David McCollum, et al. v. Peter P.M. Buttigieg, Secretary,
Department of Transportation (FAA)

David McCollum v. Peter P. M. Buttigieg, Department of Transportation (Federal Aviation Administration),
Agency No. 5-04-5026; EEOC No. 450-2023-00004X (formerly 450-2007-00109X, and 310-2004-00322X).
The Administrative Judge approved the settlement in this action on April 6, 2023. There are four important items you must review as part of the settlement. They will explain your rights under the settlement, including that you MUST return the Claim and Release Form by June 1, 2023 to receive a settlement payment.

Please click “Submit Claim” at the top of this screen to review and submit the Claim and Release Form.

• This is the document that you must complete and return by June 1, 2023 to receive a settlement payment. Failure to complete and return the Claim and Release Form will make you ineligible for a settlement payment. This is a different document than the Questionnaire you may have previously returned between July and September 2022. To return the Claim and Release form, closely follow the instructions on page 1 of the Claim and Release Form.

Please click “Documents” at the top of this screen to access the following documents:

• Final Agency Order
  
  
  • The Administrative Judge overseeing this matter has approved the settlement as fair, adequate, and reasonable to the class as a whole. 29 C.F.R. § 1614.204(g)(4). The Federal Aviation Administration (“the Agency”) has now issued its Final Agency Order adopting the Administrative Judge’s findings. Review this notice carefully for more information.


• Notice of Right to Appeal to the Equal Employment Opportunity Commission (if you filed a petition to vacate the resolution)
  
  
  • This Notice is included in the Final Agency Order and is not a separate document.
    
    If you filed an objection to the settlement, also known as a petition to vacate (“petition”), you have the right to appeal the Administrative Judge’s decision approving the settlement to the Equal Employment Opportunity Commission. Review this notice carefully for more information. If you did not file a petition, this notice is inapplicable.


• Notice of Right to File a Complaint in Federal Court
  
  
  • This Notice is included in the Final Agency Order and is not a separate document.
    
    You may have a right to file a complaint in federal court, and a court may determine that such a right does not exist. A class member who is considering whether to file a complaint in federal court may wish to consult with individual counsel concerning whether such right exists and the timing of when the complaint should be filed. If you file in federal court, you will release any right to a settlement payment under this action, you take the risk that your complaint will be dismissed by the federal court, and you take the risk that you will receive nothing. There is no guarantee that you will receive any payment in federal court proceedings. Review the Notice of Right to File a Complaint in Federal Court carefully for more information. Please note that, if you decide to file a lawsuit in federal court, class counsel will not represent you in that case.

If you have any questions about the settlement, please contact Class Counsel, Jeff Atchley at jeffatchley@gmail.com, or Reena Desai at rdesai@nka.com.

PLEASE DO NOT CONTACT THE ADMINISTRATIVE JUDGE DIRECTLY
WITH QUESTIONS ABOUT THE SETTLEMENT.