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 Health and Human Services and National Treasury Employees Union

HHS and NTEU (FLRA 0-AR-2766): retroactive transit subsidy award upheld

HHS and NTEU disputed whether HHS had met a labor agreement's requirements to offer public transit subsidies where funds were available and document claims that funds were unavailable. The arbitrator found violations in several operating divisions and awarded retroactive subsidies to eligible…

September 30, 1998 ·FLRA
Upheld
COMM

American Federation of Government Employees, National Council of HUD Locals 222 and U.S. Department of Housing and Urban Development

AFGE HUD Council 222 and HUD (FLRA 0-AR-2725): reorganization task force grievance denied

AFGE's national HUD council challenged HUD's inclusion of a second union, NFFE, in national reorganization task forces. An arbitrator found that NFFE's participation did not violate AFGE's exclusive representation rights or the parties' agreement and denied the grievance. The Authority agreed…

September 30, 1998 ·FLRA
Upheld
COMM

Asarco, Incorporated

Commission review vacated

Asarco challenged a citation concerning respirable silica exposure at the Askip tender position of its Young underground zinc mine in Tennessee. The citation alleged violations of the airborne-contaminant exposure limit and the requirement to control employee exposure through feasible engineering…

September 29, 1998 ·FMSHRC
Procedural
COMM

National Treasury Employees Union, Chapter 48 and U.S. Department of the Treasury, Internal Revenue Service, Richmond District

NTEU Chapter 48 and IRS Richmond District (FLRA 0-AR-2995): nonselection grievance award upheld

An IRS employee who ranked first on a best qualified list was not selected for a Dyed Fuel Compliance Officer position. NTEU Chapter 48 alleged that the decision was based on sex discrimination, but the arbitrator found that the agency's stated reason for choosing another candidate was credible and…

September 29, 1998 ·FLRA
Upheld
COMM

U.S. Department of the Army, Army Armament Research, Development and Engineering Center, Picatinny Arsenal, New Jersey and National Federation of Federal Employees, Local 1437

Army Armament Center and NFFE Local 1437 (FLRA 0-AR-2949): engineer job groupings returned for clarification

At the Army's Picatinny Arsenal, an arbitrator found that electrical engineers in two divisions should have been placed in one competitive level for a planned reduction in force. The Army challenged the award because the governing regulation requires the positions to be interchangeable without…

September 29, 1998 ·FLRA
Remanded
COMM

Oliver Ladd, Jr. v. Tampa Shipyards, Incorporated

Ladd v. Tampa Shipyards (BRB 98-0156): production clerk excluded from Longshore coverage

Oliver Ladd worked as a production clerk at Tampa Shipyards and later sought benefits for hearing loss. He spent most of his time preparing reports and handling correspondence in an office trailer near a dry dock. He also walked through the yard to collect information and deliver messages. The…

September 28, 1998 ·BRB
Affirmed
COMM

Panama Canal Commission and District No. 1, Marine Engineers Beneficial Association

Panama Canal Commission and MEBA (FLRA 0-AR-3056): employee rotation set aside, appraisal board question returned

Two grievances challenged the Panama Canal Commission's selection process for an engineer manager vacancy. The arbitrator ordered the agency to rerun the vacancy, rotate eligible engineers through the position while it was filled, and use different members on the appraisal board. The Authority set…

September 28, 1998 ·FLRA
Mixed result
COMM

Office and Professional Employees International Union, Local 268 and U.S. Department of Energy, Oak Ridge Operations, Oak Ridge, Tennessee

Oak Ridge Operations and OPEIU Local 268 (FLRA 0-AR-2941): temporary promotion grievance remains denied

An Oak Ridge employee sought a temporary GS-13 promotion, saying he had performed the duties of an organizational property management officer while that position's incumbent was away. An arbitrator denied the grievance, finding that the employee had never been assigned those higher-grade duties and…

September 28, 1998 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1399 and U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Region West

Defense Logistics Agency and AFGE Local 1399 (FLRA 0-AR-2934): internal dispute process award upheld

AFGE Local 1399 filed an unfair labor practice charge without first using an internal dispute resolution process agreed to by the Defense Logistics Agency and the union's DLA Council. An arbitrator found the agreement binding on the local and ordered it to use the internal process before taking…

September 28, 1998 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Naval Air Warfare Center, Aircraft Division, Patuxent River, Maryland and American Federation of Government Employees, Local 1744

Naval Air Warfare Center and AFGE Local 1744 (FLRA 0-AR-2893): placement grade corrected, backpay period returned

A Navy employee working at a computer help desk grieved that she had performed higher-grade duties without the promotion and pay required by the bargaining agreement. An arbitrator awarded a temporary GS-9 promotion and backpay and ordered the Navy to register her as a GS-9 in its Priority…

September 28, 1998 ·FLRA
Mixed result
ALJ

Higman Sand & Gravel, Inc.

Unguarded belts affirmed with reduced penalty

Higman Sand & Gravel operated a small screening plant powered by a generator in a trailer. MSHA cited the company after finding unguarded V-belts on the generator that could expose workers to pinch-point injuries. Judge Richard W. Manning found a violation of the guarding standard but held that the…

September 25, 1998 ·Richard W. Manning ·FMSHRC
Modified
COMM

Professional Airways Systems Specialists, District No. 6 and U.S. Department of the Navy, Marine Corps Air Station Cherry Point, North Carolina

Cherry Point and PASS District 6 (FLRA 0-NG-2269): three workplace health proposals outside bargaining duty

A union proposed procedures for addressing workplace concerns about employees' behavior at Marine Corps Air Station Cherry Point, including evaluations, reassignment offers, and counseling at government expense. The Authority found two proposals outside the duty to bargain because their terms would…

September 25, 1998 ·FLRA
Upheld
COMM

U.S. Department of the Army, Alaska and American Federation of Government Employees, Local 1834

Army Alaska and AFGE Local 1834 (FLRA 0-AR-2911): hazardous duty pay period returned for findings

Two Army clerks worked in an Alaska building where explosives were processed on the other side of a partition. An arbitrator awarded hazardous duty pay for their work there between 1990 and 1995. The Authority agreed that the arbitrator's factual findings supported eligibility for hazardous duty…

September 25, 1998 ·FLRA
Remanded
ALJ

Dynatec Mining Corporation

Fatal-accident penalties assessed at $90,000

Dynatec Mining Corporation constructed a wooden structure inside an underground copper mine's raise, which later collapsed and killed four miners. MSHA pursued one citation and 13 withdrawal orders against Dynatec, alleging violations involving ground control, ladders and manways, ventilation, and…

September 24, 1998 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

In re B-B- et al.

Reasonable corroboration advice was not ineffective assistance

The Board reviewed Iranian respondents' appeal from the denial of a motion to reopen proceedings in which they had been granted voluntary departure. They argued that former counsel had provided ineffective assistance by insisting on corroborating evidence before pursuing an asylum claim. The Board…

September 24, 1998 ·BIA
Affirmed
COMM

National Federation of Federal Employees, Local 1437 and U.S. Department of the Army, Army Armament Research, Development and Engineering Center, Picatinny Arsenal, New Jersey

NFFE Local 1437 and Army Armament Center (FLRA 0-AR-3078): union exceptions denied

NFFE Local 1437 challenged an arbitration award in a dispute with the Army Armament Research, Development and Engineering Center at Picatinny Arsenal. The Authority reviewed the record and found no ground under 5 U.S.C. § 7122(a) for setting aside the award. It denied the union's exceptions…

September 24, 1998 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 987 and U.S. Department of the Air Force, Robins Air Force Base, Warner Robins, Georgia

AFGE Local 987 and Robins Air Force Base (FLRA 0-AR-3069): union exceptions denied

AFGE Local 987 challenged an arbitration award in a dispute with Robins Air Force Base. The Authority reviewed the record and found no ground under 5 U.S.C. § 7122(a) for setting aside the award. It denied the union's exceptions, leaving the award in place. The published decision does not describe…

September 24, 1998 ·FLRA
Upheld
ALJ

Diamond May Mining

Highwall citation affirmed and penalty assessed

Diamond May Mining operated the Bubba Branch surface coal mine, where an inspector saw a front-end loader working below a loose, fractured highwall about 65 feet high. Judge Jacqueline R. Bulluck found that the mine failed to provide a safe work area and affirmed the citation under 30 C.F.R. §…

September 23, 1998 ·Jacqueline R. Bulluck ·FMSHRC
Citations affirmed
COMM

Norman Hargrove v. Strachan Shipping Company

Hargrove v. Strachan Shipping (BRB 97-0911): old claim remains open after failed withdrawal

Norman Hargrove injured his back at work in 1971 and attempted to withdraw his claim in 1973 after receiving payment. When he later sought to proceed, the Board found that the payment had not been an approved settlement and that the withdrawal had not met the applicable requirements. On…

September 23, 1998 ·BRB
Procedural
COMM

Contractors Sand and Gravel, Inc.

Attorney-fee award vacated

Contractors Sand and Gravel operated a small portable sand and gravel plant where MSHA cited two crusher motors under the electrical-grounding standard. After the company prevailed in the underlying Mine Act case, an ALJ awarded it attorney fees and expenses under the Equal Access to Justice Act…

September 22, 1998 ·FMSHRC
Citations vacated
COMM

George P. Shano v. Rene Cross Construction

Shano v. Rene Cross Construction (BRB 98-0166): marina worker excluded from Longshore coverage

George Shano formerly worked for Rene Cross Construction on a marina project. After a prior injury, he took a less strenuous job with Cypress Cove Marina, where he was later injured on a boat ramp. He sought Longshore Act benefits, arguing that his earlier construction work and the companies'…

September 21, 1998 ·BRB
Affirmed
ALJ

Metal Buildings of Wisconsin, Inc.

Willful fall-protection citation reduced to serious

Metal Buildings of Wisconsin employees installed steel decking about 37 feet above the ground without nets, safety lines, belts, or other fall protection, and one worker died after falling through a gap. The company used a safety monitor because it considered nets a fire hazard and other methods…

September 21, 1998 ·Sidney J. Goldstein ·OSHRC
Modified
COMM

Dean Bellmer v. Jones Oregon Stevedoring Company

Bellmer v. Jones Oregon Stevedoring (BRB 98-0504): delayed fee request returned to judge

Counsel for Dean Bellmer sought an increase in an attorney fee awarded in 1993 because payment had been delayed during appeals of the underlying decision. The judge refused to consider the request, reasoning that the fee award was already final. The Board held that the request should be treated as…

September 18, 1998 ·BRB
Procedural
ALJ

Heinz Pet Products a/d/a Star-Kist Foods, Inc.

Union objections did not prevent settlement approval

Heinz Pet Products and the Secretary reached a settlement after Heinz contested citations alleging several violations. The employees' union objected because it had not participated in the negotiations, questioned whether hazards were abated, and disputed the penalty reductions and…

September 18, 1998 ·Irving Sommer ·OSHRC
Settled
COMM

In re G-N-C-

Charging-document cancellation and reopening limits

The Board reviewed a Nigerian respondent's motion to reopen earlier deportation proceedings and appeal from later removal proceedings. It held that before jurisdiction vests with the Immigration Judge, the Service's decision to start or cancel a charging document is prosecutorial discretion that…

September 17, 1998 ·BIA
Procedural
COMM

Consolidation Coal Company

Dust withdrawal order vacated

Consolidation Coal's Robinson Run No. 95 Mine had respirable dust readings above the limit in a belt-cleaner position. MSHA cited the mine and later issued a section 104(b) withdrawal order for failure to abate, relying on a report that counted five samples. The Commission upheld the judge's…

September 16, 1998 ·FMSHRC
Citations affirmed
COMM

Consolidation Coal Company

Fire-evacuation S&S ruling remanded

Consolidation Coal operated an underground coal mine where a beltline fire occurred in the 16-M section. The ALJ found that the operator violated the fire-evacuation standard but that the violation was not significant and substantial, and assessed a $4,000 penalty. The Commission held that the ALJ…

September 16, 1998 ·FMSHRC
Remanded
COMM

Virgil J. Hess v. Director, Office of Workers' Compensation Programs

Hess v. Director, OWCP (BRB 97-1803): Black lung denial affirmed despite wrong claim test

Virgil Hess sought black lung benefits through a later claim after an earlier denial. The judge applied a modification test to the district director's denial, although the Board held that the proper question was whether new evidence showed a material change in conditions. The Board found the error…

September 15, 1998 ·BRB
Affirmed
ALJ

Nelson Tree Service, Inc.

Aerial-lift tie-off citation vacated for lack of knowledge

A Nelson Tree Service apprentice briefly operated an aerial lift without wearing the required safety belt after returning from a break. His crew leader had watched him tie off earlier, was completing paperwork in the truck when the lift rose, and could not see from the ground whether the belt was…

September 14, 1998 ·Nancy J. Spies ·OSHRC
Citations vacated
ALJ

Foss Maritime

Eyewash and walkway citations vacated

At Foss Maritime's repair facility, OSHA found a clogged eyewash near a caustic-soda parts tank and a yacht-access walkway without midrails. A working water hose was immediately beside the caustic tank, and Judge Stanley M. Schwartz found that the Secretary did not prove the hose was unsuitable for…

September 14, 1998 ·Stanley M. Schwartz ·OSHRC
Citations vacated
COMM

Thomas Kelly and Jonathan Prisk

In re Thomas Kelly and Jonathan Prisk (EAB CWA Appeal No. 98-(8)): implementation suspension denied

Thomas Kelly and Jonathan Prisk asked the Environmental Appeals Board to suspend implementation of a Regional Administrator's Decision and Order concerning whether a site was a wetland. The Board declined to suspend the order. It did not review the choice between the 1987 and 1989 Wetlands…

September 11, 1998 ·EPA EAB
Procedural
ALJ

Bovis Construction Corporation

Excavation citations vacated for lack of knowledge

A Bovis Construction subcontractor allowed employees into a deep excavation without a nearby safe exit, adequate water precautions, or cave-in protection. As general contractor, Bovis had enough supervisory authority to require subcontractor compliance, but its liability still depended on actual or…

September 11, 1998 ·Stephen J. Simko, Jr. ·OSHRC
Citations vacated
COMM

Select Steel Corporation of America

In re Select Steel Corporation of America (EAB PSD Appeal No. 98-21): permit review denied on all seven claims

The St. Francis Prayer Center sought review of a PSD permit for Select Steel Corporation of America's proposed specialty-steel mini-mill in Flint, Michigan. The petition raised seven issues, including lead, dioxin, and volatile-organic-compound monitoring, blood lead levels, environmental and…

September 10, 1998 ·EPA EAB
Affirmed
COMM

Maui Electric Company

In re Maui Electric Company (EAB PSD Appeal No. 98-2): BACT permit review denied

Maui Electric Company, Ltd. sought to expand its Maalaea Generating Station in Maui with two 20-megawatt simple-cycle combustion turbines. Waimana Enterprises argued that the PSD permit should require naphtha fuel as BACT for sulfur dioxide and selective catalytic reduction as BACT for nitrogen…

September 10, 1998 ·EPA EAB
Affirmed
ALJ

Newmont Gold Company

Ground-support citation vacated

Newmont Gold Company operated the Carlin East gold mine in Nevada. MSHA alleged that the mine failed to maintain ground support in a roadheader stope after a ground fall and cited 30 C.F.R. § 57.3360. Judge August F. Cetti found that the Secretary did not prove the ground support was inadequate…

September 9, 1998 ·August F. Cetti ·FMSHRC
Citations vacated
COMM

American Federation of Government Employees, Local 1592 and U.S. Department of the Air Force, Hill Air Force Base, Utah

Hill Air Force Base and AFGE Local 1592 (FLRA 0-AR-2959): union role cannot define RIF competitive level

During a reduction in force at Hill Air Force Base, a sheet metal worker serving as a full-time union representative was placed in the same competitive level as other sheet metal workers. An arbitrator found that the agency should have considered his union work when setting his competitive level…

September 8, 1998 ·FLRA
Set aside
COMM

U.S. Department of Veterans Affairs and American Federation of Government Employees, Local 1151

VA and AFGE Local 1151 (FLRA 0-AR-2951): email discipline reduction upheld

The Department of Veterans Affairs suspended an employee for seven days after personal email messages she sent to a coworker were distributed to people discussed in them. An arbitrator found that the suspension lacked good and sufficient cause, set it aside, and allowed a counseling letter instead…

September 8, 1998 ·FLRA
Upheld
COMM

National Naval Medical Center and Delores H. Smith

National Naval Medical Center (FLRA WA-CA-60576): complaint over reinstatement delay dismissed

An arbitrator directed the National Naval Medical Center to return voucher examiner Delores Smith to work after she provided an unequivocal medical statement that she could perform the job. The Authority upheld dismissal of a complaint alleging that the center took too long to comply. It found no…

September 4, 1998 ·FLRA
Upheld
COMM

Lone Mountain Processing, Inc.

Temporary-reinstatement dismissal affirmed

Roscoe Ray Young applied for work at Lone Mountain Processing after expecting to be laid off from another mine. He alleged that Lone Mountain refused to hire him because he would not work under unsafe conditions and sought temporary reinstatement under the Mine Act’s discrimination provision. The…

September 4, 1998 ·FMSHRC
Citations affirmed
ALJ

Scafar Contracting, Inc.

Two trench violations affirmed and three vacated

Scafar Contracting replaced an underground sewer line through a series of excavations in Newark, New Jersey. Judge Michael H. Schoenfeld found that employees building a manhole worked beside an inadequately protected excavation wall and that another trench used timber shoring that did not meet the…

September 4, 1998 ·Michael H. Schoenfeld ·OSHRC
Mixed result
COMM

National Lime & Stone, Inc.

Penalty assessment reopened

National Lime & Stone timely contested a citation but did not separately file a hearing request for the associated proposed penalty. The company attributed the late filing to a misunderstanding between its counsel and the Secretary’s counsel about the need to contest the penalty separately. The…

September 2, 1998 ·FMSHRC
Procedural
COMM

Daniel F. Bush v. I.T.O. Corporation

Bush v. I.T.O. Corporation (BRB 97-1707): full-time rehabilitation supported total disability

Daniel Bush injured his back while working as a refrigerator mechanic for I.T.O. Corporation and entered a Department of Labor sponsored nursing program. The judge awarded partial, rather than total, disability benefits during the program because Bush had a biology degree and could perform other…

September 2, 1998 ·BRB
Remanded
ALJ

Hobet Mining, Inc.

Dust-control citations partly resolved

Hobet Mining operated several West Virginia surface mines. The Secretary vacated one citation, and the judge accepted a settlement that modified two citations and reduced their total penalty to $720. The remaining five citations concerned visible drill dust and the requirement to use wet drilling…

August 31, 1998 ·Gary Melick ·FMSHRC
Mixed result
COMM

National Park Service and National Federation of Federal Employees, Local 2015

National Park Service (FLRA WA-CA-50682): remedy narrowed for union president's reprimand

The National Park Service reprimanded and suspended union president Robert Hyde after imposing work deadlines that an administrative law judge found were meant to punish protected union activity. The Authority adopted the judge's findings that the discipline for missed deadlines violated the…

August 31, 1998 ·FLRA
Mixed result
COMM

U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, Coast and Geodetic Survey, Aeronautical Charting Division and American Federation of Government Employees, Local 2640, AFL-CIO

NOAA Aeronautical Charting Division (FLRA WA-CA-40661): union activity led to unlawful restrictions

NOAA's Aeronautical Charting Division reprimanded union vice president Brian Anthony-Jung, fixed his previously flexible lunch period, denied him leave for union business, and moved him away from his computer work while restricting his contact with employees. The Authority found that these actions…

August 31, 1998 ·FLRA
Mixed result
COMM

U.S. Small Business Administration, Washington, D.C. and Robert Wildberger

SBA employee restrictions (FLRA WA-CA-21060): unfair labor practice complaint dismissed

An SBA employee alleged that the agency singled him out for restrictions because of his union organizing. The restrictions concerned his use of government equipment, time away from his desk, access to headquarters, and a large number of memoranda. A federal appeals court sent this complaint back to…

August 31, 1998 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Air Force Materiel Command and American Federation of Government Employees, Council 214, AFL-CIO

Air Force Materiel Command (FLRA CH-CA-50320): bargain over separation incentives

Air Force Materiel Command offered voluntary separation incentive payments to retirement-eligible employees to open permanent positions for trainees. It did so without giving AFGE Council 214 notice and an opportunity to bargain over implementation and arrangements for affected employees. Reversing…

August 31, 1998 ·FLRA
Set aside
COMM

General Services Administration, Region 2, New York, New York and American Federation of Government Employees, Local 2431, AFL-CIO

GSA Region 2 (FLRA BN-CA-60463): union was entitled to attend witness preparation meeting

A General Services Administration attorney met for more than two hours with a team leader to prepare his testimony for an arbitration over another employee's performance rating. GSA did not tell AFGE Local 2431 about the meeting or give it a chance to attend. The Authority adopted an administrative…

August 31, 1998 ·FLRA
Upheld
ALJ

Bilran Excavating Company

Inadequately sloped trench violation affirmed

Bilran Excavating installed a water line in a trench about 8.5 feet deep with no shoring and walls sloped at 58 degrees. Its competent persons had not performed the required visual and manual soil analysis before the foreman entered the trench. Judge Covette Rooney held that without a valid soil…

August 31, 1998 ·Covette Rooney ·OSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 3354 and U.S. Department of Agriculture, Farm Services Agency, Kansas City Management Office

FSA St. Louis staffing proposal (FLRA 0-NG-2407): bargaining duty split by sentence

AFGE Local 3354 proposed that the Farm Services Agency refill vacant positions at its St. Louis division within 90 days when funds were available. The proposal also called for the parties to request help from the Federal Service Impasses Panel if they disputed whether enough money was available…

August 31, 1998 ·FLRA
Mixed result
COMM

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

FAA Oshkosh air show (FLRA 0-AR-3058): union seniority rule governs unit assignments

The FAA used employees' agency hire dates to rank applicants for temporary assignments at the 1998 Oshkosh air show. The National Air Traffic Controllers Association had adopted a seniority rule based on time in the bargaining unit, which an arbitrator found controlled under the parties' agreement…

August 31, 1998 ·FLRA
Upheld
COMM

Federal Education Association and U.S. Department of Defense, Dependents Schools

Overseas teachers' home of record (FLRA 0-AR-3021): travel grievance denied

Three Defense Department teachers hired overseas sought to change their designated homes of record, which affect travel and transportation benefits. An arbitrator found that each employee's home of record had been determined correctly and denied their grievances. The union argued that the…

August 31, 1998 ·FLRA
Upheld
COMM

American Federation of Government Employees, Council 163 and Local 2551 and U.S. Department of Defense, Defense Contract Audit Agency

Defense Contract Audit Agency (FLRA 0-AR-3020): moving expense denial upheld

The Defense Contract Audit Agency moved an auditor's duty station from Sudbury to Bedford, Massachusetts, about 11 miles away. The auditor sought reimbursement for moving his home, but the agency denied permanent change of station expenses. An arbitrator upheld the denial, and the Authority denied…

August 31, 1998 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1164 and Social Security Administration, Region I, Boston, Massachusetts

Social Security Administration Region I (FLRA 0-AR-2953): revised award limits upheld

SSA Region I and AFGE Local 1164 agreed on award amounts under the funding guidelines then in effect. A national labor and management council later tightened the limit on transferring money between award categories and required unpaid awards to be reconsidered. The region reallocated the awards…

August 31, 1998 ·FLRA
Upheld
COMM

American Federation of Government Employees, National Council of SSA Field Operations Locals, Council 220 and Social Security Administration

Social Security Administration (FLRA 0-AR-2912): federal holiday rule controls compressed schedules

The Social Security Administration and AFGE Council 220 had agreed that employees on a compressed schedule would take Tuesday as a substitute holiday when a holiday fell on their Monday day off. After the Office of Personnel Management corrected its earlier guidance, the agency changed the…

August 31, 1998 ·FLRA
Upheld
COMM

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

Border Patrol details (FLRA 0-AR-2896): contract already covered the bargaining subject

The National Border Patrol Council asked the Border Patrol to bargain over long-term, large-scale assignments of agents to other locations. An arbitrator denied the union's grievance, finding that several provisions of the parties' collective bargaining agreement already covered personnel details…

August 31, 1998 ·FLRA
Upheld
COMM

Hubb Corporation

Discrimination proceeding remanded

Clemmie Callahan worked as a roof bolter at Hubb Corporation’s underground coal mine and filed a discrimination complaint after being laid off. Callahan later settled his claim and moved to dismiss the proceeding, but the Secretary objected and sought to continue the case. Three commissioners voted…

August 28, 1998 ·FMSHRC
Remanded
COMM

United States Army Intelligence Center and Fort Huachuca, Arizona and American Federation of Government Employees, Local 1662

Fort Huachuca personal representation (FLRA DE-CA-70033): complaint dismissed

An Army employee who served as a union steward accompanied a friend to meetings with management as the friend's personal representative. The friend was a personnel staffing specialist outside the bargaining unit. Management later barred the steward from continuing to represent her, citing a…

August 28, 1998 ·FLRA
Upheld
ALJ

The Fishel Company

Willful trench citations vacated for employee misconduct

A Fishel Company crew leader entered an unshored Type C trench more than five feet deep while a spoil pile and backhoe were close to the edge. As crew leader and competent person, his knowledge of the conditions was imputable to Fishel. Judge Ken S. Welsch nevertheless found unpreventable employee…

August 28, 1998 ·Ken S. Welsch ·OSHRC
Citations vacated
COMM

U.S. Department of Defense, Department of Defense Dependents Schools and Federal Education Association

Dependents Schools interest fees (FLRA 0-AR-3033): attorney fee award upheld

The Defense Department paid employees late but did not pay the interest due on those payments. After earlier arbitration established the employees' right to interest, another arbitrator fixed the interest start date for one employee and later awarded about $25,000 in fees and costs for work on his…

August 28, 1998 ·FLRA
Upheld

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.