PROFESSIONAL AIR TRAFFIC CONTROLLERS ORG. V. FEDERAL LABOR RELATIONS AUTH.
685 F.2d 547 (D.C. Cir. 1982)
NATURE OF THE CASE: PATCO (D) sought review an order of FLRA (P) finding that D had
committed unfair labor practices in violation of the Civil Service Reform Act, 5 U.S.C.S. §
7116(b)(7)(A), (B), and revoking D's authority as an exclusive collective bargaining
representative.
FACTS: D called a strike and the FAA applied to P to have their certification revoked
under 7120(f). Revocation was granted and PATCO sought judicial relief. Prior to oral
argument before the D.C. Circuit court, the DOJ raised allegations that FLRA’s consideration
was marred by ex parte communications. An evidentiary hearing uncovered numerous improper
communications but concluded that there was no evidence indicating that they had affected
the final decision. The D.C. Circuit court found two of the occurrences troubling.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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