tel. (.503) 'llO-1515

Friday, May 30,2008

Mr. Glen Rotella, AWP-16Federal Aviation Administration15000 Aviation Boulevard, Room 2011lawndale, CA 90261

Mr. Rotella,

As a follow-up to our phone conversation yesterday, please accept this letter asmy request to elevate my grievance (NC-08-79364-CCR) to Step Two. I amsubmitting this in accordance with the June 5, 2006 Contract between NATCAand FAA (please see pages 22--23, Article 9, Section 7). As we discussed, Iunderst.and you will promptly forward this to the appropriate FAA official in AirTraffic Management.

i have identified a small error in the original grievance (submitted May 1, 2008)which I ask you to correct. The Annual Lea.ve restoration I seek should be 134hours, not the 132 hours I first submitted.

Thanks again for your assistance.

Sincerely,

Jeff Lewis

tel. (503) 710-1515

Friday, May 30, 2008

Mr. Glen Rotella, AWP-16Federal Aviation Administration15000 Aviation Boulevard, Room 2017Lawndale, CA 90261

Mr. Rotella,

As a follow-up to our phone conversation yesterday, please accept this letter asmy request to elevate my grievance (NC-08-79364-CCR) to Step Two. I amsubmitting this in accordance with the June 5, 2006 Contract between NATCAand FAA (please see pages 22-23, Article 9, Section 7). As we discussed, Iunderstand you will promptly forward this to the appropriate FAA official in AirTraffic Management.

I have identified a small error in the original grievance (submitted May 1,2008)which I ask you to correct. The Annual Leave restoration I seek should be 134hours, not the 132 hours I first submitted.

Thanks again for your assistance.

Sincerely,. /

Andy Richards 05/07/200802:42 PM

Re: Lewis ULP settlementGlen A RotellaAWP-010, Human Resource Management Office

·"~."·"'-'"'·'·'''''h.,'7. __ =,,''''-·'·_;·''._'~__ ' • ,_, , .. _._" •.,"'__ ._.,"",..."'"."._~,,.~ __== •..~~._.".••~,_"'.·_.•."."'._,~_~_"=,_·_".,'""·"~."m~.'.," __.'_"_'

This message has been replied to and forwarded.

Andy- His original grievance states that the 72 hours was on his leave and earning statement for pay period10,5/8/2007.

As for the response to the grievance--- His main issue seems to be that he was ordered to take a medicalevaluation, under the threat of discipline, and the FAA should pay for it under article 66. I have been told thathe was not ordered to get a medical evaluation but did so on his own. I have not seen any medicaldocumentation ordering his evaluation. Therefore, he would not qualify for reimbursement However, hepoints to several letters from Jason, which I have not seen, that orders the required exam. A review of thesedocuments and accounts from Jason should be done in order for a proper response to be put together.Let me know if you need me to get any information.

FYI - I made no promise as to how this grievance would be responded to in doing the settlement Therefore, ifthe grievance has no merit just deny it If you find merit we should fix it This grievance should not interferewith any other action you are planning with this employee such as returning him to work or subjecting him toany discipline.

Glen RotellaAWP-16

Andy Richards/ AWP /F AA

. i, Andy Richards/ AWP/FAATWM-SFO,San Francisco ATCT,CA

05/07/200801:40 PM

To GlenARotella/AWP/FAA@FAA

cc

Subject Re: Lewis ULPsettlementL]

Glen - do you know what were the dates were? I can fix the T and A's.

How should I respond to the grievance? Andy

Andy RichardsDistrict Manager - San Francisco ATCT DistrictSan Francisco International AirportTerminal 2, Room 630San Francisco, CA 94128650876-2883 ext 109 cell 650826-0158

Glen A Rotella/ AWP /F AA

Glen A Rotella/ AWP/F AAAWP-010, Human ResourceManagement Office

To Andy Richards/AWP/FAA@FAA,Jason Ralph/AWP/FAA@FAA,Patricia Hardy/AWP/FAA@FAA

cc

Fll-0319WSRcvd 4/25111

278

05/07/200801:33 PMSubject Lewis ULPsettlement

Attached is the settlement of the ULP filed by Jeff Lewis. The agency is responsible for 3 items. We need torestore 72 hours of sick leave. Can that be accomplished at the facility or do I need to work that here? Item 2 isa letter from Andy which has already been done. The third item is a grievance processing. I have also attachedthe grievance received from Mr. Lewis. It has 2 letters attached. It has already been given a GETS number.Please have a step one response drafted by the facility and send to me for review As for meeting with theemployee I believe we should have enough information for a response but if not let me know and I will workout details for a meeting.

2008-05-07 _12-44-09[2].pdf 2008-05-07_12-44-44[1 I.pdf

If you have any questions give me a call.

Glen RotellaAWP-16310-725-7808

Fll-03l9WSRcvd 4/25/11

279

Settlement Agreement

This agreement is entered into by NIl'. Jeffrey Lewis, Air Traffic Controllerat Concord Tower, and the Federal Aviation Administration (FAA). Thisagreement is intended to settle grievance number (NC) 07-63982-CCR andthereby withdraw Unfair Labor Charge (ULP) number SF-CA-08-0087.

The parties agree to the foIlmving actions:I) The Agency (FAA) will restore seventy-two (72) hours of sick leave

~o 1\/1' lef'+;·c" T e·\";,, Ie"'"'' b",la'I''''e1 1 '.I •• J 1tl 'J'-' .y 10 1 U Y'-' Ul' 1'-'.

2) SFO Hub Manager Andy Richards, \vill issueMr. Jeffrey I,ev/is aletter explaining his CUlTentemployment status with regards to hisadministrative leave.

3) Mr. Jeffrey Le\vis shall have t\venty (20) calendar days, from thesigning of this agreement, to tile a new grievance concerning otherleave issues, payment of Medical examination and other issuesinvolved in the Medical examination, that occurred while employed atConcord Tower (CCR). The time frame for the issues raised is fi'omfvIay 2007 to date of this agreement. The Agency agrees not to raise atimeliness issue if filed within this time period.

4) Mr. Jeffrey Lewis will withdraw Unfair Labor Charge (ULP), numberSF-CA-08-0087, upon signing this agreement.

5) [VIr.Jeffrey Lewis will consider grievance number (NC) 07-63982­CCR as resolved with the restoration of seventy-two (72) hours ofsick leave.

This agreement constitutes the complete understanding between the partiesand no other promises or agreements shall be binding unless signed by allthe parties. This agreement shall not set any precedent and does notconstitute an admission by any party of any violation of any federal law,rule, or regulation.By entering and signing this agreement the parties consider the mattersraised in grievance number (NC)-07-63982-CCR and unHlir labor chargenumber SF-CA-08-0087 resolved. The parties retain all rights granted tothem by lavv, rule, regulation, anel/or contTact.

C 6'-1-0% d;1k1? ttJiQc,-.Jeffr y Lewis (date) Glen Rotella *K (date)

Cc: Hamid Ohafrar! NATCA RVP

Pamela Richards FLRA FIl-0319WSRcvd 4/25/1 1

280

)Jc - 0'3- 773C,'I- cefCOatas~::~February 16, 2007 through August 30,2007

Date Submitmd:

Name ofGrievant:

Name of NATCAReprnsentativtl:

Issue{S)JSubject:

Statement ofFacts:

May 1,2008(NOTE: FAA has .agreed to waive the timeliness issue, in an agreement signed by Glen Rotella,AWP Labor Relations)

Jeffrey N. Lewis, ATCS,.CCR ATCT

Filed by grievant; no NATCA Representative.

Evidence collected in the past year indicates Jason Ralph, ATM CCRATCT, violated the NATCA Contract by forcing me to obtain a MedicalEvaluation at personal expense, then forcing me to involuntarily bum allmy sick leave and annual leave, and eventually forcing me to lose pay inan lV\JOP pay status. In an attempt to validate these actions, Air Trafficmanagement communicated with the Aerospace Medicine office, whichresulted in my being declared medically disqualified (without evaluation)and caused one flight surgeon to draft a defamatory memo and insert itinto my FAA medical file. Lastly. FAA management has greatly amplifiedthe stress and uncertainty of my situation by routinely obstructingcommunications and ignoring my repeated requests for information.

• On 2/1612007, in a telephone call from Jason Ralph, I was effectively locked outfrom my ATe workplace. Jason told me to not come to the tower and to not evencall the tower; more specifically, he stated 1must not make harassing calls to thetower. As I have never made harassing calls to anyone, I asked him to explain;Jason refused to explain.

• On 212012007,after numerous calls to clarify my pay status, I finally reached theacting SFO Tower Hub manager (Ferrera), and he advised I was in a paidadministrative leave status.

• On 2/2612007, I received my first letter from Jason Ralph. In this letter, dated211612007, I was advised that I was medically incapacitated and placed onadministrative leave, and directed to not report to duty. Receiving thisinfonnation from Jason (and not from the Regional Flight Surgeon), I reasonablyassumed Jason himself had declared me "incapacitatedft• Additionally, Jasondirected me to mail in my FAA badge and key, which I promptly did.

• My second letter from Jason Ralph was received on 311912007. In this letter,Jason directed me to submit "required medical documentation" and declared thatmy" ... failure to provide ... may result in disciplinary Bction. •.The letter did notclearly explain what specific medical documentation was required, so I had toresearch. I made numerous phone calls and, eventually, on 3/22/2007, I learnedfrom Dick Fassler (Regional Office, Employee Relations) that a DSM-IV 5-axisevaluation was required. I also learned from Dick Fassler that Jason had Initiateda teleconference on 211612007in which his statements led Dr. Goodman

'R~iQna\ FlightSurgeon} to dedare me medically inCOfadtatect. Dr Goodman

F11-0319WSRcvd 4/25/11

May I, 2008, Grievance, page I

281

did not support his action with any evaluative effort, not even a simple phone callto me to investigate Jason's allegations.

• In compliance with Jason's directive, 1scheduled an appointment for 4/26/2001,the earliest available date. My appointment was set with Dr. Douglas Haldeman,a PhD psychologist in Seattle who has done psychological evaluations for theFAA for approximately twenty years. t chose Dr. Haldeman because I knew hewas well-regarded by the FAA; in fact, the FAA had chosen him to evaluate mein April 1991, in reprisal to my speaking up about safety and fraud issues at myfirst ATC facility. For the record, the 1991 evaluation confirmed my mentalfitness and identified problems systemic to that ATC facility (the managerreferred to himself as a warden and our workplace as a jail cell), fOf which FMmanagement was encouraged to involve an organizational developmentspecialist

o Between 3/2212001 and 4/512001, 1made several phone calls to the RegionalFlight Surgeon's office and to the medical branch office at Oakland Center. I leftmessages with Dr. Goodman and Dr. Roberts, but they never called back. Imade numerous requests to talk with the doctors, but eventually was told bymedical office staff (both Sandi Poland and Mary Williams) that they had beenadvised to not answer my questions and instead refer me to "lR".

• In a phone calli made to the Regional Flight Surgeon on 3/21/2001, MaryWilliams confirmed that my evaluation appointment would be at my ownexpense; this contradicts the Contract between NATCA and FAA..

• Contrary to the contract, the Regional Flight Surgeon did not provide me withany required written notification until my permanent medical disqualification wasreceived on 612912001, 133-days after the temporary medical disqualification(incapacitation) was imposed.

•• On 4124/2001, I received my third letter from Jason Ralph, an attachment to anemait advising that a week earlier I had been removed from Administrativeleave "... because you are medically incapacitated and have failed to providerequired medical documentation ...••.Jason further requested me to advise whichform of leave I would like to be charged. I sent an email reply to Jason on4/2712007, after my evaluation. In my reply, I explained the necessary delay inobtaining the required evaluation, and requested he continue administrativeleave. He did not even acknowledge my request; weeks later, Ileamedl hadbeen charged sick leave when I saw my paystub.

•• On 4/26/2007, I had my evaluation With Dr. Haldeman. This evaluation includedan MMPI test, which revealed abnormally high scores for mistrust and paranoia.not surprising. given the work situation I was enduring. Nonetheless, to validateor otherwise explain these scores, and as part of his standard procedure forcompleting the evaluation report, Dr. Haldeman called Jason Ralph and Dr.Goodman to discuss my alleged behavior; inexplicably, they refused to talk, justas they had refused to provide me with any documents detailing their concerns.This refusal put Dr. Haldeman in a difficult spot On the one hand, he had aprofessional obligation to produce a report that would evaluate and possiblydiagnose a patient who came to him; on the other hand, he was not given anyevidence to support a "presenting concern" that would justify a diagnosis. GiVenthis untenable situation, I believe Dr. Haldeman did what most medical doctorsare trained to do: he tried to help. He exercised his authority and assigned anon-specific diagnosis, hoping it would help resolve the situation; he latersuspended his diagnosis, for lack of supporting documentation.

May I, 2008. Grievance, page 2

Fll-0319WSRcvd 4/25111

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AllegedContractualProvlslon{s)Violated {not

meant to be Bitinclusive}:

<> On 61612007, Or. Haldeman's report was received by the Regional FlightSurgeon. On 61712007, an internal memo between Ors. Goodman and Robertswas produced. in which the author opined that I had a seventeen-year history ofabusive and inappropriate behavior, and thus should be retired ... notaccommodated Into non-ATe work. just permanently, medically disqualified andretired on a disability. t first learned of this memo on 712412007. when I receiveda copy of my ~entire medical file" from the Regional Flight Surgeon. The memoalone was shocking. but the bigger puZ2le was that there was absolutelyNOTHING in my file to support it, not in twenty years and more than two hundredpages of medical documentation. So, where did this come from?

•• Through the summer months, I spent much time trying to convince the RegionalFlight Surgeon to abandon their decision to permanently disqualify me. andtrying to obtain any documentation to explain why I was being medically retired.In general, I was getting nowhere. My correspondence was routinely ignored(e.g., the San Francisco Hub manager, Dennis Sullivan, answered none of mythree letters requesting the status of the Level Two grievance his office hadreceived on 71212007).

<> In summary, I believe that Jason Ralph abused his authority as the manager ofCCR ATCT with the intent to harm me. Other FAA managers blindly aided himwhen they accepted his allegations as fact. The actions taken were extremelyhostile. As a result of Jason's allegations, I lost my medical clearance, I waslocked out from work (and remain so, nearly fifteen months later), iwascompelled to spend thousands of dollars on medical evaluations, I involuntarilyburned all my leave, and I lost thousands of dollars in pay. My family and I havealso endured more than a year of stress and anxiety, not knowing what washappening or if I was even being paid anymore. All of this needs to be fixed.

FAA Management has violated the following provisions of the 2006imposed Contract between NATCAand FAA:

• Article 66: Medical Qualifications

This Article clearly defines the requirement to establish and uniformlyapply ATC medical standards nationwide. It further obligates theRegional Flight Surgeon to make responsible and supported medicaldecisions, communicate those decisions in writing, pay for furthermedical evaluations as required. and ensure required ATC evaluationsare conducted on duty time with reimbursement for various expenses. Inthis particular case, the extent of FAA's failure is astounding.

• Article 10; Disci pi/nary I Adverse Actions

This Article covers suspensions and reductions in pay and specifiescommunications procedures required by Air Traffic management In thiscase, it appears that Air Traffic management chose simply to notofficially declare any -actions". and thus waived their responsibility tocomply with notification procedures. The effect was punitive and painful,as it teft me uncertain of what management was doing, and denied meany effective recourse.

• Article 22: Employee Records

This Article defines reasonable standards for employee records,

eff€ctiveIJ to ert>ure the. recorqs are valid and correct. CQn;;~st.ent with

FI1-0319WSRcvd 4/25/11

May I, 200S, Grievance, page 3

283

Remedy Sought:

Whether or Not aMeeting ls

Requested:

this Article. I made numerous FOIA requests but was provided with norecords that supported Jason Ralph's actions against me. If the recordsexist, FAA's violation of FOlA and refusal to provide copies has deniedme my contractual right to add a statement of disagreement to my files.More likely, if the records do not exist, FAA management has allowedJason Ralph to initiate serious and damaging actions against me whiledenying me a reasonable right to timely recourse.

I am requesting that FAA management take the folfowing actions:

# Reimburse all costs associated with the April 2007 Psychological Evaluation thatJason Ralph required me to obtain, under threat of disciplinary action. A fullreimbursement would include $195.90 for the 404 miles driven, compensation atthe appropriate rate for 1.5 days of Meals and Incidental Expenses (M&IE),$8.00 for parking, and $1.645 forttle doctor's fees.

•• Restore all leave that t was forced to involuntarily bum. Pay records indicate acomplete restoration would include 132:00 hours of annual leave, 546:00 hoursof sick leave, and 3:30 hours credit hours earned.

•• Compensate for the improper charge of leave Without Pay (lWOP) last August.Pay records indicate this would require payment of 101:00 hours of regular pay.

•• Reimburse an costs associated with my annual physical (10/3012007) and myfollow-up evaluation with Dr. Haldeman (December 2007). FAA was billed themedical costs, but my travel expenses have not yet been reimbursed. Isubmitted a request on 12/1912007 for the following: $33.95 {70 miles round-tripto my annual physical, in Vancouver), $195.90 (404 miles round-trip to Seattle),$13 (parking!n Seattle), and an unknown amount to compensate at theappropriate rate for 1.5 days of M&IE

• Direct both Jason Ralph and Patricia Hardy (ATC supervisor, CCR ATCT) tosend me copies of all their notes regarding my alleged behavior, or, if theybelieve they have already sent me all notes in response to my FOIA requests, aletter so stating. My request includes all notes, including so-called "personalnotesn, that would indicate specific concems that Jason and/or Patricia sharedwith other FAA officials, including the Regional Right Surgeon.

• Direct the Regional Flight Surgeon to send me a letter explaining the historybehind the June 7, 2007 defamatory memo added to my medical file.Specifically, I request that this letter clearly identify both the author and recipientof this memo, explain the history of correspondence and phone calls thatpreceded it (who made what allegations, on what dates), and explain why thisdefamatory memo was drafted and placed into my medical file.

• Put an end to the absurdity of fifteen-plus months of mostly-paid non-work, anembarrassment to the FAA and an insult to the public we serve. Fully close thismatter, as Congress and the general public would expect, by establishing atimeline to put me back to work in an appropriate non-ATC job ... perhapsconducting ATC-related evaluation and quality assurance work.

If necessary to produce a full remedy, I request a meeting with JasonRalph or another FAA manager from outside CCR ATCT.

FlI-0319WSRcvd 4/25/1 1

May /, 2008, Grievance. page 4

284

ANNUAL LEAVE:

e [ started 2007 with 11:45 hours (eleven hours and forty-five minutes).

•• At the time I was locked out by Jason Ralph (2116), I had used 21:45 hours ofannual leave.

III For the year, I was to earn 208:00 hOUfS.

e Therefore, at the end of the 2007 pay year, my Annual Leave balance shouldhave been (11 :45 plus 208:00) minus 21 :45, equals 198:00 hours. However, mylast paystub for 2007 (Pay Period 27) shows a balance of 64:00 hours of annualleave. The difference needs to be restored.

o Annual Leave Restoration •.. 132:00 bours.

SICK LEAVE:

•• I started 2007 with 481 :30 hours.

e Before my last day at CCR ATCT (2116), 1had used zero hOUISof sick leave.

• On 2/16, I drove to work for a meeting with Jason Ralph and Bill Marks and wasto then work in the tower. However, at the end of our meeting I requested andwas granted sick leave. Therefore, I used 7:30 hours of sick leave that day.

• For the year, I was to earn 104:00 hours.

• Therefore, at the end oftlle 2007 pay year, my Sick Leave balance should havebeen (481 :30 plus 104:00) minus 7:30, equals 578:00 bours. However, my lastpaystub for 2007 (Pay Period 27) shows a balance of32:00 hours of annualleave. The difference needs to be restored. If 72:00 bours have been previouslysettled for Grievance (NC) 07-63982-CCR, then this amount should be reduced.

• Sick Leave Restoration •••546:00 hours.

CREDIT HOURS:

• At the time I was locked out by Jason Ralph (2/16),1 had 3:30 hours of credithours earned.

• Credit Hours Restoration •••3:30 hours.

LWOP:

• I was first charged Leave without Pay in Pay Period 18; my paystub for that PayPeriod showed 37:00 hours. I was also charged LWOP in Pay Periods 19 through21.

6' In Pay Period 23, many of my LWOP hours were restored. However, 101:00hours were never restored, as reflected in subsequent paystubs.

• LWOP to be converted and paid ••• 101:00 bours.

F11-0319WSRcvd 4/25/11

285

emai~ I sent to Jason, 4/27/2007, after my eva1.uation by Dr. Ha1.deman:~'""

Jason,

I received your 4/17/2007 letter which you emailed to me as an attact~ent on4/24/2007 at 2:39PM. I understand you have also sent me a certified letter,which I was unable to receive yesterday at the Pleasanton mailing address Ihave on file. I expect to collect this certified letter next Monday.

I am presently in Seattle. yesterday, I spent six hours with a PhDpsychologist doing a DSM-IV 5-axis evaluation, as directed by you and DickFossier. Please consult the 4/2/2007 memo I faxed to you vlhich details theappointments I had arranged to comply with your directions. Please note,too, yesterday was the earliest I could obtain this required evaluation, andthe doctor will still need 1-2 more weeks to consult with you and Dr.Roberts and prepare a written report.

As for the issue of my leave status in your recent letter, I have a request.I request that you continue me in a paid administrative leave status untilthe Regional Flight Surgeon obtains what they need to validate my medicalfitness. At present, the Regional Flight Surgeon has not made a definitivefinding about my medical fitness; rather, they are merely agreeing tosupport your desire to treat me as "incapacitated" until an evaluativereport is completed and reviewed. The Regional Flight Surgeon has agreed tothis based primarily on your telecon presentation to them on 2/16J2007 inwhich you falsely alleged my "condition" as a dangerous racistlunatic ..•which you know, I am not.

I respect that you are the manager of Concord ATCT and therefore you havethe authority and responsibility to consult with the Regional Flight Surgeonabout my fitness to do ATe work. However, this authority does not confer toyou the right to make false allegations about my "condition". This is whatyou have done, in a manner that continues to damage me. As such, it wouldnot be appropriate for me to be compelled to use my sick leave to cover yourarbitrary and hostile management actions.

Please expect a more detailed letter from me next week, after I collect thecertified letter in Pleasanton.

Jeff

emai~ sent: by Jason, 4/24/2007 €! 2: 32PM; at:t:ached ~etter wasdat:ed 4/17 ...

--- Jason.Ralph@faa.gov wrote:

> Jeff,>

> Please review the attached letter regarding your

> leave status and advise

> me of your request, as instructed.>

> Jason RalphFll-0319WSRcvd 4/25/11

286

lei. (503) 710-1515

Monday, June 11, 2007~

Jason Ralph. ATMConcord FAAATCT201 John Glenn DriveConcord, CA 945.20

Mr. Ralph:

On Saturday I received and reviewed a copy of the psychological evaluation report yourequired. Frankly, I am disappointed that you declined to speak: with Dr. Haldeman asyour doing so would have helped us to resolve this matter.

In more than twenty years as an FAAair traffic controller, I have worked at sevendifferent ATe facilities. I have learned that one of the key requirements for a healthy andeffective work organization is that the facility manager must ensure fully opencommunications. You have refused to do this; rather, you seem intent on selectivelycontrolling communications. Thus, while you have never replied to any of mycorrespondence and have refused all of my past attempts to open a dialogue. youappear to communicate freely (albeit inaccurately) with others in FAA management. In aparticularly damaging example of this selective communication, in the telecon youinitiated on 16 February, you apparently made slanderous allegations to the RegionalFlight Surgeon and others, which precipitated our present situation.

As a more general problem, your management communications style has created ahostile work environment in which under worked ATC personnel alleviate theirboredom by attacking the characters of selected co-workers. When I arrived at yourfacility last October I was stunned by the intensity with which nearly all the controllerstried 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 AndyPapageorge during a process to compel him toward an early retirement. True to myindependent character, I refused to flatly accept any of these perspectives but insteadchose to let time help me draw my own conclusions. I want to emphasize here that, in allhonesty and given the closed communications at your facility, I do not know if AndyPapageorge deserved the discipline you dealt him, but I do know that no FAA employeedeserves to be the subject of a defamation campaign. For the record, I haveincreasingly come to realize that the hostile work environment pattern you wronglycondoned against Andy Papageorge has since been redirected at me. This needs toend.

FII-0319WSRcvd 4/25111

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, Letter to Jason Ralph, page 2 of 3

In your letter to me dated 12 March, you stated: SSj very concerned about your physicaland emotional well-being (sic)". I genuinely have this concern but, even more, 1ambaffled about how you, as an FAAmanager, are demonstrating the falseness of yourstated concern, and what you have been doing in this matter. You effectively locked meout of my workplace on 16 February. You placed me under a gag order to notcommunicate with any of my coworkers. You directed me to submit to an AccountabilityBoard interview by an outside investigator, yet you have failed to provide me with anyperiodic feedback, and you even disregarded advice you received from the HR POC atthe Regional Office (Gwen Marshall) to provide feedback. You required me to obtain anexpensive psychological evaluation, yet you refused to discuss your concerns with thePhD psychologist when he called you. You refused my repealed requests to discuss andclarify your concerns about my alleged behavior. You wrongly placed me on sick leave,against my will, based on an alleged Ucondition" for which no medical evaluation hadbeen conducted. You did so many things for which I am bamed, as any reasonable andsane person should be. If your conduct is representative of accepted FAA managementpractice, it is an outrageous public disservice and we (the FAA,yes, you and 1)are sadlyneeding reform. Again, this needs to end.

In order that I may fully and accurately comprehend my present work situation and thebasis for the perplexing actions you have taken, I request you send the following to myhome address in Oregon:

o 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 anddirects me to "LR"?

o why have you not given me any periodic feedback on the AccountabilityBoard process, per FAA Order 1lIO.126Apara. 16g?

o what do you envision doing once you have exhausted my sick leave, andwhere are you going with your actions? (please understand, theuncertainty you have placed me under these past four months has beenquite stressful)

• Second, copies of all notes you and Patricia Hardy (CCR ATCT supervisor) havecreated regarding my alleged behavior, especially Ms. Hardy's notes from thefirst interview/discussion she had with me regarding the alleged use of a racialslur (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 youwrongly accused him of becoming loud and angry during vacuuming

• and, a copy of the Accountability Board Report of Investigation for which I wasinterviewed by James Austen, Special Agent, on 23 March

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. Letter /0 Jason Rniph. page 3 of 3

• and lastly. copies of all disclosable notes and investigative summary reportsrelated to the 7 February anonymous complaint filed with the FAAAdministrator'sHotline

As you have compelled me to involuntarily burn my limited sick leave (which problemstill needs to be corrected), I request these documents as soon as possible. If you areunable to provide them by 25 June 2007. please provide all that is available and advisewith 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 medicalmatters in the strictest confidence. At the point in time that you became aware I wasdeclared umedically incapacitated" (whether unofficially by you or officially by Dr.Goodman is still not clear, as I have received no letter from Aerospace Medicine), thisbecame 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 themedical "condition" you alone have alleged.

I thank you in advance for a prompt and complete reply.

Sincerely,

Jeff LewisFAAATCS

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The following are a few of the relevant documents cited in my 8/31/11 email to RosMarable, including:

6/13/07: Accountability Board Reporting (shows AB Case closed on 6/13/07).

6/14/07: 4:09PM email, Marshall to Fossier (suggesting written admonishment).

7/14/07: 12:18PM email from Fossier to Marshall and numerous AT officials

(Fossier was responsible for deciding appropriate discipline for the Lewis case;here, he is recommending counseling or a written reprimand).

12/3/07: 3:01PM email from Davis to Bristol (forwarding on discipline as proposedby Andy Richards ... to include reassignment to STS ATCT; Davis notes thattimeliness would be an issue, apparently recognizing that AB Case discipline issupposed to be initiated within ten-days of receipt of the ROI, thus was due in mid­April).

1/10/08: Dr. Goodman fully restored Lewis' ATC medical clearance (Note that,despite this, Lewis was later repeatedly offered a disability retirement).

4/17/08: Richards letter to Lewis... "A return to work plan will be discussed withyou at a later date." Instead, three months later, Richards mailed Lewis the removalproposal Marable began drafting in May 2008.

4/17/08: 2:39PM email, Marable to Richards (the first draft of the 14-daysuspension proposal, laying out all the charges from the 13-month-old ROI, most ofwhich were contradicted within the ROI and thus never substantiated).

5/15/08: 3:38PM email, Marable to Richards (advising she will have a removalproposal letter on 5/20/08, with many "new" charges regarding Lewis' allegedly notbeing truthful).

12/4/08: Certified letter from Richards to Lewis (this was never sent out, but waseditted and sent by Marable on the same day, using the same certified number. Notethis letter is on a Lawndale letterhead, as it was drafted by Marable's office. Noteespecially Item #7, which declares the Lewis disciplinary case file included aMonique France email with a grid-off of the removal decision letter; this is a criticalrecord, yet has never been produced to numerous FOIA requests).

ACCOUNTABILITY BOARD REPORTING

Case Number: 20070097

Date (J{1ncident: 02/07/2007Date 111itial(r Reported: 2/7/2007

Reported to: Fanny Rivera, Assoc. Admin. For Civil Rights

Date Reported to Board: 2/9/2007Reported to Bourd by: Fanny Rivera, Assoc. Admin. For Civil Rights

Notes: Respondent is listed in Case #2007-0098

RCDorting PartyLast Name: AnonymousFirst Name:

Re.!!.i01z: AWPPosition:

Grade:Gender: Unknown

LOB: ATO-T

Facility: Concord ATCTNotes:

AccOlmtable Official

First Name: Terri

Last Name: Bristol

Title: Acting Director, WesternTerminal Services

Telephone Number: (425) 227-2502

Date AO lVoti{ied: 2/9/2007Notified by: Andrew Robinson

!iletlwd of"Inquiry: Security InvestigationDate ROl due: 4/6/2007

Date NOl revel: 3/29/2007

RespondentLast Name: Lewis

First Name: JeffreyRefdoll: AWP

Position: CPCGrade:

Gender: Male

LOB: ATO-T

Facility: Concord ATCT

Notes: The respondent was initiallyunknown

HR Contact

Name: Gwen Marshall, HR POC

Telephone Number: (310) 725-7824Date HR Notified: 2/9/2007

Notified by: Andrew Robinson

--------_ .._._ ...-.__ ._~..."'- . . .~

/ Resolutio1l Due: 6/8/2007( Date Completed: 6/13/2007 .-

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Allegatioll (s) Allegatioll Description

Race An anonymous caller contacted the Administrator's Hotline and reported that an"unnamed Caucasian air traffic controller" constantly makes racial commentsconcerning African-Americans. The caller reported that the unnamed employeecame into the control room and said, "Are you holding a n-gg-r down". Thecaller also reported that the unnamed employee made the statement in thepresence of one African- American air traffic controller in the facility.

"'riday. November 28. 2008 Page 1 ofl

EXHffiIT: 6/13/07 (AB Form, case #097)

Gwen Marshall/AWP/FAA

AWP-010, Human ResourceManagement

06/14/200704:09 PM

To Dick Fossier/AWP/FAA@FAA

cc

bec

Subject J Lewis

I forgot to ask, was Mr. Lewis getting some sort of discipline, 8.g., a writtenadmonishment for his N word usage? ~~.V"-'\...-~

Gwen

~ DickFossier/AWP/FAA

AWP-OI0, Human ResourceManagement

~~007~

To Jennifer J Johnson/ ANM/FAA@FAA,JasonRalph/AWP/FAA@FAA,DennisSullivan/AWP/FAA@FAA,Barry J Davis/ANM/FAA@FAA

cc Gwen Marshall/AWP/FAA@FAA, VickiHendrickson/ ANM/FAA@FAA

bcc

Subject Re: Any word on Jeff Lewis' feedback? (who/when) 0]

JASON/DENNIS/BARRY- PLEASEnote the message from Jennifer Johnson below Per AB Order 1110.125A,Section 15g (1) & (3), Jason you are required to provide feedback to Jeffrey throughout the process Gwen & Ihave both talked to you throughout the process about this. Now, I realize that you have tried to talk to Jeff andhave found him "rebellious" and/or "uncooperative;" unfortunately, that does not relieve you of theresponsibility. This feedback has to come from the LOB,and if you cannot talk to him for whatever hisbehavior may be, maybe Dennis and/or Barry need to step in and provide the feedback If this cannot beaccompl ished, you may need to put it in writing and send him a letter. Anyway you do it, we can see thatJennifer has a deadline and it must be done it quickly (NLT Monday).

From my perspective, the feedback should be something to the effect that based on the ROI and other evidenceyou have that it is more likely true than not true that he in fact did use the "n" word in some context - (This isthe ABpiece of the situation). To close this AB piece, I would suggest that Lewis be counseled admonisher,and/or reprimanded re his behavior and the use of the "n" word. ~.-,,-,-""-~~~~

Now as we all know, the case goes way beyond the AB piece. We are not medical staff (AWP - 300) and if hehas any concerns about his medical being pulled he needs to talk/communicate with them, probably Dr.Roberts or Goodman. Do not get into a discussion with him about this.

He may want to talk about his "enforced leave" being put on S/L, etc. This is something we can address, but Iwould advise against it. I received a letter and an e:mail from Lewis and owe him an answer. If I reply, I willBCCall of you Oason, Dennis, & Barry). Now, I will be out starting Monday (7/16) and not be back until 7/31.Jason - I will call you on Monday, and we can talk about this. I hope this helps everyone, and again, PLEASEprovide feedback to Jennifer NLT this Monday (7/16).

THANKS- dick (X- 7827)

Jennifer J Johnson/ANM/FAAnJennifer J Johnson/ ANM/FAA

'. . ATO,Western Administrative• • <' e, Services Group. a 07/13/200703:50 PM

To Gwen Marshall/AWP/FAA@FAA

cc DickFossier/AWP/FAA@FAA

Subject Re: Any word on Jeff Lewis' feedback? (who/when)GJ

I need something early Monday morning at the latest .. I need to write and route this and have it sent byMonday. Thanks, Gwen!

Jennifer J. JohnsonInquiry & Investigation Specialist, WSA/ATO425-227 -1827

MANAGEMENTSUPPORTTEAM,ADMINISTRATIVESERVICESWESTERNSERVICEAREA(WSA) AIR TRAFFICORGANIZATION(ATO)

EXHIBIT: 7/14/07 (Fossier email, 1218)

Hi Teri,

LI1AJA Barry J DavislANM/FAAq~ 12/03/200703:01 PM,On the items that I looked into.

To Teri Bristol/AWAIFAA

Jeff Lewis: Andy said that he will need to check with Medical, but Jeff had until November 30,2007 to gethis medical information in for review. This information is what is provided by the psychologist that he sawrecently. Andy wants to propose discipline for the previous conduct issue that led to this, and to send himover to Santa Rosa ATCT. I told Andy that we may have an issue with the timeliness.

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Barry J. DavisSenior AdvisorTerminal Operations, Western Service AreaOffice Phone: 425-227-2155Fax: 425-227-2906

Blackberry: 425-231-8991email: barry.j.davis@faa.gov

"Courage is grace under pressure"Quote by Ernest Hemingway

FIO-5442WSRcvd 7/22/10

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Fed,era; AviationAdministration

MemorandumDate:

To:

From:

Prepared by:

Subject:

January 10, 2008

Facility Manager, Concord ATCT

Stephen H. Goodman, M.D., AWP-300 cd----Sandy Poland, Western Pacific Regional Medical Office

ATC Medical Clearance

~~~~~=========-, =--='-=-,=-=,-='''=-=--=--=,=--=---=-=--,=-=-==-=-=--,,=,=-=--=~===-----,---,,--,-----,,-,,--,----,,-,--------''''-,-,---'''-,-

EMPLOYEE NAME: Jeffrey Nathan Lewis

ACTION DATE: 01110/2008 CLEARANCE TERMINATES: 05/31/2008

CLEA.,,~CE DETERMINATION:X Qualified

LIlVIITATI ON:

X Must wear corrective lens for distant vision while performing ATe duties

X l\!Iust have glasses for near vision in his/her immediate possession while performing ATC duties

REASON FOR MEDICAL STATUS DETERMINATION:_ Special Consideration for medical condition and/or medication

DATE OF EXAM: 10/30/2007 NEXT EXAM: OS/2008 NEXT ECG: On or after 05/04/2009

COlVllvLENTS:

Original Disqualified of June 21,2007 has been reversed. CC: A WP-14A, AWP-16, A\VP-700, AAL\1­700

AUTHORIZING OFFICIAL: Stephen H. Goodman, M.D.

NOTE: During the year, refer to FAA Order 7210, Facility Operation and Administration, with reference to what types of restricted drugs you cannot take whileperforming ATCS duties_ Report use of any drugs to your supervisor, facility manager, medical officer or hislher representative_ During the interval of the annualATCS medical examination, you shall adhere to FAA Order 3930, ATCS Health Program, and report any health problems, or the use of any drugs to the FAA

Flight Surgeon, or his representative, @Revised 1011 712007

EXHIBIT: 1110/08 (Dr. Goodman memo)

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U.S.Departmentof Transportation

Federal AviationAdministration

Federal Aviation AdministrationSan Francisco Air Traffic Control TowerT2-6-30San Francisco, CA 94128

April 17,2008

Mr. Jeffrey Lewis28242 Salo Road

Mulino, OR 97042

Dear Mr. Lewis:

This letter is to confirm that you are on administrative leave pending further notice. Areturn to work plan will be discussed with you at a later date. Please direct any questions

regarding this matter to me at (650) ~76-2883, extension 109.i

smc?t~tAndy RichardsSan Francisco District Manager

EXHIBIT; 4/17/08 (Richards letter)

Andy,

Draft-OnlyClemortee R Marable in Andy RichardsAWP-OIO, Human Resource Management Office

Thanks, Ros

This is only a draft in progress and I wanted your thoughts so far. As for the dou& s factors I will add theitems you considered, and I have a few already listed on the draft I would lik~ discuss this further, since Ihave a few questions regarding the sequence of events. Please give me a c.a'lf,/""

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FII-0319WSRcvd 4/25111

240

U.S. Departmentof Transportation

Federal AviationAdministration

April XX, 2008

Mr- Jeffrey LewisAir Traffic Control SpecialistConcord Airport Traffic Control Tower (ATCT)Concord, CA

Dear Mr. Lewis:

VVIH...•.UIU IIHGIIIQlIVJ10II\IIt-'VllAddressConcord, CA zipphone

This is notice that I propose to suspend you for fourteen (14) consecutive calendar days fromyour position as an Air Traffic Control Specialist, AT-2152-FH, at $106, 024 at the Concord AirTraffic Control Tower (ATCT), no earlier than fifteen (15) calendar days from receipt of thisnotice for such cause as will promote the efficiency of the Federal service The reason andspecification are set out below:

Background: On January 20, 2007, while in the performance of your duties and in the presenceof coworkers you started pronouncing words in a manner to mock the speech of AfricanAmericans. A coworker asked you to change the subject and not to talk in that manner-

On January 21, 2007, while in the presence of coworkers you made an inappropriate commentby stating "You're trying to keep a nigger down". Your coworker stated to you that he did notwant to hear any more of that type of talk. Another coworker told you not to use that word in thetower ever again.

On February 6, 2007 Front Line Manager (FLM) Patricia Hardy placed you on notice that anallegation of misconduct regarding your behavior had been received and informed you that theallegation would be investigated. You then signed the Notice to the Respondent and left theoffice. A few minutes later you returned to Ms. Hardy's office and started yelling, demanding thenotification back. When Ms. Hardy refused you continued to yell and then lunged at FLM Hardy\. Ms. Hardy called for assistance, since she was fearful of her safety. When the coworkerarrived, you continued to yell in a threatening manner. When the coworker told you to calmdown, you angrily stated we are all adults here and I can say what I want and continued theunacceptable behavior-

On February 13, 2007 during a meeting with Manager Jason Ralph and a union representative,you requested to make comments on the notification letter you were being issued. After beinginstructed to sign the letter or give it back, you got in Manager Ralph's face and stated in a loudvoice what are you going to do now? Jason instructed you to leave the building now and do notcome back until tomorrow. You left the building and walked to your car, you then returned toManager Ralph's office and began to bang on the door. Manager Ralph and FLM PatriciaHardy were in a closed door teleconference with Human Resources. You began pounding onthe door and yelling at Manager Ralph. Manager Ralph instructed you several times to leavethe building. After the fifth instruction from Manager Ralph, you left the building and drove

a~y. ~

Fll-0319WSRcvd 4/25/11

241

2

On February 16, 2007, management was made aware that you were confronting yourcoworkers attempting to find out who made the allegations against you to the AccountabilityBoard. Manager Ralph called a meeting and directed you not to interfere with witnesses orindividual you believed were responsible for calling the Administrator's Hotline. You becamehostile and approached Manager Ralph in a threatening manner, waving your hands andpointing in his face. Manager Ralph felt threatened and terminated the meeting, instructing youto leave his office. You failed to follow his direct orderl instructions and the law enforcement

was contacted. The facility locks were immediately changed to ensure the safety of theemployees.

On March XX, 2007 per Order AB ... an investigation was requested based on AccountabilityBoard cases # 20070097 and 20070098. Special Agents Jim Austin conducted an officialinvestigation regarding the alleged statements made by you on several occasions and yourconduct towards management and other employees after these incidents were reported to theAdministrator's Hotline.

Reason: Inappropriate behavior in the workplace

Specification # 1: On January 20, 2007, while in the performance of your duties and in thepresence of coworkers you started pronouncing words in a manner to mock the speech ofAfrican Americans. CPC William Marks asked you to change the subject and not to talk in thatmanner.

Specification # 2: On January 21,2007, after you walked into the cab and signed into work, CICJohn Crabtree asked youto relieve him from the ground control position. You responded toJohn and stated, "You're trying to keep a nigger down" CPC James Swanson immediately toldyou don't ever say that again and it is not appropriate. You then referenced a program that hadthat vocabulary in it. CIC John Crabtree responded and told you that he had not seen that showand you should watch something else. CIC Crabtree then stated that you should not use thatword in the tower ever, ever again.

Specification # 3: On February 6, 2007 Front Line Manager (FLM) Patricia Hardy issued you aNotice to Respondent and informed you of the allegations of your use of racially derogatorylanguage in the workplace. You signed the statements and received a copy and you then leftthe building. You returned to Ms. Hardy's office and started yelling demanded the notificationback. When Ms. Hardy that the notice was just to advise him the incident was beinginvestigated, you continued to yell and then lunged at FLM Hardy, and shouted, "Give me backthat paper right now!" Ms. Hardy told you she was not returning the paper and called the unionrepresentative for assistance, since she was fearful of her safety. You continued to stomparound the office. When William Marks arrived he attempted to calm you down, you continuedto stomp about the office, ranting and raving about how you were not being treated fairly. WhenMr. Marks took you outside the office, you angrily stated, "We are all adults here and I can saywhat I want!"

Specification # 4: _On February 13, 2007 during a meeting with Manager Jason Ralph and aunion representative, you requested to make comments on the notification letter you were beingissued. After being instructed to sign the letter or give it back, you got in Manager Ralph's faceand stated in a loud voice, "What are you going to do now?" You then poked your finger atManager Ralph and stated, "I cannot work for you!" Manager Ralph instructed you not to pokeyour finger in his face. You then waved your hand in front on Manager Ralph's face. Manger

Ralph then instructed you to leave the building now and do not come back until tomorrow. Y0ePFll-0319WSRcvd 4/25111 24 2

3

left the building and walked to your car, you then returned to Manager Ralph's office and beganto bang on the door. As you banged on the office door, Manager Ralph and FLM Patricia Hardywere in a closed-door teleconference with Human Resources. You began pounding on the doorand yelling at Manager Ralph. Manager Ralph instructed you several times to leave thebuilding. After the fifth instruction from Manager Ralph, you left the building and drove away.Your loud banging on the office of Manager Ralph, was also heard by CPC William Marks.

Specification # 5: On February 16, 2007, management was made aware that you wereconfronting your coworkers attempting to find out who made the allegations against you to theAccountability Board. Manager Ralph called a meeting and directed you not to interfere withwitnesses or individual you believed were responsible for calling the Administrator's Hotline.You became hostile and approached Manager Ralph in a threatening manner, waving yourhands and pointing in his face. Manager Ralph felt threatened and terminated the meeting,instructing you to leave his office. Manager Ralph directed you five separate times to leave theoffice. You then left the building and went to your car. Approximately two minutes later youreturned to the facility and Manager Ralph directed you to leave the facility. You ignored hisdirections and returned to Manager Ralph's office and attempted to gain entry. Manager Ralphcontacted local law enforcement, but a sweep of the building confirmed that you were no longeron the premises. The facility locks were immediately changed to ensure the safety of theemployees.

Reason: Providing misleading information during an official investigation.

Specification #1: On March 23, 2007, during an official investigation conducted by SpecialAgent Jim Austin when asked did you return to the tower demanding the letter back and yell atPatricia Hardy, you stated no, you demanded nothing and you did not yell at her.

Specification #2: When asked by Special Agent Austin, did you approach Manager Ralph andshout and poke your fingers towards his face, you stated "No, we were standing an having adiscussion. You added that you pointed out that he was turning up the corners of his mouth.

Specification #3: When asked did Manager Ralph tell you to stop pointing your finger towardshis face, you stated absolutely no, especially as I did not continue to point.

Specification #4: When asked did Manager Ralph tell you to leave the building, you stated, No,that you had asked for sick leave.

In selecting this proposed penalty, I have taken into consideration the following factors:

The nature and seriousness of the offense in its relation to your duties, position andresponsibilities, including whether the offense was intentional or technical or inadvertentor was committed maliciously or for gain or was frequently repeated.

An employee's conduct on the job has a direct bearing on proper and effectiveaccomplishment of official duties and responsibilities. Employees are expected to approachtheir duties in a professional and business like manner and maintain such an attitudethroughout the workday.

243

4

The Human Resource Policy Manual (HRPM) ER-4.1, Standards of Conduct paragraph 2.dstates, "employees must observe the following basic on-the-job rules: Exercise courtesy andtact at all times in dealing with fellow workers, supervisors, contract personnel and thepublic. Support and assist in creating a productive and hospitable work environment."

The Human Resource Policy Manual (HRPM) ER-4.1, Standards of Conduct paragraph 2.hstates, Observe and abide by all laws rules regulations and other authoritative policies andguidance, written and unwritten.

Your past disciplinary record.

Consistency of the penalty with any applicable agency table of penalties.

The clarity with which you were on notice of any rules that was violated in committingthe offense or had been warned about the conduct in question.

You were briefed at least once annually on the HRPM Standards of Conduct, ER 4.1 , whichincludes the employee responsibilities, and also on the FAA Table of Disciplinary Offensesand Penalties. You have been placed on verbal and written notice several times in the pastregarding your behavior and the rules and policies you violated. As such, you were awarethat it is the policy of the FAA to assure an environment free of intimidation andinappropriate language in the workplace and that all employees are expected to exercisecourtesy and tact at all times.

Your past work record, including length of service, and performance on the job.

Potential for your rehabilitation, effectiveness of a lesser sanction.

The material relied on to support this action is attached and listed below. Provided you areotherwise in a duty status, you and your representative, if an FAA employee, will be given up to16 hours of duty time to prepare and present your reply.

You may respond to this notice, personally, in writing, or both, and furnish affidavits and otherdocumentary evidence in support of your answer within fifteen (15) calendar days from the dateyou receive this letter. Full consideration will be given to any reply that you submit. In makingthis response, you have the right to be represented by a representative of your choosing. Assoon as possible after your reply is received, or after expiration of the fifteen (15)-calendar daylimit, if you do not reply, I will issue a written decision on the proposed removal.

The FAA has a free, confidential Employee Assistance Program (EAP) specifically designed toassist employees and/or members of their family to effectively deal with the challenges faced indaily life. You may seek assistance through this confidential program by contacting the 24-hour

EAP Hotline at 1-800-234-1327 or visiting the EAP website at www.magellanhealth.com. (jj)F11-0319WSRcvd 4/25111

244

5

~ you need help. understanding this notice or .mployee Relations Specialist at (31 0) 725_7~~~r Angwhtps,you may contact Rosslyn Marable, -16a. '

Sincerely,

Ontario ATCT

Receipt A<:knowledged:

Date

cc: AWP-16a,

Fl1-0319WSRcvd 4/25/1 J

®245

LetterClemortee R Marable icY Andy RichardsAWP-O 16A, Labor & Employee Relations Branch

Andy,

So you are aware, thoroughly reviewed the ROIand have added to the Lewis letter based on the ROI Thesecond charge will have at least 6-7 specifications regarding not being truthful. I want to review the letteragain before I send it to you on Tuesday. I will be on leave on Monday, but if I have the opportunity to finish

on Monday, I will send it to you th~rj Tomorrow is my RDO,but we have family plans and we will be out oftown until Monday. I can add YOUtOUglaS factors to this letter.~/tf)

@Fl1-0319WSRcvd 4/25/11

290

U.S.Departmentof Transportation

Federal AviationAdministration

December 4, 2008

Mr. Jeffrey Lewis28242 South Salo Road

Mulino, OR 97042

Dear Mr. Lewis:

Labor and Employee Relations15000 Aviation Blvd-AWP-16Lawndale, CA 90261(310) 725-7821

Certified Letter # 7003 2260 0003 729B 1419

Return Receipt Requested Jt

Based on your letter to Mark Deplasco dated Thursday November 20, 2008, in which yourequested a copy of the entire contents on the disciplinary file as described in paragraphs 109and 30B of Prib # 17, I have enclosed the documents from your disciplinary file, which are listedbelow. However 1 did not enclose another copy of the Report of Investigation - AWP2007007B,since you have a copy of this document per your previous Freedom of Information Act (FOIA)request.

1. Letter of Proposed Removal- draft2. Letter of Proposed Removal - signed copy3. Copy of mailing receipts4. Letter of Response to the Proposed Removal from Mr. Lewis, dated Friday August 22, 200B5. Letter of Decision - draft

6. Letter of Decision - signed copy

7. Email from Monique France - Line of Business - grid off of review of letter. <__~8. Words of song named Rednecks, by Randy Newman9. Emails received from Mr. Lewis and responses sent from Employee Relations regarding his

Letter of Decision and his request for an appeal for application of Article 10- Section 1610. Letter of response regarding Article 10 from HQ -Labor Relations dated November 19, 200811. Letter of explanation from Employee Relations regarding response from HQ-Labor Relations

dated December 3, 200812. Standards of Conduct ER 4.113. Table of Penalties

Also in response to your inquiry, your disciplinary file records are kept by the Labor RelationsDepartment.

Sincerely,

Andy RichardsManager, San Francisco District