Harris v. Federal Aviation Admin., No. 02-5304 (D.C. Cir. Jan. 13, 2004), Henderson, J., joined by Tatel, J. and Roberts, J.

The Court found that the Federal Aviation Administration=s recruitment notice was a final agency action. However, the plaintiffs filed suit after the six-year statute of limitations expired, so the District Court lacked subject matter jurisdiction over the claims. The case arose when the plaintiffs, who were air traffic controller strikers who were fired and then rehired under a 1993 Recruitment Notice sue the agency alleging that the decision to rehire them at the GS-9 level, rather than their pre-termination grades, was arbitrary and capricious. The suit commenced in 2001 and therefore was outside the limitations period.

Manner of Addressing Parties is Negotiable Association of Civilian Technicians v. Federal Labor Relations Auth., No. 03-1083 (D.C. Cir. Jan. 9, 2004), Edwards, J, joined by Sentelle; Henderson, J. (concurring).

A bargaining proposal tendered by a union to an employer stating the manner in which management representatives should address union agents during collective bargaining negotiations was negotiable. The union's proposal did not regulate the substantive conditions of employment of management officials or other non-union people B it only established the standards for governing union/management interactions.

Newsletter Volume: 
Newsletter - January 2004