From: Mark Wilson <mwilson@natcadc.org>
Date: Mon, Feb 13, 2012 at 10:28 AM
Subject: FW: Revised Settlement
To: Jeff Lewis <reformfaanow@gmail.com>
Cc: Jay Barrett <rkmedez@gmail.com>
Here is the final deal. We've gotten everything we could. Included is your
request to place a letter in your file and to get a check, not a bank deposit.
Scanned J.L Settlement 0213 13.pdf
773K
the draft is at 40% on SL... was that what you understood?
Jeff Lewis <reformfaanow@gmail.com>
Mon, Feb 13, 2012 at 11:42 AM
To: Mark Wilson <mwilson@natcadc.org>
Cc: Jay Barrett <rkmedez@gmail.com>,
Anna Jancewicz <ajancewicz@natcadc.org>,
Mike Hull
<mhull@natca.net>,
Hamid Ghaffari <hghaffari@natca.com>,
David Caldwell <david.caldwell@natca.net>,
Barry Krasner <bkrasner@natcadc.org>
Mark and Jay:
I do feel we need to say no to this unacceptable settlement. This case needs to go to
arbitration, and I believe that our Union has a Duty of Fair Representation that
compels this action. If either or both of you do not want to or possibly simply cannot
do the Union's duty at Daly City, perhaps we can get Mike Hull or someone else to do
it. I would still be happy to meet both of you on Wednesday morning and prep this up
so we can win a big arbitration for the NA TCA membership, but if you cannot attend,
please find someone sharp who will.
Among other things, you need to be clear on the terms of the fraudulently produced
settlement at MSPB. That, too, was an extraordinarily one-sided "settlement"; e.g., it
stripped me of my right to work as a contract controller in retirement (they dealt with
me as if I was disabled, though there is NOTHING in the FAA record or in any of my
health records to support that). One of the only rights cleanly preserved within that
first "settlement" was my right to proceed with Grievance NC-08-79364-CCR, so that I
could pursue fair adjudication via an arbitration. Now, if you sign away my right to this
arbitration, I never really had that right, did I? All because the Union is working with
the Agency on this settlement, without proper consideration of the grievant and the
Union Membership.
All the worse, you propose taking this action after I have collected the very evidence
that Agency so carefully concealed to impede MSPB in their duty to adjudicate, and to
compel that earlier fraudulent and involuntary "settlement". You know clearly, from
the work Mike Hull did in late 2010 with the records I provided then (which pale in
comparison to those that I now have): this case is fully documented and needs only
the will of a good Union to push it through, to a major NA TCA victory against a major
Federal player in abusive mismanagement (YES, that would be FAA, the same people
that Johnny Carr rightly spoke up against).
The record shows NA TCA takes many far lesser grievances all the way through
arbitration. Your willingness to give Agency a free ride as reflected in the current draft
settlement agreement not only serves Agency in the continuation of their worstpractices, but also grossly dis-serves both the Public and the professionals within our
Union membership ranks. Frankly, a rational person such as myself cannot
comprehend how you can even consider what Mr. Rodriguez is proffering for
settlement.
Five years ago, just four days after the start of the stress and confusion initiated by
my inexplicable lockout on 2/16/07, CCR Local FACREP Bill Marks signed a note
declaring belatedly that he would no longer represent me due to a conflict of interest.
You are already aware that he had grossly failed his representational duty by not
having recused weeks earlier, before he "assisted" at two Weingarten meetings, on
2/13/07 and 2/16/07. You are aware of this gross failure by the Union. Well, see the
attached; this is an email from CCR ATM Jason Ralph to others, with a copy of Mr.
Marks' recusal memo. Note his phrasing: "Attached for your information is notification
from my FACREP that he is recusing himself ... " Did you catch that... "...from MY
FACREP...," as stated by the FAA manager. I noticed it when I first read this two years
later, in 2009 (nobody in the Union ever bothered to notify me of this action, or why it
was taken, so I had to learn this detail via FOIA and Discovery). When I read it, I saw
this immediately and thought, "wow ...Jason Ralph thinks Bill Marks is his Union Rep
... AND HE IS RIGHT! Bill does serve Jason ...••Feels the same today ...
Now, also look at the third page in the attachment; here you will find the words
of David Caldwell, SFO A TCT NA TCA facrep. He appears to be upset and is declaring
the need to file a ULP against the Agency. He adds: ••...please tell me there is another
way to make these asswipes feel some severe pain over this ...••So, Mark and Jay, in
the same spirit as shown by Mr. Caldwell, would you please tell me, if you choose to
NOT arbitrate this week, is there another way to make these same FAA officials feel
some severe accountability over this???
If there is not, how well is our Union serving its purpose?
Brotherhood is far more than just a word.
Let's make this right, fraternally.
Jeff Lewis
tel 971-295-7669
>'1
--.J
20120213..
attachment for 1140 email to Mark and Jay at NATCA.pdf
190K
From: James Barrett <rkmedez@gmail.com>
To: Jeff Lewis <reformfaanow@gmail.com>
Cc: Barry Krasner <bkrasner@natcadc.org>,
Mike Hull <mhull@natca.net>,
<hghaffari
natca.com>, Anna Jancewicz <ajancewicz@natcadc.org>
Date: Tue, Feb 14,2012 at 6:51 AM
SUBJ: Settlement Agreement
Hamid Ghaffari
Jeff
Please find the signed settlement agreement attached in relation to the underlying grievance. As
you can see, we have recovered virtually everything economically that was requested in the
remedy section of the grievance. While the Union completely understands your position, we have
to evaluate and process this grievance on its individual and unique merits. The Union strongly
believes that the attached settlement is a good resolution of the grievance.
I must point out to you that the grievance settlement has a section 7 which requires you to provide
your SSN and current mailing address to the Agency within 20 days. Our Agreement uses
calendar days, therefore March 4, 2012 is your deadline. If you wish you can forward the
information to me via email and I will ensure the Agency receives it. This information is needed
to allow the Dept. of Interior to send you a paper check, as you requested. Please be advised that
if you do not comply the Agency will more than likely not pay you.
Please advise us when you receive payment and how much so that we can verifY that you have
been correctly compensated economically IAW the settlement Agreement.
Respectfully,
Jay and Mark
tJ 61K
SignedView
Settlement
2012_02_13
Download
.pdf
)
)
NA110NAL
ASSOQATION,
)
)
)
Re:
Grievance of
Lewis
)
and
)
Grievance #NC-OB-79364-CCR
)
)
)
)
arbitration
scheduled for February 16-17,
$3,000.00
per
LESS than
Booking
to heclrinq.
.00
$3,035.00
F12-7293WP
Rcvd 11-23-12
S
From: James Barrett <rkmedez gmail.com>
Date: Tue, Feb 21, 2012 at 1:27 PM
Subject: Re: Settlement Agreement
To: Jeff Lewis <reformfaanow@gmail.com>
Cc: Mark Wilson <mwilson@natcadc.org>
Jeff,
I have acquired
this as your address:
Mr. Jeffrey Lewis
28242 S.Salo Road
Mulino, OR 97042
Absent hearing otherwise from you prior to Friday February 24,2012 5:00pm EST/2:00pm PST,
this is the address will be providing the FAA advocate Mr. Bobby Rodriguez in order to comply
with the terms of the settlement agreement.
I
We have discussed with you all the reasons that the Union chose to settle this grievance.
Moreover, won't be interpreting anything that you hypothesized about in your email, nor will
be providing you any advice concerning any of your rights.
I
I am sorry you are not satisfied
with the excellent settlement we managed to secure for you.
Take care,
Jay
On IFeb 20, 2012, at 11:57 AMI, Jeff Lewis wrote:
James:
Please give me a call. Tel. 971-295-7669.
I was never really involved in this settlement. I am concerned that the SSN and mailing
address I was required to submit (which Agency already had, and which you have
ensured were received by you and forwarded) erroneously imply my acceptance of this
settlement. Yet, in my communications to both you and Mark prior to this FAA-NATCA
"deal", I made it clear I do not accept this settlement.
The more I look at this, the more clearly I see that NA TCA abandoned this arbitration.
My concerns were ignored by the Union. This same Union has spent thousands
arbitrating lesser grievances, yet did essentially nothing with my grievance. Three and a
half years, a career stolen, and the Union chooses a course that protects the Agency from
accountability.
So, please give me a call and advise your interpretation of this. Please also advise what
my rights are, as an individual, to challenge the actions taken by you and Mr. Wilson in
concert with FAA. It certainly seems fair that, if the Union is going to act contrary to the
will of a represented grievant, they had better declare to that grievant his/her full rights
for recourse.
Thank you.
I
Jeff Lewis
On jTue, Feb 14,2012 at 6:51 AMI, James Barrett <rkmedez@gmail.com>
wrote:
Jeff
Please [md the signed settlement agreement attached in relation to the underlying
grievance. As you can see, we have recovered vi ...
r.J;:""p, III r:
-s.;...'Jo'(oIo'~
G 043,899,813
:,~
Check No.
02
27
12
69001104
0109325047
4030
KANSAS
06940814
MO
CITY,
4030
M2
06940814
$***1900*00
VOID t',FTER
REGIONAL
MAILING
NOTICE TO
CHECK
RECIPIENT
FEDERAL
CHECK
AMOUNT
CHECK
DATE
NUMBER
NUMBER:
u.s.4030-06940814
TREASURY
REG·KANSAS
AVIATION
ADMINIST
MOWASHINGTON,DC
JEFFERY
N ADMIN
NC-08-79364-CCR-GRIEVANCEGRIEVANCE
20591
02-27-12
$***1900*00
FEDERAL
CITY,
LEWIS,
DDDE1212055CO
AGENCY TELEPHONE NUMBER
000-000-0000
NCY SCHEDULE NUMBER
t:W:¥:"
0000E1212055CO
LEWIS,
JEFFERY
N
28242
S SALO
RD
MULINO,OR
97042-8727
000005
PER ENCLOSED
•.t:I:
"n.~•..I· •• 't...
':.
Dl3EUR;:lNG
ONE YEAR
OFFICE.R
NOTICE
TREASURY-FINANCIALMANAGEMENT SERVICE TFS FORM 3090(Rev.)
FINANCIAL CENTER:
$1900.00
-I VENDOR I.D.
PLEASE DIRECT ANY INQUIRIES CONCERNING THIS PAYMENT TO THE AGENCY AT THE ADDRESS (OR PHONE NUMBER) INDICATED ABOVE
SOUTHERN
REGION
1737
P.O. BOX 20636
ORG-CDE
LEAVE AND EARNINGS STATEMENT
HRXXXA
PAY PERIOD:
PYRL LIAISON STAFF ASO-15
ATLANTA
09
GA 30320
ENDING
PAGE
DATE:
2012-04-21
1 OF 1
11,11,1'1,11I'11,11,1'11,111111111,1,,1.1111,1,11111.1.11'11.1
AGENT
0.00
NET PAY
~I
TO:
**AUTO**MIXED
AADC 800
LEWIS, JEFFREY N
28242 S Salo Rd
Mulino OR 97042-8727
I
EMPLOYEE
IS RESPONSIBLE
FOR VERIFICATION
T 21 P62
OF PAY, DEDUCTIONS,
I:::~~~:~~~~~~~~:,;~~~~~..::~~=-~-I EARNINGS/OTHER
REG
I GROSS
PAY
PAY
DEDUCTIONS
RETIREMENT
FERS
4.2%
OASDI
1. 45%
MEDICARE
FEDERAL TAXES
SINGLE
/ 5 EXEMPT/
STATE TAXES
OR
CHILD SUPPORT
TSP TAX DEFERR'.
~OTAL DEDUCTION~
$156.53$156.53-
$18888.30
$156.53-
$18.50
$793.31
$273.87
$4526.42
$156.53-
$1685.86
$530.77
$156.53
$7985.26
I
i
I
***AGEN'
ITEM
1=======
OASDI
'.
I MEDICARE
FERS
I TSP SAV •.
TSP
SAV
LEAVE CAT LVYR
TYPE
siCK
(0)
C/O
':0000005'8'_
BEGIl-I
PP BAL
Pl'
=~~~~06=-40~~06====--=======--
RST AN
II
-=
SSN
PAY-PLN/GRIST XXX-XXFV/C/OO
SALARY - (PA)
$26576
SCD (LEAVE)
86-12-04
FLSA CLASS
NON-EXEMPT
CUM RET AGNCY
$4184.54
TSP (AMT/pCT)
0%
ROTH (AMT/PCT)
0%
o EXTRA
I
I
AND LEAVE.
-
00 I., ? I., 9
? I., 511-
**YTD
TAXABLE
FEDERAL
STATE
OR
EARNINGS**
$18731. 77
$18731.77