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NATIONAL AIR TRAFFIC CONTR. v. FED. SERV. IMPASSES

No. 05-5076.

437 F.3d 1256 (2006)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION AFL-CIO and Professional Airways Systems Specialists, AFL-CIO, Appellants v. FEDERAL SERVICE IMPASSES PANEL and Federal Labor Relations Authority, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 2006.

Attorney(s) appearing for the Case

William W. Osborne, Jr. argued the cause for appellants. With him on the briefs were Debra L. Willen, Marguerite L. Graf, and Michael D. Derby.

James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for appellees. With him on the brief was William R. Tobey, Acting Solicitor.

Andrew Steinberg, Chief Counsel, Federal Aviation Administration, argued the cause for amicus curiae Federal Aviation Administration in support of the appellees. With him on the brief were Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Kenneth L. Wainstein, U.S. Attorney, William G. Kanter and Edward Himmelfarb, Attorneys, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, and Paul M. Geier, Assistant General Counsel.

Before: GINSBURG, Chief Judge, RANDOLPH, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

HARRY T. EDWARDS, Senior Circuit Judge.

Congress established a distinct regulatory framework for collective bargaining between federal agencies and their employees under the Federal Service Labor-Management Relations Statute, 5 U.S.C. §§ 7101-7135 (2000). Within this statutory framework, the Federal Service Impasses Panel ("FSIP," "Impasses Panel," or "Panel") serves as a forum "of last...

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