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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COMM

United States, Department of Defense Education Activity, Arlington, Virginia (Agency) and Federal Education Association (Union)

Defense Education Activity and FEA (FLRA 0-AR-3770): Detailed pay statements remedy upheld

Defense Education Activity employees grieved incorrect payments and the lack of documentation for backpay, interest, and retirement account contributions. An arbitrator ordered payment audits for eight employees and clear explanations of each payment to all bargaining unit employees. The agency…

June 17, 2004 ·FLRA
Upheld
COMM

United States, Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)

FAA and NATCA (FLRA 0-AR-3734): Premium pay award for union duties set aside

An FAA air traffic controller performed union representational duties on Columbus Day and sought holiday premium pay. NATCA also challenged the FAA's practice of denying official time when such duties fell on Sundays or holidays. An arbitrator sustained both grievances and effectively directed…

June 17, 2004 ·FLRA
Set aside
COMM

Harry Mapp v. Transocean Offshore USA, Incorporated and Zurich American Insurance Company

Mapp v. Transocean Offshore (BRB 03-0607): third-party settlement barred Longshore claim

Harry Mapp injured his back while working for Transocean Offshore and later settled a related third-party lawsuit for $100,000. The employer participated in that settlement, but its separate Longshore Act insurer did not give prior written approval. The Board held that the settlement was less than…

June 16, 2004 ·BRB
Affirmed
ALJ

Independence Coal Co., Inc.

Roof-fall citations modified after fatality investigation

Independence Coal operated the Cedar Grove underground coal mine, where a roof brow fell on a continuous miner operator during production and the operator later died. Judge T. Todd Hodgdon found that the mine violated roof-support and roof-control-plan requirements, but found that the Secretary did…

June 15, 2004 ·T. Todd Hodgdon ·FMSHRC
Mixed result
COMM

Teck Cominco Alaska Incorporated, Red Dog Mine

In re Teck Cominco Alaska Incorporated, Red Dog Mine (EAB NPDES Appeal No. 03-09): permit remanded in part

Teck Cominco Alaska Incorporated operated the Red Dog Mine in northwest Alaska under an NPDES permit for wastewater discharges into Red Dog Creek and Ikalukrok Creek. The Kivalina Relocation Planning Committee challenged a permit modification that allowed less stringent total-dissolved-solids…

June 15, 2004 ·EPA EAB
Mixed result
COMM

United States, Department of Energy, Western Area Power Administration, Lakewood, Colorado (Agency) and American Federation of Government Employees, AFL-CIO (Union)

Western Area Power Administration and AFGE (FLRA DE-RP-02-0026): Lead engineer excluded from bargaining unit

The Western Area Power Administration sought to exclude a lead electronics engineer from an AFGE bargaining unit as a supervisor. A regional director had kept the position in the unit, finding that its work assignments were largely routine. The Authority disagreed because the engineer consistently…

June 14, 2004 ·FLRA
Set aside
COMM

Tidewater Virginia Federal Employees Metal Trades Council (Union) and United States, Department of the Navy, Navy Public Works Center, Norfolk, Virginia (Agency)

Tidewater metal trades council and Navy Public Works Center (FLRA 0-AR-3814): Union exception denied

The Tidewater Virginia Federal Employees Metal Trades Council challenged an arbitration award involving the Navy Public Works Center in Norfolk. The Authority's short decision does not describe the underlying grievance or the award's terms. It held that the union had not shown that the award failed…

June 14, 2004 ·FLRA
Upheld
COMM

Tidewater Virginia Federal Employees Metal Trades Council (Union) and United States, Department of the Navy, Navy Public Works Center, Norfolk, Virginia (Agency)

Tidewater metal trades council and Navy Public Works Center (FLRA 0-AR-3776): On-call time remained unpaid

A Navy Public Works Center employee sought pay for weeks when he was on call to respond to emergencies. He carried a pager and phone, had two hours to report after a page, and could arrange for another qualified employee to respond. An arbitrator found that the parties' agreement treated this…

June 14, 2004 ·FLRA
Upheld
ALJ

Tradesmen Group, Inc.

Two fall-protection violations affirmed

Tradesmen Group performed renovation, remodeling, and historical restoration work at a site in Peninsula, Ohio. OSHA cited the company after two employees worked from an aerial lift and on a working surface without required fall protection. After a hearing, the judge issued a bench decision finding…

June 11, 2004 ·Michael H. Schoenfeld ·OSHRC
Citations affirmed
ALJ

RMS Construction, Inc.

Trench and worksite violations affirmed

RMS Construction was a subcontractor building a block wall in a deep trench on a New Jersey road and bridge project. OSHA found RMS employees working outside the trench box in Type C soil, with no safe egress, no competent-person inspections, uncapped rebar, inadequate hazard training and worksite…

June 11, 2004 ·Irving Sommer ·OSHRC
Citations affirmed
COMM

Secretary of Labor v. Dacotah Cement

Task-training decision vacated and remanded

Dacotah Cement employees were injured when a high-pressure hydraulic hose separated during maintenance on a cement mill. The ALJ vacated a citation alleging inadequate task training, but the Commission held that the decision did not address whether the less experienced employee received…

June 9, 2004 ·FMSHRC
Remanded
COMM

Secretary of Labor v. EnerCorp Incorporated

Penalty reopening request remanded

EnerCorp asked the Commission to reopen a penalty assessment after its president believed, based on a conversation with an MSHA representative, that most or all penalties would be dismissed. The company did not provide supporting documentation, but the Secretary did not oppose a supplemental…

June 8, 2004 ·FMSHRC
Remanded
ALJ

Harlan Cumberland Coal Co.

Two belt citations affirmed; third settled

Harlan Cumberland Coal was cited for coal and float coal dust along a belt, missing guarding at a conveyor head pulley, and a third citation resolved by settlement. Judge Avram Weisberger found violations for the dust accumulation and missing guard, but found neither violation significant and…

June 7, 2004 ·Avram Weisberger ·FMSHRC
Mixed result
ALJ

Palmer Coking Coal Company

Handrail citation modified, S&S finding deleted

Palmer Coking Coal operated a sand and rock processing facility where a crusher platform had a 36-inch gap in its handrail. Judge David F. Barbour found that the platform violated the handrail standard, but concluded the limited opening did not make an injury-producing event reasonably likely, so…

June 4, 2004 ·David F. Barbour ·FMSHRC
Modified
ALJ

TXU Mining Co., LP

Discrimination complaint dismissed

Michael Miller, a mechanic at TXU Mining's Tatum Mine, claimed the company fired him after he raised concerns that workplace harassment and anger could lead to violence. Judge David F. Barbour held that Miller's complaints were not protected activity under the Mine Act because they did not identify…

June 4, 2004 ·David F. Barbour ·FMSHRC
Other
ALJ

Richard Kenda Farms

Field water violation affirmed, two sanitation items vacated

Richard Kenda Farms used seasonal workers to hand harvest vegetables in Florida fields. The judge found that potable water was sometimes not brought to workers until one to four hours after harvesting began in hot conditions, so he affirmed that violation as serious. He vacated the single-use cup…

June 4, 2004 ·Ken S. Welsch ·OSHRC
Mixed result
ALJ

Alexander G. McLaren

Ship-repair citations split

Alexander G. McLaren employed workers to convert two former Canadian naval vessels into pleasure craft in Washington. The judge upheld OSHA's inspection warrant and rejected McLaren's challenge to agency jurisdiction. He vacated three atmosphere-testing allegations because the fuel tank's top had…

June 4, 2004 ·Robert A. Yetman ·OSHRC
Mixed result
COMM

Cahill Industries Corporation

Motion to reopen remanded for good-cause review

Cahill Industries asked the Commission to reopen a penalty assessment that had become final because the company did not timely contest it. The company said it believed the inspection was a safety audit and that citations abated immediately would not result in penalties, but it did not adequately…

June 3, 2004 ·FMSHRC
Remanded
ALJ

Charles Clevinger and David R. Coleman, employed by Lodestar Energy, Inc.

110(c) cases dismissed

The Secretary brought individual-liability cases against Lodestar supervisors Charles Clevinger and David R. Coleman after a fuel-truck accident at the Bent Mountain Mine resulted in Gary Blackburn's death. The cases alleged that the supervisors knowingly authorized, ordered, or carried out a…

June 3, 2004 ·Jerold Feldman ·FMSHRC
Citations vacated
COMM

American Federation of Government Employees, Council 220 (Union) and Social Security Administration (Agency)

AFGE Council 220 and Social Security Administration (FLRA 0-AR-3759): Fee and transfer remedies returned for explanation

Nine Social Security Administration employees claimed that they had not received proper priority consideration for job openings. An arbitrator found a contract violation and awarded seven employees retroactive promotions with backpay, while denying attorney fees and ordering a transfer-related…

June 3, 2004 ·FLRA
Remanded
ALJ

S & F Concrete Contractors

Cord item reduced, guardrail violation affirmed

S & F Concrete Contractors was placing concrete at a multistory hospital construction project in Boston. The judge affirmed an electrical-cord violation but reclassified it as other-than-serious because the exposed color-coded conductors were not cut, frayed, or a shock hazard in the condition…

June 1, 2004 ·Covette Rooney ·OSHRC
Modified
COMM

United States, Department of Defense, Defense Commissary Agency (Agency) and American Federation of Government Employees, AFL-CIO (Labor Organization/Petitioner)

Defense Commissary Agency and AFGE (FLRA BN-RP-03-0013): Student employees remain in bargaining unit

AFGE sought to include temporary student employees at the McGuire Air Force Base Commissary in its existing bargaining unit. A regional director found that the students fell within the unit certificate and had a reasonable expectation of continued employment, since satisfactory appointments were…

May 28, 2004 ·FLRA
Upheld
ALJ

CB&I Constructors, Inc.

Competent-person inspection violation affirmed

CB&I Constructors was erecting a 180-foot water tower in Illinois when an employee fell from a fixed ladder and died. The contested item alleged that designated competent persons failed to make frequent and regular inspections that would have discovered the absence of a required ladder safety…

May 28, 2004 ·Nancy J. Spies ·OSHRC
Citations affirmed
COMM

Congressional Research Employees Association, IFPTE, Local 75 (Union) and Library of Congress (Agency)

Congressional Research Employees Association and Library of Congress (FLRA 0-AR-3777): Work reassignment upheld

The Congressional Research Service reassigned a union president's research on collective bargaining issues related to the proposed Department of Homeland Security. It cited concern that his union role could create an apparent conflict of interest for research supplied to Congress. An arbitrator…

May 28, 2004 ·FLRA
Upheld
COMM

John R. Sand and Gravel

One reopening request denied and three remanded

John R. Sand and Gravel asked the Commission to reopen four proposed penalty assessments after paperwork was misfiled and the company received notices of past-due penalties. The Commission held that the request for LAKE 2004-63-M was filed more than one year after the assessment became final, so…

May 27, 2004 ·FMSHRC
Mixed result
COMM

S.A. Storer and Sons, Co.

Court-directed scaffold remand ordered

The D.C. Circuit vacated part of the Commission's earlier order concerning scaffold fall protection at two work areas. The court affirmed the violation at the materials-staging area but vacated it at the window-opening area. The Commission remanded the case to the ALJ with directions to enter those…

May 27, 2004 ·OSHRC
Remanded
COMM

Youngquist Brothers Rock

Late penalty contest remanded for good-cause review

Youngquist Brothers Rock asked to reopen a proposed penalty assessment after it did not learn about the assessment until MSHA sent a notice of an outstanding balance. The company said the certified letter had been returned to MSHA unclaimed and that local post-office staff turnover may have caused…

May 25, 2004 ·FMSHRC
Remanded
ALJ

San Juan Coal Company

Air-quality citation vacated

San Juan Coal contested a citation alleging that oxygen levels in an area beside the last longwall shield were below the required minimum. The judge found that the area had been effectively dangered off on the inspection date and was not an area where persons worked or traveled under the cited…

May 25, 2004 ·Michael E. Zielinski ·FMSHRC
Citations vacated
ALJ

San Juan Coal Company

Air-quality citation vacated

San Juan Coal contested a citation alleging that oxygen levels in an area beside the last longwall shield were below the required minimum. The judge found that the area had been effectively dangered off on the inspection date and was not an area where persons worked or traveled under the cited…

May 25, 2004 ·Michael E. Zielinski ·FMSHRC
Citations vacated
ALJ

Premier Chemicals, LLC

John D. Tornbom v. Premier Chemicals, LLC (FMSHRC WEST 2004-28-DM): Discrimination complaint dismissed

John D. Tornbom alleged that Premier Chemicals terminated him because he raised safety concerns about acidic chemicals, a pine oil spill, and the use of a chain fall to move a motor. The judge found that these complaints and the work refusal were protected activities under the Mine Act, but also…

May 24, 2004 ·Richard W. Manning ·FMSHRC
Other
COMM

Tri-County Builders Supply

In re Tri-County Builders Supply (EAB CWA Appeal No. 03-04): appeal dismissed as untimely

An Administrative Law Judge assessed Tri-County Builders Supply a $59,591 civil penalty for applying sewage sludge to land at a rate above the applicable agronomic rate. Tri-County argued that the biosolids application did not exceed the rate and that no penalty should be imposed. The Environmental…

May 24, 2004 ·EPA EAB
Procedural
ALJ

Calmat Company of Arizona

Citations affirmed under Mine Act jurisdiction

MSHA cited Calmat Company of Arizona after a truck driver stood on a haul truck being loaded for removal and lacked safe access and required on-site training. Calmat argued that the cited area was part of a concrete batch plant excluded from Mine Act jurisdiction under the OSHA and MSHA interagency…

May 21, 2004 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Beco Construction Company

Two requests denied and four penalty assessments remanded

Beco Construction asked to reopen several penalty assessments that had become final after the company missed the filing deadline. The Commission granted Beco's request to withdraw its request concerning WEST 2004-153-M because the assessment had been paid. It denied reopening for WEST 2004-149-M…

May 21, 2004 ·FMSHRC
Mixed result
COMM

United States, Department of Agriculture, Rural Development Oklahoma, Stillwater, Oklahoma (Agency) and American Federation of Government Employees, Local 3354 (Union)

USDA Rural Development Oklahoma and AFGE Local 3354 (FLRA 0-AR-3645): Grievance remedy set aside

A USDA Rural Development employee challenged a finding that she lacked the qualifications for a supervisory job. An arbitrator found her grievance arbitrable and ordered the agency to process any similar future grievance before filling the vacancy. The Authority agreed that the current labor…

May 21, 2004 ·FLRA
Mixed result
COMM

Gary L. Kirkpatrick v. B.B.I., Incorporated, Houston General Insurance Company, and Insurance Company of North America

Kirkpatrick v. B.B.I. (BRB 03-0561A): disability duration and carrier reimbursement sent back

Gary Kirkpatrick was injured while working on a fixed offshore platform for B.B.I. Two insurers disputed which policy covered the injury and whether one should reimburse the other for benefits already paid. The Board affirmed that Insurance Company of North America was the responsible carrier under…

May 20, 2004 ·BRB
Remanded
COMM

Arnold Crushed Stone

Reopening request denied after missed orders

Arnold Crushed Stone asked the Commission to reopen a penalty assessment covering three citations after an ALJ had denied reopening and dismissed the case. The company disputed the citations but did not explain why it missed the original contest deadline or why it failed to answer the ALJ's orders…

May 19, 2004 ·FMSHRC
Procedural
ALJ

Thomann Asphalt Paving Corp.

Roller rollover citation vacated

A Thomann Asphalt Paving employee died when a roller without a rollover protective structure slid from an embankment and overturned at a New York school construction site. OSHA cited the company under the general duty clause, alleging that a rollover protective structure was a feasible way to…

May 19, 2004 ·Michael H. Schoenfeld ·OSHRC
Citations vacated
COMM

National Treasury Employees Union (Union) and United States, Department of Homeland Security, Border and Transportation Security Directorate, Bureau of Customs and Border Protection, Washington, D.C. (Agency)

NTEU and Customs and Border Protection (FLRA 0-NG-2739): Alternative holster proposal outside bargaining duty

NTEU proposed that Customs and Border Protection permit alternative ways for armed employees to carry firearms after an earlier contract provision expired. The proposal would require approval of some alternative holster for employees unable to use the standard waist holster because of changed…

May 19, 2004 ·FLRA
Upheld
ALJ

Becon Construction, Inc.

Motion to compel denied

Becon Construction asked the judge to compel further responses to interrogatories in consolidated contest and civil penalty proceedings arising from an overhead trolley accident. It argued that the Secretary had waived objections and privileges by serving interrogatory answers after an agreed…

May 18, 2004 ·Jerold Feldman ·FMSHRC
Procedural
COMM

Munn Road Sand & Gravel

Request to reopen final assessment remanded

Munn Road Sand & Gravel asked to reopen a penalty assessment covering 11 citations and $860 in proposed penalties after it said it had not received notice. The Secretary opposed reopening and submitted evidence that Munn Road did not claim the certified letter sent to its verified post-office-box…

May 18, 2004 ·FMSHRC
Remanded
ALJ

Central Building & Preservation, L.P.

High-rise fall-protection violation affirmed

Central Building & Preservation assigned two employees to mix mortar and stage materials on the 24th floor of a Chicago building. They worked within a foot of parapets as low as 15 to 17 inches without a guardrail, safety net, or personal fall arrest system. The company admitted technical…

May 17, 2004 ·Benjamin R. Loye ·OSHRC
Citations affirmed
COMM

United States, Department of Veterans Affairs, Golden Gate National Cemetery, San Bruno, California (Respondent) and Laborers' International Union of North America, Local 1141, AFL-CIO (Charging Party)

Golden Gate National Cemetery and LIUNA Local 1141 (FLRA SF-CA-02-0126): Promotion discrimination remedy upheld

A union chief steward at Golden Gate National Cemetery was passed over for a caretaker leader job despite being rated equally qualified with the selected applicant. An administrative law judge found that his protected union activity was the controlling reason, based in part on a selecting foreman's…

May 14, 2004 ·FLRA
Upheld
ALJ

3M Corp.

Motion to amend temporary reinstatement order denied

The Secretary sought temporary reinstatement for Robert H. Kinnaman under the Mine Act's discrimination provisions, and the judge approved a settlement requiring 3M to continue his pay and benefits. 3M later asked to end or reduce that economic reinstatement after learning that Kinnaman was…

May 13, 2004 ·Richard W. Manning ·FMSHRC
Procedural
COMM

National Federation of Federal Employees, Locals 951 and 2152 (Unions) and United States Department of the Interior, Bureau of Land Management, California State Office, Sacramento, California (Agency)

NFFE locals and Bureau of Land Management (FLRA 0-NG-2682): Overtime records proposals outside bargaining duty

Two NFFE locals asked the Bureau of Land Management to provide all evaluation materials from a trial of administratively uncontrollable overtime pay for law enforcement employees, plus records from later spot checks. The requests covered nearly 10,000 documents, many containing sensitive…

May 13, 2004 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2006 (Union) and Social Security Administration (Agency)

AFGE Local 2006 and Social Security Administration (FLRA 0-AR-3775): Employee suggestion award upheld

A Social Security Administration employee suggested a mandatory policy to turn off computer monitors when they were not in use, citing wasted electricity. The agency instead reinforced its existing voluntary policy, and an arbitrator awarded the employee $8,955 for identifying the problem. The…

May 13, 2004 ·FLRA
Upheld
COMM

Microban Products Company

In re Microban Products Company (EAB FIFRA Appeal No. 02-07): 32 violations and $160,500 penalty

Microban Products Company sold or distributed a pesticide additive to Hasbro and its contractors while making claims that allegedly differed substantially from the product's registration statement. The ALJ had found no violations after an earlier remand, but EPA appealed that result. The…

May 12, 2004 ·EPA EAB
Vacated
COMM

United States, Department of the Navy, Puget Sound Naval Shipyard and Intermediate Maintenance Facility, Bremerton, Washington (Agency) and Bremerton Metal Trades Council (Union)

Puget Sound Naval Shipyard and Bremerton Metal Trades Council (FLRA 0-AR-3769): Overtime backpay award set aside

The Puget Sound Naval Shipyard admitted that it broke a crew overtime agreement when it did not call all eligible off-duty employees to cover an absence. An arbitrator awarded overtime pay to one employee who had not been called. The Authority set aside the award under the Back Pay Act because the…

May 12, 2004 ·FLRA
Set aside
COMM

National Association of Government Employees, Local R3-77 (Union) and Pension Benefit Guaranty Corporation, Washington, D.C. (Agency)

NAGE Local R3-77 and PBGC (FLRA 0-AR-3561): Interest arbitration provisions upheld

NAGE and the Pension Benefit Guaranty Corporation used binding interest arbitration to settle terms of their first labor agreement. The arbitrator selected the agency's proposals on institutional grievances, union initiated bargaining, and crediting leave when employees briefly perform work during…

May 12, 2004 ·FLRA
Upheld
COMM

Giant Cement Company

Final assessment reopening remanded

Giant Cement asked to reopen a penalty assessment that had become final after the company failed to contest it, mistakenly believing that related citation contests eliminated the need to respond to the penalty proposal. The company said it intended to contest the penalty and that the Secretary did…

May 11, 2004 ·FMSHRC
Remanded
COMM

City of Winchester

In re City of Winchester (EAB NPDES Appeal No. 04-03): petition withdrawn and dismissed

The City of Winchester challenged conditions in its NPDES permit. EPA Region 10 explained the disputed permit limits, and the City accepted that explanation and agreed to withdraw its petition. The Environmental Appeals Board approved the withdrawal and dismissed the petition with prejudice. The…

May 10, 2004 ·EPA EAB
Settled
COMM

American Federation of Government Employees, Local 32 (Union) and Office of Personnel Management, Washington, D.C. (Agency)

AFGE Local 32 and OPM (FLRA 0-NG-2689): Building access data proposals dismissed

OPM's photo identification system recorded employees' times entering and leaving its building. AFGE proposed limits on OPM's use of that data and access to the records for union safety work. The Authority held that the use limit would excessively interfere with OPM's right to discipline employees…

May 10, 2004 ·FLRA
Upheld
COMM

Teck-Pogo, Inc.

In re Teck-Pogo, Inc. (EAB NPDES Appeal No. 04-04): petition dismissed after agreement

Northern Alaska Environmental Center petitioned for review of conditions in an NPDES permit issued to Teck-Pogo, Inc. EPA Region 10 supported the parties' agreement, and the petitioner moved to withdraw its petition with prejudice. The Environmental Appeals Board granted the motion and dismissed…

May 7, 2004 ·EPA EAB
Settled
COMM

Atlantic Heydt Corp.

Scaffold fall protection item remanded because the judge decided it on a theory nobody litigated

Atlantic Heydt Corp. contested a set of citations arising from scaffold work. Administrative Law Judge Covette Rooney affirmed most of the items, including Citation No. 2, Item 1, which alleged a violation of the scaffold fall protection standard and carried a $7,000 penalty. The judge affirmed…

May 7, 2004 ·OSHRC
Remanded
COMM

United States, Department of Homeland Security, Border and Transportation Directorate, Bureau of Customs and Border Protection (Respondent) and National Treasury Employees Union (Charging Party)

Customs and Border Protection and NTEU (FLRA WA-CA-02-0485): Union bargaining request required a response

Customs and Border Protection issued interim limits on personal cell phones and pagers in inspection areas after an officer used a phone to assist attempted drug smuggling. NTEU sought to rescind the guidelines and bargain, but the agency did not respond. The Authority found no unlawful change in…

May 6, 2004 ·FLRA
Mixed result
COMM

Sturm Ruger & Co., Pine Tree Castings Division

Targeted inspection and settlements affirmed

OSHA used injury and illness data from Pine Tree Castings to select the handgun-casting facility for a programmed inspection under a nationwide targeting plan. Sturm Ruger challenged the data survey, inspection warrant, discovery rulings, evidence, and subpoenas. The Commission held that OSHA had…

May 6, 2004 ·OSHRC
Mixed result
COMM

United States, Department of the Army, Norfolk District, Army Corps of Engineers, Norfolk, Virginia (Agency) and National Federation of Federal Employees, Local 1028 (Union)

Norfolk Army Corps district and NFFE Local 1028 (FLRA 0-AR-3764): Union president's suspension rescinded

The Norfolk District of the Army Corps of Engineers suspended a union president for five days after she told an investigator that she thought a supervisor was behind harassment against her. An arbitrator found that she reasonably believed the statement and that the agency had not proved a knowingly…

May 6, 2004 ·FLRA
Upheld
COMM

American Federation of Government Employees, National Council of EPA Locals, Council 238 (Union) and United States, Environmental Protection Agency, Washington, D.C. (Agency)

EPA and AFGE Council 238 (FLRA 0-AR-3765): Student loan repayment plan grievance denied

The Environmental Protection Agency implemented a student loan repayment plan after the union requested bargaining but did not submit written proposals within the time set by the parties' agreement. An arbitrator denied the union's grievance, finding that the proposal deadline remained in effect…

May 4, 2004 ·FLRA
Upheld
COMM

Saipan Koreana Hotel

Attorney fee denial remanded because the judge never explained it

OSHA sampled the water at the Saipan Koreana Hotel, found fecal coliform contamination, and cited the hotel for one serious violation of the temporary labor camp water supply standard with a proposed penalty of $750. The Secretary later moved to dismiss the case. The hotel then applied for its…

May 3, 2004 ·OSHRC
Remanded
COMM

United States, Department of the Air Force, Air Force Academy, Colorado Springs, Colorado (Respondent/Agency) and American Federation of Government Employees, Local 1867 (Charging Party/Union)

Air Force Academy and AFGE Local 1867 (FLRA DE-CA-01-0779): Information request complaint dismissed

During a contracting study for work at the Air Force Academy, AFGE Local 1867 asked for a detailed technical performance plan to help appeal a tentative decision to contract out the work. The Air Force refused to provide the plan. An administrative law judge found that the refusal violated federal…

April 30, 2004 ·FLRA
Set aside
COMM

Social Security Administration, Office of Hearings and Appeals, Boston Regional Office, Boston, Massachusetts (Respondent/Agency) and American Federation of Government Employees, Local 1164, AFL-CIO (Charging Party/Union)

SSA Boston and AFGE Local 1164 (FLRA BN-CA-02-0266): Union notice required for two EEO interviews

Contract investigators for the Social Security Administration interviewed three bargaining unit employees about EEO complaints without the agency first notifying AFGE Local 1164. The Authority dismissed the allegation concerning an unscheduled call at the employee's office because that conversation…

April 30, 2004 ·FLRA
Mixed result

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.