California Aviation Attorneys

The Oakland Air Route Traffic Control Center, On A Radio Interview Broadcast To The Public

The Judge concluded that the Respondent violated section 7116(a)(1) of the Statute  by virtue of disparaging remarks about the employees' exclusive representative at that time, the Professional Air Traffic Controllers Organization (the Union), made by Erwin Buschauer, Chief of  the Oakland Air Route Traffic Control Center, on a radio interview
 broadcast to the public.  In so concluding, the Judge rejected the Respondent's defense that Buschauer's statements were protected by section 7116(e) of the Statute. The Complaint in Case No. 9-CA-581 alleges that Oakland Air Control Center, of the Federal Aviation Administration (hereinafter, "FAA" or the "Respondent"), by the chief of the named FAA facility, Erwin Buschauer,  made disparaging comments concerning PATCO West in a news
 broadcast, and thereby violated Section 7116(a)(1) of the Statute. Respondent does not deny that the statements were made by the chief of  the facility and broadcast;  but it claims that the statements did not  constitute a violation of Section 7116(a)(1), and were merely the  expression of personal views permitted by Section 7116(e) of the
 Statute. An air traffic controller, Charles Loren  Mullick, when he  heard a portion of the broadcast, called the radio station and  questioned the broadcaster.  The broadcaster gave him a copy of the  taped broadcast.  Mr. Mullick then took the tape to the facility of  Respondent and played it for a number of employees, during breaks.  Mr. Mullick is the Director of Public Relations for PATCO West.  He played  the tape for the employees at the facility because he "felt that the  people who worked at the Oakland Air Route Traffic Control Center should  be informed about what the Facility Chief thinks of them." (TR 13). The Vice President of Local No. 503, PATCO West, located at the Oakland, CA, Center, heard the taped radio broadcast at work and discussed the tape, at length, with bargaining-unit employees.  Four or five employees asked her about the tape;  and she played it for them. She wanted them to be prepared in case people asked questions about the broadcast.

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