A Fate Worse Than Death, Part One

Stories abound of FAA mismanagement and incompetence, and any one of us can get tunnel vision under the kind of working environment the FAA has fostered under the lack-of-leadership and responsibility of one Marion C. Blakey.

I cannot possibly catalog all the wrongdoing for you as I only have a couple decades left on this earth, but I have found a calling in reporting to you those I can.  Admittedly, some of the stories are more dramatic than others.  Some of the stories make better tales than others.  And some of the stories...well, they just hurt worse than others. 

This is one of those stories.  It will be told in two parts, today and tomorrow.  After you read Part One, you are going to want to throw up.  I urge you instead to forward it to friends, neighbors and others who still think you have it made, who still think it's just about the contract, who still think it's the employee's fault.

Let us pull back for a moment and put the last few years in perspective not just from our working environment but from the way the FAA is treating human beings.  Real, live people with families, hopes, dreams, responsibilities, and in many cases children counting on us to make a living while providing the opportunity for a better life than we have. 

Under the current Administrator, just to tick off a few points:

--imposed work and pay rules under an ignorant misapplication of law and Congressional intent that are an insult to every air traffic controller in the country, a misapplication of law that a wide, bipartisan majority of the Congress voted against last year and is hell-bent on overturning this year.

--our jobs have been trivialized to the point that she compared us to Maytag repairmen, sitting around getting paid with nothing to do.  Marion Blakey has shown utter contempt for her workers in the press and in the Congress.

--academy pay was cut to less than $9 an hour, per diem payments (which let a person eat) were eliminated, and most travel expenses were placed on the backs of those least able to pay but most needed to give their all for this career.

--a dozen controllers were fired in the largest mass termination since the 1981 PATCO action.  Their  sin?  Not checking ONE box correctly on a confusing form with over a hundred questions.  And remember: this particular injustice was so grave, so egregious, so wrong, that when the FAA had finished putting on the finest case their money and lawyers could buy---

NATCA rested without calling a SINGLE witness or admitting a SINGLE piece of evidence.  NATCA was confident that the FAA's witnesses had not only perjured themselves, but made the union's case for them.  And when the smoke cleared, the arbitrator overturned the FAA's unjustified actions and put every single one of those men back to work with back pay. 

Every. 

Single. 

One. 

This was just before Christmas, 2005, and this righteous decision enabled our brethren to save homes, college educations, marriages, and have a well deserved but late Christmas.  They were able to pull their lives back from the brink, to yank victory from the abyss the agency had thrown them into.  After reading this story you will know---they were the lucky ones.  Other employees who were mistreated, harassed and mentally tortured by Marion Blakey's FAA were not so fortunate.  Their stories don't end so well. 

With this background in mind I want to refocus your attention on something that took place in Phoenix and ask your indulgence as I tell this story.  The story begins several years ago and will take me two days to tell, but the ending is ripped right out of current events.  What I am about to report as a journalist will be reconstructed, to the best of my ability, exactly as it was recorded in official EEOC decisions, and in communication with myself, former Western Pacific Regional Vice President Bob Marks, and members of the PHX and P50 (Phoenix TRACON) locals. 

NATCA Member Linda Peterson went to PHX Tower to train.  She was not a favorite of management.  She did check out at the facility, but was then subjected to scrutiny beyond belief by a supervisor named John Gilding.  She filed an EEOC complaint.  She was decertified on the basis of an alleged communication that took place which Supervisor John Gilding "heard."

Other witnesses said the communication was fine, but this particular supervisor decertified a qualified, competent controller WITHOUT LISTENING TO THE RECORDING OR EVER HEARING THE COMMUNICATION FIRSTHAND.

The supervisor then decided to take it a step further.  An impromptu quiz was administered to her.  I never had an impromptu quiz given to me in 29 years of federal service, and I never heard of one being given, or knew of someone who took one.  From the decision:

--Complainant provided evidence during the hearing which established that Mr. Gilding did not administer the impromptu verbal quiz to any male controllers during the relevant time period (July 1999).  I find that this evidence clearly demonstrates that Complainant was singled out and required to take the impromptu verbal quiz and that Mr. Gilding did not routinely utilize this method of ascertaining the knowledge base and skill level of his subordinates during the relevant time period.

--Complainant and various witnesses, all testified that they were not aware of any controller other than the Complainant who had been decertified based on a "non-operational" error.  I find that the Agency did not provide specific evidence to refute their testimony on this point.  I also find that this evidence supports the Complainant's testimony that she was singled out for harassment by Mr. Gilding.

--Complainant provided a significant amount of evidence which demonstrated that Mr. Gilding possessed a bias against women. 

--testified during the hearing that Mr. Gilding told them that, "women controllers do not move traffic well."

--testified that Mr. Gilding referred to Complainant as a *"b**ch" and a "c**t" during a meeting in August 1999.

Other quotes from the decision, that Mr. Gilding said in the presence of others:

"That's what the tower needs, another woman controller who can't do the job."

"She has so little self esteem in her appearance that she had to have her breasts enhanced..the only way she would succeed is because she is a woman with big breasts."

Now lets talk about credibility, and the obligation to be as truthful as possible at all times during an official investigation.  From the decision,

"Based on the demeanor of the witnesses during the hearing, I find that their testimony regarding Mr. Gilding's derogatory gender based statements are credible."

"In contrast, based on Mr. Gilding's testimony during cross examination and my observation of his demeanor, I do not find that his denials regarding the derogatory gender based statements are credible."

In the hearing, when Mr. Gilding was asked about the statements attributed to him by numerous witnesses, he was vague and evasive, and constantly answered he did not recall making the comments, or that he didn't know if it was possible or not he made them.  Remember the comments were all made between July and September of 1999.  Back to the decision:

"During the hearing Mr. Gilding's recollection of the events that occurred between July and September 1999 was excellent and he was able to provide detailed information regarding the specific reasons for Complainant's decertification and placement on remedial training. I do not find his testimony that he could not recall whether he made the above mentioned derogatory gender based statements about the complainant during the relevant time period are credible.  I further find that his reluctance to provide a definite "yes" or "no" response to questions about such statements further undermined his credibility."

So, Mr. Gilding's memory was perfect when it came to supporting his version of the story, but he suddenly suffered from amnesia when he was rightfully called out on the comments he made about Linda, and the names he called her.  The administrative law judge found him not credible.  In other words, he was lying under oath.

And the icing on the cake:

"I specifically find that Mr. Gilding made the above-mentioned derogatory gender based comments regarding the complainant.  I also find that these comments clearly demonstrate that Mr. Gilding possessed a bias against the Complainant because she is a woman.  Based on the preceding analysis, I find that Complainant has demonstrated a prima facie case of gender based harassment.  The Agency must now demonstrate that there is no basis to impose liability."

The EEOC  Administrative Law Judge and eventually the Equal Employment Opportunity Commission (EEOC) in Washington, DC, upheld the findings against all FAA appeals, and Marion Blakey finally dropped her objections.  Six figures were paid, the FAA was ordered to reconsider their decision not to discipline the supervisor, and that was that.

The EEOC Case Number is 350-2000-08328X, the Agency Case Number is DOT 6-00-6032.  The case decision was originally transmitted on January 29, 2004.  The FAA rejected the decision, and the EEOC then ordered the FAA to comply in September, 2005.  These are facts, and they are absolutely incontrovertible. 

What an amazing vindication!  Like our brothers in New York you would think, truly justice was served and the FAA would respect the rule of law and abide by this decision.  To quote from a February 10, 2003 reply to a Hotline call a full year before the decision, the Air Traffic Division Manager John Clancy said, "While we acknowledge we had differences, Ms. Peterson exercised her administrative options in accordance with law, rule, and regulation."  Harumph, Harumph.  What a load from that toad.  Yes, she did, John.  She took your punk-ass agency to court.  And those options resulted in a decision against the FAA.

Tragically, Linda was not able to celebrate this hard won victory.  You see, the working environment was so bad at the tower that two years earlier someone had defaced the obituary of Linda's mother that was posted in the facility.  How unspeakably cruel do you have to be to do that?

Additionally, someone had scrawled her operating initials on the inside of the tower elevator doors after she went forward bravely with her complaint, so that every time she went to work, they were staring back at her on the ride to the cab.  The FAA, of course, never removed the graffiti. 

Linda was a suffering soul, and after all the issues with fighting the FAA for years she succumbed to depression.  Linda had a bad day on January 12, 2003, and with the specter of a quick turnaround back to the midnight shift that evening, she left early.

Linda Peterson drove home, her mind no doubt racing.  She had heard nothing about her case, and every day at work she was probably forced to mentally relive the way the FAA had treated her. 

She arrived at her driveway just as she arrived at the end of her hope.  Linda Peterson drove up to her garage, raised the door, drove in, and closed it. 

She left her car running. 

Her housekeeper found her the next day. 

Tomorrow:  A Fate Worse Than Death, Part Two

Comments

[BigAL]

I've heard bits and pieces of this story over the last few years, and assumed (hoped?) that it was exagerrated, overblown, misinformed, twisted or maybe just an urban legend. I now know that the rest of what I heard -- what I'll probably read here tomorrow -- may also be true. And it is, indeed, sickening. The FAA upper management, especially ms blakey, should be ashamed. Ashamed on the most basic level of humanity. This story alone should be the basis of blakey resigning in disgrace. I'm a 40-something year old guy, and this dark story makes me want to cry.

[higher skilled set wannabe]

It makes me want to cry as well, Big Al, but it also strengthens the hatred...yes hatred, I feel for Ms. Blakey and her minions Johnson, Day, Ducharme, etc.

Controllers have shown incredible restraint over the last four years while they've been attacked, demeaned, and despised by political hacks and former controllers-turned arrogant, jealous know-it-alls who permeate the FAA's "leadership."

Rest in peace, Linda.

[TOP GUN's TOP PAY]

Name GILDING JOHN B
Pay plan FV (FAA CORE COMPENSATION PLAN)
State California
County Los Angeles County
Agency DEPARTMENT OF TRANSPORTATION
Duty station HAWTHORNE
2006 Base pay, adjusted $165,200

http://php.app.com/feds06/search.php

[lowskillset]

I'm shocked...SHOCKED! that Mr. Gelding (spelling?) has not suffered any pay cut because of this episode.

What a tragedy it is that this employee was subjected to this mistreatment to the point that it killed her and what absurdity it is that the management team in Arizona is so incompetent.

[Saddened]

Very sad story.

[ceceya]

As one who had a similiar thing happen, and took the EEO route as well, I have to say that the whole process is slanted in the FAA's favor. You have two weeks to respond to something, they have 12 weeks to respond. You have to keep constantly reliving the incident when going over notes and paperwork.They will just put the offender back in charge within a few days and expect you to deal with it. My case was not near as heinous as Linda's, and it took over five years to get it resolved. This horrible, tragic story is just another example of FAA Mismanagement and its effects on the employees. So much for accountablility!

[mikey G]

The FAA Website recently had a picture of Marion the Snake and the head of the AOPA. FAA and the head of the AOPA were Touting Marion the Snakes Legacy she will leave behind for the FAA. They were so proud well this story is Marions TRUE LEGACY!!! She has commited murder and will pay for it when she meets her maker. I hope the family members have access to all this info John because it sounds to me like some sort of criminal charges should be filed on that Stupervisor that helped kill this young Women.

[RIF'd AFSS'r]

Don't forget one of Marion's greatest hits...the Flight Service privatization debacle. She sharpened her teeth and claws with us and now she's using them to rip up the rest of ATC. It's going to end up costing more to run Flight Service than if it stayed FAA. As stations close, service suffers, and good people are shown the door even though they're still needed.

[babs]

eeo process is nothing but another process designed to protect incompetent management. file and retaliation is certain.

[I <3 the FAA]

That's the FAA for you.

F__k a trainee on your desk at work? Recommended two-week suspension, served with annual leave.

Make a public statement against the imposed work rules that f__k all trainees everywhere in the system? Buddy, you'd better hope they allow you to retire in the old pay bands.

World's best job, world's worst employer. I can't remember who first said to me, but it's just as true today as it was the first day I heard it.

[Darcy Simons]

The story is very true. I am the controller that was asked to pull the tape when it was reported that Linda did not perform her duties correctly. After I made a copy of the tape I asked John if he had listened to the tape. He said no. I told him you might want to listen to the tape because not only did Linda do her job but she went out of her way to ask the contoller if there was anything she could do to help.

[Husband of Wife of ATC]

When? When will justice be served?

Will My Beloved Agency's agents EVER be held accountable for this action? For ANY action over the last four years?

May God rest Ms Peterson. And I guess He will forgive Gilding and his supporters - because I don't think I can.

[no way]

I have stated that what the FAA management has done to our proud service is criminal. After reading this, I take it back. What they have done to us and those that follow is clearly mean spirited and full of ill intent. What they have done to this person and her family is indeed criminal. I only hope that if the courts of the USA do not bring charges and find all guilty, that the courts of heaven will and theirs will be paid in the end.

[Enough of it all]

Recently I was one of two women who have complained about a known woman hater/minority hater. This person did not change their colors even after getting a temp position. They (the FAA) only made it worse, knowing this person's history and beliefs and still promoting them to a position of power. After the latest round, I was told by the FAA that they could not discuss disciplinary action.....I found out the action 3 weeks later. They promoted this person to a permanent position. So in essence, with this promotion they have condoned and supported this person's beliefs and actions. It will only be a matter of time before this person's beliefs will rear it's ugly head again.

The FAA has never had accountability within it's management ranks. They want to act like a business.....well, this is place to start. Stop the **** up, move up mentality. Treat everyone like you treat the controller workforce.....think they made a mistake.....fire them but for god's sake stop enabling the practice by just sweeping it all under the rug or hoping that by giving the person another promotion to another place of power it will all go away. A tiger cannot change it's stripes. A sexist or racist doesn't stop being one either. How many more Lindas will there be? One was one too many.

[Bravo_Echo_November]

Truly infuriating.

[AccountabilityNow]

Poor Linda. This story is so sad and horrifying. How does that guy sleep at night? Sadly, it's a common practice in the FAA to condone abuse of subordinates. Didn't the acting manager of N90 impregnate a trainee? And didn't a sup at Denver have sex with an employee on company time? One wonders if these women felt under duress(especially the trainee!) and afraid to refuse their bosses advances. There is a sup at one of the NYC towers who has verbally abused, yelled and cursed at several women ON THE FLOOR WHILE THEY WERE WORKING TRAFFIC over the course of his career with absolute and utter impunity. Actually he did it to men too, but he, like Mr. Gilding, thought women had no place in ATC so they got more abuse. I think most of the women he harassed are gone but he's still there. And then they wonder why the EAS score is so dismal.

[criminal faa]

Gilding was recenty promoted from the position at the AWP regional office to "Finance Manager for the Phoenix Hub". The faa hierarchy continues to reward this low life scum for his crimes against Linda Petersen.

May God rest Linda's soul, and may Gilding burn in eternal hell.

[loser]

I think everyone should send him a big box of dog crap.

[D]

Absolutely disgusting! Management is supposed to be held to a higher standard. Yet they do things that we would be fired on the spot for and they get promoted. I find it hard to justify to myself why i still work for these heartless and malicious people. Makes me want to scream.

[lowskillset]

John,

Does this mean that the Model Work Environment (MWE) is officially over?

[John Fisher FAAMA]

This tragedy was one I had a front row seat for. If you're angry now, wait for Part 2.

Bob Marks

[One of the 5% (link repaired)]

One thing that I think goes unclarified regards the box on the form that went unchecked. For those not "on the inside," who might otherwise think, "Hey, what's the big deal? Just check the damn box and shut up!" -- the condition that went "unreported" by not checking the box HAD IN FACT been reported by an ENTIRE OTHER FORM that went to the SAME PERSON, namely the Regional Flight Surgeon.

The FAA's assertion was that the controllers involved failed to tell the left hand what the right was doing. In fact, only the left hand was involved, and if the left hand didn't know what the left hand was doing, there are greater problems in the FAA than _any_ of us could imagine.