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Administrative Law Keyed to Aman
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 PATCO members rejected a tentative agreement in June, negotiations resumed in July. When no satisfactory accord was reached, PATCO called a nationwide strike beginning August 3, 1981. Over 70% of air traffic controllers walked off the job, significantly reducing air traffic nationwide. The government obtained restraining orders against the strike and fired approximately 11,000 striking controllers who did not return to work by August 5.
On August 3, the FAA filed an unfair labor practice charge against PATCO with the FLRA. The FLRA General Counsel issued a complaint alleging violations of 5 U.S.C. § 7116(b)(7) and seeking revocation of PATCO’s certification. Chief ALJ Fenton conducted hearings and recommended revocation of PATCO’s exclusive recognition status. During the FLRA’s consideration of the case, several ex parte communications occurred involving FLRA Members, including contacts with Transportation Secretary Lewis and a dinner between Member Applewhaite and labor leader Albert Shanker.
On October 22, 1981, the FLRA issued its decision revoking PATCO’s exclusive recognition status. After allegations of improper ex parte communications surfaced, the D.C. Circuit ordered a special evidentiary hearing, which found that while improper contacts had occurred, they did not affect the FLRA’s ultimate decision.
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