United States DC Circuit

In a case involving four air traffic controllers' pay dispute with the Federal Aviation Administration (FAA), dismissal of the suit is affirmed where: 1) under long-standing precedent, federal employees may not use the Administrative Procedure Act (APA) to challenge agency employment actions; 2) controllers identified only the APA as the statutory basis for their claims; and 3) such claims are precluded by the Civil Service Reform Act (CSRA) as a whole regardless of who brings them.

Appellate Information

• Argued 01/13/2009
• Decided 02/13/2009
• Published 02/13/2009

Judges

• Before:  HENDERSON, TATEL, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• George M. Chuzi argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Beverly M. Russell, Assistant U.S. Attorney, argued the cause for appellees.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Elizabeth J. Head, Attorney, Federal Aviation Administration.