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NAT. AIR TRAFFIC CONTROLLERS v. FED. SER. IMPASSES

No. 08-5479.

606 F.3d 780 (2010)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO, Appellant v. FEDERAL SERVICE IMPASSES PANEL, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2010.

Attorney(s) appearing for the Case

William W. Osborne Jr. argued the cause for appellant. With him on the briefs were Marie Louise Hagen and Marguerite L. Graf.

James F. Blandford, Attorney, Federal Labor Relations Authority, argued the cause for appellees Federal Service Impasses Panel and the Federal Labor Relations Authority. With him on the brief were Rosa M. Koppel, Solicitor, and William R. Tobey, Deputy Solicitor.

R. Craig Lawrence and Beverly M. Russell, Assistant U.S. Attorneys, and Michael Doherty, Attorney, Federal Aviation Administration, were on the brief for appellee Federal Aviation Administration.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

When the National Air Traffic Controllers Association (the Union) and the Federal Aviation Authority reached an impasse in collective bargaining, the Union sought the aid of the Federal Service Impasses Panel. The FSIP declined to assert jurisdiction, whereupon the Union sued the FSIP, the FAA, and the Federal Labor Relations Authority, seeking both a declaratory judgment that the FSIP had jurisdiction...

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