U.S. v. PROFESSIONAL AIR TRAFFIC CONTROLLERS

No. 80-2854.

653 F.2d 1134 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION (PATCO); Professional Air Traffic Controllers Organization, O'Hare Local # 316 (Patco O'Hare); The Officers, Agents, Directors, Managers, Servants and Members of Both Patco and Patco O'Hare; John M. Paolino, Richard L. Scholz, Tom Brockett, John Doe and Richard Roe, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 18, 1981.

As Corrected June 18, 1981.


Attorney(s) appearing for the Case

Linda A. Wawzenski, Frederick H. Branding, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellant.

Richard J. Leighton, Washington, D. C., for defendants-appellees.

Before SWYGERT and BAUER, Circuit Judges, and CRABB, District Judge.


SWYGERT, Circuit Judge.

The issues presented in this case are (1) whether Title VII of the Civil Service Reform Act, 5 U.S.C. §§ 7101-35, covering federal labor-management relations, preempts the jurisdiction of district courts under 5 U.S.C. § 7311, which prohibits strikes by employees of the Government of the United States, and (2) if there is no preemption, whether strike activity by such employees can...

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