Date: 202009
Local time of day: 1801-2400
Location: N90.TRACON, NY
Flight conditions: VMC
Aircraft: Commercial Fixed Wing
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Flight phase: Descent
Airspace: Class B EWR
ATC / advisory: TRACON N90
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Instrument; Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine
Human factors: Situational Awareness; Communication Breakdown; Workload; Confusion
Second reporter function: First Officer; Pilot Not Flying
Anomaly: ATC Issue All Types; Conflict Airborne Conflict
Detector: Automation Aircraft RA; Person Flight Crew; Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Returned To Clearance
Contributing factors: Human Factors; Staffing; Aircraft; Environment - Non Weather Related
Primary problem: Staffing

Narrative: At 8;000 feet; we were issued a 040 heading by Newark approach. After a few minutes on this heading; we received a Traffic Advisory on TCAS showing the traffic at our altitude 5 miles away at our twelve o'clock position. Both of us started to scan visually for the traffic and I asked the pilot monitoring to query the Controller. The Controller was so busy issuing instructions to other aircraft and not leaving any time for us to call him without stepping all over other transmissions. As the traffic approached 3 miles away; we received a Resolution Advisory at the exact same time that the Controller called us and issued us a descent to 4;000 feet. I disconnected the autopilot and started an immediate descent to 4;000 feet complying with the RA and the approach controller's instruction. During the descent; we acquired the traffic visually and estimate we were about 1-2 miles away and about 500 feet below and descending away from the traffic. Since the controller's clearance coincided with the Resolution Advisory there was no altitude deviation. As we leveled at 4;000 feet; we informed the Controller that we responded to an RA during our descent.Approach Controller issued us a vector off the arrival but not a descent. He was working too many aircraft; forgot about us on a heading at 8;000 feet and issued us our descent instructions from 8;000 feet to 4;000 feet too late to avoid a TA and RA.The Newark Approach Controller seemed extremely busy working all the aircraft in this area until handoffs to Newark Tower. Normally we are handed off to another Controller before Newark Tower. We had a hard time checking in with him during the handoff from Washington Center as well as when we needed to query him about the traffic advisory. He was leaving no time between transmissions to let other aircraft transmit. I believe his area of responsibility and all the aircraft he was working led to task saturation and he forgot about us on a 040 heading and at co altitude 8;000 feet with the approaching airplane. His descent instructions were probably about one to two miles late and this lead to the TA and RA event. I think this would have been prevented if this Controller was not working such a large area and volume of airplanes.


Second narrative: Talking to Newark Approach Control [Actually N90]; we were on an assigned heading of 040 deg at 8;000 feet. We got a traffic alert and saw that there was a target at our altitude just inside the 5 mile ring. I tried to query ATC; but he was so busy that I couldn't contact him. The next three things seemed to have happened almost simultaneously.  We got an RA starting monitor vertical speed; we saw the traffic; and ATC issued a descent to 4;000 feet.  The Captain turned off the autopilot and began a descent. We estimate that we were 1-2 miles away from the traffic with about 500 feet of vertical separation. It took me a while again to get a chance to notify ATC of the RA because he was so busy.I believe that the workload of the Controller was too high. Not only was he working too many aircraft; but the frequency was so congested that it was extremely difficult to initiate communication with him. I understand that the NY area airspace is extremely busy; but this seemed worse than other times that I have flown up there.I know that lately controllers have been working multiple sectors due to low traffic volume.  If that is the case in this instance; it is my opinion that the volume was too high for one controller to manage safely.


Synopsis: Air carrier flight crew reported experiencing an RA inbound to Newark and cited Controller workload as a contributing factor.