Update: Agency Settles Unfair Labor Practice Over Illegal Interview
In April 2005, NATCA filed an unfair labor practice charge with the Federal Labor Relations Authority (FLRA) after a controller at Memphis Tower was forced to proceed with an investigatory interview without his requested representative (a NATCA labor relations attorney) present. Despite the fact that the controller had expressed ahead of time his concern that disciplinary action would result from the interview, the agency ejected the controller’s chosen representative from the room.
After the FLRA investigation revealed that there was merit to NATCA’s charge, the FAA decided to settle the case rather than consent to a hearing. In the settlement agreement, the FAA agreed that any information obtained during the illegal interview would not be relied upon to adversely effect the controller and that all records related to the interview would be removed from the controller’s personnel records.
Additionally, the agency is now required by the FLRA to post a notice at facility for a period of 60 days. The notice states that the FAA will recognize the requests of NATCA employees to be represented by a NATCA representative in similar meetings in the future, and that the FAA will not interfere with, restrain or coerce employees who exercise their statutorily provided rights.
