Legal Opinion on Proposed Plan To Lessen Potential Workload

The Chief Counsel of the Federal Aviation Administration (FAA) requested a GAO opinion on a proposed plan to lessen the potential workload associated with numerous appeals or grievances that are expected to be filed in connection with approximately 30,000 planned furloughs. The proposed plan would permit the FAA Administrator to make a contingent determination in advance that, if an appropriate authority outside of FAA should make a final determination that the planned FAA furloughs are illegal, then the remedy granted in the case or cases litigated would be applied to other furloughed FAA employees who had not filed an appeal or grievance concerning the furlough action. GAO does not act on matters which are before a court or administrative forum during the pendency of litigation. Where the possibility of litigation is imminent, GAO will follow its practice of not acting, pending resolution of the litigation. Therefore, GAO believed it was inappropriate to issue a decision.