Date: 201602
Local time of day: 0001-0600
Location: LGA.Airport, NY
Weather elements / visibility: Turbulence; Windshear; Thunderstorm
Light: Night
Aircraft: EMB ERJ 170/175 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Initial Climb; Final Approach
Airspace: Class B NYC
ATC / advisory: TRACON N90; Tower LGA
Second aircraft: Regional Jet 200 ER/LR (CRJ200)
Reporter organization: Government
Reporter function: Local
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Situational Awareness; Communication Breakdown
Second reporter function: Captain; Pilot Not Flying
Anomaly: Conflict Airborne Conflict; Deviation - Altitude Excursion From Assigned Altitude; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance; Inflight Event / Encounter Weather / Turbulence
Detector: Automation Aircraft RA; Person Air Traffic Control
Result: Air Traffic Control Issued New Clearance; Air Traffic Control Separated Traffic; Air Traffic Control Issued Advisory / Alert; Flight Crew FLC complied w / Automation / Advisory; Flight Crew Executed Go Around / Missed Approach; Flight Crew Diverted
Contributing factors: Airspace Structure; Procedure; Weather
Primary problem: Weather

Narrative: An aircraft departed on the climb and on the upwind leg. Aircraft X executed a missed approach due to wind. I instructed Aircraft X to turn left heading 040 to avoid conflict with the departure. Aircraft X said standby. I said again immediately turn left 040 degrees to Aircraft X and he said turn left 040. I observed Aircraft X going to 040 heading then he went to a 090 heading on his own and that caused him in conflict with the departure. I gave traffic to the aircraft. Aircraft X said he was responding to an RA and descending to 2000 feet. TRACON advised the tower cab coordinator position to instruct Aircraft X to fly a 360 degree heading and contact approach. I gave the aircraft those instructions and he read back 3000 feet. Then I switched him.TRACON informing the tower about arrivals a minimum of 10 miles out. The pilot should have complied with my control instruction as opposed to deviating from the control instructions.


Second narrative: Strong gusty winds approximately (15023G29) Rain and 400 feet ceiling. We set up and briefed the approach during the hold. On our way in we decided only one attempt then divert. The approach was very bumpy due to strong winds and weather in the area. Shortly after descending below 1;000 feet on final we got wind shear. The first officer was the flying pilot. We initiated wind shear recovery procedure. After setting Full Thrust and Spoilers In; I quickly broadcast '........going around wind shear'. (Mistake on my part; Aviate Navigate Communicate; it got very distracting while I was trying to make my callouts with tower giving us climbing instructions.)As we were trying to clean up the airplane after escaping the wind shear I told the tower to 'Stand By' since they were still trying to give us instructions. We finished the recovery procedure at about 2700 feet and I instructed the First Officer to descend back to the missed approach altitude. I then contacted tower 'what heading would like us to turn to'. Tower instructed us to climb to 3000 feet fly heading 040. Established on the heading and level at 3;000 feet there happened to be a break in the clouds and I spotted another aircraft at 12:00 o'clock. I pointed it out to the First Officer.Tower then gave us a frequency change. We went IMC again and as soon as I changed frequencies the controller was giving us '......TURN LEFT IMMEDIATELY CLIMB TO 5000.' The tone in his voice communicated that it was a dire situation! We then got an 'RA'. I set 5000 feet as the First Officer initiated a tight left turn and hard climb. While I was keeping track or our bank angle; pitch attitude and the RA our airplane and the RA symbol where converging. I thought 'this is it we are going to hit the other plane.' AS I was waiting to hear the crunch of metal I kept repeating to the First Officer. 'Keep her climbing keep her turning your doing good'. Maybe more to my benefit than his. We cleared the conflict and leveled at 5000 feet.Threats:Bad weatherStrong gusty windsCongested airspaceDid not properly follow wind shear procedure my contacting ATC during procedure.Lessons Learned:During wind shear don't communicate till out of the event. (Aviate; Navigate; Communicate). Brief wind shear recovery procedures anytime there is a possibility of wind shear that way the procedure will be fresh in memory.


Synopsis: An aircraft conducted a Go Around due to wind shear. The aircraft climbed above the missed approach altitude and turned to a different heading than was assigned by ATC.