United States DC Circuit

In an action by an air traffic controllers' union against the Federal Service Impasses Panel (FSIP), the Federal Aviation Administration (FAA), and the Federal Labor Relations Authority, seeking both a declaratory judgment that the FSIP had jurisdiction over an impasse involving the FAA and an injunction requiring the FSIP to assert jurisdiction over all such pending and future impasses, dismissal of the action for lack of subject matter jurisdiction is affirmed in part where none of the relief sought by the union could be obtained from the FAA. However, the dismissal is reversed in part where, because the union did not seek review of a decision of either the FSIP or the General Counsel, the district court erred in dismissing the case for lack of jurisdiction.

Appellate Information

• Argued 12/04/2009
• Decided 06/01/2010
• Published 06/01/2010

Judges

• Before GINSBURG and TATEL, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

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


• For Appellees:
  
• 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.