A Fate Worse Than Death, Part Two
After Linda Peterson took her own life, the facility came apart. Many of Linda’s co-workers were witnesses in her EEO case and were intimately familiar with what had happened over the years.
Linda's co-workers and friends were on the one hand livid over the fact that the FAA had done nothing to stop the harassment, and on the other racked with guilt, as anyone in their situation would be.
You can imagine the thoughts...that maybe if some of them had stood up to the harassment they received from the same supervisor, Linda might still be alive. That maybe if they had come forward, or said something, or done something... It was awful. The supervisor was quietly moved out of the tower and booted upstairs, to the Western Pacific Regional Office in Southern California.
It was about one year later that the official decision in this case came down, and it seemed that our sister could finally rest in peace. Her allegations were thoroughly and impartially investigated, she was vindicated, the supervisor was found to be not credible, the FAA was chastised for its lack of action to fix the working environment, and now maybe things could move forward.
At this point, you would expect the FAA to respect the rule of law and the memory of their dead employee. At this point you would expect the agency to show a modicum of integrity, a shred of decency, a micron of compassion. You would be wrong.
Shortly after the decision came out, the FAA sprang into action. NATCA Western Pacific Regional Vice President Bob Marks was contacted and told that the supervisor involved in Linda's harassment was going back to Phoenix Tower, to his original position, in order to show support for him. Bob was further told that it was "a Headquarters decision," and that no one could do anything about it. Bob and other NATCA activists went ballistic at this possibility. They raised the ante, fought the agency at every turn, and with the permission of Linda's family they prepared to go public to the media concerning the story. The FAA relented, and the offending supervisor was left in LA.
Remember the part about the FAA having to prove they shouldn’t be held liable? They swung into action there, too, and squirmed and wiggled this way and that to avoid their responsibilities.
Your tax dollars went to pay for an FAA contracted forensic psychologist whose SOLE job was to engage in character assassination of a woman who was no longer alive to defend herself. His job? Smear Linda, and reduce the cash cost of damages.
Linda’s father took her place in the case, and was subjected to having to hear this hired goon try and destroy any shred of dignity his late daughter had. The FAA tried to evade responsibility by destroying her in front of her still grieving father.
What kind of human beings are these? This story should once and for all change the way we look at those currently in leadership at the FAA. Their efforts failed---AGAIN. They appealed it and failed---AGAIN. Eventually and finally, the FAA Administrator's team gave up on their efforts to ensure Linda’s loved ones and co-workers suffered as much as possible. Damages were assessed against the FAA which eventually reached into the low six figures.
The supervisor never did return to the tower as originally threatened, and remained at the Regional Office in Los Angeles. This was a man who lied under oath and manipulated the Training Order in order to harass and intimidate a subordinate woman...some say to death.
His feelings and biases about women in the workplace are now part of the official record in this case. The FAA can no longer claim innocence or ignorance. The FAA cannot close ranks around their despicable lout. The FAA is on full, complete written notice about this guy. They paid cash money, big time, to try and wash his stain out of their agency.
Amazing, isn't it? The FAA fires twelve of us for not checking a box on a form. They claimed in court that this heinous form-filling act was dishonesty, which they said strikes so severely at the heart of the employer-employee relationship that termination is the only option.
And yet---here you have a supervisor lie under oath, call women terrible names, contribute to a culture and a working environment that was brutal, unlawful and in retrospect may have contributed to a poor woman's demise, and he gets booted upstairs to the Regional Office in LA. He skates away, scot-free.
Last month, NATCA at Phoenix Tower had occasion to write their Facility Manager concerning Mr. Gilding, and their letter reads in pertinent part:
"Before Mr. Gilding was given a job in the Western-Pacific Region (the memorandum informing the bargaining unit of this action was dated August 27, 2003), NATCA had several grievances against Mr. Gilding for creating a hostile work environment at PHX.
Just in case you and the FAA need a refresher course in Mr. Gilding’s history of superior abuse, I have attached several documents (not everything because it would be entirely too large)including the decisions against the Agency for which Mr. Gilding was acting. I will also include in the following paragraphs some additional information concerning Mr. Gildings conduct while a supervisor at PHX.
On January 18, 2000 a bargaining unit employee filed a formal EEO complaint against Mr. Gilding for harassment and discrimination.
On February 23, 2003 Mr. Gilding had a meeting with a bargaining unit employee concerning possible discipline. At this meeting Mr. Gilding called another supervisor into the meeting to act as a witness while not affording the employee any type of representation. This was a violation of the employee’s rights. Less than a week before this same employee had filed an informal grievance with the assistant manager for operations at PHX accusing Mr. Gilding of harassing the employee.
A grievance was filed on February 27, 2003 which showed Mr. Gilding was discriminating against a Hispanic male and a Black male while not treating his “buddy” White male the same.
In a letter given to you by NATCA, the following information was given to you due to the fact Mr. Gilding continues to fail to adhere to his responsibilities and abuse his authority as a supervisor and continues to harass, intimidate, discriminate, and treat employees at Phoenix Tower unfairly.
1) August 1999, decertification of Linda Peterson leads to an EEO complaint being filed by Ms. Peterson against Mr. Gilding
2) November 1999, Mr. Gilding watches an operational error occur without taking action
3) June 2000, Mr. Gilding attempts to charge an individual with 8 hours of AWOL
4) December 2000, Mr. Gilding coordinates, then covers up an operational error requiring a hotline call
5) June 2001, Mr. Gilding made threatening remarks towards a potential witness in the pending Peterson EEO case [for which Mr. Gilding did not receive the proper penalty under the Conduct and Discipline Order—which states, #52 Reprisal or retaliation action against a complaint, representative, witness or other person involved in an EEO investigation, proceeding, hearing or other agency process (e.g. Accountability Board). First offense by a supervisor: 5-30 day suspension to downgrade and/or removal from supervisory position.
6) Summer 2001, several issues with Mr. Gilding not addressing requests in a timely manner on the Phoenix Tower daily worksheets and then when instructed by you to address the requests he is suppose to address, he maliciously denies all requests no matter their merit
7) January 2002, employee request to be removed from Mr. Gilding’s crew due to harassment by Mr. Gilding
8) July 2002, Mr. Gilding meets with two employees to explain why he is not in the tower cab very often
9) July 2002, Mr. Gilding attempts to blame a controller for a pilot deviation
10) August 2002, Mr. Gilding is improperly assigning CIC duties
11) August 2002, Mr. Gilding, purposely, is illegally recording conversations in the tower cab utilizing the “RB” button [Per the Conduct and Discipline Order 215b. FAA employees, in the conduct of their official duties, may not use secret recording or monitoring equipment of any kind or aid in or ignore the improper use of such equipment.]
12) August 2002, Mr. Gilding discriminates against two employees by wanting the full punishment for them while trying to get his “buddy” out of trouble when all three employees were accused of leaving the facility early
13) January 2003, Mr. Gilding has a meeting with his crew intimidating them and ultimately causes the flow requested to have to be changed whenever he is on duty
14) February 2003, CIC issues again with Mr. Gilding
15) February 2003, Mr. Gilding attempts to neglect his supervisory responsibilities by having a CPC call in overtime
16) February 2003, Discriminates and abuses his authority against an employee in the assignment of work
17) February 2003, Mr. Gilding lectures a supervisor in the ways in which Mr. Gilding wants the operation handled and employees treated [the supervisor disagrees vehemently with Mr. Gilding]
18) April 2003, Mr. Gilding informs his crew he is going to be recording conversations in the cab [in direct violation of laws, regulations, rules and/or the Conduct and Discipline Order].
On November 4, 2004 an EEOC Administrative Judge found the Agency (through Mr. Gilding’s actions) was guilty of discrimination on the basis of gender.
On September 21, 2005 the EEO Commission upheld the Administrative Judge’s decision and further stated, “The agency will consider taking disciplinary action against the supervisor for his conduct which was found to be discriminatory. The agency shall report this decision. If the agency decides to take disciplinary action, it shall identify the action taken. If the agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline.”
“Commission regulations state that each agency shall take appropriate disciplinary action against employees who engage in discriminatory practices.” What actions were taken against Mr. Gilding?
In addition to these past grievances, one only needs to talk to the minorities who are or who were at PHX during Mr. Gilding’s tenure as a supervisor to realize the extent of his discrimination, harassment and intimidation. An individual who was a supervisor during the same time period relayed a story of how Mr. Gilding was leaving for vacation and pointed to three individuals on the schedule and told that supervisor not to approved anything for those “fu*kheads.”
And why did Phoenix NATCA have occasion to write their Facility Manager last month?
Because the FAA had just announced a new Assistant Manager for Training at Phoenix Tower/TRACON: John Gilding.
Yes, you read that right: The man who used the Training Order to harass a subordinate, the supervisor with the 18-plus complaints against him, the supervisor the agency paid big money to cover up, is now in charge of all training in Phoenix. He was quietly moved back to the Phoenix area just a few weeks ago, where he maintained the house he never sold. He must have known he was eventually coming back.
Resist the urge to vomit, and instead email the FAA Administrator at
and weigh in on her tacit approval of this grossly inappropriate personnel move...the promotion of this miscreant, and his transfer back...to the scene of the crime.
EPILOGUE:
New Assistant Manager for Training Gilding has already participated in at least one training review board. The developmental controller is a military veteran and a new hire, straight into Phoenix, and was struggling on Clearance Delivery. (By the way, Phoenix is way too busy for a new hire, and the agency is idiotic beyond belief to put this kid in one of the busiest air traffic control towers in the world.)
Mr. Gilding asked the young man what he thought his problem was. The trainee replied that he thought he was transposing call signs.
Mr. Gilding then shocked everyone in the room by saying words to the effect of, "Do you know you can kill hundreds of people by transposing call signs? You can kill people." His manner was reminiscent to those who saw it...reminiscent of the last time John Gilding had supervised others in Phoenix.
The developmental was shaken, his confidence shattered. He is now exploring other employment opportunities. He isn't sure he wants to continue in the FAA as an air traffic controller.
