PATCO.....Protecting the rights of air traffic controllers!
The FAA broke the law.........
PATCO Union member Class Action
Complaint against the FAA is
Certified by the EEOC.
FAA sent notice to 3,654 PATCO Controllers!
OFFICE OF FEDERAL OPERATIONS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Complainant, v. EEOC Docket No. 310-2004-000322X
Secretary, Department of Transportation,
Class Action Certified
PATCO Union Member Wins Appeal
October 31, 2006
PATCO Union member wins EEOC appeal in DC on Age Discrimination against the FAA, Class Action is now Certified. The FAA broke the Law !
Age Discrimination Class Action is Certified
In a nutshell the FAA lost the appeal in Washington, D.C to the EEOC, and Class Action is Certified”! They broke the law ........
“The EEOC has rejected literally all of the FAA’s arguments on appeal. The decision also rejected the FAA’s argument and held that we can bring a “disparate impact” claim against the FAA. .… In effect, the EEOC affirmed all of the ALJ’s earlier decision which conditionally certified the class.”
This a great victory for the PATCO controllers, and it is about time that the FAA be held accountable for it illegal and discriminatory hiring practices.
The Texas Ruling by EEOC:
On March 13, 2006, an EEO complaint filed by a PATCO Union member in
Houston, Texas was conditionally certified as a class action age discrimination
claim. The case is EEOC No. 310-2004-00322X. In her
decision, the Administrative Judge considered all the arguments filed on behalf
of the class agent and those filed by the FAA, and determined that the case was
a proper class action. The Judge defined the class as follows:
....the following class complaint is certified:
Whether the FAA discriminated against PATCO Inventory applicants on the basis of age when they were not selected for Air Traffic Control Specialist vacancies on September 16, 2003, and thereafter. This Class complaint encompasses the following allegedly discriminatory practices and/or policies for the hiring of Air Traffic Control Specialists:
(A) The maintenance of separate "applicant pools"
(B) The use of quotas in making selections
(C) Not comparing candidates from one pool with those in other applicant pools
(D) Beginning in approximately 1999, not making any further selections from the PATCO Inventory.
Class membership is reserved to:
Those PATCO Inventory applicants who were not selected for Terminal and Enroute Air Traffic Control Specialist vacancies (at their preferred locations) beginning on September 16, 2003, and thereafter. Preferred locations refers to the locations identified by the PATCO Inventory applicant as ones for which they would like to be considered for ATCS employment.
PATCO EEOC Legal Contact:
Jeff Atchley, Esquire
Web site @Lawsuit
NORWOOD, HOWARD & ATCHLEY
Tel: (901) 528-8300
March 15, 2006
Aviation Daily: PATCO Controllers Get Green Light On Class Action Complaint
A U.S. Equal Employment Opportunity Commission (EEOC) judge this week ruled that controllers fired by President Reagan after the 1981 strike can proceed with a class action suit against FAA charging that age discrimination has prevented their rehiring.
The EEOC decision is a major milestone for the Professional Air Traffic Controllers Organization in its long-running legal battle with FAA, said PATCO President Ron Taylor. He estimates that 4,000-5,000 PATCO controllers could be covered by the class action, and a multi-million-dollar damages claim is possible. No court date for the suit has been set yet, and Taylor said the ball is now in FAA's court as to how it will proceed.
The judge considered submissions from controllers and FAA, and decided there was a proper class action. The PATCO claim charges that FAA discriminated against PATCO members "on the basis of age" when they applied for FAA controller positions from September 2003 onward.
In the suit, PATCO said FAA has not hired any PATCO controllers since 1999.
Other discriminatory practices listed by PATCO include the use of separate
applicant pools, and hiring quotas for PATCO members. Candidates from each
pool were not compared against each other, PATCO said. -AS
President Clintons lifts the ban against the
PATCO controllers, but the FAA has failed to comply with the law...
THE WHITE HOUSE WASHINGTON
MEMORANDUM FOR THE DIRECTOR OF THE
SUBJECT: Providing Employment Eligibility to Former Air Traffic
On December 9, 1981, President Ronald Reagan, by to the Director of the
Office of Personnel Management, imposed an indefinite bar on employment by the
Fedaral Aviation Administration (FAA) of striking members of the Professional
Air Traffic Controllers Organization (PATCO) , because the strike was not
authorized by law. For nearly 12 years those PATCO members have been ineligible
for employment with tha FAA and certain other Federal positions.
I believe sanctions have been in effect long enough and that PATCO members
should be eligible to apply, without preference, when there are openings with
the FAA. It is time to put this chapter of labor-management relations behind us.
Accordingly, by this memorandum and pursuant to my authority to regulate
Federal employment, I am repealing the bar. Former air traffic controllers who
have been ineligible solely because of the bar hereafter will be eligible to
apply for employment with the FAA.
William J. Clinton
•U.S. G.P.O.: 1993-300-767:61 W1
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