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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ALJ

Harlan Cumberland Coal Co.

$10,340 penalty assessed

Harlan Cumberland Coal Company operated the C-2 and H-1 underground coal mines in Kentucky. Judge Avram Weisberger evaluated consolidated violations involving roof and rib control, electrical equipment, ventilation, methane, and compliance with an approved plan. He dismissed two citations…

August 23, 1996 ·Avram Weisberger ·FMSHRC
Modified
COMM

In re Efrain Amaya-Castro

Protections applied to unaccompanied minor's admissions

The Board reviewed the deportation case of an unaccompanied and unrepresented Honduran minor who was under 16 when the proceedings began. It held that serving the Order to Show Cause on the director of the detention facility was proper, and that an Immigration Judge may consider a minor's…

August 23, 1996 ·BIA
Remanded
ALJ

Jim Smith Body Shop Wrecker Serv.

Unmailed protest did not preserve contest rights

Jim Smith Body Shop received OSHA's citations and proposed penalties on January 25, 1996, making its notice of contest due February 15. The owner began a protest letter dated February 7, but the postage meter was dated February 16 and the letter did not reach the Little Rock post office until…

August 23, 1996 ·Irving Sommer ·OSHRC
Procedural
COMM

American Federation of Government Employees, Council 215 and Social Security Administration, Office of Hearings and Appeals

AFGE Council 215 and SSA Office of Hearings and Appeals (FLRA 0-AR-2737): grievance denial upheld

The Social Security Administration assigned 13 employees to work details after seeking volunteers. AFGE Council 215 argued that the agency should have notified and bargained with it first. An arbitrator denied the grievance, finding that the collective bargaining agreement covered the details. The…

August 23, 1996 ·FLRA
Upheld
COMM

Minnesota Ore Operations, USX Corporation

Split Commission leaves reinstatement denial standing

Ronald A. Markovich sought temporary reinstatement after Minnesota Ore Operations, USX Corporation suspended him with intent to discharge him. The judge denied the request. Two Commissioners would have affirmed that denial; two would have reversed it, finding that the complaint met the limited…

August 22, 1996 ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Council 236 and Local 2600; General Services Administration; and Leo Jack Fagan

AFGE Council 236, Local 2600 and GSA (FLRA SF-CO-40843): dues revocation remedy narrowed

A GSA employee mailed a form to cancel union dues withholding, but deductions continued after the form was delivered to the agency's mailroom. An administrative law judge found violations by GSA, AFGE, Council 236, and Local 2600. The Federal Labor Relations Authority reversed the findings against…

August 20, 1996 ·FLRA
Mixed result
COMM

James N. Dominey v. ARCO Oil and Gas Company and Cigna Insurance Company

Dominey v. ARCO Oil and Gas (BRB 94-2471): Special Fund relief affirmed

James Dominey became permanently totally disabled after a back injury while working on an offshore oil rig. He had undergone three earlier back surgeries and had a permanent impairment before the work injury. The employer sought to shift compensation liability after 104 weeks to the Longshore Act's…

August 20, 1996 ·BRB
Affirmed
COMM

National Association of Government Employees, Local R5-168 and U.S. Department of the Army, Fort Polk, Louisiana

NAGE Local R5-168 and Fort Polk (FLRA 0-AR-2786): late pay grievance remains dismissed

Six high voltage electricians at Fort Polk sought environmental differential pay for exposure to a potentially hazardous substance. The Army allowed pay for only part of their work time. The union first took its claim to the General Accounting Office, then filed a grievance after that office…

August 20, 1996 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 4015 and U.S. Department of the Navy, Norfolk Naval Shipyard

AFGE Local 4015 and Norfolk Naval Shipyard (FLRA 0-AR-2775): attorney fees denied

Norfolk Naval Shipyard employees who had been downgraded in a reduction in force won an arbitration award requiring priority consideration for later openings at their former grade. The award did not require their appointment to those jobs or provide backpay. AFGE Local 4015 sought attorney fees…

August 20, 1996 ·FLRA
Upheld
COMM

BHP Minerals International Inc.

Circuit-breaker violation remanded

BHP Minerals International operated the Navajo surface coal mine in New Mexico. The Commission reviewed the setting of an instantaneous circuit breaker that protected an electric motor and found that placing it at the highest setting did not provide the required overcurrent protection. It reversed…

August 19, 1996 ·FMSHRC
Remanded
COMM

Lucille Force v. Kaiser Aluminum and Chemical Corporation and Firemen's Fund Insurance Company

Force v. Kaiser Aluminum (BRB 93-0296): settlement offset returned for apportionment

Lucille Force sought death benefits after her husband died of a work-related asbestos disease, along with disability benefits owed before his death. Their earlier third-party settlement also involved their children's claims. The Board held that the judge had to separate the amounts received by…

August 19, 1996 ·BRB
Remanded
COMM

Gary Development Company

In re Gary Development Company (EAB RCRA (3008) Appeal No. 96-2): appeal dismissed as untimely

Gary Development Company sought to appeal an administrative law judge's decision concerning hazardous waste disposal at an Indiana landfill. The initial decision required closure, post-closure care, and groundwater monitoring and assessed an $86,000 penalty. The Environmental Appeals Board found…

August 16, 1996 ·EPA EAB
Procedural
COMM

Department of Veterans Affairs Medical Center and Veterans Canteen Service, Denver, Colorado and American Federation of Government Employees, Local 2241

Denver VA Medical Center and AFGE Local 2241 (FLRA DE-CA-40068): camera bargaining complaint dismissed

The Denver VA Canteen used hidden cameras over cafeteria cash registers during a six-day investigation of unexplained losses. AFGE Local 2241 learned of the cameras afterward and sought bargaining over their installation and use. An administrative law judge recommended dismissing the resulting…

August 16, 1996 ·FLRA
Upheld
ALJ

Kirila Contractors, Inc.

Fifth excavation offense affirmed as willful

Kirila excavated beside a highway to push a gas line and allowed its president and another employee to work in an area at least five feet deep without sloping or another protective system. The judge rejected the claim that only a small sump hole exceeded five feet and found that the cited wall was…

August 16, 1996 ·Covette Rooney ·OSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 916 and Defense Logistics Agency, Defense Distribution Depot Oklahoma

AFGE Local 916 and Defense Distribution Depot Oklahoma (FLRA 0-AR-2818): late grievance dismissal upheld

AFGE Local 916 alleged that a Defense Logistics Agency depot conducted a classification survey without the advance notice required by the parties' agreement. An arbitrator found that the union knew of the relevant desk audit in late 1994 but waited until March 1995 to file its grievance, beyond the…

August 16, 1996 ·FLRA
Upheld
COMM

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

FAA and National Air Traffic Controllers Association (FLRA 0-AR-2686): medical expense award set aside

An FAA air traffic controller sought help through the agency's employee assistance program for an alcohol-related condition. After she began an outpatient program, the agency required inpatient treatment that her insurance did not cover. An arbitrator ordered the FAA to reimburse her medical costs…

August 16, 1996 ·FLRA
Modified
COMM

Elizabeth Armfield v. Shell Offshore, Incorporated

Armfield v. Shell Offshore (BRB 92-2561): permanent total disability award affirmed

Elizabeth Armfield sustained wrist and back injuries while working for Shell Offshore and developed work-related psychological conditions. An earlier Board decision asked the judge to consider whether her later secretarial job showed that suitable alternative work was available. On remand, the…

August 15, 1996 ·BRB
Affirmed
COMM

Johnny Quan v. Marine Power & Equipment Company and Industrial Indemnity Insurance Company

Quan v. Marine Power & Equipment (BRB 92-0861): wage capacity and Special Fund relief reconsidered

Johnny Quan could not return to ship scaling after a work-related shoulder injury. The judge awarded disability benefits and shifted payment responsibility after 104 weeks to the Longshore Act's Special Fund. The Board held that the judge had not adequately compared Quan's earning capacity with and…

August 15, 1996 ·BRB
Remanded
COMM

U.S. Department of Defense Dependents Schools and Overseas Education Association

Defense Dependents Schools and Overseas Education Association (FLRA 0-AR-2638): teachers' summer travel award upheld

Two teachers at overseas Defense Dependents Schools paid their own costs for summer travel to and from the United States after the agency denied renewal agreement travel. An arbitrator found that both had completed the required school year of service and signed agreements to return to their…

August 15, 1996 ·FLRA
Upheld
ALJ

Primrose Coal Company

Electrical citations affirmed

Primrose Coal Company operated the Primrose Slope mine in Pennsylvania. Judge Gary Melick considered three consolidated civil penalty proceedings involving electrical grounding, bonding, and frame-grounding requirements. He affirmed the citations, approved a reduced settlement penalty for some…

August 14, 1996 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Helal Uddin v. Saipan Stevedore Company, Incorporated

Uddin v. Saipan Stevedore (BRB 93-1947): Longshore Act coverage in Northern Mariana Islands upheld

Helal Uddin injured his back while working as a stevedore aboard a ship in Saipan. The judge awarded permanent partial disability and medical benefits. On appeal, the employer argued only that the Longshore Act did not apply in the Commonwealth of the Northern Mariana Islands. The Board rejected…

August 13, 1996 ·BRB
Affirmed
ALJ

Manalapan Mining Co.

Accident-reporting citations affirmed

Manalapan Mining operated Mine No. 9 in Kentucky. Judge Gary Melick considered six citations concerning failures to report accidents or occupational injuries under 30 C.F.R. § 50.20. He approved a settlement reduction for four citations, found little negligence for one disputed reporting violation…

August 12, 1996 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Glenn's Trucking Co., Inc.

Settlement approved at $1,350

Glenn's Trucking Co. faced a proposed civil penalty of $2,000. Judge Gary Melick approved the parties' settlement, reducing the penalty to $1,350, and ordered payment within 30 days. The order does not identify the underlying safety standard or describe the cited condition.

August 9, 1996 ·Gary Melick ·FMSHRC
Settled
ALJ

Knife River Coal Mining Co.

Misfired-shot safety violations affirmed

Knife River Coal Mining operated the Savage Mine in Montana. After a shot misfired, a supervisor required a miner to return to the pit in street clothes and without required protective equipment to help detonate it. Judge T. Todd Hodgdon affirmed two violations, found the conduct an unwarrantable…

August 8, 1996 ·T. Todd Hodgdon ·FMSHRC
Citations affirmed
COMM

Day Branch Coal Company, Inc. and Bobby Joe Hensley

Dismissal vacated and remanded

Day Branch Coal Company and Bobby Joe Hensley asked the Commission to review dismissal of a large group of contest proceedings. The Commission found that the ALJ dismissed the cases before the operators’ response period had expired under the Commission’s service rules. It vacated the dismissal…

August 7, 1996 ·FMSHRC
Remanded
COMM

Secretary of Labor o/b/o Perry Poddey v. Tanglewood Energy, Inc.

Penalty vacated and back-pay offset reversed

Tanglewood Energy operated an underground coal mine where a scoop's emergency-parking brake repeatedly became ineffective after its securing bolt loosened. Miner Perry Poddey reported the problem to mine personnel and an MSHA inspector, then was discharged after confronting a foreman about the…

August 5, 1996 ·FMSHRC
Mixed result
ALJ

Gouverneur Talc Co., Inc.

Highwall violations modified with $3,000 penalty

Gouverneur Talc operated a surface talc mine with benches and highwalls. Judge Avram Weisberger found that the mine used a loader at a muck pile whose height exceeded the equipment's reach, and that loose material above a travelway was not taken down or supported. He found both violations were not…

August 2, 1996 ·Avram Weisberger ·FMSHRC
Modified
ALJ

Mutual Mining, Inc.

Full back pay ordered after remand

Judge Arthur J. Amchan had previously found that Mutual Mining violated section 105(c) by discharging five complainants. He had ordered back-pay amounts for Cletis Wamsley, Clark D. Williamson, Samuel Coyle, John B. Taylor, and Robert A. Lewis, subject to subtracting unemployment compensation under…

August 2, 1996 ·Arthur J. Amchan ·FMSHRC
Procedural
ALJ

Connelly Construction Corp.

Scaffold guardrail violation affirmed as willful

Connelly performed masonry work from multi-level scaffolding at a shopping mall construction site. The judge found serious violations for employees without hard hats, inadequate scaffold access, missing overhead screening above a building entrance, and unguarded stairways. The principal…

August 2, 1996 ·John H. Frye III ·OSHRC
Mixed result
ALJ

Lu Mar Enterprises

Settlement of excavation citations approved

OSHA issued Lu Mar two citations alleging serious and willful excavation-related violations at a New Jersey worksite. After hearings on three dates, the parties reached a settlement and placed its terms on the record. The judge approved and incorporated the stipulated settlement in full. The…

August 2, 1996 ·Irving Sommer ·OSHRC
Settled
ALJ

Vecellio & Grogan Incorporated

High-voltage violation affirmed with $6,000 penalty

Vecellio & Grogan operated White Rock Quarries, a limestone quarry. A foreman was electrocuted after a boom truck contacted an energized 13,200-volt overhead power line while the foreman held the boom chain and signaled the operator. Judge Paul Merlin found a violation of the 10-foot clearance and…

August 1, 1996 ·Paul Merlin ·FMSHRC
Citations affirmed
ALJ

Stillwater Mining Company

One chute citation affirmed and one vacated

Stillwater Mining operated an underground platinum mine where a chute gate assembly failed and a miner was buried under falling ore. Judge Arthur J. Amchan affirmed a violation alleging that the chute-gate bolts were used beyond their design capacity, but assessed a $1,500 penalty instead of the…

July 31, 1996 ·Arthur J. Amchan ·FMSHRC
Mixed result
COMM

Department of Veterans Affairs Medical Center, Hampton, Virginia and American Federation of Government Employees, Local 2328

Hampton VA Medical Center and AFGE Local 2328 (FLRA WA-CA-21066): representation order reaffirmed

The Hampton VA Medical Center sought reconsideration of a ruling that it violated an employee's right to active union representation during a quality assurance investigation. The Federal Labor Relations Authority agreed to examine the VA's regulatory arguments but left its earlier unfair labor…

July 31, 1996 ·FLRA
Upheld
COMM

Joann Schoen v. United States Chamber of Commerce and Travelers Insurance Company

Schoen v. United States Chamber of Commerce (BRB 91-2071): medical reimbursement limit affirmed

Joann Schoen had an existing permanent disability award for a work-related back and leg injury. She sought reimbursement for treatment at a Boston pain center after requesting the employer's authorization. The Board upheld the judge's finding that the employer's delayed response constructively…

July 31, 1996 ·BRB
Affirmed
COMM

Defense Mapping Agency, Hydrographic/Topographic Center, Louisville Office and National Federation of Federal Employees, Local 1482

Defense Mapping Agency and NFFE Local 1482 (FLRA AT-CA-20190): Information complaint dismissed as moot

NFFE Local 1482 sought records about the suspension of its president's security clearance, and the General Counsel alleged that the Defense Mapping Agency's Louisville office failed to provide requested information. An administrative law judge found no violation, and the General Counsel and union…

July 31, 1996 ·FLRA
Procedural
COMM

Yellow Freight Systems, Inc.

DOT rules did not preempt OSHA spill protections

OSHA cited Yellow Freight after hazardous-material spills at its Colorado freight terminal. The Commission held that the governing transportation statute expressly prevented Department of Transportation actions from preempting OSHA enforcement for the cited working conditions. It remanded the…

July 31, 1996 ·OSHRC
Mixed result
COMM

American Federation of Government Employees, Local 1138, Council 214 and U.S. Department of the Air Force, Wright-Patterson Air Force Base

AFGE Local 1138 and Wright-Patterson AFB (FLRA 0-NG-2195): boiler job bidding proposal rejected

AFGE Local 1138 proposed a common seniority list for boiler plant mechanics and operators at Wright-Patterson Air Force Base. Employees would bid on mechanic and operator assignments, with seniority controlling the selection. The Federal Labor Relations Authority found that the proposal could place…

July 31, 1996 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local Council 141 and Texas National Guard

AFGE Local Council 141 and Texas National Guard (FLRA 0-AR-2805): hazard pay denial upheld

Texas National Guard aircraft survival equipment repairers sought environmental differential pay for work with low-degree explosives and incendiary devices. An arbitrator denied the grievance after finding that protective measures had practically eliminated the potential for injury. The Federal…

July 31, 1996 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R1-109 and Department of Veterans Affairs Medical Center, Newington, Connecticut

NAGE Local R1-109 and Newington VA Medical Center (FLRA 0-AR-2741): suspension sent back for sick leave findings

The Newington VA Medical Center suspended an employee for seven days, citing absence without leave and insubordination. An arbitrator rejected the insubordination charge but sustained the absence charge and reduced the suspension to five days. The Federal Labor Relations Authority set aside the…

July 31, 1996 ·FLRA
Remanded
COMM

Social Security Administration and American Federation of Government Employees, Local 3342

SSA and AFGE Local 3342 (FLRA 0-AR-2702): claims clerk promotion and backpay upheld

A Social Security Administration claims clerk received a GS-5 career ladder promotion about eight weeks after the date she said it was due. An arbitrator found that she had already met the promotion requirements and that the agency's failure to promote her and assist with documenting her experience…

July 31, 1996 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Philadelphia Naval Shipyard and Planners, Estimators, Progressmen and Schedulers Union, Local 2

Philadelphia Naval Shipyard and PEPS Union Local 2 (FLRA 0-AR-2674): rotating supervisory details struck

The Philadelphia Naval Shipyard filled a supervisory production controller position after improperly assigning one employee to it without following the parties' detail procedure. A later arbitrator ordered the agency to rotate eight grievants through four-month supervisory details as part of the…

July 31, 1996 ·FLRA
Modified
COMM

American Federation of Government Employees, Local 4042 and Army Air Force Exchange Service, Waco Distribution Center

AFGE Local 4042 and Waco Exchange Service (FLRA 0-AR-2661): bulletin board award upheld

AFGE Local 4042 posted an anonymous message about working conditions on its bulletin board at the Waco Distribution Center and refused management's requests to remove it. An arbitrator found that the posting violated the parties' agreement and an agency rule, then ordered a notice and reimbursement…

July 31, 1996 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs, Regional Office, Boston, Massachusetts and American Federation of Government Employees, Local 2772

Boston VA Regional Office and AFGE Local 2772 (FLRA 0-AR-2659): promotion remedy revised

A Boston VA Regional Office panel sent two six-person lists to the selecting official for two vacancies. An arbitrator found that the parties' agreement required a smaller, single best-qualified list and ordered selections from the original list. The Federal Labor Relations Authority upheld the…

July 31, 1996 ·FLRA
Modified
COMM

U.S. Department of Defense, Idaho National Guard and American Federation of Government Employees, Local 3006

Idaho National Guard and AFGE Local 3006 (FLRA 0-AR-2571): technician severance award set aside

An Idaho National Guard civilian technician lost his civilian job after the Guard barred his reenlistment, which ended the membership required for technician employment. An arbitrator awarded severance pay after finding that the technician had not been given a fair chance to overcome the…

July 31, 1996 ·FLRA
Set aside
COMM

Fluor Daniel, Incorporated

Service-brake citation reinstated and remanded

At the Ridgeway open-pit gold mine, a Fluor employee's forklift rolled on a grade and pushed Fluor employee Johnny Ray over a berm at the top of a highwall. Ray fell to a bench 86 feet below and sustained fatal injuries. The ALJ had vacated the service-brake citation, but the Commission held that…

July 30, 1996 ·FMSHRC
Remanded
COMM

Samuel L. Jenkins v. Norfolk & Western Railway Company

Jenkins v. Norfolk & Western Railway (BRB 92-0102): settlement credit limited to net recovery

Samuel Jenkins received a permanent total disability award under the Longshore Act after a back injury at Norfolk & Western Railway. He had previously settled a claim under the Federal Employers' Liability Act for the same injury. The judge allowed the employer to credit the gross settlement…

July 30, 1996 ·BRB
Remanded
COMM

U.S. Department of the Treasury, United States Mint, Philadelphia and Fraternal Order of Police, Lodge F1-PA

Philadelphia Mint and FOP Lodge F1-PA (FLRA 0-AR-2758): suspension grievance proceeds to arbitration

The Fraternal Order of Police timely requested arbitration of a Philadelphia Mint officer's suspension grievance but did not request an arbitrator list from the Federal Mediation and Conciliation Service within the agreement's ten-day period. An arbitrator found that the missed administrative step…

July 30, 1996 ·FLRA
Upheld
ALJ

Black Star Mining Company, Incorporated

Roof citation modified with $463 total penalty

Black Star Mining operated the No. 3 Mine. Judge Avram Weisberger approved settlements of two citations, one for $50 and another reduced from $690 to $363. He found a roof-support violation involving cracks above the supported roof area, but found it was not significant and substantial and that the…

July 29, 1996 ·Avram Weisberger ·FMSHRC
Mixed result
ALJ

Pittsburg & Midway Coal Mining Co.

Settlement approved with $10,000 penalty

Pittsburg & Midway Coal Mining used drill power to remove an adapter, and a wrench flew off and struck a miner who later died. The parties agreed that the evidence did not support the inspector's findings of high negligence and unwarrantable failure because the procedure had been used for years and…

July 29, 1996 ·August F. Cetti ·FMSHRC
Settled
COMM

American Federation of Government Employees, Local 2501 and Clarence C. Brown

AFGE Local 2501 and Clarence Brown (FLRA AT-CO-30678): union complaint dismissed for lack of notice

An employee complained that AFGE Local 2501 canceled arbitration of his suspension grievance because he would not help pay its costs. An administrative law judge rejected the complaint's allegations but found a separate violation based on the union president's statement to a grievance committee…

July 29, 1996 ·FLRA
Set aside
COMM

Army and Air Force Exchange Service, Dallas, Texas and American Federation of Government Employees, Local 3854

Army and Air Force Exchange Service and AFGE Local 3854 (FLRA 0-AR-2692): reinstatement exceptions dismissed

An arbitrator ordered the Army and Air Force Exchange Service to reinstate a probationary employee with backpay after finding her separation unjustified. The agency filed exceptions to the award. The Federal Labor Relations Authority dismissed them without deciding the merits. It held that a…

July 29, 1996 ·FLRA
Procedural
ALJ

Lion Mining Company

Roof-control violation affirmed on remand

Lion Mining Company was cited after it mined a notch from a coal pillar without first installing roadway posts required by its roof control plan. On remand from the Commission, Judge T. Todd Hodgdon found that the violation was significant and substantial and resulted from unwarrantable failure…

July 26, 1996 ·T. Todd Hodgdon ·FMSHRC
Citations affirmed
ALJ

Minnesota Ore Operations, USX Corporation

Temporary reinstatement denied

Ronald A. Markovich, a miners' representative at Minnesota Ore Operations, was discharged after the company determined that he had repeatedly removed or tampered with No Smoking stickers in an elevator. The Secretary of Labor sought his temporary reinstatement, alleging that the discharge was…

July 26, 1996 ·Arthur J. Amchan ·FMSHRC
Procedural
ALJ

William W. Long, employed by APAC, Arkansas Incorporated, McClinton - Anchor Division

$600 settlement approved

William W. Long, an employee of APAC, Arkansas Incorporated's McClinton-Anchor Division, was assessed an individual civil penalty after a conveyor belt was not deenergized and locked out before employees removed a large rock and applied belt dressing to the head pulley. The violation resulted in an…

July 26, 1996 ·Paul Merlin ·FMSHRC
Settled
COMM

Sport Air Traffic Controllers Organization and U.S. Department of the Air Force, Air Force Flight Test Center

Sport Air Traffic Controllers and Edwards AFB (FLRA 0-AR-2829): agency counsel grievance denied

After the Sport Air Traffic Controllers Organization filed an unfair labor practice charge, the Air Force Flight Test Center assigned an attorney from its legal office to represent it. The union grieved that designation, arguing the agreement required a local second-level supervisor to serve as the…

July 26, 1996 ·FLRA
Upheld
COMM

International Organization of Masters, Mates and Pilots, Panama Canal Pilots Branch and Panama Canal Commission

Panama Canal pilots and Canal Commission (FLRA 0-AR-2821): unscheduled assignment bonus denied

Two Panama Canal pilots reported for unscheduled assignments but were released before boarding vessels because of operational or weather conditions. They sought the bonus paid for unscheduled piloting assignments. An arbitrator found that the parties' agreement required a pilot at least to board a…

July 26, 1996 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1617 and U.S. Department of the Air Force, San Antonio Air Logistics Center

AFGE Local 1617 and San Antonio Air Logistics Center (FLRA 0-AR-2744): higher-grade pay grievance denied

A GS-5 plans and mobility assistant at the San Antonio Air Logistics Center claimed she had performed GS-7 duties without additional pay. An arbitrator found that the record did not show she performed the duties that controlled the higher grade and denied the grievance. The Federal Labor Relations…

July 26, 1996 ·FLRA
Upheld
COMM

In re Chaplain Services, Inc.

Recognition denied after allegations remained unrebutted

The Board reviewed Chaplain Services, Inc.'s application for recognition as a nonprofit organization providing immigration assistance. It held that the organization had not rebutted prior allegations that its personnel supplied misinformation, improperly submitted attorney appearance forms, charged…

July 25, 1996 ·BIA
Other
COMM

Badger Underground Constr., Inc.

Default relief denied after certified notice

Badger failed to answer the Secretary's complaint or respond to a show-cause order, so its notice of contest was dismissed and the citations and proposed penalties became final. More than a year later, it appealed the Secretary's penalty-collection efforts and claimed that it had not received the…

July 25, 1996 ·OSHRC
Procedural
COMM

U.S. Department of the Air Force, San Antonio Air Logistics Center and American Federation of Government Employees, Local 1617

San Antonio Air Logistics Center and AFGE Local 1617 (FLRA 0-AR-2688): selection remedy upheld

A GS-9 contract specialist challenged his nonselection for an Air Force organizational development consultant job. An arbitrator found that the agency had selected an applicant who lacked a required qualification, but could not determine that the grievant would have been chosen instead. She ordered…

July 25, 1996 ·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.