Robert J. Klein and Joseph F. Meehan v. Department of Transportation, Faa

FRIEDMAN, Circuit Judge.

This petition to review challenges the decision of the Merit Systems Protection Board (Board) affirming the Federal Aviation Administration’s removal of the petitioners from their positions as air traffic controllers for participation in the illegal 1981 air traffic controllers’ strike. We affirm and, because the appeal is frivolous, we assess costs and attorney’s fees of five hundred dollars ($500) against the petitioners and their attorney.

I

The basic facts relating to the air traffic controllers’ strike have been set forth in our opinion in Schapansky v. Department…