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ANDERSON v. DEPARTMENT OF TRANSP., F.A.A.

Appeal Nos. 85-1146, 85-1824, 85-2814, 85-2821.

827 F.2d 1564 (1987)

Terry L. ANDERSON, et al., Leigh Anderson, et al., Allan A. Broholm, et al., and Rudolf C. Radnoff, Petitioners, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

September 3, 1987.

Attorney(s) appearing for the Case

Richard J. Leighton, Buchanan Ingersoll, Professional Corporation, Washington, D.C., argued for petitioner Leigh Anderson, et al. With him on the brief were Glenn P. Sugameli, Risa D. Sandler and Margaret S. Dailey.

Gary Klein, Hannon & Trepel, Silver Spring, Md., argued for the petitioners in appeal numbers 85-1146, 85-2814 and 85-2821. With him on the brief was Phillip Wood, Pasky & Wood, Aurora, Illinois.

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

Before BALDWIN, Senior Circuit Judge, NIES and ARCHER, Circuit Judges.

PER CURIAM.

Petitioners appeal from the decisions of the Merit Systems Protection Board (MSPB or board) sustaining their removals by the Federal Aviation Administration (FAA) from positions as air traffic controllers. We affirm.

Background

A. Proceedings before the MSPB.

The petitioners were removed as air traffic controllers with the FAA for participating in a strike against the United States,1 in violation...

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