Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
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Secretary of Labor v. Brian English, employed by Barnes Paving Company, Inc.
Default reopened after petition went to wrong address
Brian English said he sent a notice contesting a proposed individual penalty, but he later defaulted after failing to answer the Secretary's penalty petition. English stated that he received no further correspondence until a collection agency contacted him. The Secretary confirmed that the petition…
Charles River Pollution Control District
In re Charles River Pollution Control District (EAB NPDES Appeal No. 14-01): Municipal satellite systems upheld as co-permittees
Charles River Pollution Control District operated a wastewater treatment plant in Medway, Massachusetts, that received wastewater from satellite sewer systems owned by four towns. The towns and the Upper Blackstone Water Pollution Abatement District challenged their inclusion as co-permittees on…
Secretary of Labor v. Freeport-McMoRan Tyrone, Inc.
Default reopened during settlement discussions
Freeport-McMoRan Tyrone asked the Commission to reopen a penalty proceeding that defaulted when the company did not answer the Secretary's petition or the Chief ALJ's show-cause order. Freeport explained that ongoing discussions with the Secretary, which produced a proposed settlement, contributed…
G.S. and U.S. Postal Service, Post Office, Green Tree, PA
G.S. and U.S. Postal Service (ECAB 14-1997): Recurrence claim denial affirmed
G.S., a postal letter carrier, had an accepted right knee meniscus injury and returned to full duty after surgery. Years later, he sought compensation for renewed knee problems. His doctor linked the current degeneration generally to an earlier ligament injury, but OWCP had not accepted that…
C.B. and U.S. Postal Service, Post Office, Federal Way, WA
C.B. and U.S. Postal Service (ECAB 14-1965): Emotional-condition denial affirmed
C.B., a postal mail handler, attributed depression and anxiety to alleged supervisory treatment. OWCP recognized one supervisor’s remark as a work factor but found that her doctors did not adequately explain how it caused or aggravated her conditions; a second-opinion psychiatrist found no causal…
T.S. and Department of the Navy, Fire Station, San Diego, CA
T.S. and Department of the Navy (ECAB 14-1932): Back injury claim sent for further review
T.S., a Navy firefighter, reported back pain after reaching to lift an oil pan at work. OWCP accepted that the event occurred but denied the injury claim for insufficient medical evidence of causation. The Board found that his doctor diagnosed a lumbar disc condition and supplied an opinion linking…
S.H. and Department of the Army, Installation Management Command, Joint Base Lewis-McChord, WA
S.H. and Department of the Army (ECAB 14-1737): Abdominal injury claim denied
S.H., an Army materials worker, reported abdominal pain while carrying and stacking equipment at work in 2009. Later examinations identified abdominal muscle separation and hernias. The Board found that the initial examination recorded pain without a qualifying diagnosis, and that later physicians…
C.M. and U.S. Postal Service, Post Office, Pasco, WA
C.M. and U.S. Postal Service (ECAB 14-1716): Recurrence claim sent back
C.M., a postal mail processor with an accepted back injury, claimed a recurrence of disability when her limited-duty assignment ended. OWCP evaluated the claim as a request to change an earlier wage-earning capacity determination. The Board found that OWCP had already rescinded that determination…
L.M., Executrix of the Estate of W.M., and Department of the Army, Army Depot, Corpus Christi, TX
Estate of W.M. and Department of the Army (ECAB 14-1677): Chemical-exposure claim denied
L.M., representing W.M.’s estate, pursued his claim that exposure during Army aircraft work caused colon cancer, diabetes, and peripheral neuropathy. The impartial physician accepted some exposure to Agent Orange and other chemicals, and the Board found his opinion well grounded in the record. It…
G.B. and U.S. Postal Service, Processing & Distribution Center, Bethlehem, PA
G.B. and U.S. Postal Service (ECAB 14-1586): Late reconsideration denial affirmed
G.B., a postal electronics technician, sought reconsideration of a denied claim for neck symptoms after working on a machine. OWCP received his request after the one-year deadline. The Board found that his medical records did not show clear error in the earlier finding that the work event had not…
J.E. and U.S. Postal Service, Post Office, Woodville, WI
J.E. and U.S. Postal Service (ECAB 14-1502): Shoulder injury claim denied
J.E., a postal employee, said a damaged shelf struck or strained her left shoulder while she handled a cart at work. The Board found that the shelf incident occurred but that the medical reports did not adequately explain how it caused her diagnosed shoulder conditions. It also noted the delay…
United States Department of Homeland Security, U.S. Citizenship and Immigration Services (Agency) and American Federation of Government Employees, National Citizenship and Immigration Services, Council 119 (Union)
USCIS and AFGE Council 119 (FLRA 0-AR-5040): Performance-award information dispute remanded
USCIS provided its union with performance-award data but refused to identify the award recipients, saying that doing so could reveal employee performance ratings in violation of the Privacy Act. An arbitrator found that the agency breached a memorandum of agreement and committed an unfair labor…
Secretary of Labor on behalf of Gary Kittelson v. Northern Aggregate, Inc.
Temporary reinstatement reduction and expedited hearing denied
Northern Aggregate asked to reduce Gary Kittelson's temporary economic reinstatement from $1,716 per week to about $600 per week because the company said winter operations brought lower hours and pay. Judge John Kent Lewis held that pay stubs for one miner did not prove that all comparable miners…
Mawhinney v. Transportation Workers Union
Interim appeal denied on reconsideration
Robert Steven Mawhinney asked the Board to review a Labor Department judge's decision to defer scheduling a hearing in his aviation whistleblower case while a related case was pending. The Board had dismissed his interim appeal after mistakenly concluding that he missed a response deadline, but…
L.B. and Department of Veteran Affairs, Edith Nourse Rogers Memorial Veterans Hospital, Bedford, MA
L.B. and Department of Veteran Affairs (ECAB 14-2064): Reconsideration denied
L.B., a Veterans Affairs nursing assistant, had claimed an injury after slipping on a wet floor at work. OWCP denied the claim, then later received a form on which she marked a request for reconsideration. The Board found that the form supplied no new relevant evidence or legal argument and did not…
A.H. and U.S. Postal Service, Processing & Distribution Center, Chattanooga, TN
A.H. and U.S. Postal Service (ECAB 14-2034): Arm impairment awards sent back
A.H., a postal mail handler with accepted carpal tunnel conditions, received a three percent left arm schedule award and no right arm award. The Board found that OWCP’s medical adviser did not explain the left arm calculation or the conclusion that the right arm had no ratable impairment. The…
R.B. and U.S. Postal Service, Post Office, Baltimore, MD
R.B. and U.S. Postal Service (ECAB 14-1911): Reconsideration denial affirmed
R.B., a postal clerk, claimed that lifting and pushing at work aggravated neck and back conditions. After OWCP denied the claim, she submitted lumbar MRI images and a questionnaire in support of reconsideration. The Board found that those materials did not supply a physician’s explanation linking a…
K.J. and Department of Veterans Affairs, Veterans Health Administration, Lyons Campus, Lyons, NJ
K.J. and Department of Veterans Affairs (ECAB 14-1886): Benefit termination affirmed
K.J., a Veterans Affairs library technician, had accepted bilateral carpal tunnel syndrome and underwent surgery. Her employer offered a modified library job with limits on lifting and repetitive wrist movements. The Board found that the job fit the restrictions set by OWCP’s examining physician…
T.J. and U.S. Postal Service, Post Office, Oakland, CA
T.J. and U.S. Postal Service (ECAB 14-1854): Claim remanded for evidence review
T.J. appealed OWCP’s refusal to accept a condition as related to postal work. He had submitted several physician reports addressing causation before OWCP decided his reconsideration request. The Board found that OWCP had reviewed two reports but overlooked three others received before its decision…
M.R. and Department of Justice, Bureau of Prisons, U.S. Penitentiary, Atlanta, GA
M.R. and Bureau of Prisons (ECAB 14-1836): Reconsideration denial affirmed
M.R., a Bureau of Prisons employee, sought a schedule award for impairment associated with accepted lumbar conditions. OWCP denied the award and later refused to reopen the claim on reconsideration. The Board found that his submissions did not provide a relevant impairment rating or new legal…
R.K. and Department of Veterans Affairs, Northport Veterans Administration, Northport, NY
R.K. and Department of Veterans Affairs (ECAB 14-1830): Knee injury claim denied
R.K., a Veterans Affairs maintenance worker, reported that his left knee buckled while lifting at work. OWCP accepted that the incident occurred, and the record showed arthritis and later knee surgery. The Board found that the physician reports did not explain whether the work event caused or…
A.G. and Department of Veterans Affairs, Jesse Brown Medical Center, Chicago, IL
A.G. and Department of Veterans Affairs (ECAB 14-1799): Benefit termination affirmed
A.G., a Veterans Affairs air conditioning mechanic, had accepted back conditions from two work injuries and received compensation. OWCP ended wage-loss and medical benefits after an impartial examiner found that the accepted injuries had resolved and that he could return to full duty. The Board…
B.B. and Department of Defense, Defense Logistics Agency, Fort Belvoir, VA
B.B. and Defense Logistics Agency (ECAB 14-1721): Back claim records ordered combined
B.B., a Defense Logistics Agency worker, sought compensation for renewed back disability. OWCP denied the recurrence claim after considering an accepted back strain, but she also had an earlier accepted claim involving a lumbar disc herniation. The Board found that medical evidence in the earlier…
A.R. and U.S. Postal Service, Bay Valley Performance Cluster, Oakland, CA
A.R. and U.S. Postal Service (ECAB 14-1715): Overpayment decision sent back
A.R. received workers’ compensation and retirement payments for an overlapping period, and OWCP found a $2,583.39 overpayment for which it held her at fault. She had submitted a response disputing fault and providing financial information before OWCP issued its decision. The Board found that OWCP…
W.H. and Department of Homeland Security, Customs & Border Protection, OFO-Los Angeles, CA
W.H. and Customs & Border Protection (ECAB 14-1662): Travel reimbursement denial affirmed
W.H., a customs inspector with several accepted medical conditions, sought reimbursement for long trips from his home to physicians. OWCP generally limited reimbursable travel to 100 miles round trip and denied the additional mileage at issue. The Board considered the location of his home, the…
H.W. and Veterans Health Administration, Veterans Administration Medical Center, Philadelphia, PA
H.W. and Veterans Health Administration (ECAB 14-1319): Knee benefit termination affirmed
H.W., a Veterans Health Administration program assistant, had an accepted right knee contusion after striking a cabinet. OWCP terminated her benefits after an impartial orthopedic examiner found that the contusion had healed and that her current knee condition was degenerative. The Board found his…
W.R. and Department of Veterans Affairs, Overton Brook Veterans Administration Medical Center, Shreveport, LA
W.R. and Department of Veterans Affairs (ECAB 14-1989): Additional arm awards denied
W.R., a Veterans Affairs patient services assistant, had accepted nerve conditions in both arms from repetitive work and had received schedule awards. He sought additional awards based on a new impairment report. The Board found that the report rated each arm at eight percent, below the 23 percent…
R.C. and Social Security Administration, Region IV, Atlanta, GA
R.C. and Social Security Administration (ECAB 14-1969): Consequential injury claim denied
R.C., a Social Security claims representative, had accepted lumbar injuries and claimed that incontinence from those injuries prevented him from working. The Board found that his physician did not explain how the accepted injuries caused the condition, particularly given other significant events in…
F.A. and Department of Army, Installation Management Command, Fort Benning, GA
F.A. and Department of Army (ECAB 14-1961): Injury and record-review denials affirmed
F.A., an Army equipment repairer, claimed that he tripped at work and landed among fire ants, causing a right leg condition. The Board found that delayed reporting and treatment records giving a different timing for the bites cast serious doubt on the work event as alleged. It affirmed the injury…
C.H. and U.S. Postal Service, Post Office, Hampton, VA
C.H. and U.S. Postal Service (ECAB 14-1900): Carpal tunnel claim denied
C.H., a postal clerk, claimed right hand carpal tunnel syndrome after pushing, pulling, and moving heavy items at work. OWCP accepted that she performed the reported duties but found no adequate medical link to the condition. The Board found that her physician’s opinion was speculative and did not…
L.C. and U.S. Postal Service, Post Office, Philadelphia, PA
L.C. and U.S. Postal Service (ECAB 14-1892): Additional right arm award denied
L.C., a postal mail handler, had accepted trigger finger and thumb conditions and had received schedule awards. He sought further compensation for right arm impairment. The Board gave greater weight to a more recent examination rating his current impairment at five percent than to an older…
P.R. and Department of Homeland Security, Transportation Security Administration, Sacramento, CA
P.R. and Department of Homeland Security (ECAB 14-1876): Wage loss reduction affirmed
P.R., a transportation screening supervisor, received wage-loss compensation for an accepted left ankle condition. OWCP reduced her benefits after finding that she could earn wages as a surveillance system monitor. The Board found that her podiatrist’s restrictions allowed the sedentary work and…
L.F. and Department of Veterans Affairs, Veterans Administration Medical Center, Milwaukee, WI
L.F. and Department of Veterans Affairs (ECAB 14-1817): Disability recurrence claim denied
L.F., a medical center file clerk, had accepted right shoulder and trapezius sprains and later sought compensation after stopping work again. The Board considered only her claim for disability from April 1 to June 1, 2013. Her doctors’ reports did not adequately explain how the accepted injuries…
S.A. and U.S. Postal Service, Post Office, Edison, NJ
S.A. and U.S. Postal Service (ECAB 14-1187 and 14-1215): Surgery and disability claims remanded
S.A., a postal letter carrier, had accepted left knee injuries and sought payment for a 2012 knee surgery and later periods of disability. OWCP treated her submissions as untimely requests to reconsider a 2010 decision. The Board found that the communications actually sought decisions on new claims…
J.E. and Department of Homeland Security, Customs and Border Protection, San Diego, CA
J.E. and Department of Homeland Security (ECAB 14-0077): Injury claim returned for fact finding
J.E., a customs and border protection officer attending training, reported a cardiac arrest while exercising on a training center track. OWCP denied his injury claim. The Board found that the record did not establish when his supervisor learned of the incident, a fact relevant to whether the claim…
Sanderson Farms, Inc.
Two poultry-plant shaft-guarding items affirmed with reduced penalty
OSHA found unguarded rotating shafts on chicken-cutting saws and an unguarded projecting shaft end at a Sanderson Farms processing plant. The judge held that the saw arbor was an integral part of the power-transmission shaft and that the specific guarding standards required physical guards without…
Federal Deposit Insurance Corporation (Agency) and National Treasury Employees Union (Union/Petitioner)
FDIC and NTEU (FLRA WA-RP-12-0062): Regional director’s intern-unit dismissal stands
The National Treasury Employees Union sought to add twenty-seven FDIC student interns to an existing bargaining unit through accretion. A regional director dismissed the petition, but the Authority later ordered further findings about changes in the interns' jobs. On reconsideration, the Authority…
United States Department of Defense, Pentagon Force Protection Agency (Agency) and American Federation of Government Employees, AFL-CIO (Labor Organization/Petitioner)
Pentagon Force Protection Agency and AFGE (FLRA WA-RP-12-0005): Authority takes no further action on review request
An application for Authority review was filed in a representation case involving the Pentagon Force Protection Agency and AFGE while the Authority lacked a quorum. The Authority later regained a quorum but did not undertake to grant review within the statutory 60-day period. It concluded that the…
United States Department of Agriculture, U.S. Forest Service (Agency) and National Federation of Federal Employees, International Association of Machinists and Aerospace Workers, AFL-CIO (Labor Organization/Petitioner)
Forest Service and NFFE (FLRA WA-RP-11-0055): Regional decision becomes Authority action
A request to review a Regional Director's representation decision was filed while the Authority lacked a quorum. The Authority regained a quorum on November 12, 2013, but did not undertake to grant review within the following sixty days. Under the statutory rule applied in this notice, the Regional…
United States Department of the Air Force, Fairchild Air Force Base (Activity) and Fairchild Federal Employees' Union (Petitioner/Exclusive Representative) and American Federation of Government Employees, AFL-CIO (Interested Party/Labor Organization)
Fairchild Air Force Base unions (FLRA SF-RP-12-0042): Director's order becomes Authority action
The Air Force sought review of a regional director's decision and order in a bargaining-unit representation case. The request was filed while the Authority lacked a quorum. After regaining a quorum, the Authority did not undertake review within the period required by 5 U.S.C. § 7105(f). The…
Secretary of Labor on behalf of David S. Wood v. Highland Mining Company, LLC
Temporary reinstatement terminated after mine closure
Highland Mining permanently closed Mine No. 9 and carried out a mass layoff that included David Wood, who had been working under a temporary reinstatement order. The Secretary agreed that Wood should be placed in non-pay status because the closure would have ended his employment regardless of the…
L.B. and U.S. Postal Service, Coronado Station, Santa Fe, NM
L.B. and U.S. Postal Service (ECAB 14-2005): Compensation suspension affirmed
L.B., a postal employee receiving benefits for accepted injuries, did not attend an examination arranged to resolve a medical disagreement. He objected to the distance and said medical conditions prevented travel. The Board found that OWCP had selected the nearest available doctor and offered…
M.O. and U.S. Postal Service, Post Office, Jacksonville, FL
M.O. and U.S. Postal Service (ECAB 14-1901): Injury claim denial affirmed
M.O., a postal rural carrier, was rear-ended by another vehicle while working. OWCP accepted that the collision occurred but denied her injury claim. The Board found that her emergency room report recorded pain without a clear diagnosis or a reasoned link to an injury, and that general discharge…
W.R. and U.S. Postal Service, Post Office, Canton, GA
W.R. and U.S. Postal Service (ECAB 14-1869): Collision injury claim denied
W.R., a postal rural carrier associate, reported an elbow injury after another vehicle hit his postal vehicle. OWCP accepted that the collision occurred but denied his injury claim. The Board found that a hospital discharge note did not supply the medical evidence needed to establish a diagnosed…
V.B. and Department of the Navy, Naval Air Depot, Cherry Point, NC
V.B. and Department of the Navy (ECAB 14-1850): Impairment ratings returned for review
V.B., a naval air depot worker injured in a fall, sought schedule awards for impairment of her arms and legs. OWCP assigned ratings based on its medical adviser’s review. The Board found that the adviser had not applied the required grade adjustments or adequately explained the percentage ratings…
F.W. and U.S. Postal Service, Bulk Mail Center, Jersey City, NJ
F.W. and U.S. Postal Service (ECAB 14-1772): Wage loss reduction reversed
F.W., a former postal mail handler, received compensation for accepted knee conditions after multiple surgeries. OWCP reduced his benefits on the theory that he could work as a receptionist. A referral doctor’s earlier restrictions fit that job, but later evidence showed possible failure of a knee…
W.D. and U.S. Postal Service, Post Office, Pottstown, PA
W.D. and U.S. Postal Service (ECAB 14-1257): Termination of compensation affirmed
W.D., a postal letter carrier, received benefits after a vehicle collision caused accepted injuries. OWCP later terminated his benefits after a second opinion doctor found no remaining effects of those injuries and said he could resume full duty. The Board found that doctor’s examination and review…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Yazoo City, Mississippi (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 1013 (Union)
Yazoo City correctional complex and AFGE Local 1013 (FLRA 0-AR-5041): Ten-minute overtime award removed
An arbitrator awarded several groups of correctional officers retroactive overtime for work before or after their scheduled shifts at the Yazoo City federal prison complex. The agency challenged the award for facilities officers, who had been granted ten minutes per workday for preparatory activity…
United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and National Treasury Employees Union (Union)
Customs and Border Protection and NTEU (FLRA 0-AR-4933): Scheduling backpay remedy upheld
Customs and Border Protection changed customs officers' work schedules in violation of federal scheduling rules. After an earlier arbitrator found that affected officers lost pay, a second arbitrator adopted formulas to calculate their backpay. The agency challenged that remedy under the Back Pay…
Secretary of Labor on behalf of David S. Wood v. Highland Mining Company, LLC
Original temporary reinstatement termination order
Highland Mining permanently closed Mine No. 9 and carried out a mass layoff that included David Wood, who had been working under a temporary reinstatement order. The Secretary agreed that Wood should be placed in non-pay status because the closure would have ended his employment regardless of the…
Secretary of Labor v. Highland Mining Co., LLC
Four litigated citations bring $15,096 penalty
MSHA litigated four citations against Highland Mining involving loose ribs, two misaligned conveyor belts, and an inadequate on-shift examination. Judge Kenneth R. Andrews affirmed the loose-rib violation but changed it to unlikely and non-S&S because miners traveled the area infrequently, reducing…
United States Department of the Navy, Naval Facilities Engineering Command Southeast, Jacksonville, Florida (Agency) and International Association of Machinists and Aerospace Workers, Local Lodge 192 (Petitioner/Labor Organization) and American Federation of Government Employees (Interested Party)
Navy facilities technicians (FLRA AT-RP-13-0017): Existing AFGE unit remains in place
The Navy hired facilities assessment technicians who worked in Pensacola but reported through an office in Jacksonville. The Machinists union argued that five Pensacola technicians belonged in its bargaining unit for Public Works Department employees. A regional director found that the technicians…
I.H. and Armed Forces Retirement Home, Gulfport Armed Forces Retirement Home, Gulfport, MI
I.H. and Armed Forces Retirement Home (ECAB 14-2050): Reconsideration denial affirmed
I.H., a former nurse with an accepted back injury, sought a schedule award and then requested reconsideration after OWCP denied it. The Board reviewed only OWCP’s refusal to reopen the claim. It found that the newly submitted medical reports did not address whether a compensable permanent…
L.R. and U.S. Postal Service, Post Office, Sayre, PA
L.R. and U.S. Postal Service (ECAB 14-1990): Emotional condition claim denied
L.R., a postal letter carrier, attributed anxiety and depression to training, workload, scheduling, transfers, and uncertainty about her assignment. The Board found no supported allegation that the employing agency erred in providing training or handling other personnel matters. It also found…
D.H. and Department of Homeland Security, Transportation Security Administration, Union, NJ
D.H. and Department of Homeland Security (ECAB 14-1852): Back and neck injury claim denied
D.H., a transportation security officer, reported back and neck injuries after lifting a heavy bag at work. OWCP accepted that the lifting incident occurred but denied the injury claim. The Board found that her doctors did not adequately explain how the incident caused or aggravated the diagnosed…
J.G. and Department of Veterans Affairs, Veterans Health Administration, Philadelphia, PA
J.G. and Department of Veterans Affairs (ECAB 14-1822): Disability compensation denied
J.G., a carpenter with accepted injuries from a workplace fall, sought disability compensation for a later period. An earlier Board decision had found the evidence insufficient for that same period. His new doctor’s report discussed back conditions that OWCP had not accepted and did not adequately…
R.N. and U.S. Postal Service, Post Office, Melville, NY
R.N. and U.S. Postal Service (ECAB 14-1635): Hip condition claim expansion denied
R.N., a postal mail handler, had an accepted right hip and thigh sprain after pushing a loaded cage at work. He sought to add a more serious hip condition and related surgery to the claim. The Board gave special weight to an impartial specialist who found the work incident caused only a minor…
J.B. and Department of the Navy, Naval Facilities Engineering Command Centers, San Diego, CA
J.B. and Department of the Navy (ECAB 14-0993): Disability periods split
J.B., a Navy supervisor with an accepted right knee injury, sought disability compensation around the time of an authorized knee replacement. The Board found no adequate medical proof of work-related disability before the surgery, from March 4 to 18, 2013. It found that the surgery and…
American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency)
AFGE Local 2145 and Richmond VA Medical Center (FLRA 0-AR-5060): Union exception denied
AFGE Local 2145 challenged an arbitration award involving the Richmond VA Medical Center. The Authority issued an abbreviated decision and found that the union had not shown a ground for setting aside the award under 5 U.S.C. § 7122(a). It denied the exception, leaving the award in place. The…
United States Department of Health and Human Services, Washington, D.C. (Agency) and National Treasury Employees Union (Union)
HHS and NTEU (FLRA 0-AR-5024): Retroactive transit subsidies upheld
HHS paid eligible employees up to $125 a month for public transit in 2012 and January 2013. A later law raised the maximum tax-free transit benefit retroactively, but HHS did not reimburse employees who had spent more than $125 a month. An arbitrator found that the agency's labor agreement required…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.