National Air Traffic Controllers Association v. Faa, 24-1748

Tyler A. Mack was hired as an air traffic controller trainee by the FAA and was dismissed while still in his one-year probationary period.
NATCA, the union, filed a grievance on Mack's behalf, ultimately taking the case to arbitration after the FAA upheld his removal.
The arbitrator denied the grievance, upholding the FAA's actions.
NATCA, not Mack personally, petitioned the Federal Circuit to review the arbitrator's decision.
The FAA moved to dismiss the petition on the grounds that NATCA lacked standing to appeal the arbitration outcome.
NATCA tried to join Mack as a party to cure the standing issue; FAA opposed this maneuver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether NATCA has standing to appeal	NATCA argues unions can represent members' claims	Only the employee may appeal an arbitrator’s award	NATCA lacks standing to bring the appeal
Whether joining Mack cures standing issue	Joinder of Mack as a party would allow case to proceed	Joinder is procedurally improper and ineffective	Joinder distinction makes no difference; dismissal still required

American Fed. of Gov't Employees, Local 1367 v. Dep't of the Air Force, 61 F.4th 952 (Fed. Cir. 2023) (unions lack standing to appeal arbitration awards; only the employee may appeal)
Reid v. Dep’t of Commerce, 793 F.2d 277 (Fed. Cir. 1986) (court repeatedly rejects associational standing arguments by unions)