A link to a 45-page PDF with this FOIAResponse portion

U,S, Department
of Transportation
Federal Aviation
Administration
OCT,2
Office of the Air Traffic Organization
Western Service Area
1601 Lind Avenue Southwest
Renton, Washington 98057
(6 2007
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Jeff Lewis
28242 S. Salo Road
Mulino, Oregon 97042
Dear Mr. Lewis:
Subject:
Freedom ofInformation
Act (FOIA) Request 2007-007547WS
This is an Air Traffic Organization (ATO) Western Service Area full-disclosure response to
your FOIA request of August 28,2007, made under the provisions of Title 5 United States
Code, Section 552. You requested a copy of the following information:
1. A copy
2. A copy
Traffic
3. Source
of the complete Report ofInvestigation
of all "additional documentation" being held by the Concord Airport
Control Tower Manager
documents referenced in a memorandum prepared by Aerospace Medicine
Please be advised that this request was multi-assigned within the Federal Aviation
Administration. Accordingly, you will receive separate agency responses regarding this
FOIA request.
A search for records was conducted at the Concord Airport Traffic Control Tower on
October 4,2007. Enclosed are 44 pages of documents responsive to Item 2 of this FOIA
request.
Your request qualifies for the "All Other" fee category whereby you are not charged for the
first two hours of search time, any review time, and the first 100 pages of documents;
therefore, no fees have been assessed by the agency in processing this request.
If you have any questions regarding this FOIA request, please contact Ms. Jene Zullo, FOIA
Officer, at 425-227-2902.
Sincerely,
l .,
J. Mark Reeves
Director, ATO Western Service Center
Enclosure
F7-7547WS
Rcvd 10/31/07
I
S sala Rd., Mulino, O~
~
~~?J ·
9..>'2..
~
tel. (503)
71O-J 515
VVednesday,August29,2007
Jason Ralph, ATM
Concord FAA ATCT
201 John Glenn Drive
Concord, CA 94520
***FOIA REQUEST*** ...
Mr. Ralph:
Please accept this letter as a request under the Freedom of Information Act. In fulfillment
of this request, I ask that you immediately forward copies of the following:
1. a copy of the entire Report of Investigation (ROI) related to the 2f7/2007 call to the
Administrator's Hotline about problems in the work environment at your facilitiy;
2. copies of any and all documentation you hold regarding my behavior while employed
at your facility;
3. copies of all notes you hold regarding the "Violence in the Workplace" telecon you
convened on the morning of 2/16/2007.
J ask that all FOIA expenses be waived as all these materials should appropriately
have
been provided me free of charge; I have made repeated earlier requests for these
materials which, inexplicably, you have chosen to ignore.
Thank you for your assistance.
Jeff Lewis
FAAATCS
F7-7547WS
Rcvd 10131/07
FOIA NO. 2007~007547WS
PAGE NO. 01
tel. (503) 710-1515
Wednesday, July 18, 2007
Jason Ralph, ATM
Concord FAA ATCT
201 John Glenn Drive
Concord, CA 94520
Mr. Ralph:
In a phone call you made on 16 February, you directed me to not communicate with my coworkers at CCR ATCT until further advised. This effective gag order, coupled with your
control of communications and refusal to reply to my informational requests, has denied
me fair recourse against the serious and damaging actions you have initiated.
So as not to be insubordinate, I have complied with your gag order until now. However, in
the immediate future I will need to consult with my CCR ATCT co-workers.
Please confirm in writing that I may resume communications with my co-workers. Please
also confirm you have not restricted them against holding a fully open discussion with me
or my representative. Lastly, please also provide a facility directory including names and
personal phone numbers for all CCR ATCT personnel, as was available to me on the
morning of 16 February 2007.
Thank you,
I!/{~
Jeff Lewis
FAAATCS
F7-7547WS
Rcvd 10131/07
FOIA NO. 2007-007547WS
PAGENO. 02
Jun 22 07 10:20a
Dave
and Martaret
Caldwel
208-588-5111
p. 1
Lfi!rOm
NATIONAL AIR TRAFFIC CONTROLLERS
ASSOCIATION
A FUCIO
LocalSFO
Termina12-6-30
San Francisco, CA 94128
(650) 876-2883 ext. 102
Mr. Jason Ralph
Air Traffic Manager
Concord A TCT
June 22, 2007
Mr. Ralph,
This letter concerns grievance NC-07-63892-CCR
filed by Mr. Jeff Lewis under
the illegal work rules defined in the agency's "white book". I am also in receipt of
your response dated June 5, 2007 denying this grievance.
As I had informed you earlier the union cannot, and will not, support any
grievance filed under the "white book".
Therefore, as the designated Bargaining Unit Representative for this matter, I am
hereby withdrawing grievance NC-07-63892-CCR
with prejudice. Please feel free
to contact me should you have any questions.
Respectful1y,
~~
David B. Caldwell
NATCA
F7-7547WS
Rcvd 10131107
FOIA NO. 2007-007547WS
PAGENO. 03
tel. (503) 710-1515
Monday, June 11, 2007
Jason Ralph, ATM
Concord FAA ATCT
201 John Glenn Drive
Concord, CA 94520
Mr. Ralph:
On Saturday I received and reviewed a copy of the psychological evaluation report you
required. Frankly, I am disappointed that you declined to speak with Dr. Haldeman as
your doing so would have helped us to resolve this matter.
In more than twenty years as an FAA air traffic controller, I have worked at seven
different ATC facilities. I have learned that one of the key requirements for a healthy and
effective work organization is that the facility manager must ensure fully open
communications. You have refused to do this; rather, you seem intent on selectively
controlling communications. Thus, while you have never replied to any of my
correspondence and have refused all of my past attempts to open a dialogue, you
appear to communicate freely (albeit inaccurately) with others in FAA management. In a
particularly damaging example of this selective communication, in the telecon you
initiated on 16 February, you apparently made slanderous allegations to the Regional
Flight Surgeon and others, which precipitated our present situation.
As a more general problem, your management communications style has created a
hostile work environment in which under worked ATC personnel alleviate their
boredom by attacking the characters of selected co-workers. When I arrived at your
facility last October I was stunned by the intensity with which nearly all the controllers
tried to sway me toward a negative opinion of many of their coworkers, including you.
In the most conspicuous case, I endured hours of malicious commentary against Andy
Papageorge during a process to compel him toward an early retirement. True to my
independent character, I refused to flatly accept any of these perspectives but instead
chose to let time help me draw my own conclusions. I want to emphasize here that, in all
honesty and given the closed communications at your facility, I do not know if Andy
Papageorge deserved the discipline you dealt him, but I do know that no FAA employee
deserves to be the subject of a defamation campaign. For the record, I have
increasingly come to realize that the hostile work environment pattern you wrongly
condoned against Andy Papageorge has since been redirected at me. This needs to
end.
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 04
Letter to Jason Ralph, page 2 of J~
In your letter to me dated 12 March, you stated: HI very concerned about your physical
and emotional well-being (sic)". I genuinely have this concern but, even more, I am
baffled about how you, as an FAA manager, are demonstrating the falseness of your
stated concern, and what you have been doing in this matter. You effectively locked me
out of my workplace on 16 February. You placed me under a gag order to not
communicate with any of my coworkers. You directed me to submit to an Accountability
Board interview by an outside investigator, yet you have failed to provide me with any
periodic feedback, and you even disregarded advice you received from the HR POC at
the Regional Office (Gwen Marshall) to provide feedback. You required me to obtain an
expensive psychological evaluation, yet you refused to discuss your concerns with the
PhD psychologist when he called you. You refused my repeated requests to discuss and
clarify your concerns about my alleged behavior. You wrongly placed me on sick leave,
against my will, based on an alleged "condition" for which no medical evaluation had
been conducted. You did so many things for which I am baffled, as any reasonable and
sane person should be. If your conduct is representative of accepted FAA management
practice, it is an outrageous public disservice and we (the FAA, yes, you and I) are sadly
needing reform. Again, this needs to end.
In order that I may fully and accurately comprehend my present work situation and the
basis for the perplexing actions you have taken, I request you send the following to my
horne address in Oregon:
•
First, a written explanation of the following:
o why did you refuse to talk to Dr. Haldeman?
o why did your 12 March letter offer me to direct medical questions to Dr.
Roberts, yet the entire Flight Surgeon office refuses to talk to me and
directs me to "LR"?
o why have you not given me any periodic feedback on the Accountability
Board process, per FAA Order III O.125Apara. 15g?
o what do you envision doing once you have exhausted my sick leave, and
where are you going with your actions? (please understand, the
uncertainty you have placed me under these past four months has been
quite stressful)
•
Second, copies of all notes you and Patricia Hardy (CCRATCT supervisor) have
created regarding my alleged behavior, especially Ms. Hardy's notes from the
first interview/discussion she had with me regarding the alleged use of a racial
slur (23 January?) and notes from our meetings on 13 February and 16 February
•
also, a copy of the letter I submitted defending Andy Papageorge when you
wrongly accused him of becoming loud and angry during vacuuming
•
and, a copy of the Accountability Board Report of Investigation for which I was
interviewed by James Austen, Special Agent, on 23 March
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 05
Leiter to Jason Ralph, page 3 oj 3
•
and lastly) copies of all disclosable notes and investigative summary reports
related to the 7 February anonymous complaint filed with the FAAAdministrator's
Hotline
As you have compelled me to involuntarily burn my limited sick leave (which problem
still needs to be corrected), I request these documents as soon as possible. If you are
unable to provide them by 25 June 2007, please provide all that is available and advise
with a letter or email the date you expect to completely fulfill my request.
In closing, I feel I need to remind you that we are all legally bound to hold medical
matters in the strictest confidence. At the point in time that you became aware I was
declared "medically incapacitated" (whether unofficially by you or officially by Dr.
Goodman is still not clear, as I have received no letter from Aerospace Medicine), this
became a matter to be handled solely between me and the Flight Surgeon. As such,
please do not defame me by further discussing with anyone my medical matters or the
medical "condition" you alone have alleged.
I thank you in advance for a prompt and complete reply.
Sincerely,
Jeff Lewis
FAAATCS
F7-7547WS
Rcvd 10131/07
FOIA NO. 2007-007547WS
PAGENO. 06
U,S, Department
of Transportation
Federal Aviation Administration
Concord Air Traffic Control Tower
201 John Glenn Drive
Concord, CA 94520
Federal Aviation
Administration
June
5, 2007
Mr. Jeffery
5321 Sonoma
Pleasanton,
Mr.
Lewis
Drive Apt
CA 94566
#3
Lewis,
This letter is in response
received on May 24, 2007.
to your
grievance
(NC-07-63982-CCR)
I have thoroughly
reviewed your grievance,
along with your
requested
resolution
and your grievance
is denied for the
following
reasons:
In accordance
with the infornatic~
.
.'
documented
in my April 17, 20G' le::.::e:-,
.. ~~ ·.:.e:--:=: :::7-'='~:""~:·.-:=::;
:--.
e ::
_ ~-;
~ :: .'O.~:- -;:-=--: :
.. ". "
be me d icall y incap a c ita e j 8 Y ::
6 6 0 t the Con ract) ar.
d ha-:e = 3 .:.~ -:=:::
':;c.:; ::..:. ~
-::.
medical documentation
by ::.:-:e ass.:.::;:-.e:; ~: .. '- - - : = .-.~ - -_.,
2007.
t
t
-=
As a result, you were placed
resolution
of your status.
on Sick
~ ,~ ----~- y·--~.----z~
Jason Ealph
Air Traffic
Manager,
Acknowledge
Receipt
NATCA
SFO
:::::.:.
Leave
..
pendi~g
L:-:e
_
CC~ nL~~
Date--------Jeffrey
Cc:
~
/ Dave
FOIA NO. 2007-007547W~eO- '-
Lewis,
Caldwell
CPC
F7-7547WS
Rcvd 10/31/07
PAGE NO.
07
U.S. Department
of Transportation
Federal Aviation Administration
Concord Air Traffic Control Tower
201 John Glenn Drive
Concord, CA 94520
Federal Aviation
Administration
June 5, 2007
Mr. Jeffery Lewis
5321 Sonoma Drive Apt #3
Pleasanton, CA 94566
Mr. Lewis,
This letter lS In response to your grievance
received on May 24, 2007.
(NC-07-63982-CCR)
I have thoroughly reviewed your grievance, along with your
requested resolution and your grievance is denied for the
following reasons: In accordance with the information
documented in my April 17, 2007 letter, you were determined to
be medically incapacitated by the flight surgeon (lAW Article
66 of the Contract) and have failed to provided required
medical documentation by the assigned due date of April 16,
2007.
As a result, you were placed on Sick Leave pending the
resolution of your status.
~ ~
~---c
_
Jason Ralph
Air Traffic Manager, CCR ATCT
Acknowledge
Receipt
Date
_
Jeffrey Lewis, CPC
Cc: NATCA SFO / Dave Caldwell
FOIA NO. 2007-007547WS
F7-7547WS
Rcvd 10/31/07
PAGE NO.
08
.h.Jn 01 07 08: 54a
Dav@
and
Mar~aret
C~ldwel
209-599'5l11
p. 1
{;;-I/i,~j~'
NATION"!L AIR TRAFFIC CONTROLLERS
ASSOCIATION
AFL/CIO
LocalSFO
Tenninal 2-6-}!}
San Francisc;o, C A 94128
\6~O) 876-2883 ext. 102
Mr. Jason Ralph
Air Traffic Manager
Concord ATCT
May 31, 2007
Mr. Ralph.
1 am ""TIting you as the designated representative
11..')rthe Bargaining
'Cnit at
Concord A TCT as it pertains to the security invcstig:.tlior. :'egardillg :v1r. Jetf
Lewis.
It is my W1derstanding that Mr. Lewis has filed an employee grievonce o'·'cr being
charged sick leave instead of administrative leave. I also understa.t)d tb.at be filed
this grievanc.e under the illegally imposed work rules that the agency refers to as
the "White Book".
As you are aware, NATCA does not recognize said "book." and wiB not be a party
to any actionfiJed tmder it. Therefore, I am advising YdU that upon your reply to
Mr. Lewis, the Union will taking ownership of the grievance and 'dill be
withdrawing said grievance with prejudice.
I am requesting that you notify me when you have ft:~poIiJe<i to Mr. Lev-is' illegal
grievance. Please feei free to contact me if you have any qJcstions.
Respectfully,
./
....
Q_r//
~~
ot;
~
,//~?fl--&:!d<:/
David B. Caldwell
NATCA
209-602-1834
david. cald [email protected]
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 09
Wednesday, May 23,2007
Jeffrey Lewis, ATCS, CCR ATCT
Jason Ralph, ATM, CCR ATCT
Grievance Filing
Date:
From:
To:
Subj:
Jason,
Please accept and process the attached grievance seeking remedies for your
inappropriately placing me on sick leave for 72-hours during Pay Period 10.
As I am still prohibited from speaking with the CCR personnel (your order, 2/16/2007), I
ask that you forward a copy to the CCR ATCT NATCA representative.
Thank you for your cooperation.
Jeff
;/(:C S/Z(;/07
}-
@,q:<~d
-~~
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 010
Facts:
Violation:
Grievant:
Representative:
Subject:
•
~,,~
viewed
my
Earnings
&E&LS
Leave
Statement
(E&LS)
for
Pay
Period
10
onthat
IBetween
Infirst
did
a 3/26/2007
not
request
phone
sick
leave
conversation,
for
thiS
DickPeriod;
Fossier
rather,
(AWP-16?)
I had
requested
advised
me
continued
3/22/2007
and
4/5/2007,
IPay
made
several
phone
calls
to
the Regional
•N.
5/8/2007.
The
showed
me
on
72-hours
sick
leave.
William
Marks,
ATCS,
CCR
ATCT
May
23,2007
Lewis,
ATCS,
CCR
ATCT
Date of Jeffrey
Alleged
Involuntary
May
8,2007
Assignment
of
Sick
Leave
claimed
alleged
made
the
by
that
decision
Mr.
in
Ralph
that
to
teleconference,
in
declare
a
teleconference
me
medically
Dr
Goodman
on
incapacitated.
2/16/2007.
(Regional
Mr.
However,
Fossier
Flight
Surgeon)
further
the
Regional
Ralph.
Surgeon.
In
a
4/5/2007
call
to
the
branch
medical
office
at
Oakland
Center,
Valri
Flight
Surgeon's
office
and
to
the
branch
office
at
Oakland
Center.
I
left
to
Surgeon
Ralph
Jason
pay
any
for
is
of
Ralph
a
not
has
my
confidential
written
had
not
doctor,
evaluated
placed
communications)
medical
let
alone
me
me
on
report
a
and
paid
Regional
has
to
administrative
be
not
sent
Flight
provided
to
Surgeon.
him
leave
me
...
despite
with
due
the
to
the
my
required
fact
behavior
that
Mr.
as
the
letter;
my
both
questions
medical
Sandi
numerous
only
Poland
incapacitation
and
written
requests
instead
and
correspondence
Mary
refer
to
decision
talk
Williams
me
with
to
was
the
"LR".
that
Iemail
have
made
doctors,
they
Additionally,
received
by
had
"LR",
but
been
eventually
has
not
Ms.
advised
by
been
Poland
the
was
from
Flight
tonever
advised
not
told
Jason
answer
by
that
was
paid
behavior,
However,
made
administrative
Surgeon
has
Mr.
in
an
advised
Ralph
did
email
not
leave.
did
to
further
me
not
Jason
My
Ithat
am
reply
request
medically
Ralph,
to
my
for
ATM,
evaluate
continued
incapacitated,
CCR
(note:
ATCT,
paid
Mr.
not
Ralph
and
administrative
even
sent
has
4/27/2007
has
a
simple
directed
leave
phone
replied
me
to
written
interview,
notification.
to
validate
Thus,
Mr.
Ralph's
effectively,
claims.
Jason
Contrary
Ralph
to
alone
the
contract,
has
falsely
the
alleged
Flight
understood
Kriner
messages
expressed
with
"HR"
Dr.
was
surprise
Goodman
working
and
on
Imedically
had
aDr.
letter
not
Roberts,
yet
to
me.
gotten
but
I me,
have
a
they
letter
still
never
and
not
called
received
advised
back.
she
this
I my
Date Submitted:
~~,-~-
-------
F7-7547WS
Rcvd 10131/07
May 23,2007, Grievance, page 1
FOIA NO. 2007-007547WS
PAGENO. 011
Contractual
inclusive):
Violated (not
FAA
for
Dr.
Douglas
•
•
-
I
I
In
his 3/12/2007
letter,
Mr.
Ralph
set
an
arbitrary
ofthe
4/2/2007
for
While
Article
Jason
the
Ralph
66, Regional
Section
advised
12:
Flight
in
"The
his
Surgeon
3/12/2007
provisions
has
letter
of
refused
this
that
Article
to
I deadline
was
communicate
shall
"required"
be
applied
directly
to submit
uniformly
with
me,
6c:
4:
"All
"If
an
medical
employee
examinations
does
not
required
meet
the
by
(medical)
Agency
standard,
shall
beI
7:
correspondence
between
the
Flight
Surgeon
and
the
imposed
Contract
between
NATCA
and
FAA:
Article
66,
Section
2:
"Medical
clearance
examinations
shall
be conducted
meant
to
be
all
Provision(s)
Agency
medical
officer
or
a
certit;ed
Aviation
Medical
Examiner
(AME).
"
fees."
medical
certmcates
"
FAA
Management
has
violated
the
following
provisions
of
the
2006
submission
of
medical
documentation.
This
deadline
was
not
reasonable
as
it
..
_Aerospace
Medicine
...
"
DSM-IV
5-axis
clarification
from
Mr.
Fossier.
Ithe
advised
Mr.
Ralph
of
this
earliest
(mailed
Friday
3/16),
and
4/17/2007
(mailed
Tuesday
4/24).
In
his
documentation
3/12/2007
this,
Jason
Ibe
made
Ralph
documentation
letter,
aconfidential
has
series
to
Mr.
sent
me
Ralph
...
me
"ATCT
phone
to
and
three
determine
directed
that
calls.
letters:
"...may
me
In
my
asending
2/16/2007
to
3/22/2007
qualification
"...
a/so
submit
fax
(mailed
the
phone
the
for
medica/
required
duty,
conversation,
Tuesday
but
documentation
medical
Mr
2/20),
Ralph
Dick
advised
the
doctor
that
to
Mr
perform
Ralph
the
was
evaluation
expected
and
to
extend
prepare
the
deadline
report
In
as
my
necessary
3/22/2007
I did
employee,
in
writing,
which
of
the
medical
standards
have
not
been
met"
for
not
Fossier
Assessment
clearly
clarified
backed
identify
up
to
that
the
LVK
this
Iof
was
medical
requirement
required
which
to
by
I(Cindy
was
obtain
given
Irequired
a
was
DSM-IV
ahis
on
required
3/23/2007
of
5-axis
the
to
DSM-IV
obtain
evaluation.
To
Guidelines
clarify
Mr.
shall
available
phone
sick
leave
conversation
transmitted
scheduled
is
includes
the
earliest
even
with
back
appointment
available
between
Mr.
the
and
day
Fossier
forth
appointment
IIfor
in
those
spent
in
my
sealed
fax
individuals
in
ato
of
envelopes
him
EAP
next
on
only.
was
4/2/2007.
medical
day
to
also
While
after
be
present),
opened
evaluation
facility
receiving
by
Ithe
was
the
approximately
management
employee
or
Flight
may
twenty
be
Surgeon
years
used
as
Jason
only,
aevaluation(s)
conduit
as
Ralph's
appropriate.
for
4/17/2007
the
passage
"copy
letter
of
such
indicates
information,
that
my
it to
failed
to
consider
time
necessary
scheduling
the
appointment,
as
well
as
for
either
scheduled
temporarily
on
duty
or
time.
permanently,
Employees
the
shall
medical
be
reimbursed
examiner
will
for
mileage
outline
for
and
parking
nationwide
and
to
those
bargaining
unit
employees
who
are
required
to
maintain
•
by an
F7-7547WS
Rcvd 10/31/07
May 23, 2007, Grievance, page 2
FOIA NO. 2007-007547WS
PAGENO. 012
Meeting is
Whether or Not a
•
Direct
both
Jason
Ralph
and
Patricia
Hardy
(ATC
supervisor.
CCR
ATCT)
to
Process
anRegional
amendment
to
my
E&LS
thatto
all
of sick
areATCT
Further
the
direct
Regional
Flight
Surgeon
Flight
Surgeon
to so
send
me
send
a72-hours
confidential
me a copy
letter
of leave
myCCR
either
complete
gladly
meet
with
an
FAA
manager
from
outside
if
Remedy
Sought;
Ithe
do
not
~-wish to meet with Jason Ralph or Patricia Hardy. However, I will
Requested:
standards
I have
administrative
leave
Ifailed
am requesting
that FAA management comply with the 2006 imposed
restored
to
leave
and
these
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are properly
recorded
as
paidthe
2/16/2007
teleconference
with
Jason
et should
al
confirming
Imy
am
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the
medical
standards
orbehavior
outlining
the during
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send
mefile.
copies
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allbalance.
their
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regarding
my
alleged
medical
including
the notes
Dr.
Goodman
have
recorded
management
believes
it may
beRalph
helpful.
•
contract,
including the following:
F7-7547WS
Rcvd 10/31/07
May 23. 2007. Grievance, page 3
FOIA NO. 2007-007547WS
PAGENO. 013
Concord ATCT
U.S. Deportment
of Transportation
201 John Glenn Drive
Concord, CA 94520
Federal Aviation
Administration
April 17, 2007
Jeffery Lewis
5321 Sonoma Drive Apt #3
Pleasanton, CA 94566
Mr.
Mr.
Lewis,
Effective April 17, 2007 you were removed from an
administrative leave status because you are medically
icapaciated and have failed to provide required medical
documentation to determine your qualification for duty.
Please, contact me in writing (e-mail acceptable,) no
later than May 1, 2007, with your request for which form
of leave you would like to utilize? Failure to respond by
the specified date will result in you being placed on sick
leave, until further notice.
Acknowledge
Receipt:
Date
~_
Jeffrey Lewis, CPC
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGE NO. 014
Federal Aviation
Administration
Memorandum
Date:
April 4, 2007
From:
Air Traffic Manager, CCR A TCT
To:
Jeffrey Lewis, CPC CCR ATCT
Subject:
Medical Documentation
Extension
Reference your request on April 2, 2007 (the original due date) for an extension to submit
required medical documentation, given that you did not receive the additional evaluation
guideline addendum until 3/23/2007, r am granting you an extension of two weeks (April] 6,
2007) to submit the required medical documentation, as previously directed.
"-
..
~
--=s-::- ~
..~.
Jason Ralph
Acknowledge
Date:
receipt:
Jeffrey Lewis, epe
eCR
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS/\.....-~'"
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Date:
From:
1'0
5ubj;
Monday, April 02, 2007
Jefh:/y Lewis, A TeS, CCR ATCT
Jason Ralph, ATM, CCR /...TCT
Appointments I have made tor requested medical documentation
[FAX; 925·625-1076)
J aSO:1,
Per your 3/12 Jetter, I have ar:anged two appomtments 10 evah.ute my n:t',:iJC;al fitness for
ATC. Please undersrand that YQ~r 3' 12 letter (••.
VhlCh you n:ailed 011 )/ l6 and I did not
receive until 3/19) failed to clearly idcmlfV lr.e precise evaluati\:c proced\Le~ you (and
AErospace Medicine) were requiring. To clarify 6is, I called Di;k Fussier on \22 and
was advised a DSM -IV 5-axis evaluation was required In this same ca.l. when 1
ex~ressed that )/01..:r ari:litrary 4,'2 reporting deadline was unreaLstic, Cmdy Lcpel-H1c~:son
(EAP) advised that they expect you should have DC' :rouble accertln? a !att'r report as
reasona~ly nece'ssitated by availabili~y of the ~)hysician. So, pleaSe :KtX'pt th~ following as
rhe earliest available reports.
My healthcare provider, Kaiser PermanenTe,
dues not provide fo~al ,;1ental health
eva;uatior:s in response to empk>yer requests. However, they do provide c'a: UJ,:iCi:S to
address personal mental health concerns. I convinced their mental he3:tl~ triage Jnit that It
we-uk] be apprcpriate for me to meet with one of the few PhD Ps:/chdq;ists they h:ne 011
staff I b2.ve sched'.lled a one-hour appoi:ltment ('H 4/1'7 w;th a ?hD P5ycheJcgJSl
;C'
disw:)$ my concerns (and any specific concerns FAA mar,agen't"n~ Day ide"u\', ,\hiCh Ie
you forwarded them tc me, it would be very helpful). Iflhi.; d0C\O,"s nctes wi!: be.lsefo.l;
to FAA management, : wlll gladly sign a release fonn so ,hat the notes 1113.) 'JC shared
\•..ith Aerospace Medici;;,e. Please note, however, th!s is :\f OT th~ full DS~1 IV 5 ·axl~
evaluation that Dick Fossier advised is required
The earliest DSM-IV
5·axis eva1l1aticJll I was able to schedule
was on 4.'26, wi!h
<l
:xivate
PhD Psychologist in Seattle who has done many of th~se fOI the FAA. Thi s particular
physiCian may alsc, make a few calls to others. which f am gu€ssm:; \'<'0.1113 likely mcJuJe
'(lllm~ )'OU to hear exactly whe: your concerns are. He advised be i:, lwpefl;l that he can
complete his report by 5/3, but ifhe is '.mable, l:e \.vill be on vacation and t:-len wo,.,ld
e.xpec: to repoL1 no later tha..'1 5/15. The cost is ccnsidcrable: 1 will pay ou: of pJd.et
$1,600-$2,000
f01" r..is SeT"lCes r do know that he does very good worl<. ant. hs ~eport
would fully address the requiremect: a DS~1·IV· 5·a.xis evaluation
011 a parallel, 1 did fol!ow your directions;n
)'lIUr 3.'12 memo a:ld wen'. to Livermore
ATCT last friday for the im'estigative interview with Jim Austin, ~k:U1Y disturbing and
false allega:ions were presented to :ne. I answered all his que3tlOns aIld have contlP.ued ,(I
wai~ for the comple!ed Report of Investigation, S0 that r can defmi:ively :.mderstand the
allegations. I have been hoping that These allegations will help me to rdine the issues I
need to share with the· mental heaith physicians ~will be seeing Frankly, r am not sure a
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 016
B~RON
~ErHODlST
CHURCH
/
DS~1-IV 5·axis evaluation ~s appropriate, a..a may be clearly inappropriate ,lOW that FAA
management has completed the lnve3tigarive interviews, "bU!, r awatt your dlTectlon on
this,
Lastly, please note that your 3/12 memo advised i~-I have any qlleS'tlC;'s I should cOllsul!
with Dr, Roberts at Aerospace Medicine, Contrary :0 YOur '>'lggesti<,1ll, ] have b~en t..:nable
to consult with Dr Roberts, [have attempted to do this Tepe"l~edly and have been .1dvised
that t}.ey have been advised not to ans' •...
er my q.les~ions bw juq refer me o~'flo LR ;-";0
AerOspace Medicine doctors have called me b1Ck J w(luld app;"eciate If you .vould m3.ke
the necessary ca1Js to allow Dr. Roberts to cail me. so we ca., efficiently a:1d wrrectly
;iddress my medical i~sues.
If yOu have ",ny questions
O~ need furtr.er inf'ormatlQr.,
~.~/.~
:'1j/".
.,;-/
v'
•
please call or vHlte,
,.
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---
I,
F7-7547WS
Rcvd 10131/07
FOIA NO. 2007~007547WS
PAGENO. 017
Date:
From:
To:
Subj:
Thursday, March 01, 2007
Jeffrey Lewis, ATCS, CCR ATCT
Jason Ralph, ATM, CCR ATCT
Return of CCR ATCT Key and Badge
Jason:
I received your certified letter dated 2/16/07, serving as notice of my
reassignment to administrative leave. You mailed it to my Mulino. OR address
and I had to call my local Post Office for re-delivery, which happened on 2/26/07.
On 2/27/07 I received a call from Sarita Burr, the local FAA security agent. She
advised that I should NOT return my badge and key loosely packaged in the
return envelope you provided, for fear it would break the envelope and become
lost. I called Sarita on 2/28/07 and discussed her concerns Based on her
concerns and suggestions, I am hereby sending you the key and badge, secured
in this padded envelope, I am also enclosing the flimsy return envelope with the
$5 Official Business stamp as provided by you, so you may put it to better use.
I ask you to recognize that the closing sentence on your 2/16/07 certified letter
fully contradicts the telephone statement you made to me on that same date
(apparently to advise of the content of this letter). In that call, you specifically
ordered that I was to nGt visit or call the tower For the record. in that phone call
you refused to explain when I asked why you referred to my calls as harassing (I
have never made harassing calls to CCR ATCT)
I am presently on my ninth day of paid administrative leave, with your orders that
I not call or visit CCR ATCT, and that I not talk to my co-workers. I have not yet
been advised to attend any investigative meetings. I have effectively been denied
my right and responsibility to participate in two (or more) CCR ATCT
investigations: first, the Accountability Board investigation relating to allegations
that I had made a racially disparaging remark (which I did not do), and, second,
the Administrator's Hotline investigation relating to the 2/7/07 Hotline call about
discrimination, management ineptitude, and desperate work conditions at CCR
ATCT. I want to participate in these (and other) investigations, and you, as the
facility manager, have a responsibility to ensure all of your subordinate
employees participate meaningfully.
I understand from your 2/16/07 certified letter that I have been declared medically
incapacitated. For the record, you have offered me absolutely no information as
to your reason. It appears that you engaged in a tele~onference on 2/16/07 in
which, by painting your own prejudiced and erroneous picture of who I am, you
obtained concurrence to medically decertify me. Jason, if you really have a
reason for your actions, is it not good business practice to communicate those
reasons, especially to those most impacted by your actions? Please advise in
writing the precise reasons for your having me medically decertified.
Please also have your subordinate supervisor, Patricia Hardy, provide a
complete written reply to the four memos she finally accepted from me at our
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 018
.\Imw to JQ.5OII Ralph. 3/ J /0 7. page two
meeting on 2/13/07 (please note, she had previously repeatedly refused to
accept these memos, and you had condoned her refusal). I am particularly
interested in receiving a copy of her notes from the mitial interrogation she
conducted on 1/23/07, in which she first advised me of the racial slur allegation.
Lastly, please confirm that the written statement I gave you on 2/13/07. was
included in the Accountability Board Report of Investigation (ROI) For the record,
you refused to accept this written statement on 2/13/07 and then on 2/16/07,
you refused to answer my simple question: had this statement been accepted
and added to the ROI?
Please also accept this letter as a request for information
Jason, your ongoing closed style of refusing to openly communicate leaves me,
quite frankly, with no idea what you are doing, and why. It leaves me in limbo as
to my daily schedule and my chosen career. Lacking clear communications from
you, your actions feel hostile and arbitrary, and the pain is magnified upon my
family. This needs to end.
Given the uncertainty of my work schedule as defined by you, and to expedite
our communications, it would be helpful if you direct all written correspondence to
my local address: 5321 Sonoma Dr, Apt 3, Pleasanton, CA 94566.
Sincerely awaiting your communications and instructions,
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 019
Oakland
Feb 16 07 1244p
Centel "'"ji~al
SiC 745-3352
F
"
p.1
Aerospace Medicine Division
Oakland Center Medical Fteld Offtce
5125 Central Avenue
Fremont, CA 94536
US. Department
Of Transportation
PHONE~ (510) 745-3396
Federal Aviation
Administration
FAX: (SlO) 745-3582
DATE: February 16,2007
SUBJECT: ATC Medi~l Clearance
FROM:
Regional Flight Surgeon, AWP-300
TO: Facility Manager, CONCORD ATCT
EMPLOYEE
NAME:
Jeffrey Nathan Lewis
ACTION DATE: 0211612007
CLEARANCE
TERMINATES:
02/16/2007
CLEARANCE DETERMINATION:
X Incapacitation
LIMITATION:
X
X
Must wear corrective lens for distant vision while performing ATC duties
Must have glasses for near vision in his/her immediate possession while performing ATC duties
REASON FOR MEDICAL STATUS DET[RMI~A TION:
Special Consideration for medical condition and/or medication
DATE OF EXAM: 05/16/2006
NEXT EXAM: 0512007
NEXT ECG:
O. or after
O~/04/2009
COMMENTS:
INCAPACITATION
PREPARED BY: Valri J. Kriner, R.N.
AUTHORIZING
OFFICIAL:
Stephen H. Goodman, MD.
;,\OTE: During tho y""r, ref", 10 FAA Order 7210.30$, <...~1180 I. F..,iUty Operation .nd ."dminiJI1l1iolt, Olapter 2, S.ct;on 8, p""'greph, 2·8-; oed 2-lk., •••illl ,eferenCe> 10 """I
l.1l:e while perf~nn;"g ATell duli••. Ro:port ule of .n~ druS" to yo., oupctvite"
ti<i,ity mma~, r,ledie:.t1 om"" •.0, h,,:1ter OCj>res<,nUllivc,
Dunns the blelVII oflhe aIIDual ATeS medic.1 c.umin.alion, you .h.lI.dlIc:re 1<1FA'" Order 3930.3A, ATCS Health Program, 1"80 6, parag~pho 9d\21 ud (3), ~d report. any
he.11b probl= •• or the U'lC"rany c!nISJ to the FAA Fli!h1 SU<Jlcon. or hl.t rcp~""'Uolive, and e••••ge I, Appe1Idix t. Ret"""on ReqllireonellU. p"rag'.p'" (1) and (Z).
t:!p••• r",.lrictol1 dill!, }<>a•• """t
F7-7547WS
Rcvd 10/31107
/
pWIJ £ci/P 1"/J/07
~~~~~~_._.~-
FOIA NO. 2007-007547WS
PAGENO. 020
Federal Aviation
Administration
Memorandum
Date:
February
16, 2007
From:
Air Traffic Manager, CCR A TCT
To:
Jeffrey Lewis, CPC CCR ATCT
Subject:
Interference
With an Official Investigation
This memorandum serves as official notification to previously issued direction by your
supervisor; there is an on going investigation into allegations that you used a racial slur, while on
duty and that is was found to be offensive by your co-workers.
You are instructed to immediately refrain from questioning, confronting, interrogating or
otherwise discussing with any facility employee their knowledge of, or involvement with the
allegations made against you.
Failure to comply with the above directions is a violation of your expected Standards of Conduct
(HRPM, ER-4.I) which may result in disciplinary action ..
-_c-)
:
_
\c ..~:.--
~
_
Jason Ralph
Acknowledge
receipt:
Date:
_
Jeffrey Lewis, CPC CCR A TCT
F7-7547WS
Rcvd 10/31/07
FOlA NO. 2007-007547WS
PAGENO. 021
Federal Aviation
Administration
Memorandum
Date:
February 16,2007
From:
Operations Supervisor, CCR ATCT
To:
Jeffrey Lewis
Subject: Weingarten Meeting
This is notification that as a result of your refusal to answer questions and your inappropriate
conduct on February 13, 2007, in connection with allegations that you used a racially offensive
slur in the work place, Mr. Frank Ferrera, OM SFO ATCT has been assigned to complete your
interview.
You are instructed to report to Livermore ATCT on February 20, 2007 at 9 A.M. to be
interviewed regarding the identified allegations. If you did use the alleged term, in any context,
cease immediately, it is offensive and violates the agency's Model Work Environment standards.
You are directed to answers all questions in conjunctions with this investigation truthfully and
advised that refusal to do so may result in disciplinary action in accordance with HRPM,
ER-4.1
Patricia Hardy
Acknowledge receipt:
Date:
Jeffrey Lewis, CPC CCR
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 022
Federal Aviation
Administration
Memorandum
Date:
February 13,2007
From:
Operations Supervisor,
To:
Jeffrey Lewis,
Subject:
CCR ATCT
Record of Conversation
The purpose of this memorandum is to document our attempt to formally interview you regarding
allegations that you made racially derogatory remarks in the work area.
You were advised this was a formal investigation, no determination had been made, and this was
your opportunity to recount the alleged events and answer specific questions pertaining to the
incident. You were reminded of your representation entitlement and were accompanied by
FACREP, Bill Marks.
I asked if you had used any racial slurs in the facility during the weekend of January 20, 2007. You
advised you that you were not here to interview the
replied with several questions of your own.
process and restated it was your opportunity to give your side of the story. You then said you did
not make any racially derogatory remarks and the allegations contained in the Hotline Complaint
and witness statements were false and you wanted to know who made them.
I
You stated that you spoke with HR Representative, Gwen Marshall and was advised you were
entitled to a third party interview because you felt that your supervisors were bias against you and
could not conduct an impartial interview. The meeting was terminated due to your argumentative
nature and refusal to answer questions posed to you.
After consulting with Gwen Marshall, she contradicted your assertion of the guidance she gave you.
Nevertheless, a third party interview was arranged as follows: You are directed to report to
Livem10re Tower on February 20, 2007 at 1:00 PM to be interviewed by spa Support Manager,
Frank Ferrera. Vou are entitled to Union Representation, since this investigation may result in
disciplinary action. You are directed to answer all questions associated with the investigation.
Failure to fully cooperate during this process is a be a violation of ER-4.1 , STANDARDS OF
CONDUCT, 9.a., reference GIVING STATEMENTS AND/OR TESTIMONY to any supervisor or
DOT official.
'~~-----
~-----._~
Patricia Hardy
Acknowledge
F7-7547WS
Rcvd 10/31/07
receipt
FOIA NO. 2007-007547WS
_
Date:
..
_
PAGENO. 023
Federal Aviation
Administration
Memorandum
Date:
January 23, 2007
From:
Operations Supervisor, CCR ATCT
To:
Jeffrey Lewis, CPC CCR ATCT
Subject: Letter of Warning
This memorandum is to formally counsel you regarding your conduct on January 22, 2007.
While working Ground Control, using the briefing button, you recorded "I have requested sick
leave. I have been denied sick leave. I am basing my request on the problems I am having with
Ken Moyer."
Also, while coordinating with Travis Approach for the inbound on N930MG, you answered the
line and said, "I have a migraine so I may not be able to write this but, what do you got."
Seconds later, N932TE called from the East Ramp for departure and you again responded with
non-prescribed phraseology and transmitted on frequency "Calling Concord Grain, I have a
migraine so I didn't hear that, say again."
Your transmissions were unprofessional, reflected unfavorably on the facility, and were in
violation of FAA Order 7110.65, paragraph 2-4-5 to "Transmit only those messages necessary
for air traffic control or otherwise contributing to air safety. "
Your actions were deliberate and meant to gain relief from position and the approval of
previously denied leave, because you got into an argument with a coworker. I have previously
counseled you regarding this type of conduct and your required fitness for duty.
You are a partially rated controller still in training, who has not worked in the terminal option for
several years. Therefore, your constant criticism of coworkers who possess current experience
and expertise in the facility is unwelcome and adversely affects your training progress.
Finally, your conduct as described above is unacceptable, will not be tolerated and will result in
progressive disciplinary action, when appropriate.
. .Ii
t ~l/..,,<.u_
, ,',I
1!.
.I t..A..f' •
F7-7547WS
Rcvd J 0131/07
Patricia Hardy i
',/
Operations Supervisor
i\cknowledgereceipt:
FOIA NO. 2007-007547WS
~~/l'
~.
Date:
Z-{ 07
Je~iey Lkwis, CPC CCR ATCT
PAGENO. 024
Federal Aviation
Administration
Memorandum
Date:
November
18,2006
From:
Operations
Supervisor, CCR A TCT
To:
Jeffrey Lewis
Subject:
Record of Conversation
The purpose of this memorandum
is to record our conversation
on November
15, 2006.
On Wednesday, November 15,2006, you were working Flight Data/Clearance Delivery, FD/CD,
and monitoring Frequency 119.7 when you heard N5473T transmit on Local Control, that he was
possibly having a gear problem. Some words were exchanged between you and the Controllers
in the Cab reference the way thc situation was handled and you were relieved from position.
After I reviewed the tape and spoke with all parties concerned, we discussed your perception of
what occurred versus what the tape revealed. The Controller handled the situation appropriately
and the pilot departed the area by his own request. I advised you that we want you to bc a part of
the team and to have a successful training experience at CCR.
First of all, if you have any questions, you should bring them to my attention and I will keep the
A TM informed. At this time, you have worked less than 10 hours FD/CD since you were
certified on November 6, 2006. If you get behind working FD/CD it is expected that you advise
the Controller in Charge, CIe, and he will help lighten your load.
It is important that we remain calm and collected due to the safety related work we perform as
Air Traffic Controllers. It is not appropriate to constantly need to be relieved from position
because you may disagree with someone's point of view. If the CIC ask you to turn your
attention to focus on your assigned duties, you should follow instructions. It was brought to my
attention that when you were leaving the Tower Cab, after the above incident, you told the CIC
that you wanted to talk to him later. You were shaking your finger at him as you spoke and you
poked him in the chest. This behavior was an invasion of his personal space and comfort zone
and far too aggressive considering the circumstances.
In the future, keep in mind all of the above to avoid making a wrong impression.
i~/r
Acknowledge
F7-7547WS
Rcvd 10/31/07
receipt:
Date:
_
Jeffrey Lewis
FOIA NO. 2007-007547WS', ~
Ii
PAGENO. 025
NOTICE TO RESPONDENT
I have been notified by the FAA Supervisor of the following:
1. An allegation of misconduct
explained to me.
2. No determination
has been made against me, and the known specifics
of the validity of the allegations has been made.
3. The allegation will be investigated,
before any determination is made.
and I will have an opportunity
to give a statement
4. The FAA informed me that IF I have engaged in the alleged misconduct
immediately.
it must stop
5. I will be notified how the allegations will he investigated.
6. I will be notified of the outcome of the inquiry/investigation.
7. Any questions I have about the process should be directed to the HR Point of Contact
Gwen Marshall, telephone number 310-725-7824.
-
Respondent __
I
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Supervisor ~~~,~'-~_ (l-vlU~
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Date
2_,_(_·
__
.
(_/_·7
_
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F7-7547WS
Rcvd 10131/07
ForA NO. 2007-007547WS
PAGENO. 026
Federal Aviation
Administration
Memorandum
Date:
November
20, 2006
From:
Air Traffic Manager, CCR ATCT
To:
Jeffrey Lewis, CPC ATCT
Subject:
Request for Excused absence
Mr. Lewis,
Reference your letter dated November 20, 2006, requesting excused absence to make moving
arrangements. In accordance with the NA TCA I FAA Contract, Article 29. I am granting you
eleven hours of excused absence to complete your remaining move arrangements. This time is
in addition to the thirteen hours already used and totals twenty four hours for your change of
station.
Based on your described living arrangement of maintaining a residence locally and in Oregon. no
additional excused absence will be granted and any incurred travel cost as a result of your shift
being changed to meet staffing needs will be at your own expense.
/[,~\
~~~"-----
N. Jason Ralph
F7-7547WS
Rcvd 10/31107
FOIA NO. 2007-007547WS
PAGENO. 027
Date:
From:
To:
Subj:
Monday, November 20, 2006
Jeffrey Lewis, ATCS, CCR ATCT
Jason Ralph, ATM, CCR ATCT
Request for Excused Absence per Contract Article 29
Jason:
Patricia gave me a memo and needed me to "acknowledge receipt" for my
request last week for 16-hours excused absence. The memo advised you wanted
me to provide details.
Article 29 of the imposed contract says: "An employee making a change to a
permanent official post of duty shall be granted up to sixty-four (64) hours of
excused absence to make pre- and post-moving arrangements." I have made a
permanent change of duty station, from Oakland ARTCC to your facility, Concord
ATCT. Oakland ARTCC granted me 13-hours of excused absence, so the
contract allows you to grant me an additional 51-hours.
I have made plans to complete my move this week. I need to spend a
considerable amount of time packing my things in Fremont, moving those things
to Concord, packing a few things in Mulino and moving them to Concord, and
packing a few things in Fremont that will be moved to Mulino. The things I bring
to Concord need to be "moved in"; i.e., I need to set up my new place. And, as
part of the moving process I also have an obligation to clean up the Fremont
residence to a standard acceptable to the previous landlord.
Clearly, the spirit of Article 29 is to ensure employees will not be distracted in
their training by the added workload of relocating. I think you will agree we all
have many important details to attend to in our lives, especially with our families
and our work. I am sure that you recognize you do have the authority to grant the
excused absence I have requested as a token of support for the tasks I need to
do in my permanent relocation to your facility.
I have approximately 40-48 hours of work to do specific to my permanent
relocation. Please authorize the following twenty hours of excused absence:
• 4 hours, on Tuesday November 21 (second half of shift)
• 8 hours on Wednesday November 22
• 8 hours on Sunday November 26
Thank you.
Jeff
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 028
Federal Aviation
Administration
Memorandum
Date:
November 17, 2006
From:
Air Traffic Manager, CCR ATCT
To:
Jeffrey Lewis, CPC ATCT
Subject: Request for Excused absence
Me Lewis,
Reference your letter dated November 15, 2006, requesting excused absence to make moving
arrangements, in accordance with the NATCA / FAA Contract, Article 29, please provide
specific information or documentation for your intended use of the requested time.
I:-I",.~·~V-L'
N. Jason Ralph
rr:-tIt:1
J;'~
{ttA
k~
.£ k-lil fr"'/~
0+
~
Acknowledge Receipt
.•.
drCq~~
/J
7~-·
_
Date
Jeffrey Lewis, CPC
./
F7-7547WS
Rcvd 10/31/07
FOIA NO. 2007-007547WS
PAGENO. 029
Date:
From:
To:
Subj:
Wednesday, November 15, 2006
Jeffrey Lewis, ATCS, CCR ATCT
Jason Ralph, ATM, CCR ATCT
Request for Excused Absence per Contract Article 29
Jason:
I am hereby requesting sixteen (16) hours of excused absence to make pre- and
post-moving arrangements. I would like to show this excused absence as follows:
•
•
8 hours, on Tuesday November 21
8 hours on Sunday November 26
For your convenience, I have included below a copy of the language from the
Contract as imposed by FAA management on September 3,2006.
Thank you.
Jeff
NATCA Contract, Article 29, Section 5.
An employee making a change to a permanent official post of duty
shall be granted up to sixty-four (64) hours of excused absence to make pre- and
post-moving arrangements. Release for this time is based upon staffing
and workload. The Agency may require an employee to provide justification
that supports his/her request for excused absence. The granting of excused
absence shall be based on information provided by the employee. This Section
is not inclusive of any time provided for "house-hunting."
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Federal Aviation
Administration
====-====-===============-=. ==============.
Memorandum
Date:
October 30, 2006
From:
Air Traffic Manager, CCR ATCT
To
Jeffrey Lewis
Subject: Record of Conversation
This memorandum documents our conversation regarding your request to have your absence
during your shift today be charged against your "entitlement" of sixty four hours ofleave
associated with your reassignment to Concord Tower, effective October 15, 2006.
You were advised there is not an automatic entitlement to the allotted hours or guarantee that
Excused Absence will be approved, in any quantity, solely because of your change of station.
Your repeated request for excused absence is not justified beyond the thirteen hours already
granted to you by Oakland Center.
~--~-~-./{'-----.......)
Jason Ralph
Acknowledge receipt:
Date: /1-/
t:C
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Oct
12 06 07:20a
FAA
Hum
Resource
Mgmt
310
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Federal Aviation
Administration
Memorandum
Date: October 11,2006
From: Kiira Nelson, Personnel Management Specialist,A WP-14A
To: Jeffrey Lewis, Air Traffic Control Specialist, Oakland ARTCC
Prepared by: Kiira Nelson
Subject:
Orrer or Trails fer
Amended
Your manager has determined that you did not successfully complete the Air Traffic Control
Specialist (ATCS) training program at your facility. In accordance with Agency needs, and in
lieu of removal from the Agency, you are offered the position of:
Air Traffic Control Specialist, (CPC-In Training), AT-2152-FH
Duty Location: Concord Air Traffic Control Tower (A TCT)
Salary: $101,110 includes Locality Pay. Locality Pay is currently 28.68% (your basic salary
exceeds the top of the Air Traffic Specialized Pay Plan (ATSPP) hand maximum.
Therefore, your salary will be capped over the band maximum).
Your transfer effective date is October 15,2006. This pay setting is based on the Air Traffic
Specialized Pay Plan in effect on the dale of this memorandum. No relocation expenses will be
authorized, as this transfer is a result of you not successfully completing the ATCS training
program.
Your options are to accept this position offered or to decline the position offered.
the position offered, YOll will be removed from the Agency. Please indicate your
declination on the attachment and forward the sif:,'11edcopy to AWP-14A, no later
12,2006. For your convenience, you may FAX your response to (310) 725-6830,
14A.
,
If you decline
acceptance or
than October
ATTN: A WP-
If you have any queStions about this offer, please contact your facility manager.
\:
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.kiira Nelson
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Oct
12 06 07:20a
FAA
Hu'
~ Resource
Mgmt
310725
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Please indicate below your acceptance or declination and sign to show your understanding of
this offer. Return the original memo to A WP-14A. To expedite receipt of your response, you
may fax to (310) 725-6830.
___v
I voluntarily accept this job offer to Concord ATCT
_________
I decline this job offer to Concord ATCT
'~JL7:"/: L['7v If
Name (Print)
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(,_,
_
Date
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Federal Aviation
Administration
Memorandum
Date: September 20. 2006
From:
To:
Donna Fernandez.
"vll'.
TIIRl':
Subject:
Personnel
:v1anagel1lcnt Specialist. AN M- 14
Jeffrey N. Lewis. Air Tranic Control Specialist.
epc. Oakland /\RTCC
/\ir Tranic Manager. Oakland /\RTCC
Reassignment
OITer
Till: Air TratTic Manag.cr terminated your training at Oakland ARTCC. based 011 your unsuu:essful prog.ress In the
Air I"ranic COlltwl Specialists En Route Training Program. Human Resources Policy Manual H'v1P-I.I ..L
Employmenl Policy l~)r Air TmtTic Control Specialist in Tmining. paragraph S.b.3 .. allows that you may be retained
in the h:deral Avialion Administration and reassigned.
Your previous cerlilication as a Certified Professional Controller «('PC) supporls your retention and placement t\1 ~I
Im\(:r Ievcl !;l\:i1ity than Oakland ARTCC: therefore. you arc being oncred a CPC position, AT-2I 52-F1 L all\\ in
"alls r\lCI. Twin Falls. ID (TWF).
Should you au:cpl this assignl11ent. your pay will be set at $50.050 .. plus 12.52'Yo locality pay. If you accept thi~
l)lkr. .' pur rcponing date wi II be October 2. 2006. unless other arrangcrm:nts are made.
I his 111\)\e\\ill be at IllJ cost to the government.
If you have furtlll.T questions. please call me at (425) 227-202! or
\ ou ma.' cllntacl .Iill Siury. Sa It Lake City llU BAil' Traffic Manager. at (801) 325-9690. ,vith quesl ions n:gard ing
yuur nCII assignll1enl. II"your relocation causes a change in your health insurance provider or direci deposil
inl()rJnalion. YlHIcan LIse hnployee
E\.press to make Ihe necessary changes at h[lps:·'\\\\\\.'-·1I1pl\l),-·e,-·\prc:-,:-,.~\'\
SIl\llJld YllUdecline the position one-red. the administrative process to remove you fl\lll1 empl().\ llIent in the I:edcral
senice I\ill be initialed in accordance with F/\PM ER 4.1 and Article 10 ofthl: I'/\A/N;\TC,\ Culb:ti\e
Bargaining
Agreelllent
(03A).
(jood luck in yuur new assignment
Donna Fernandez
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--~-_._-._-------
Thursday, June 29, 2006
To: Tom Lane, ZOA Area GIH Ops Manager
From: Jeffrey Lewis, ZOA ATCS
Torn:
Last week, I asked Scott Conde (NATCA ZOA VP) to investigate why ZOA management
arbitrarily decided to remove me from the work schedule and not allow me to work the ATOP
sectors. Later that day he advised me that he had heard back from management and he
forwarded that their decision was based on a concern alleging my "erratic behavior" since the
Tokyo coordination OE last December. Scott also advised that it was Leigh Hall's decision
and that it was to protect me from having another OE that may discourage a tower manager
from wanting to select me. Initially, this sounded like a smokescreen (there is no "erratic
behavior" issue, period, and there will be no other OE's) but, on the other hand, I was happy
to at least hear an explanation for management's arbitrary decision. In the week since, though,
I have become concerned about the deeper ramifications of this action.
My concem is this: a critical decision is to be made about my career which may significantly
undermine the welfare of my family. This decision will determine where I end up
geographically (ideally in Portland, near my kids) and it will likely determine how much of a
financial hit we take in the event my pay is reduced. The decision will be made anonymously
by a person relying on either no information or recommendations from a few key facility
personnel such as you, or perhaps less accountably using "tips" from hislher network of
contacts. In any event, if this person is led to believe that I am handicapped with "erratic
behavior" issues, he/she will not fairly consider assigning me to busier facilities where I can
best serve the public and our agency but will instead try to pigeon-hole me into the slowest
tower available.
.I."
Bear in mind, I have hiked\.fhi.strai) before. In our conversation on June 12th I told you about
my blowing the whistle onsafety and fraud at Troutdale ATCT, years ago. It was a necessary
yet very difficult action that br~ught a series of ugly reprisals upon me. Coincidentally, it was
also an action consistent with our mission and the current "A TO Safety Culture" campaign.
Anyway, the end result of that story was that FAA management in the Northwest Mountain
Region arbitrarily limited my reassignment offer out of the Portland TRACON training
program. Despite the fact there were dozens of towers needing personnel at the time, I was
offered only San Diego Brown or Denver Jeffco ... and my FAA job has been separated from
my family home ever since, more than ten years. Yes, that was ten years ago. Yet, those
arbitrary decisions by FAA management continue to directly impactmy chosen career, and
my family, and it is entirely reasonable for me to expect some other anonymous FAA
manager may now repeat and even intensify that harm.
An incident yesterday touched a nerve on this matter. Brett Lehigh asked me to update some
Oceanic phone list spreadsheets. He had them on a floppy but had worked on a particular PC,
so to possibly save work I used that same Pc. When I checked the recent document list on the
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PC my eyes were immediately drawn to a file called "JlewisConduct6-27-06". I was stunned
with disbelief. I thought to open the file but honoring the privacy of its anonymous author
chose to ignore the fact I was its apparent subject. Instead, I decided to go talk to you.
However, while enroute I met Brad Bachman and after learning that his job was to assist you
and that you were in a meeting, I asked him to come look at the file. He did. We were not able
to read the file, but we ascertained the author: Eric Williamson. It was then that I realized Eric
probably recorded a note about phoning me (and waking me up) at 6:50AM because he
thought I was late for my non-operational shift (and he did not think it prudent to first confirm
my shift with Larry Clark, my supervisor). I commented to Brad how inefficient this was, and
the damage that is done in this type of toxic environment, as well as how this connects to my
decision to withdraw from training. When I suggested we need to move past this kind of
paranoia and just communicate, Brad twice firmly asserted that nowadays it is necessary for
supervisors to make records of their conversations.
We all understand that accountability is a BIG concern in today's FAA. Indeed, our present
objective seems to be to transition away from wasteful, unaccountable and arbitrary actions
toward efficient, accountable and meaningful actions. In this light, it perplexes me that while
ZOA management is taking significant actions such as arbitrarily denying me meaningful
work on the ATOP sectors WITH NO DOCUMENTATION, at the same time supervisors
like Eric Williamson are busily and secretely DOCUMENTING even insignificant
interactions with selected employees. Does this make sense to you?
Hey, Tom, r hope this letter doesn't feel like a tirade. It is not. Rather, it is an expression of a
serious concem about our work environment delivered with the hope that we can evolve to be
better. At any rate, I'm sure you (and others) can appreciate that I can do an awful lot more
for the FAA and the taxpaying public then update spreadsheets or end up at a sleepy tower
beyond commuting range from my kids just because I said NO to the DYSIM and ZOA Radar
and a pile ofbackpay money and a big raise. I have no idea who Leigh Hall is and, based on
what Scott Conde told me, she has even less an idea who I am ... yet is making big decisions
about me.
I understand that I am fully eligible to go to a wide range of towers (PDX, SEA, OAK, SFO
included), but I also understand that budgetary, contract-negotiation and agency structural
problems are delaying action on my reassignment. In the meantime, though, can help secure
approval for me to work ATOP at least a few hours per week to maintain currency and some
proficiency? And please let me know if there is anything (or nothing) I can do to ensure Leigh
or any other decision-maker knows the true value of this specific unit of humanity.
Sincerely,
Jeff Lewis
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'7te-
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I"
Thursday, June 08, 2006
To: Larry Clark, ZOA FLM
From: Jeffrey Lewis, ZOA ATCS
Larry,
Please accept this letter requesting to withdraw from the radar training program here at
Oakland ARTCe. I wish to resign from this training program for personal reasons.
As you are aware, I have served as an air traffic controller for nearly twenty years,
including certifications at four control towers in three western states. As such, I believe it
would best serve the agency if I was offered reassignment to a tower. Additionally, if it
would be helpful for staffing needs in Area H, I will gladly continue to perform ATOP
ATC duties during my career transitional period.
Also, Larry, thanks for the considerable support you have provided in my training
process. You care, and that means a lot in life.
Sincerely,
.j,/' /' .rl
;f;~!/"----------....
./tY
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Jeff Lewis
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~-~----~~~~~~~~~-~~~-~~
JECT: R35 Trainin
Jeff stated that he was withdrawing from the radar training program as he had decided he
does not want to be a radar controller. He also stated that he was comfortable working
the oceanic positions in Area H.
Jeff also stated that he desired to remain as an air traffic controller within the FAA and
would desire to either continue to work the ocean positions in Area H or be assigned to a
tower.
CONCLUSION, ACTION TAKEN, OR REQUIRED
cc: ATCS
Jeff./ L.>,wis
ZOA-IO
ZOA-17
ZOA-3GIH
DATE:
6/8/06
SIGNA TURE: R. Larry Clark
~A" .'~ ~~:L:-(~_.L:·~-c-.~
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FOIA NO. 2007-007547WS
PAGE NO. 038
--
Federal Aviation
Administration
Oakland Air Route Traffic Control Center
5125 Central Avenue
Fremont, CA 94536
Memorandum
Date:
March 22, 2006
To:
Mr. Jeffrey Lewis
~-t:4)r~-
From:
Steven Nauss, Support Manager, Training
Prepared by:
Peter Marcuzzo, 510-745-3474
Subject:
Unsatisfactory Performance and Skill Enhancement Training
Your performance in the DYSIM phase of your Stage III classroom training is unsatisfactory.
You failed the second evaluation problem (Evaluation Problem Two) in your Stage 111DYSIM
training. Your instructor has documented a lack of abilities in the areas of phraseology and
scannmg.
I am assigning you the following skill enhancement training.
I. The following CHI's:
•
SS38, Phraseology
•
57917, Radar Controller Scan
•
SS7, Scanning techniques
2. 4 hours of classroom study to complete the above CHIs and review of the associated
FAAO 71 10.65 references.
At the end of the above skill enhancement training, a verbal assessment of your knowledge on
the above CBI's and review items will be administered by a WCG instructor. Successful
accomplishment of the verbal assessment will be required for you to continue with the DYSIM
portion of your skill enhancement training.
3.
Three skill enhancement DYSIM problems.
After completing the above skill enhancement training, you must successfully pass a retake of
Evaluation Problem Two of the Stage III DYSIM curriculum in order to continue in your Stage
111training.
Unsuccessful accomplishment of the above will result in your suspension of training and
processing in accordance with current FAPM directives.
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--
/
If you have any questions,
hesitate to ask.
/I
~/j~
Receipt A:cknowledgcd
or if there is any other way we can provide assistance,
please do not
Date
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Federal Aviation
Administration
Oakland Air Route Traffic Control Center
5125 Central Avenue
Fremont, CA 94536
Memorandum
Date:
March 10, 2006
To:
M r. Jeffrey Lewis
e5~ Z~~/
From:
..
/0<- Steven Nauss, Support Manager, Trammg
O'
Prepared by:
Peter Marcuzzo, 510-745-3474
Subject:
Unsatisfactory
Performance
and Skill Enhancement
Training
Your performance in the DYSIM phase of your Stage IV laboratory training is unsatisfactory. You failed
the first evaluation (evaluation problem one) in your Stage IV DYSIM training. Your instructors have
documented a lack of abilities in the areas of scanning, phraseology (particularly with regards to issuance
of traffic advisories) and knowledge of military flight break-ups.
I am assigning you the following skill enhancement training.
I. The f()lIowing CHI's:
•
57917, Radar Controller Scanning
•
SS7, Scanning Techniques
•
57072, Military Flight Break-up
•
SS38, Phraseology
2. Two hours of classroom study to review above topics and FAAO 7110.65 references.
3. Three DYSIM skill enhancement problems.
After completing the above skill enhancement training, you must successfully pass a retake of Evaluation
Problem One of the Stage IV DYSLM curriculum in order to continue in your Stage IV training.
Unsuccessful accomplishment of the above will result in your suspension of training and processing in
accordance with current FAPM directives.
If you have any questions, or if there is any other way we can provide assistance, please do not hesitate to
ask.
~#f~'
Receipt Ac
J -/0
ow1edged
FOIA NO. 2007-007547WS
Date
-p£ __
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Federal Aviation
Administration
Oakland Air Route Traffic Control Center
5125 Central Avenue
Fremont, CA 94536
Memorandum
Date:
December 19,2005
From:
R. Larry Clark SATCS, ZOA-G/H.7
To:
ATCS Jeff Lewis
Subject: Release from Operational Duty
Pending further investigation of the incident you were involved in on December 19.2005 and in
accordance with procedures contained in the Facility Operations Handbook, you are herewith
released from operational duties on all Ocean21 control positions. You may work the Error
Queue, A-side and D-sides of which you are certified.
This release is not to be considered as disciplinary or punitive in any way, but is to allow you the
opportunity to participate in the investigation of the incident. You will be informed of any
subsequent actions in this matter in writing.
R. Larry Clark
Operations Supervisor
cc:
ZOA-IO
ZOA-17
V
ZOA-50S
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Memorandum
U.S. Department
of Transportation
Federal Aviation
Administration
Subject:
From:
To:
ACTION: Request for Records
Air Traffic Manager, Oakland ARTCC
nT'
Date:
Reply to
Attn of:
.,..'
LO'Dell:x3464
Deputy Manager, Human Resource Management, AWP-10.1
ATTN: Employee Records, AWP-14C
Attached is a request from Air Traffic Control Specialist Jeffrey N, Lewis, S /c€:.tPJtcI--z:})
following records:
•
Official Personnel Folder (OPF/EPF)
•
•
Training Folder
Medical File
f~~~he
Please forward the above records to Linda O'Dell, Personnel Clerk, ZOA-10.a.
~~
FR.
Randall Park
Attachment
cc:
ZOA-10
I have received a copy of my (OPF/EPF).
t/ {. (:;
Date
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,/
NA TlONAL AIR TRAFFIC CONTROLLERS ASSOCIA TlON, AFL-CIO
OAKLAND ARTCC LOCAL
I'
5125 CENTRAL AVENUE
FREMONT, CALIFORNIA 94536
PHONE (510) 745-3858 FAX (510) 792-3229
Monday, February 14, 2005
Randy Park
Air Traffic Manager
5125 Central Ave.
Fremont, CA 94536
Re: Request for Records
Dear Randy,
In accordance with Article 22, Section 3 of the parties' collective bargaining agreement, please forward
to me a true and certified copy of my OPF/EPF and Training Folder to include all information provided
on required physicals. Please also provide a copy of my Personnel Actions History. Delivery of this
data should be within 30 days of this request. If for some reason the requested data cannot be delivered
within 30 days of this request, please notify me formally of the reason for the delay and when this
requested data will be delivered.
Further, in accordance with Article 22, Section 3 of the parties' collective bargaining agreement, I
request duty time for me and my Union Representative, Jeffrey Tilley, to examine my OPF/EPF and
Training Folder.
Lastly, I authorize my Union Representative, Jeffrey Tilley, to examine and copy all of my SF-50's
along with any other documents contained therein that states my (EOD) Enter on Duty date, (SCD)
Service Computation Date and any other documents that reveal my Employment History.
Sincerely,
A~~J
0
Le
(name)
C +..{:d
u-J I~
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