This section contains the nature of the case and procedural background.

D called a strike, and the FAA applied to P to have their certification revoked under 7120(f). Revocation was granted, and PATCO sought judicial relief. Prior to oral argument before the D.C. Circuit court, the DOJ raised allegations that FLRA’s consideration was marred by ex parte communications. An evidentiary hearing uncovered numerous improper communications but concluded that there was no evidence indicating that they had affected the final decision. The D.C. Circuit court found two of the occurrences troubling.

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