The motion for a temporary restraining order filed by the National Air Traffic Controllers Association against the United States on behalf of its members who have not been paid during the Federal Aviation Administration shutdown will be heard tomorrow (January 15) at 17:00 UTC.
Senior Judge Richard Leon will preside at the United States District Court for the District of Columbia in Washington DC at noon local time and consider the motion brought by Molly Elkin, a partner at Woodley & McGillivary on behalf of NATCA.
The union on Friday 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 FAA appropriations lapsed in late December.
NATCA claims the United States government has violated the Fifth Amendment to the United States Constitution in that the government has unlawfully deprived its 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’ – or temporary lay-offs – 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,” stated NATCA in a statement.
If not for the shutdown, NATCA members would have begun to receive direct deposit of their pay into their accounts last Friday.