Lewis was locked out from his place of work, the FAA air traffic control tower at Concord, CA, on 2/16/07. He remained in a paid status (except for a few months through the summer of 2007) and was patiently waiting to hear when he was to return to work. Then, in late April 2008, he received a letter, signed by his District Manager Andy Richards, advising that a ‘return-to-work-plan’ would soon be discussed. But, nothing more was heard and then, out of the blue in late July, seventeen months after the lockout commenced, Lewis received a letter signed by Andy Richards, proposing to fire him.
The formal process required that Lewis have an opportunity (and a deadline) to rebut the proposal. He faced a deadline of Sunday, August 24, 2008. So, Lewis worked intensively for two weeks, reviewing everything he could find about his case and drafting a rebuttal letter. That letter was sent on August 22nd (via UPS, overnight Saturday delivery, at a cost of $49). It had 35-pages, including:
Lewis made a direct appeal to his District Manager, Andy Richards. The letter expresses concern about the ongoing gag-order at Concord Tower; it notes that the ROI is flawed and the charges are unsubstantiated; it notes he has already been admonished; it identifies numerous long-overdue FOIA responses for records needed to rebut the proposal; and, the letter summarizes that, if the same disciplinary standard were applied to others at his tower, a manager, a supervisor and four other controllers would all be FIRED.
this was the main attachment. Lewis provides an item-by-item rebuttal to the charges and proposals documented within the 7-22-08 removal proposal letter.
these other attachments focus primarily on documentation during Lewis’ last two months actually working day-to-day at Concord (January and February 2007), to illustrate the evolving hostile work environment.