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Administrative Law Keyed to Asimow
Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority
Citation:
685 F.2d 547 (1982)Facts
PATCO had been the exclusive bargaining representative for air traffic controllers employed by the FAA since the early 1970s. In 1981, PATCO and the FAA were negotiating a new contract after the expiration of their existing agreement. A tentative agreement reached in June 1981 was rejected by PATCO members. After renewed negotiations failed to produce an acceptable agreement, PATCO announced a strike deadline of August 3, 1981. On that date, over 70% of controllers nationwide walked off the job, causing significant disruptions to air travel. The government obtained restraining orders against the strike, and President Reagan gave striking controllers 48 hours to return to work or be terminated. Approximately 11,000 controllers who did not return to work by August 5 were fired.
On August 3, the FAA filed an unfair labor practice charge against PATCO with the FLRA. After expedited hearings, FLRA Chief Administrative Law Judge Fenton found that PATCO had violated federal law by calling and participating in a strike and by failing to take action to prevent or stop the strike. He recommended revocation of PATCO’s exclusive recognition status. The FLRA Members affirmed this recommendation on October 22, 1981, with Chairman Haughton initially dissenting but later concurring when PATCO failed to meet his conditions for ending the strike. During FLRA deliberations, several ex parte communications occurred, including a dinner between FLRA Member Applewhaite and labor leader Albert Shanker, and calls from Transportation Secretary Lewis to FLRA Members.
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