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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
DAVID McCOLLUM,
Complainant, v. EEOC Docket No. 07A60055
NORMAN Y. MINETA.
Secretary, Department of Transportation,
Agency.
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Age Discrimination......... Hot News ! From Jeff Atchley, Esquire. McCollum v. FAA Update June 17, 2008 There is not much to report at this point. We are preparing our response to the FAA’s discovery requests to be submitted by July 15, and the FAA’s response to our discovery is due by August 15. As indicated before, once we have received and reviewed the documents and information we have requested from FAA, we will be scheduling depositions of a few FAA managers. As a result of a request made by the ALJ to FAA legal counsel at our last teleconference, I should be receiving a list from the FAA in the next week or so of all hires by FAA at all of those facilities for which those on the PATCO Inventory applied. The ALJ requested this information from the FAA earlier, and if it is complete and accurate, it should provide both the ALJ and the parties a pretty good idea of the total number of vacancies filled during the period of time for which we are claiming. This information should include the dates of each hire, the facility to which hired, and the identity of those hired. There is nothing else anyone needs to do at this point other than continue to send me any documents relating to your efforts to get hired that you have not already provided, and keep me posted as to any address/email changes! Thanks, and take care. Jeff P.S. It was great to see everyone who made it to the PATCO convention in Tunica last month! As you know, PATCO has committed to help pay for the out-of-pocket expenses in this case, which are going to start mounting up when we start taking depositions. If you are not a dues paying member of PATCO and want to contribute towards these expenses, please get in touch with Ron Taylor at PATCO. Any contributions you want to make towards expenses in this case should be forwarded to PATCO and designated for this class action. The bottom line is that without this commitment by PATCO, the expenses and fees in this case would necessarily have to have been assessed to the individual class members.
Class Action Certified PATCO Union Member Wins AppealOctober 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 @ LawsuitNORWOOD, HOWARD & ATCHLEY Tel: (901) 528-8300
March 15, 2006
PATCO
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
Controllers 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
PATCO Legal Defense Fund
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Or mail in your donation using the below form: Name__________________________________________ Address_________________________________City________________ State________________ZIP___________Phone____________________ FAA Strike Facility________________E Mail_______________ Amount of legal donation_________________________ Signature____________________________Date_________________
PATCO 161 SW Willow Lake Trail Stuart, Florida 34997 Phone number 772-283-3369
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