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AIR TRANSP. ASSN. OF AMERICA v. PROFESSIONAL AIR T

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF NEW YORK


April 13, 1970

Air Transport Association of America et al., Plaintiffs
v.
Professional Air Traffic Controllers Organization et al., Defendants. United States of America, Plaintiff v. Professional Air Traffic Controllers Organization et al., Defendants.

The opinion of the court was delivered by: JUDD

JUDD, D.J.: It appearing to the satisfaction of the Court that:

1. An order to show cause with temporary restraining order was signed in the first above entitled case on March 30, 1970;

2. A temporary restraining order in the second above entitled case was signed on April 1, 1970;

 3. An order extending the temporary restraining orders in both 70-C-400 and 70-C-410 were signed on April 9, 1970 extending the orders until 2:00 P.M. on April 19, 1970;

 4. The orders referred to in paragraphs "1" and "2", supra, restrained the defendants and others in concert with them from continuing or encouraging any stoppage of work at any air traffic facility operated by the Federal Aviation Administration, as more specifically set forth therein;

 5. Hearings are in progress on motions for preliminary injunctions in both cases and on an application by plaintiffs in the first above entitled case for an order holding the defendants in contempt for violation of the temporary order;

 Now, Therefore, it is Ordered:*

 I. That the defendant, Professional Air Traffic Controllers Organization ("Patco"), its officers, agents, servants employees and the individual defendants named in the full captions, copies of which are annexed hereto as Exhibit A, and any and all employees of the Federal Aviation Administration, whether or not affiliated with "Patco" and all other persons, in active concert or participation with the defendants, or any of them, be enjoined through and including 11:59 P.M. of the fourth day of May, 1970, unless otherwise extended.

 a. From in any manner continuing, encouraging, ordering, engaging, aiding or taking any part in any strike, work stoppage or slowdown or any interference with or obstruction to the movement or operation of any aircraft in air commerce or air transportation at any traffic facility operated by the Federal Aviation Administration, or interference with or obstruction to the application of the safety standards or procedures established by the Federal Aviation Administration for the regulation and control of air traffic in the United States of America;

 b. From in any manner interfering with or obstructing the orderly continuance of air traffic in the United States;

 c. From taking any action which would interfere with this Court's jurisdiction in the premises; provided, however, that nothing in this paragraph shall be construed to require an individual employee to render labor or service without his consent or to make the voluntary quitting of his labor or service by an individual employee, on his own initiative and not in concert an illegal act.

 II. That the defendant individuals named in the full captions herein who are employees of the Federal Aviation Administration forthwith resume performance of their regularly assigned employment; and that the Federal Aviation Administration permit them to do so without imposing any conditions; provided, however, that nothing in this paragraph shall be construed to require an individual employee to render labor or service without his consent or to make the voluntary quitting of his labor or service by an individual employee on his own initiative and not in concert with the defendants herein, an illegal act, and it is further Ordered:

 III. The present hearings for preliminary injunctions and an application by the plaintiff in the first above-entitled case for an order holding the defendants in contempt for violation of the temporary restraining order are adjourned until May 4, 1970; provided, however, that any party hereto may move for the reinstatement of those hearings before this Court at any time prior thereto on eighteen (18) hours telephone notice to counsel's offices. Notwithstanding the provisions of this paragraph, the parties shall have the absolute right to request the resumption of the hearings and present evidence in their behalf on the adjourned date; and it is further

 Ordered that the consent to this order shall not be construed as an admission against interest as to any of the signatory parties nor in derogation of any legal right possessed by any of them at the time of the entry of this order.

 IV. It is ordered that all defendant-employees of the Federal Aviation Administration, who have been served with process herein, who allege that any condition of physical, mental or emotional health precludes such person from reporting for normal duty at the Federal Aviation Administration are ordered and directed to report for physical and mental examination by a board of medical examiners appointed by this Court; and it is

 Ordered that such persons will report for such examinations at such time and such place as directed by this Court. The Court will appoint a chairman of the board of impartial medical examiners, which board shall conduct physical and/or psychiatric examinations of such defendant-employees of the Federal Aviation Administration as may be ordered to report to the board by this Court.

 V. Upon completion of such examination and evaluation thereof, the medical board will submit a report to this Court with respect to each person examined. The report shall certify the physical, mental and emotional capability to perform properly and safely the duties of an air traffic controller within the standards set forth in "Qualification Standards-Air Traffic Controller Series" dated August, 1968.

 VI. This Court shall retain jurisdiction in the premises.

19700413

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