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RUSSELL v. DEPARTMENT OF TRANSP., FAA

Appeal Nos. 85-1128 to 85-1132.

771 F.2d 493 (1985)

William S. RUSSELL, William M. Hetherington, Robert E. Henry, Daniel J. Houlihan, and Ronald E. Oswill, Petitioners, v. DEPARTMENT OF TRANSPORTATION, FAA, Respondent.

United States Court of Appeals, Federal Circuit.

August 30, 1985.

Attorney(s) appearing for the Case

Anthony A. De Corso, Los Angeles, Cal., argued for petitioners. With him on brief was Mark E. Beck, Los Angeles, Cal.

Eva M. Plaza, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With her on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner, Asst. Director, Washington, D.C.

Diane Liff, Asst. Gen. Counsel for Litigation, Dept. of Transp., Washington, D.C., of counsel.

Before FRIEDMAN, Circuit Judge, MILLER, Senior Circuit Judge, and NIES, Circuit Judge.

PER CURIAM.

On the basis of the Merit Systems Protection Board's opinion in each of these cases, we affirm the board's decision sustaining removal of petitioners for participation in a strike and unauthorized absence. 5 U.S.C. § 7703(c) (1982).

Petitioner Russell argues that his absence from work was involuntary due to his fear of not becoming certified in retaliation for failure to join the strike. However, such an argument was rejected in Johnson...

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