NATCA SUES GOVERNMENT OVER FAILURE TO PAY MEMBERS FOR WORK PERFORMED DURING SHUTDOWN
NATCA Seeks Temporary Restraining Order for 5th Amendment Violation
WASHINGTON – This morning, the National Air Traffic Controllers Association, AFL-CIO (NATCA) filed a lawsuit in the United States District Court for the District of Columbia on behalf of its members who have not been paid for their work since the Federal Aviation Administration’s (FAA) appropriations lapsed in late December. Molly Elkin, Partner, at the Washington, D.C.-based law firm Woodley & McGillivary LLP, is counsel on the case.
NATCA requested an expedited hearing on its motion for a Temporary Restraining Order against the United States government for its violation of the Fifth Amendment to the United States Constitution. NATCA alleges that the government unlawfully deprived NATCA members of their earned wages without due process.
The suit also alleges violations of the Fair Labor Standards Act (FLSA) for failure to pay at least the minimum wage to air traffic controllers and other NATCA members who are excepted from the furloughs during the government shutdown. Finally, it alleges that the FAA failed to promptly pay overtime to NATCA members in violation of the FLSA. On behalf of its members, NATCA seeks an order requiring the government to pay its members for the work they have performed as well as liquidated damages.
The air traffic controllers, traffic management coordinators, and other excepted aviation safety professionals that NATCA represents remain on the job, dedicated to the safety of every flight, but they don’t know when they will receive their next paycheck. If not for the shutdown, NATCA members would have begun to receive direct deposit of their pay into their accounts as of this morning.
Additionally, approximately 3,000 NATCA-represented aviation safety professionals, who work across our bargaining units at air traffic control and other FAA facilities, have been furloughed for three weeks.
LINKS TO LEGAL DOCUMENTS:
TRO Motion: NATCA.org/tromotion
Filed Complaint: NATCA.org/filedcomplaint
Click Here for Current Update: NATCA’s Shutdown 5th Amendment Claim Withdrawn and FLSA Claims Refiled in the Court of Federal Claims
MORE INFORMATION: Doug Church, Deputy Director of Public Affairs; FOR TEXTING ONLY PLEASE 301-346-8245, firstname.lastname@example.org.
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The National Air Traffic Controllers Association (NATCA) is a labor union and aviation safety organization in the United States that represents nearly 20,000 highly skilled air traffic controllers, engineers, and other aviation safety-related professionals. NATCA was certified in 1987 by the Federal Labor Relations Authority to be the exclusive bargaining representative for air traffic controllers employed by the Federal Aviation Administration. Today, NATCA is one of the strongest labor unions in the federal sector and represents a range of aviation safety professionals in 15 FAA bargaining units, 4 Department of Defense air traffic facilities, and 102 federal contract towers. These air traffic controllers and other aviation safety professionals make vital contributions to the U.S. economy and make modern life possible by coordinating the safe, orderly, and expeditious movement of nearly one billion aviation passengers and millions of tons of freight within the National Airspace System each year. NATCA is headquartered in Washington, D.C., and is affiliated with the AFL-CIO.