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Administrative Law Keyed to Breyer
Professional Air Traffic Controllers Organization v. Federal Labor Relations Authority
Citation:
685 F.2d 547 (1982)Facts
In early 1981, PATCO and the FAA began negotiations for a new collective bargaining agreement. After a tentative agreement was rejected by PATCO’s membership, negotiations resumed in July 1981. When no agreement was reached, PATCO called a nationwide strike beginning August 3, 1981. Over 70% of air traffic controllers walked off the job, significantly disrupting air travel. The government obtained restraining orders against the strike and fired approximately 11,000 striking controllers who did not return to work by August 5.
The FAA filed an unfair labor practice charge with the FLRA on August 3. After expedited hearings, Chief ALJ Fenton found that PATCO had called, participated in, and condoned a strike in violation of federal law and recommended revocation of PATCO’s exclusive recognition status. PATCO argued it had insufficient time to prepare its defense and present mitigating evidence regarding working conditions and alleged bad-faith bargaining by the FAA.
The FLRA Members (Frazier, Applewhaite, and Chairman Haughton) reviewed the case and, in separate opinions issued October 22, 1981, affirmed the ALJ’s decision to revoke PATCO’s exclusive recognition status. During the FLRA’s consideration of the case, several ex parte communications occurred, including a dinner between Member Applewhaite and labor leader Albert Shanker, phone calls from Transportation Secretary Lewis to Members Frazier and Applewhaite, and a meeting involving Member Applewhaite and FLRA General Counsel Gordon.
After these contacts were revealed, the court ordered a special evidentiary hearing to determine their nature and effect. ALJ Vittone found that while improper communications had occurred, they did not affect the FLRA’s ultimate decision.
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