F12-7293WP (152p, rcvd 11-21-12)

The table below presents all records within the F12-7239WP FOIA Response. Although the original response package was randomly ordered, here the records are re-sequenced into chronological order. The page number in the left column identifies the page within the 152-pg FOIA Response package. Click on the blue page numbers to view a PDF copy of that record.

pg.

Date

Time

Document Details, etc.

7

8/27/08

Shapiro to Harris Formal request for arbitration on NC-08-79364-CCR

5

8/10/11

1834

Rader to Wilson, Gray Subj: Arbitration between NATCA and FAA. “I regret to inform you that I must withdraw as Arbitrator in the above titled matter currently scheduled to be heard Oct. 26 & 27. I broke my leg…; …I thought it best to free you to select another Arbitrator.”

4-5

8/25/11

1033

Wilson to Gray Subj: Lewis Arbitration. “Kevin: Let’s see if we can stick with the same dates – if possible. Do you recall who the last arbitrator (3rd) was who we struck from the list? Let’s solicit him/her for the dates in October.”

4

8/25/11

1126

Gray to Wilson Subj: Re: Lewis Arbitration. “Hi Mark; I didn’t keep exact notes, but I think it may have been Claude D. Ames. Starting from YES! Kevin Gray”

11

8/30/11

1016

Wilson to Gray clipped email see bottom portion at pg.4.

4

8/30/11

1016

Wilson to Gray clipped email see top portion at pg.11 for names & date/time. Lists Thomas, Najita, D’Orazio, Ames, Glick, Calhoun, Escamilla, Grabuskie, Lindauer, Rader and Winograd. “…so, Lindauer was our last standing arbitrator. Would you go with him?”

10-11

9/6/11

1421

Gray to Wilson, cc Castrellon Subj: Lewis Arbitration. “Hi Mark, this case is being reassigned, the new advocate will contact you shortly. Sorry for any inconvenience this may cause you.”

6

9/6/11

1457

Castrellon to Hicks-moffatt, Lopez-Hickson, Marable, Marshall, Gray, Lorio et al Subj: NATCA/AT Arbitration Case – 79364-CCR…. “Colleagues: I am seeking a volunteer to advocate the above case that was formerly assigned to Kevin. Please advise by COB Thursday Sept. 8, 2011 whether anyone wishes to volunteer to advocate this case.”

10

9/12/11

632

Wilson to Castrellon, cc gray Subj: Re: Lewis Arbitration. “Dan, are you the new advocate for this case? Can we agree on Lindauer so we can get going on getting dates?”

10

9/12/11

940

Castrellon to Wilson Subj: Re: Lewis Arbitration. “Mark…no I’m not. The case will be reassigned today and the new advocate will contact you to select a new arbitrator.”

6

9/12/11

943

Castrellon to Hicks-moffatt, Lopez-Hickson, Marable, Marshall, Gray, Lorio et al Subj: NATCA/AT Arbitration Case – 79364-CCR…. “Colleagues: Having received no volunteers, this case is assigned to: Ros Marable. Ros: please make contact with NATCA Rep Mark Wilson as he is anxious to proceed with selecting a new arbitrator and dates.”

8

9/21/11

741

Wilson to Castrellon Subj: Re: Lewis Arbitration. Says he and Kevin Gray had agreed to Lindauer, and we need to get moving on selecting dates. “…please designate an advocate to get this rolling. It’s not fair to the grievant to continue waiting….”

10

9/28/11

724

(?) appears to be Wilson to Castrellon clipped, with no names; Subj: Re: Lewis Arbitration. “Please let me know who the FAA’s advocate is on this case ASAP. If I don’t hear by tomorrow, I will elevate the matter.”

9

9/28/11

1113

Castrellon to Wilson, cc marable Subj: Re: Lewis Arbitration. “Mark, The case was assigned to Clemortee ‘Ros’ Marable.”

9

10/11/11

832

Marable to Wilson, cc castrellon, hicks-moffatt, rodriguez Subj: Re: Lewis Arbitration. “Due to an unfortunate sequence of events, I am no longer assigned to this case effective Friday, October 7, 2011….” Lists Bobby Rodriguez as new assignment, and says he will call soon.

13

10/12/11

705

Wilson to Lindauer, cc rodriguez, marable Subj: Re: Lewis Arbitration. Advises FAA and NATCA wish to set up an arbitration. Asks for late November and December dates, for an Oakland location. Identifies advocates as Wilson (NATCA) and Rodriguez (FAA).

12-13

10/12/11

1253

Seaborne to Wilson, Lindauer, cc rodriguez, marable Subj: Re: Lewis Arbitration. Advises Lindauer availability for December (12-16 and 29-30). Also advises his calendar changes and openings may develop within days.

14-15

10/17/11

1412

Seaborne to Wilson, Rodriguez Subj: Lewis Arbitration. Advises no dates available in November, December. Lists three sets of dates in January. Asks the parties to confirm if any can be assigned.

14-15

10/17/11

1543

Rodriguez to Seaborne, cc wilson, marable Subj: Re: Lewis Arbitration. Notes he was recently assigned to this grievance. Says he is not sure a 2-day hearing will be needed, and is contacting the union advocate. Will followup with any changes.

14

10/17/11

1846

Rodriguez to Wilson cc marable Subj: Fw: Lewis Arbitration. “Good afternoon Mark, Please let me know when I can call you so that we may discuss this issue and follow up with Sara as stated below.” (attached was 10/17/11@1543 email to Seaborne)

12

10/28/11

1048

Wilson to Seaborne, cc rodriguez, marable Subj: Re: Lewis Arbitration. “The dates in December will not work for the parties. Please provide pairs of dates in January, preferably Tuesdays through Thursdays.”

12

10/28/11

1255

Seaborne to Wilson Subj: Re: Lewis Arbitration. Advises dates in January where Lindauer is available.

14

11/1/11

644

Wilson to Rodriguez Subj: Re: Lewis Arbitration. “We got several sets of dates from the arbitrator. What ones can we use?”

19-20

11/15/11

1345

Rodriguez to Seaborne, cc wilson Subj: Possible February hearing dates. Notes “witness availability issues” for previously provided dates. Asks for February dates. Adds Wilson is the NATCA advocate he has cc’d.

19

11/15/11

1439

Seaborne to Rodriguez, cc wilson Subj: Re: Possible February hearing dates. Lists three different timeframes to choose from. Asks for selection.

16-17

11/16/11

1424

Rodriguez to Ralph Subj: Lewis Hearing.“Good afternoon sir, is there any way you can let me know…” Seeking to locate hearing at SFO ATCT during week of 2/13 to 2/17. Notes alternate location at CMO in Daly City.

16

11/17/11

854

Ralph to Rodriguez Subj: Re: Lewis Hearing.“Space is not an issue here but my concern is security because of the circumstance in which Mr. Lewis FAA employment came to an end.” Adds request for screening at building entrance.

16

11/17/11

1029

Rodriguez to Castrellon Subj: Fw: Lewis Hearing.“Please see the email below re: the February hearing.”Attached copy of Ralph’s 11/17/11 at 8:54 email, again slandering Lewis.

18-19

11/17/11

1047

Rodriguez to Wilson Subj: Re: Possible February hearing dates. Advises Lindauer is good for 3rd week of February; asks if this will work for NATCA.

18

11/17/11

1105

Wilson to Rodriguez Subj: Re: Possible February hearing dates. “Yes, the week of February 13 is good. My suggestion is that we select Feb 15 & 16 (Wed/Thurs). Can we nail that down ASAP?”

18

11/17/11

1133

Rodriguez to Wilson, bcc castrellon, hicks-moffatt Subj: Re: Possible February hearing dates. Finalizing on third week of February, but now asking Wilson/NATCA to confirm “what you believe the issue of this Grievance should be”. Suggests one day may be enough, and need to manage costs.

21-22

11/17/11

1152

Wilson to Rodriguez, cc ghaffari, hull, jancewicz barrett Subj: Re: Possible February hearing dates. “…I do not agree that NATCA has to convince FAA of the need for a 2-day hearing….” – “The issues are as stated in the grievance.” Asks for scheduling dates ASAP, and amend later if needed.

21

11/17/11

1503

Rodriguez to Wilson, cc castrellon, hicks-moffatt, ghaffari, hull, jancewicz barrett Subj: Re: Possible February hearing dates. “…I believe you have misunderstood the contents of my email….” Discusses number of days needed, but agrees if 2-days are needed, so be it. Presses need to discuss/resolve details prior to hearing.

25

11/18/11

603

Wilson to Rodriguez, cc hicks-moffatt, castrellon, ghaffari, hull, jancewicz, barrett Subj: Re: Possible February hearing dates. “…did not mean to sound like I was taking a tone with you, I’m just anxious to get this on the calendar. Then we can talk about the processing of the hearing….”

30

11/18/11

614

Wilson to Seaborne, Rodriguez, cc ghaffari, hull, jancewicz, barrett, lewis Subj: Re: February hearing dates – Jeff Lewis. “The parties would like to accept February 15-16 for hearing the Jeff Lewis case. ..(Oakland area).. If Arbitrator Lindauer has any type of pre-hearing procedures he follows, please let us know.”

30

11/21/11

1247

Seaborne to Wilson, Rodriguez; cc jancewicz, barrett, hull, ghaffari, lewis Subj: Re: Possible February hearing dates. Notes conflict on 2/15, asks if 2/16-2/17 is workable.

31

11/21/11

1351

Wilson to Seaborne, cc rodriguez, ghaffari, hull, jancewicz, barrett, lewis Subj: Re: Possible February hearing dates. “Please hold the 16th/17th dates while the parties check.”

31

11/21/11

1414

Seaborne to Wilson, cc Rodriguez, jancewicz, barrett, hull, ghaffari, lewis Subj: Re: Possible February hearing dates. “I’ve put a hold on them.”

33

11/22/11

1036

Castrellon to Kirkland, cc howard, newcombe, rodriguez Subj: Arbitration Hearing – request for use of conference room. “My colleague (Bobby) and I will be conducting an arbitration hearing for the SFO district ATO….” Says they need a room to accommodate eight people, 8AM to 430PM, two days.

33

11/22/11

1048

Newcombe to Castrellon, cc rodriguez, kirkland, howard Subj: Re: Arbitration Hearing – request for use of conference room. “All – reserved mini conf room #2, will accommodate 10 people, and it’s at the rear of the office in a more secluded location. Reserved for Feb 16-17, 2012.”

35

11/23/11

1033

Seaborne to Wilson, Rodriguez Subj: NATCA and FAA (Lewis Arbitration). “Gentlemen: Please see attached letters and resume.” attached an 11/23 letter specifying location/dates, and another 11/23 cover letter with Lindauer’s resume.

37

11/23/11

Seaborne to Rodriguez, cc wilson Cover letter for attached Lindauer resume requested by Rodriguez on 11/22.

36

11/23/11

Lindauer to Wilson, Rodriguez Letter confirming date and location for hearing.

38

11/23/11

Lindauer resume shows his cellphone number, arbitration panels, education, etc.

34

11/28/11

928

Howard to Castrellon cc kirkland, newcombe, rodriguez Subj: Re: Arbitration Hearing – request for use of conference room. “I believe Debbie has already reserved this conference room for your proposed hearing. … Debbie will of course, remain your POC.”

34

11/29/11

747

Castrellon to Howard, cc kirkland, newcombe, rodriguez Subj: Re: Arbitration Hearing – request for use of conference room. “Thank you all for your assistance…it’s greatly appreciated.”

40

11/30/11

1330

Rodriguez to Seaborne, cc wilson, castrellon Subj: NATCA and FAA (Lewis Arbitration). “The parties have agreed to conduct the Lewis arbitration at the SFO Certificate Office. … 2001 Junipero Serra Boulevard, Daly City, CA 94014-389….”

85-86

12/1/11

1406

Slaton to Saporito Subj: Request for court reporter. “Robin. Always a pleasure talking to you. Here is the information for our upcoming arbitration.” Included address and time info for two full days; listed Rodriguez as FAA POC.

85

12/1/11

1408

Saporito to Slaton Subj: Re: Request for court reporter. “Vivian. Thank you. I will get this to scheduling. You will receive a confirmation about 5:00 today.”

96-98

12/1/11

1516

Jiuliano to Slaton Subj: …Court Reporting Services for February 16, 2012. Printout confirming attendance by Sabrina Jiuliano, from Depo.com.

87-89

12/1/11

Atkinson-Baker, Inc., rate sheet for California Court Reporting services.

95

12/2/11

1448

Slaton to Phillips Subj: PR Status. “Hi Camron, You should be receiving a PR in your inbox for an arbitration for Feb. 16-17, 2012.”

99-100

12/2/11

1522

Jiuliano to Slaton Subj: …Court Reporting Services for February 17, 2012. Printout confirming attendance by Sabrina Jiuliano, from Depo.com.

90

12/2/11

Requisition Procurement Request No. WP-12-01089; originated by AWP-10, estimating $2,750 for arbitration of NC-08-79364-CCR. Requisitioned by Slaton for Kubik.

91

12/2/11

(attached)

Requisition for Purchase Agreement. “From: Labor Relations Specialist Rodriguez”. Lists dates, and address/phone for CMO and Lindauer.

101-102

12/7/11

Order for Supplies or Services completed Purchase Order authorizing up to $2,750 for Lindauer arbitration services. Signed by Contracting Officer, Barbara Fisher.

44-45

1/17/12

1506

Rodriguez to Wilson, cc seaborne, castrellon Subj: February Hearing Date. “Arbitrator Lindauer contacted me earlier today in order to verify if both parties were intending to proceed forward with the Lewis issue that is currently scheduled for hearing next month….” Wants to discuss moving papers.

44

1/18/12

706

Wilson to Rodriguez Subj: Re: February Hearing Date. “Please just email the arbitrator and confirm we’re proceeding with abitration, and copy me. I will be in touch later today or tomorrow about the moving papers.”

44

1/19/12

626

Rodriguez to Seaborne, cc wilson, castrellon Subj: Fw: February Hearing Date. “As a followup to Arbitrator Lindauer’s recent inquiry, regarding the (Lewis) hearing …it appears both parties intend to proceed with the hearing as scheduled.”

46-47

1/25/12

1549

Barrett to Griffin Subj: Arbitration. “I hope you are doing well. I am not sure if I should coordinate this with you, but Victor suggested I start with you. … I need someone to contact MIA management and arrange for me to be released….”

52-53

1/26/12

857

Rodriguez to Barrett, Wilson, cc hicks-moffatt, griffin, france, valencia Subj: Arbitration. “Mr. Barrett, I have just been made aware you are seeking approval to be released from your duties… (to serve as first chair at the arbitration).Discusses surprise, late change, need to have discussions, etc.

51-52

1/26/12

906

Wilson to Rodriguez, Barrett, cc hicks-moffatt, griffin, france, valencia Subj: Re: Arbitration. “Hi Bobby, Maybe you’re new. Jay will be the primary (1st chair) and I will now be the secondary advocate (2nd chair). We will both be included in discussions and planning. Thanks for your diligence and attention.”

51

1/26/12

1004

Rodriguez to Barrett… Subj: Re: Arbitration. “I’m very familiar with this process as I do have a few cases in various arenas under my belt. I was merely confirming if there was a change of presenting advocate since I did not receive any word from my Union counterpart….”

46

1/26/12

1513

Griffin to Fuentes, cc hicks-moffatt, rodriguez Subj: Fw: Arbitration. Confirms Jay Barrett authorized to use NATCA time and excused from work at MIA from 2/14/ through 2/17, to serve as First Chair at arbitration.

48

1/26/12

1620

Fuentes to Griffin, cc hicks-moffatt, rodriguez, kimsey, eshkenazi, ramos, scott Subj: Re: Arbitration. “Thanks Kishawn. We will provide him with the time requested.”

50-51

1/30/12

1047

Barrett to Rodriguez, cc hicks-moffatt, griffin, valencia, france, wilson Subj: Re: Arbitration. “I apologize for the confusion as we were under the impression you had been advised of my substitution on this case back in August when Mike Hull asked me to take his place due to his unavailability….” Busy MIA dayshifts; email best

50

1/30/12

1324

Rodriguez to Barrett, cc hicks-moffatt, griffin, valencia, france, wilson, castrellon Subj: Re: Arbitration. Notes he was just notified that Jay is First Chair for NATCA, and has no info as to why the late change. Wants to talk soon, to try to resolve procedural issues prior to the hearing, and discuss settlement offers.

55-59

2/2/12

Rodriguez to Barrett, Lindauer Formal Letter, declaring management intent to unilaterally apply an appropriate remedy.

54

2/7/12

1509

Rodriguez to Barrett, Seaborne, cc hicks-moffatt, castrellon, france, valencia Subj: Unilateral decision to apply the appropriate remedy. “As stated during our conversation on Friday, February 3, 2012, I am forwardng you the attached formal notice…” Attached lengthy letter, declaring NATCA was late in filing their witness list, etc.

60

2/8/12

834

Barrett to Rodriguez, cc seaborne, hicks-moffatt, wilson, castrellon, valencia, france Subj: Re: Unilateral decision to apply the appropriate remedy. “I m working today and the weather is lousy so we are spending a lot of time on position….” Asks for time to call, and asks if T&A data (info request) has been located.

62

2/8/12

1450

Rodriguez to Barrett, cc france, hicks-moffatt, valencia, seaborne, castrellon Subj: Re: Unilateral decision to apply the appropriate remedy. “I anticipate being in the office all day tomorrow from 6AM PST to 230PM PST. Therefore, please feel free to call at the office number provided below during the mentioned hours.”

64

2/13/12

956

Newcombe to Rodriguez Subj: LR Meeting at CMO. “Hi Bobby, Just wanted to confirm that your group would still need to use our conference room Feb 16-17, at the UAL CMO, Daly City, CA.”

68-69

2/13/12

1012

Rodriguez to Barrett, wilson, cc hicks-moffatt Subj: Revised Settlement. “Here is the revised settlement reflecting a signature for Mr. James Barrett as we discussed during our earlier conversation….” Also discusses new language related to leave conversions.

68

2/13/12

1023

Wilson to Rodriguez, barrett cc hicks-moffatt Subj: Re: Revised Settlement. Notes to memorialize the distinction between sickleave (paid at 40%) and other leaves (paid in full). Also, putting on record that the $1900 medical reimbursement must be nontaxable (is NOT income).

65

2/13/12

1032

Castrellon to Newcombe, cc howard, rodriguez Subj: Cancellation of Hearing – Conf. Room. “…we no longer need the conference room … the case has been settled … thank you and John for accommodating us and for the many questions we had about the security issues….”

66

2/13/12

1036

Newcombe to Rodriguez Subj: Fw: LR Meeting at CMO. “Got your v/m this morning to cancel the reservation for the conf foom on Feb 16-17, appreciate the notification, and as always if we can be of assistance please don’t hesitate to contact us.”

67-68

2/13/12

1134

Rodriguez to wilson, cc hicks-moffatt, barrett Subj: Re: Revised Settlement. “Since Jay is the identified 1st chair advocate for this subject matter, please have Jay contact me regarding all outstanding issues regarding the Lewis grievance so that I may speak directly to the Advocate in charge….”

67

2/13/12

1141

Wilson to Rodriguez, cc hicks-moffatt, barrett Subj: Re: Revised Settlement. “Jay is out of the office at the moment and will be signing the settlement and forwarding it to you shortly. I think it would be safe to notify the arbitrator that the case has been resolved.”

67

2/13/12

1208

Rodriguez to Barrett, wilson, cc hicks-moffatt Subj: Fw: Revised Settlement. “Gentleman, Thank you for your response and I will look forward to receiving the signed copy of the Settlement. As such, I will send Arbitrator Lindauer a message advising him of the resolution of the grievance.”

70

2/13/12

1246

Barrett to Rodriguez, cc hicks-moffatt, wilson Subj: Re: Revised Settlement. “Bobby, please find attached the signed settlement agreement. You dated your signature 2013. Please consider this matter settled. Jay.”

76

2/13/12

1455

Rodriguez to ralph, graves, castrellon, hardy, goodman, slaton, mitchell, cc richards, france, hicks-moffatt, valencia Subj: Lewis Hearing. “Good afternoon all, the Union and I have recently agreed to specific terms and conditions outlined in a settlement agreement that resolved a grievance filed by former ATCS, Mr. Jeffrey Lewis in 2008….” Hearing cancelled; ‘thanks’.

71-72

2/13/12

Settlement Agreement, pages 2-3 Copy signed by Barrett and Rodriguez. [out of sequence; should be after pg.75]

103-104

2/14/12

809

DeLeon to Slaton email confirming cancellation of reporting services for 2/17/12.

105-106

2/14/12

810

DeLeon to Slaton email confirming cancellation of reporting services for 2/16/12.

80

2/14/12

Lindauer to Barrett, Rodriguez cc wilson Memo confirming grievance cancellation and attaching invoice to be paid by both parties.

81

2/14/12

…a pleading Cancellation Statement of Arbitrator. Notes $1,517.50 due from each party.

82

2/15/12

1500

Seaborne to Barrett, Rodriguez Subj: NATCA and FAA (Lewis Arbitration). “Attached is Eric Lindauer’s letter of February 14, 2012, with the cancellation statement.”

79

2/15/12

1528

Slaton to Phillips Subj: Invoice – E. Lindauer. “Please see attached invoice for payment to Mr. Eric Lindauer, PO#DTFAWN-12-P-00263. The amount due is $1,517.50. Attachment is encrypted; I will email passcode.”

111

3/20/12

printout Purchase Order Payment Info Report

112

3/20/12

printout Purchase Order Detail Report

118

4/4/12

FAX “Attached is a copy of the Payour for the Settlement Agreeement for Mr. Jeffrey N. Lewis. If you have any questions, commetns or concerns please feel free to contact me at the number or email address shown below.”

147-152

4/5/12

Susan Slaughter (DOI-NBC) Record of Leave Data, and related leave records

109-110

5/9/12

Requisition showing debit of $1,517.50 for arbitration cancellation.

78

5/29/12

1519

Rodriguez to Seaborne, cc sherry Subj: Available Arbitration Dates. Advises that he is seeking potential arbitration dates on behalf of FAA and NATCA (Brian Sherry DC).

77-78

5/29/12

1536

Seaborne to Rodriguez, cc sherry Subj: Re: Available Arbitration Dates. “Although the parties are attempting to settle this grievance, the parties have agreed upon Thursday, September 6, 2012, as the date we would like to secure a hearing date with Arbitrator Lindauer….” Please set date.

77

6/28/12

901

Rodriguez to Castrellon Subj: Fw: Available Arbitration Dates. “FYI” with copy of Seaborne email showing Lindauer availability for yet another ‘arbitration’.

120

8/8/12

Slaughter to Irvin Subj: Back pay. Concise history of revisions actions.

119

8/9/12

939

FAX, Slaughter to Irvin (34p) cover sheet, then 33-pages attached, including an 8/8/12 explanatory memo, (2) reissued Leave/Earning statements, calculations sheets, summary sheet, and pay audit pages.

121

8/9/12

939

LES Re-issued pay statement, PP2012-08; net pay $10,903.04

122

8/9/12

939

LES Re-issued pay statement, PP2012-09; net pay zero

123-124

8/9/12

939

Backpay calculation forms (2p)

125-146

8/9/12

939

Pay/Leave Audit (22-pages)

115-116

8/21/12

1411

Mitchell to Vasser, Johnson Subj: FOIA Request. “See the below FOIA request. Item 3 references checks that were issued to the requestor; the $10.903.04 check was issued as a result of timecard amendments. Please consult with DOI regarding any email dialogue….”

115

8/28/12

1741

Mitchell to Vasser, Johnson Subj: Fw: FOIA Request. “Hello. Any updates?”

117

8/29/12

1316

FAX Calculation sheet for gross amount due Lewis for corrected timesheets, 8/5/07 thru 5/5/09. Notes an overpayment to Lewis of $156.53, which was taken back from Lewis’ taxes.

115

8/29/12

1526

Johnson to Irvin Subj: Fw: FOIA Request. forwarding copies she had requested.

114

8/29/12

Irvin to Mitchell “Per your request, the attached documentation regarding the payout for Mr. Lewis is supplied.” A note that apparently accompanied the reimbursement calculation, revised pay records, etc.

113

10/9/12

printout Purchase Order Payment Info Report

1-3

11/9/12

Kubik to Lewis, signed by Pecchia FOIA Response Letter (3p, cover letter)… lengthy list (92-items) of documents provided by AWP HR office. Minimal redactions on Lindauer documents.