U.S. Court of Appeals for the Federal Circuit, 1986

Garcia v. Department of Transportation

U.S. Court of Appeals for the Federal Circuit · Decided April 16, 1986

795 F.2d 66 (Federal Reporter, Second Series)

Counsel

Richard J. Leighton, Risa D. Sandler and Margaret S. Dailey, of Mayberry and Leighton, Washington, D.C., submitted for petitioner., Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner, Commercial Litigation Branch, Dept, of Justice, of Washington, D.C., submitted for respondents.

Cases that cite this one

1 later published case cites this decision.

Dennis S. Garcia v. Department of Transportation, Faa (Fed. Cir. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Petitioner Garcia petitions from his removal for being AWOL during the Air Traffic Controller’s Strike. Petitioner had been on scheduled leave until August 10, 1981. On August 6, as a result of the strike situation, his supervisor called him at home and ordered him to report back to work the next morning. Petitioner did not follow that order. We affirm the decision removing petitioner from his job for being AWOL, his leave having been properly can-celled, see Letenyei v. Dept. of Transportation, FAA, 767 F.2d 898 (Fed.Cir. 1985), and even though he was not participating in the strike, because petitioner was aware of the agency’s operational emergency yet disobeyed the direct order given him the day before to return to work. See Dewitt v. Department of the Navy, 747 F.2d 1442, 1444-45 (Fed.Cir. 1984). The decision petitioned from is not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, or otherwise not in accordance with law. 5 U.S.C. § 7703.

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.