Arnold Haje v. Robert E. Hampton, Chairman

This case concerns the legality of a personnel policy adopted by the Federal Aviation Administration (“FAA”), that requires lower-level air traffic control specialists to qualify for promotion or face possible dismissal from the civil service. The United States District Court for the Eastern Dis trict of New York, Mark A. Costantino, J., granted summary judgment in favor of the FAA, and for the reasons set forth below we affirm.

The facts are undisputed. The FAA hired appellants Thomas Bevilacque, Arnold Haje, Louis C. Resler, and John J. Shannon during late 1969 and 1970 as air traffic…