The 61 Exhibits (attached to the 8/22/12 ULP Affidavit)

There are 61 Exhibits listed below. Lewis attached these Exhibits to the Affidavit he filed on 8/28/12. This Affidavit provided details for the pair of ULP’s he had filed against both FAA and NATCA, on 8/10/12.

Each Exhibit is in a PDF file viewable via the blue Exhibit Numbers links blue-numbers below.

Here are links to related documents:

18-page Affidavit (link)The 4/23/13 Supplemental Affidavit (link)

Ex.#

Date & Description:

Lewis rcvd:

1 2/16/07  slander: Telcon notes by Cindy Lopez-Hickson, Employee Assistance Program Manager; recorded during Violence in the Workplace Telcon. Concealed for three years. [NOTE: Lewis has no history of violence in his 53-years]

3/15/10

2

2/16/07: Letter from Jason Ralph to Jeff Lewis: declares start of lockout

2/26/07

3

4/23/07 slander: Jason Ralph email to Dick Fossier et al; implying Lewis is violent. Note that Lewis knew nothing about this until three years later.

3/18/10

4

5/9/07: Dick Fossier email to Dr. Goodman, an excerpt: “…with almost 20 years of Federal service, Lewis has no disciplinary record … so my suggestion is that if Aerospace Medicine opts to reinstate Lewis and return his medical, the LOB and 16 need to decide our next move….”. {’16’ refers to the Labor Relations office where Fossier worked}

2/16/10

5

5/17/07: Mike Hull 10:37AM email to Lewis. Threat to withdraw grievance.

5/17/07

6

5/17/07: David Caldwell email to Lewis. Union does not recognize Whitebook Contract.

5/17/07

7

5/24/07: David Caldwell email to Lewis; reaction to Lewis filing of Whitebook grievance.

5/24/07

8

5/24/07: Mike Hull email to Lewis, excerpt: “…I specifically told you 2 weeks ago that if any grievance was filed under the whitebook by any employee, it would be withdrawn with extreme prejudice when it reached the Union level….”

5/24/07

9

5/31/07: David Caldwell FAX to Jason Ralph; he intends to withdraw Lewis’ grievance.

10/31/07

10

6/7/07 slander: Doctor-to-doctor memo, placed into Lewis’ medical file. [3-pg]

7/24/07

11

6/11/07: Letter from Lewis to Jason Ralph stating concerns [3-pg]

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12

6/13/07: Dick Fossier email to Goodman; first documented use of the “Justin Lewis” pseudonym. Fossier also slips up and refers to Lewis as ‘Jeff’ in the middle of this email.  {see also Exh.36}

3/18/10

13

6/22/07: David Caldwell FAX to Jason Ralph, withdrawing Lewis grievance. Lewis was not notified; learned of this in a phonecall with Dick Fossier three months later.

9/24/07

14

6/27/07: Letter from Angela Brooks (AWP HR Director) to Lewis; never sent [2-pg]

9/1/10

15

6/28/07: Lewis email to Dick Fossier (see reply email 7/15/07)

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16

7/6/07: Dr. Goodman email to Dick Fossier; violation of medical records confidentiality (offering access to medical file). On 7/8/07, Fossier forwarded to Ralph, Sullivan, Davis.

12/3/09

17

7/14/07: Disciplinary intent, as indicated in two LR/ER emails: Gwen Marshall (6/14/07), and Dick Fossier (7/14/07). Both suggested a “written admonishment”.

2/18/09

18

7/15/07: Dick Fossier email to Lewis; response to 6/28/07 email.

7/15/07

19

7/16/07: First draft by Jason Ralph of letter of reprimand to issue to Lewis. This evolved into the Sullivan letter issued 7/27/07.

2/18/09

20

7/27/07: Letter of Reprimand from Dennis Sullivan to Lewis. Lewis was admonished.

7/31/07

21

9/5/07: Dick Fossier email to Richard Giles; advising Lewis had been admonished, and thus the 93-page ROI was officially releasable (copy was received by Lewis on 10/10/07).

9/22/08

22

10/4/07: Lewis email to new District Manager Andy Richards, rejecting FAA’s offer, made by Richards in a phone call a week earlier. An excerpt: “…I am not ethically allowed to ‘choose’ a disability retirement…as I lack a disability….”

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23

10/22/07: Lewis filed ULP SF-CO-08-0046 against NATCA.

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24

11/13/07: Lewis filed ULP SF-CA-08-0087, against FAA.

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25

12/3/07: Barry Davis email to Teri Bristol. Summarizes Andy Richards’ intention to assign Lewis to another tower, at Santa Rosa.

7/22/10

26

1/10/08: Memo from Dr. Goodman: Lewis’ ATC Medical Clearance has been fully restored.

1/14/08

27

1/16/08: Lewis letter to Dr. Goodman; seeking explanation for 6/7/07 slander memo.

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28

1/29/08: Goodman 6:20AM email to Richards, “… please manage him and this issue….” Richards 7:09AM email reply to Goodman, “… expect resolution in the near future.”

12/29/08

29

4/5/08  slander: Dick Fossier email to Ros Marable. Calls Lewis a ‘slimeball’ who testified at an arbitration. Misrepresents that Lewis “…has been with the Agency for 20 plus years and has never certified at a facility….” {note that Lewis first saw this 42-months later!}

11/5/11

30

4/17/08: Andy Richards letter to Lewis: “…a return to work plan will be discussed…” The discussion never happened; instead, Richards sent Lewis a removal proposal in July.

4/21/08

31

4/17/08: Ros Marable email to Andy Richards. Provides copy of her draft 14-day suspension proposal letter. [6-pg]

4/25/11

32

5/1/08: Letter, Jeff Lewis to Glen Rotella. Copy of signed settlement agreement, copy of ULP withdrawal letter, and copy of new grievance worth ~$40,000 in pay lost during Summer 2007 Constructive Suspension. (see also Exhibit 11) [8-pages total]

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33

5/7/08: Mr. Rotella forwards grievance/settlement to Mr. Richards. Emails exchanged.

9/27/10

34

5/15/08: Ros Marable email to Andy Richards: “…thoroughly reviewed ROI and have added to the Lewis letter based on the ROI. The second charge will have at least 6-7 specifications regarding not being truthful…I can add your Douglas Factors to this letter.”

9/27/10

35

5/20/08: Biweekly Terminal Report, Conduct & Discipline section, re: Lewis case reads: “…previously drafted a 14-day, management now requests a removal….”

9/27/10

36

Oct-07 to Jun-08 slander: “Justin Lewis” pseudonym, “AWOL” and “pending medical revocation”; carried in Terminal Reports for eight months, sent to Barry Davis and Monique France at WSA. Monique France concurred with removal via 6/30/08 email. [2-pg] Dec-2010

37

5/29/08: Glen Rotella email to Andy Richards

9/27/10

38

6/3/08: Glen Rotella email to Dick Fossier et al.

9/27/10

39

6/19/08: Step Two denial of Grievance NC-08-79364, signed by Jason Ralph. [2-pg]

1/27/11

40

7/17/08: Glen Rotella email to NATCA officials Ghaffari and Hull: “…if ever there were someone in need of representation and your professional advice it is Mr. Lewis.”

1/27/11

41

8/4/08: 8:58AM email from Castrellon to Hull, requesting three-week extension on Step Three grievance response. 9:09AM email reply from Hull to Castrellon, approving the extension.

9/1/10

42

8/7/08: Lewis email to Andy Richards, stating concerns and asking questions. Andy answered next morning with a one-word reply: “Yes” [2-pg]

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41

9/5/08: 2:52PM email from Castrellon to Hull, requesting three-week extension on Step Three grievance response. 3:10PM email reply from Hull to Castrellon, approving the extension. NATCA was completely passive while Lewis was being fired.

9/1/10

43

9/22/08: Ros Marable email to Dan Castrellon.

11/27/10

44

9/25/08: Patricia Hardy email to Castrellon et al. Advises she has submitted paperwork to change Lewis’ 2/16/07 pay changed from sickleave to paid Administrative Leave, 600-days after the lockout. Leave record will then conform with Jason Ralph’s false ROI testimony.

12/24/08

45

9/25/08: Dan Castrellon letter to Ham Ghaffari. Step Three specious denial of Grievance NC-08-79364. [3-pg]

10/4/08

46

9/25/08: GETS printout for Grievance NC-08-79364; showing ‘To Be Made Whole’. [3-pg]

9/1/10

47

10/3/08: Glen Rotella email to Tim Kubik & Dan Castrellon. Says if FAA is not responsive, they will face an ‘unwinnable ULP’.

5/3/10

48

10/6/08: Douglas Factors, as signed by Acting District Manager Mark DePlasco. He misrepresents that nothing less than a removal was appropriate because… “Mr. Lewis was asked to consider a medical retirement but he refused”.

1/15/11

49

10/21/08 slander: Ros Marable email to Mark Deplasco. She attached a copy of “Rednecks” song lyrics, implying Lewis to be a racist (Lewis had quoted only one line).

1/15/11

50

11/26/08: Lewis letter to Kevin Sills. Requesting copy of certified return receipt for NATCA arbitration request. NATCA has failed to provide a copy.

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51

2/24/09 slander: AWP Counsel email to MSPB participants. Tsuda advises she has requested armed guards and metal detectors for the hearing. (also 2/20/09) [2-pg]

1/15/11

52

3/25/09: Letter by Dr. Haldeman; assessing Lewis’ hostile work environment. [2-pg]

3/28/09

53

5/12/10 slander: Andy Richards told FAA’s EEO counselor: “Mr. Lewis underwent a psychological evaluation due to his violent behavior and danger to himself.”

9/29/10

54

1/5/11: In a FOIA response, Regional Administrator Withycombe said, “…all Agency records…supporting the assertion of threatening behavior are contained within the ROI.” Similarly, in a 10/8/08 grievance denial letter, Mark Deplasco had stated, “…the documents contained in the ROI…were the only materials relied upon to support the proposed adverse action.” Consistent statements, but for an ROI filled with errors and contradictions.

1/18/11

55

3/31/11: Dana Edward Eischen issues a signed Arbitration Review Board decision. Directs Agency and Union to refer the matter “…to a full arbitration hearing before another neutral selected by the parties….”

1/4/12

56

2/2/12: Lewis email to James Barrett. Reply to Mr. Barrett’s request for a list of witnesses, etc. First presentation to Mr. Barrett as to the need to NOT settle, and the need to produce a hearing record. [2-pg]

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57

2/5/12: Lewis email to James Barrett, CC to Mark Wilson. Additional evidence newly received via FOIA Appeal. Reiterate need to produce a hearing record.

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58

2/8/12: Lewis email to Mark Wilson and James Barrett. Union officials were not replying, so I again sent an email asking for an acknowledgment. [2-pg]

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59

2/12/12: Lewis email to Mark Wilson and James Barrett. Counter-proposal to Agency’s proposed settlement.

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60

2/13/12: Mark Wilson email to Lewis. Copy of final settlement text.

2/13/12

61

2/13/12: Lewis email to Mark Wilson; cc’s to James Barrett and other Union officials (Jancewicz, Hull, Ghafarri, Caldwell and Krasner). [2-pg]

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