PROFESSIONAL AIR TRAFFIC CONTROLLERS ORG. V. FEDERAL LABOR RELATIONS AUTH. 605 F.2d 547 (D.C. Cir. 1982) CASE BRIEF

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:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment