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LODGE 1858, AM. FED. OF GOV'T EMP. v. WEBB

Nos. 76-1821, 76-1934.

580 F.2d 496 (1978)

LODGE 1858, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, et al. v. James E. WEBB, Administrator, National Aeronautics and Space Administration, et al., Appellants. LODGE 1858, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, et al. v. James E. WEBB, Administrator, National Aeronautics and Space Administration, et al. Appeal of NATIONAL COUNCIL OF TECHNICAL SERVICE INDUSTRIES.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1978.

Rehearing Denied April 19, 1978.

Attorney(s) appearing for the Case

Gil Zimmerman, Special Atty., Dept. of Justice, Washington, D.C., for appellants in No. 76-1821.

Rex E. Lee, Asst. Atty. Gen., and Irving Jaffe, Deputy Asst. Atty. Gen., Washington, D.C., were on the brief for appellants in No. 76-1821.

Ronald R. Glancz and Harry R. Silver, Attys., Dept. of Justice, Washington, D.C., also entered appearances for appellants in No. 76-1821.

James F. Fitzpatrick, Washington, D.C., with whom Stephen M. Sacks, Washington, D.C., was on the brief, for appellant in No. 76-1934, also entered appearances for appellee, National Council of Technical Service Industries in No. 76-1821.

Edward L. Merrigan, Washington, D.C., for appellees.

Before Mr. Justice CLARK, of the Supreme Court of the United States, and MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

A reduction-in-force (RIF) was announced at the Marshall Space Flight Center in Huntsville, Alabama (Marshall and MSFC), on December 6, 1967.1 764 federal government employees were originally affected, though this was later reduced to only 166. The RIF procedure2 requires that employees be laid off only if they cannot...

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