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

U.S. Department of Agriculture, Farm Service Agency, Kansas City, Missouri and National Treasury Employees Union, Chapter 264

Farm Service Agency, Kansas City (FLRA 0-AR-3190): rating raised after unannounced performance expectations

A management analyst challenged a lower performance rating after her supervisor increased the importance of updating handbooks without telling her. An arbitrator found that the agency violated contract requirements to discuss higher-level performance standards on request and annually reissue…

October 29, 1999 ·FLRA
Upheld
ALJ

Eagle Energy, Inc.

Discovery motion and subpoena request denied

Eagle Energy asked for an MSHA conference report and interview memoranda in three consolidated proceedings, while the Secretary argued that the materials were protected by the work-product and informant privileges. Judge Jerold Feldman found that the discovery motion was untimely and that Eagle…

October 28, 1999 ·Jerold Feldman ·FMSHRC
Procedural
COMM

U.S. Department of Justice, Immigration and Naturalization Service, New York Office of Asylum, Rosedale, New York and American Federation of Government Employees, AFL-CIO, Local No. 1917

INS New York Office of Asylum (FLRA BN-CA-60151): grievance discussion without the union violated representation rights

INS held a mandatory meeting with a personnel clerk and two supervisors concerning work assignments and performance after the union had attempted an informal grievance over the same difficulties. The Authority found that the meeting was a formal discussion concerning a grievance and that the union…

October 28, 1999 ·FLRA
Modified
ALJ

Rocky Mountain Materials & Asphalt

Trench items affirmed by default for $4,325

Rocky Mountain Materials & Asphalt said during a pretrial conference that it intended to defend two excavation citations but did not appear at the scheduled E-Z Trial hearing. OSHA presented testimony and video showing a nearly ten-foot-deep excavation in Type C soil with spoil material stored…

October 28, 1999 ·Robert A. Yetman ·OSHRC
Citations affirmed
COMM

Ravalli County

Default order reopened and remanded for Rule 60(b) review

Ravalli County failed to answer the Secretary’s penalty petition and a show-cause order, so an ALJ entered a default order assessing a $954 civil penalty. Before the default order, Ravalli sent an April 28 contest letter to MSHA’s district office instead of the Commission. It later asked to reopen…

October 27, 1999 ·FMSHRC
Remanded
COMM

Durango Gravel

Commission denies motion to reopen discrimination decision

Durango Gravel asked the Commission to reopen a prior discrimination decision after claiming that miner Clay Baier admitted he brought the case to recover withheld wages rather than because of safety concerns. The Commission treated the request as a motion for relief from a final judgment based on…

October 27, 1999 ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Local 3320 and U.S. Department of the Housing and Urban Development, Houston Area Office, Houston, Texas

HUD Houston Area Office (FLRA 0-AR-3211): union arbitration challenges denied

AFGE Local 3320 challenged an arbitration award involving HUD's Houston office. The Authority accepted a handbook omitted from the union's original filing but denied the exceptions. Its short decision cites standards for bias, fair hearing, legal defects, and contract interpretation without…

October 26, 1999 ·FLRA
Upheld
ALJ

Hi Valley Crushing Inc.

Unguarded equipment and recordkeeping violations affirmed with reduced penalties

Hi Valley Crushing operated a small portable crushing plant in Colorado. The judge affirmed four citations and orders involving unguarded tail pulleys, an incomplete guard, missing electrical grounding tests, and missing workplace examination records, finding that the violations were serious or the…

October 22, 1999 ·Richard W. Manning ·FMSHRC
Citations affirmed
COMM

Lonnie A. Cranston v. Marine Terminals Corporation and Majestic Insurance Company

Cranston v. Marine Terminals (BRB 99-0279): witness costs required a separate review

After Lonnie Cranston received partial disability compensation for a back injury, his attorney sought fees and expenses from the employer. The administrative law judge reduced the requested attorney hours because Cranston had limited success and some billing entries did not allocate time by…

October 21, 1999 ·BRB
Mixed result
COMM

Dennis Dugas v. Forcenergy Gas Exploration, Incorporated and Insurance Company of the State of Pennsylvania

Dugas v. Forcenergy Gas Exploration (BRB 99-0163): injury causation sent back for fact finding

Offshore roustabout Dennis Dugas said repeated blows from swinging steel doors injured his elbows and caused nerve problems in both arms. The administrative law judge awarded continuing temporary total disability benefits after finding the condition work related. The Board held that the judge had…

October 21, 1999 ·BRB
Remanded
COMM

National Federation of Federal Employees, Local 273 and U.S. Department of the Army, Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma

Army Fort Sill (FLRA 0-AR-3218): union arbitration exceptions denied

NFFE Local 273 challenged an arbitration award involving the Army at Fort Sill. The Authority denied the exceptions in a short decision that does not describe the underlying grievance or remedy. Its cited precedents address an arbitrator's authority, hearing fairness, legal defects, nonfact, and…

October 21, 1999 ·FLRA
Upheld
COMM

National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration, Washington, D.C.

FAA returning controllers (FLRA 0-AR-3104): GS-9 step-ten pay grievance denial upheld

NATCA challenged the pay of former PATCO controllers rehired after the presidential employment ban was rescinded. An arbitrator found that the contract did not require FAA to rehire them at their highest former grades and that paying them at GS-9 step ten met his interpretation of the pay clause…

October 21, 1999 ·FLRA
Upheld
COMM

In re Phat Dinh TRUONG, Respondent

Robbery conviction supported deportability

The Board reviewed Phat Dinh Truong's appeal from a deportability finding based on a 1987 California second-degree robbery conviction and the denial of section 212(c) relief. It held that the conviction was not covered by the aggravated-felony definition when it occurred, but that the IIRIRA's…

October 20, 1999 ·BIA
Affirmed
ALJ

Chicopee Coal Company, Inc.

Disclosure deadline extended; hearing to proceed

Chicopee Coal Company was defending two miner discrimination proceedings involving Lewis Frank Bates and Earl Charles Albu. The judge denied the Secretary's request to reconsider an order requiring disclosure of the complainants' signed statements and denied certification for interlocutory…

October 19, 1999 ·Jerold Feldman ·FMSHRC
Procedural
COMM

Milford Power Plant

In re Milford Power Plant (EAB PSD Appeal No. 99-2): petition dismissed for lack of jurisdiction

Goal Line Environmental Technologies challenged the nitrogen-oxide best available control technology analysis in two prevention of significant deterioration permits issued by the Connecticut Department of Environmental Protection for a new power plant in Milford, Connecticut. The Board explained…

October 18, 1999 ·EPA EAB
Procedural
ALJ

Chicopee Coal Company, Inc.

Signed statements ordered disclosed

Chicopee Coal Company sought signed statements that two miners had provided to MSHA during discrimination investigations. The judge granted the company's motion to compel, holding that a party's signed statement was not protected work product merely because an MSHA investigator prepared or…

October 15, 1999 ·Jerold Feldman ·FMSHRC
Procedural
ALJ

Cousins' Aggregate Sales & Hauling, Inc.

Leaking-boat order modified; $2,250 penalty assessed

Cousins' Aggregate Sales & Hauling operated a dredging site where employee Joseph Boudreaux fell from a pipeline into the water and drowned. The judge found violations involving failure to notify MSHA after the accident, failure to require a life jacket or belt while walking over water, and a…

October 15, 1999 ·Avram Weisberger ·FMSHRC
Modified
ALJ

Jobe Concrete Products, Inc.

Truck citations modified with $6,000 penalty

Jobe Concrete Products operated a small open-pit limestone mine in Texas. A truck driven by employee Valentine Moreno overturned, and Moreno died at the scene. The judge found that the operator violated standards concerning control of mobile equipment and seat belts, but concluded that Jobe was not…

October 14, 1999 ·T. Todd Hodgdon ·FMSHRC
Modified
ALJ

Dumbarton Quarry Associates

One citation vacated and two access violations affirmed

Dumbarton Quarry operated two California quarries and faced proceedings involving workplace examinations and safe access to crushers. The judge vacated a workplace-examination citation because examinations were being made and recorded and the Secretary did not show that the examiner was incompetent…

October 13, 1999 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

Rostosky Coal Company

Late review petition allowed to be amended

Rostosky Coal Company, through co-owner Joseph Rostosky, sought discretionary review of an ALJ decision affirming a citation and an order and assessing a $2,000 penalty. The petition arrived one day after the 30-day filing deadline and did not meet the Commission's formatting requirements. The…

October 13, 1999 ·FMSHRC
Procedural
COMM

In re H-N-, Respondent

Refugee waiver jurisdiction upheld

The Board reviewed the Service's appeal from an Immigration Judge's grant of adjustment of status and a waiver of inadmissibility to a Cambodian refugee convicted of second-degree robbery. It held that Immigration Judges and the Board have jurisdiction to adjudicate a refugee's request for a…

October 13, 1999 ·BIA
Affirmed
ALJ

Reintjes of the South, Inc.

Discrimination complaint dismissed as untimely

James C. Keys alleged that Reintjes of the South fired him after he complained about mine safety and training. He filed a discrimination complaint with MSHA more than two years after the alleged firing, even though the Mine Act generally allows 60 days for that filing. The judge found the delay…

October 13, 1999 ·Michael E. Zielinski ·FMSHRC
Procedural
ALJ

Joseph Rostosky Coal Company

Training-record citation affirmed and penalty reduced

Joseph Rostosky Coal Company operated the Stiteler Strip surface coal mine in Pennsylvania. The Secretary alleged that the company violated 30 C.F.R. § 48.29(c) by keeping copies of miners' training certificates at the owner's home instead of at the mine because of vandalism concerns. Judge David…

October 12, 1999 ·David F. Barbour ·FMSHRC
Modified
COMM

In re Jose Antonio RODRIGUEZ-CARRILLO, Respondent

Summary decision upheld on appeal

The Board reviewed Jose Antonio Rodriguez-Carrillo's appeal from an order removing him to Peru based on a conviction for criminal possession of stolen property and a sentence of one to three years. It held that the Immigration Judge's summary decision did not require a remand because…

October 12, 1999 ·BIA
Affirmed
ALJ

Walker Stone Company Inc.

Seatbelt citation affirmed with reduced penalty

Walker Stone operated a portable plant where an employee was observed operating a bulldozer without a seatbelt. The judge found the violation significant and substantial, considering that the equipment could operate near a five- or six-foot highwall, but credited the company's training and prior…

October 12, 1999 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Cyprus Cumberland Resources Corporation

Withdrawal-order modification reinstated

Cyprus Cumberland Resources operated the Cumberland underground coal mine in Pennsylvania. The case concerned whether MSHA inspectors' repeated travel through the inactive 60 West Mains haulage counted as a clean inspection between a section 104(d)(1) citation and a later section 104(d)(2)…

October 8, 1999 ·Jerold Feldman ·FMSHRC
Modified
COMM

Michael Compton v. Avondale Industries, Incorporated

Compton v. Avondale Industries (BRB 99-0118): injury during personal detour was outside work

Shipyard sandblaster Michael Compton was seriously injured after leaving his assigned cleaning area on a vessel. He said he was looking for a broom; the employer said he had gone below deck to smoke marijuana. The Board held that the administrative law judge could rely on conflicting testimony and…

October 8, 1999 ·BRB
Affirmed
ALJ

Nelson Brothers Quarries, Incorporated

Mixed citation results and $817 penalty

Nelson Brothers Quarries operated the small Quapaw limestone mine in Oklahoma. The ALJ considered 18 alleged violations involving guarding, brakes, access, warning devices, and on-shift examination records. Four citations were vacated, nine were affirmed, two were vacated by the Secretary, and…

October 7, 1999 ·Jerold Feldman ·FMSHRC
Mixed result
COMM

Efraim Ramos v. Global Terminal & Container Services, Incorporated

Ramos v. Global Terminal & Container Services (BRB 99-0134): improved condition reduces disability award

Longshore worker Efraim Ramos injured his left hand when a heavy container fell on it and initially received permanent total disability benefits by agreement. The employer later sought modification, supported by medical reports that he could return to his former work. The Board held that the…

October 7, 1999 ·BRB
Affirmed
COMM

Loretta Smith (widow of Donald Smith) v. Jones Oregon Stevedoring Company, Brady Hamilton Stevedoring, and Brady Hamilton/Stevedoring Services of America

Smith v. Jones Oregon Stevedoring (BRB 99-0127): conditional settlements did not bar death claim

Loretta Smith sought Longshore Act death benefits after her husband Donald died from mesothelioma. She had signed third party asbestos settlements conditioned on approval by the responsible employer or carrier. Approval was never given, and the settlement money was returned. The Board held that…

October 7, 1999 ·BRB
Remanded
COMM

Sharletha Smith (John Beard, deceased) v. Shell Offshore, Incorporated

Smith v. Shell Offshore (BRB 99-0123): age 21 filing was timely under Mississippi law

Sharletha Smith sought death benefits after John Beard died while working for Shell Offshore. An administrative law judge dismissed her claim because she filed it after turning 21, more than one year after her 18th birthday. The Board held that the Longshore Act does not define when a minor…

October 7, 1999 ·BRB
Remanded
ALJ

Island Creek Coal Company

Compensation claim dismissed

Island Creek Coal Company operated the VP8 underground coal mine in Virginia. After inspectors found elevated methane, the operator withdrew miners before an MSHA inspector issued a section 107(a) withdrawal order. The United Mine Workers of America sought compensation for the miners under section…

October 6, 1999 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Odell Geer Construction Company, Incorporated

Odell Geer Construction Company (FMSHRC CENT 98-131-M): Conveyor access violations affirmed and penalties reduced

Odell Geer Construction operated the Gibbs Pit wash plant in Texas, where employees climbed inclined conveyor belts to maintain head pulleys that were 12 to 20 feet above ground. Judge T. Todd Hodgdon found that the lack of catwalks, handrails, or another safe means of access created a significant…

October 4, 1999 ·T. Todd Hodgdon ·FMSHRC
Modified
COMM

Windsor Coal Company

Remand for unwarrantable-failure analysis

Windsor Coal Company operated an underground coal mine where MSHA found extensive combustible coal dust and coal spillage along a belt entry. The Commission considered whether the violation of 30 C.F.R. § 75.400 resulted from Windsor's unwarrantable failure to comply with the standard. It vacated…

September 30, 1999 ·FMSHRC
Remanded
COMM

Consolidation Coal Company

Rejection of discrimination claim affirmed

Consolidation Coal Company reassigned Donald Zecco from a continuous-miner production section to a seal-construction project after he had complained about methane and sulfur conditions and followed additional safety precautions. The Commission considered whether the reassignment was motivated by…

September 30, 1999 ·FMSHRC
Citations affirmed
COMM

U.S. Borax Incorporated

Late review petition denied as untimely

Louis W. Dykhoff, Jr. petitioned for discretionary review of an administrative law judge's dismissal of his Mine Act discrimination complaint. The petition arrived on the fortieth day after the judge's decision, beyond the 30-day filing deadline, and Dykhoff offered no explanation for the delay…

September 30, 1999 ·FMSHRC
Procedural
COMM

Social Security Administration and American Federation of Government Employees, Local 1923

SSA (FLRA WA-CA-60297): last-chance agreement unlawfully bypassed the union

The Social Security Administration made a last-chance agreement directly with an employee who had not repaid a government-issued credit-card bill. The agreement reduced the immediate suspension, required payroll deductions, and waived grievance and appeal rights, without notice to AFGE Local 1923…

September 30, 1999 ·FLRA
Set aside
ALJ

Millington Gravel Company

Walkway citation affirmed and penalty reduced

Millington Gravel operated a small sand and stone extraction and processing facility in Michigan. MSHA found a two-by-four-foot opening in an elevated walkway, creating a risk that a miner changing screens could fall 15 to 20 feet. Judge David F. Barbour found that the walkway was an unsafe means…

September 30, 1999 ·David F. Barbour ·FMSHRC
Modified
COMM

United States Army, Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas and National Federation of Federal Employees, Local 2173 and National Federation of Federal Employees, Local 2173 and National Association of Government Employees, Local R14-22

Fort Bliss (FLRA DA-RO-60006): assess untainted signatures before dismissing election petition

NFFE sought an election to replace NAGE as representative of Fort Bliss employees. The regional director dismissed the petition after finding that the Army improperly allowed an outside NFFE organizer access and treating signatures collected during that period as tainted. The Authority required…

September 30, 1999 ·FLRA
Remanded
COMM

Department of Transportation, Federal Aviation Administration, Fort Worth, Texas, and Professional Airways System Specialists

FAA Fort Worth (FLRA DA-CA-70646): restore union participation on interview panels

The FAA’s Lone Star facility stopped allowing PASS representatives to serve on employee interview panels despite a local memorandum of understanding permitting their participation. The Authority upheld the finding that the blanket ban repudiated the agreement and violated the bargaining statute. A…

September 30, 1999 ·FLRA
Modified
COMM

U.S. Department of the Air Force, Air Force Materiel Command, Wright-Patterson Air Force Base, Ohio and International Association of Firefighters, Local F-88 , Case No. Ch-Ca-70577

Wright-Patterson AFB (FLRA CH-CA-70577): smoking-policy bargaining complaint remanded

The Air Force ended indoor smoking at Wright-Patterson fire stations by enforcing a prohibition in its command labor agreement. The ALJ dismissed the firefighters union’s bargaining complaint because he found no established contrary past practice. The Authority held that the Air Force had expressly…

September 30, 1999 ·FLRA
Remanded
COMM

East Arkansas Contractors, Inc.

Reopening request remanded

East Arkansas Contractors asked to reopen a proposed civil penalty that had become a final Commission order after the company missed the 30-day contest period. The company attributed the missed filing to a personnel change and mishandling of the penalty notice, and the Secretary did not oppose…

September 30, 1999 ·FMSHRC
Remanded
ALJ

Croman Corporation, and its successors

Damaged helicopter logging slings violated removal rule

Croman used wire rope chokers to lift logs by helicopter at an Idaho timber sale. OSHA found slings in service with more than five broken wires in a single strand near the nubbin, where field use concentrated stress. Judge Benjamin R. Loye held that the cited removal rule presumed a hazard when its…

September 30, 1999 ·Benjamin R. Loye ·OSHRC
Citations affirmed
COMM

Adanlock Office Environments, Div. of Superior Jamestown Corp.

Late contest dismissal affirmed for lack of excusable neglect

Adanlock received an OSHA citation on February 19, 1998, making March 12 the deadline to contest it, but did not file a notice of contest until June. Its human resources manager said she faxed the citation to counsel, yet neither she nor the company president confirmed receipt or followed up. The…

September 30, 1999 ·OSHRC
Procedural
COMM

NYNEX

Relief from late contest denied after citation was redirected internally

OSHA mailed an asbestos citation by certified mail to NYNEX's Braintree office, but the mailing was redirected to a NYNEX office in New York, where an employee signed for and logged it. NYNEX did not contest the citation until more than 35 working days later and offered no evidence explaining what…

September 30, 1999 ·OSHRC
Procedural
COMM

Social Security Administration and National Treasury Employees Union and American Federation of Government Employees

SSA (FLRA 3-CA-10859): discriminatory union-access denial unlawful on court remand

SSA denied NTEU’s nonemployee organizer permission to distribute literature on the outdoor public premises of its Woodlawn headquarters while allowing similar access to other organizations. After a second D.C. Circuit remand, the Authority found that this discrimination violated section 7116(a)(1)…

September 30, 1999 ·FLRA
Upheld
COMM

National Treasury Employees Union and U.S. Department of the Treasury, Internal Revenue Service

Internal Revenue Service (FLRA 0-NG-2455): appraisal provision for union representatives approved

IRS disapproved a contract provision permitting representatives working almost full time on union duties to receive an appraisal after 120 hours of agency work. The Authority ordered IRS to rescind that disapproval because government-wide performance rules left discretion over the minimum period…

September 30, 1999 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 1164 and Social Security Administration, Lawrence, Massachusetts

SSA Lawrence (FLRA 0-NG-2452): workload proposals require the agency’s election to bargain

AFGE Local 1164 proposed four changes to the Social Security Administration’s plan to use generalist claims representatives in Lawrence, Massachusetts. The proposals would preserve specialist assignments during a trial period, regulate cross-over claims work, change service-representative rotation…

September 30, 1999 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R4-45 and U.S. Department of Defense, Defense Commissary Agency, Eastern Region, Virginia Beach, Virginia

Defense Commissary Agency (FLRA 0-NG-2446): bargain over delaying employee reassignments

NAGE Local R4-45 proposed five measures after the Defense Commissary Agency planned to reassign three occupied positions from the Norfolk commissary to Oceana because of budget constraints. The Authority construed Proposals 1 and 5 as delaying the reassignments until bargaining ended, rather than…

September 30, 1999 ·FLRA
Mixed result
COMM

Association of Civilian Technicians, Schenectady Chapter and U.S. Department of Defense, National Guard Bureau, New York Air National Guard, Latham, New York

New York Air National Guard (FLRA 0-NG-2375): staffing proposals elective, military proposals excluded

The civilian technicians union proposed six measures after the 109th Tactical Airlift Wing expanded its Antarctic mission and increased active military staffing. The Authority found Proposals 1 through 3, which preserved civilian technician positions and staffing, negotiable only at the agency’s…

September 30, 1999 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2951 and U.S. Small Business Administration, Puerto Rico and Virgin Islands District Office, Hato Rey, Puerto Rico

SBA Hato Rey (FLRA 0-AR-3219): union’s arbitration exceptions denied

AFGE Local 2951 challenged an arbitration award involving the Small Business Administration’s Puerto Rico and Virgin Islands District Office in Hato Rey. The Authority concluded that the award was not deficient on the grounds raised by the union. It cited standards addressing due process…

September 30, 1999 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia and Tidewater Virginia Federal Employees Metal Trades Council, Local 734

Norfolk Naval Shipyard (FLRA 0-AR-3154): higher-grade compensation after temporary promotions upheld

Four shipyard employees continued performing higher-grade duties after their 120-day temporary promotions expired but were paid at their permanent grades. An arbitrator found a contract violation and ordered compensation for the higher-grade work while expressly declining to order temporary…

September 30, 1999 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Dover Air Force Base, 436th Air Lift Wing, Dover, Delaware and American Federation of Government Employees, Local 1709

Dover AFB (FLRA 0-AR-3143): missed overtime award upheld under seniority procedure

An electrician at Dover Air Force Base lost an overtime opportunity when the Air Force selected a less senior employee for an aircraft repair. The arbitrator found the employees equally qualified and ruled that the agreement required management to follow the seniority procedure. He awarded the…

September 30, 1999 ·FLRA
Upheld
COMM

U.S. Department of Transportation, Federal Aviation Administration and National Air Traffic Controllers Association

FAA (FLRA 0-AR-3116): moving-expense award upheld after unequal mileage treatment

An air traffic controller sought moving expenses when the Chicago TRACON moved from O’Hare to Elgin. The FAA denied benefits using back-road mileage while using expressway mileage to approve a similarly situated coworker’s request. The arbitrator found unequal treatment contrary to the agreement’s…

September 30, 1999 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, 439th Airlift Wing, Westover Air Reserve Base, Massachusetts and American Federation of Government Employees, Local 3707

Westover Air Reserve Base (FLRA 0-AR-3063): paid crew-rest credit and leave restoration upheld

The Air Force charged three Air Reserve Technicians annual leave for mandatory crew-rest days away from home on long-distance missions. An arbitrator found that the charges violated the agreement, established practice, and an agency supplement granting constructive credit for short workdays. The…

September 30, 1999 ·FLRA
Upheld
COMM

U.S. Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12

Department of Labor (FLRA 0-AR-3040): retroactive promotion and backpay upheld

A paralegal specialist challenged her nonselection for promotion after a reorganization. An arbitrator found preselection and violations of negotiated merit staffing principles and ordered a retroactive promotion with backpay. The Authority denied the agency's exceptions because it omitted the…

September 30, 1999 ·FLRA
Upheld
COMM

U.S. Department of Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, National Border Patrol Council, AFL-CIO

INS (FLRA WA-CA-50048): bargain over effects of non-deadly-force policy

INS implemented a revised non-deadly-force policy for Border Patrol employees and criminal investigators without responding to the union’s bargaining request. The Authority upheld the finding that INS unlawfully failed to bargain over the policy’s effects and implementation. The policy affected…

September 29, 1999 ·FLRA
Upheld
COMM

Warrior Investment Co., Inc.

Penalty assessment remanded for reopening review

Warrior Investment Co., Inc. asked the Commission to reopen a $12,166 penalty assessment that had become a final order after the company said it never received the original assessment. The Commission could not determine from the record whether the company maintained the correct address with MSHA or…

September 29, 1999 ·FMSHRC
Remanded
COMM

In re Arturo PUENTE-Salazar, Respondent

Felony DWI classified as a crime of violence

The Board reviewed Arturo Puente-Salazar's appeal from a removal order based on a Texas felony driving-while-intoxicated conviction. It held that operating a motor vehicle while intoxicated under the Texas statute, when enhanced to a felony, is a crime of violence under 18 U.S.C. § 16(b) and…

September 29, 1999 ·BIA
Affirmed
COMM

Slinger Drainage, Inc.

In re Slinger Drainage, Inc. (EAB CWA Appeal No. 98-10): liability and $90,000 penalty affirmed

Slinger Drainage installed drainage tile across a wetland without a Clean Water Act section 404 permit. The Environmental Appeals Board considered whether returning excavated soil to the trench was nonregulable incidental fallback or a discharge requiring a permit. It held that the company…

September 29, 1999 ·EPA EAB
Affirmed

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.