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Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority

685 F.2d 547 (D.C. Cir. 1982)

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Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority

United States Court of Appeals for the District of Columbia Circuit

685 F.2d 547 (D.C. Cir. 1982)

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Facts

The Professional Air Traffic Controllers Organization (PATCO), the exclusive bargaining representative for air traffic controllers employed by the Federal Aviation Administration (FAA), called a nationwide strike of air traffic controllers against the FAA. The Federal Labor Relations Authority (FLRA) issued a complaint of unfair labor practices against PATCO, and sought revocation of PATCO’s certification under the Civil Service Reform Act (Act). After a hearing before an administrative law judge (ALJ), the FLRA heard briefs and arguments on the ALJ’s recommendation to revoke PATCO’s certification as exclusive bargaining representative for the air traffic controllers. The FLRA then decided to revoke PATCO’s status, and the union appealed. Before reaching the merits of PATCO’s claim, the court remanded the case to an ALJ with the Civil Aeronautics Board to review PATCO’s allegations that FLRA members engaged in improper ex parte communications about the PATCO strike during the agency’s consideration of the case.

Rule of Law

Issue

Holding and Reasoning (Edwards, J.)

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