Fred Shuffler and National Air Traffic Controllersassociation, Meba/nmu, Afl-cio, Petitioners, v. Department of Transportation and Federal Aviationadministration, Respondents, 935 F.2d 279 (Fed. Cir. 1991)

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US Court of Appeals for the Federal Circuit - 935 F.2d 279 (Fed. Cir. 1991) April 11, 1991

Before LOURIE, CLEVENGER and RADER, Circuit Judges.



LOURIE, Circuit Judge.

The Department of Transportation moves for a remand to correct an "inadvertent oversight," i.e. to submit to the arbitrator evidence of the Office of Personnel Management's (OPM's) approval of the Federal Aviation Administration's (FAA's) Performance Appraisal System. Shuffler et al. oppose the motion.

Upon consideration thereof,


The Department of Transportation's motion for remand is hereby granted in modified form and the case is remanded to the arbitrator to consider whether to accept new evidence on the issue of OPM's approval of the FAA's Performance Appraisal System.