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PATCO v. FEDERAL LABOR RELATIONS AUTHORITY

No. 81-2135.

685 F.2d 547 (1982)

PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, Federal Aviation Administration, Ronald W. Haughton, Albert Shanker, Henry B. Frazier, III, Leon B. Applewhaite, Intervenors. PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent, Federal Aviation Administration, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1982.

Attorney(s) appearing for the Case

Richard J. Leighton, Washington, D. C., with whom Neal Goldfarb, Washington, D. C., was on the brief, for petitioner. R. Russell Bailey, Washington, D. C., also entered an appearance for petitioner.

Anthony J. Skirlick, Jr., pro se, as amicus curiae urging reversal.

Mary Elizabeth Medaglia, Acting Sol., Federal Labor Relations Authority, Washington, D. C., with whom William E. Persina and William R. Tobey, Attys., Federal Labor Relations Authority, Washington, D. C., were on the brief, for respondent.

Mark H. Gallant, Atty., Dept. of Justice, Washington, D. C., with whom Stanley S. Harris, U. S. Atty., Charles F. C. Ruff, U. S. Atty., at the time the briefs were submitted, William Kanter and Frederick Geilfuss, Attys., Dept. of Justice, Washington, D. C., were on the brief, for intervenor, F. A. A.

James R. Rosa, Washington, D. C., was on the brief for amicus curiae, American Federation of Government Employees, urging reversal.

Stephen A. Weitzman, Washington, D. C., for amici curiae, Hugh McClure, John Hough and Jerrold Tierney, urging remand.

Barry L. Leibowitz, Washington, D. C., for intervenor, Ronald W. Haughton.

John G. Kester, Michael S. Sundermeyer, Washington, D. C., for intervenor, Henry B. Frazier, III.

Nathan Lewin, Washington, D. C., with whom Jonathan B. Sallet, Washington, D. C., was on the brief, for intervenor, Albert Shanker.

Peter G. Nash, Washington, D. C., for intervenor, Leon B. Applewhaite.

Before ROBINSON, Chief Judge, MacKINNON and EDWARDS, Circuit Judges.

                  TABLE OF CONTENTS

                                                  Page

 I. Background .................................... 551

    A. The PATCO Strike ........................... 551
    B. Federal Labor Relations Authority
       Proceedings ................................ 552

II. Ex Parte Communications During the FLRA
    Proceedings ................................... 556

    A. A.L.J. Vittone's Findings .................. 557...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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