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.

60,101 decisions and counting · Latest decision October 28, 2026
60,101 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

COMM

AFGE Council 215, National Council of SSA OHA Locals and U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals

Social Security Administration Office of Hearings and Appeals (FLRA 0-AR-2295): promotion remedy upheld

The Social Security Administration changed factors used to rank applicants for two policy analyst positions without notifying the union or bargaining over the effects. An arbitrator found a contract violation and ordered notice and bargaining over future changes, but declined to cancel the…

February 26, 1993 ·FLRA
Upheld
COMM

Brown Brothers Sand Company

Late review petition denied

Brown Brothers Sand Company challenged an ALJ decision finding two Mine Act violations, but filed its petition for discretionary review after the 30-day deadline. The company acknowledged that it deliberately waited past the deadline. The Commission held that the late filing did not satisfy the…

February 25, 1993 ·FMSHRC
Procedural
COMM

AFGE Local 3172 and U.S. Department of Health and Human Services, Social Security Administration, San Jose District Office

Social Security Administration San Jose District Office (FLRA 0-NG-2118): late agreement disapproval ends appeal

A union and the Social Security Administration's San Jose office signed a memorandum of understanding. The agency head later disapproved it, and the union filed a negotiability petition. The Authority found that the agency had not shown it served the disapproval within the required 30 days. The…

February 25, 1993 ·FLRA
Procedural
ALJ

Consolidation Coal Company

Trolley-switch citation vacated

Consolidation Coal used a trolley switch as a dead block at its Osage No. 3 Mine after removing the switch handle and blade but leaving the fingers attached. MSHA cited the practice under 30 C.F.R. § 75.520, and the Secretary sought a $50 civil penalty. Judge David F. Barbour found that the switch…

February 24, 1993 ·David F. Barbour ·FMSHRC
Citations vacated
ALJ

Western Sand & Gravel

Settlement approved at $192

Western Sand & Gravel operated the Tenino Pit and faced a proposed civil penalty of $431. The parties jointly asked the judge to approve a settlement reducing the penalty to $192. Judge Paul Merlin found the reduction appropriate in light of the operator's small size and negligible history. He…

February 24, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

U.S. Borax

Retaliatory suspension found

U.S. Borax suspended chief production operator Stephen D. Jungers after he raised concerns about how sodium dithionite fires were handled at the Boron Mill. Judge August F. Cetti found that Jungers made good-faith safety complaints, that the suspension followed those complaints closely, and that…

February 24, 1993 ·August F. Cetti ·FMSHRC
Citations affirmed
COMM

Wego Chemical & Mineral Corporation

In re Wego Chemical & Mineral Corporation (EAB TSCA Appeal No. 92-4): $42,000 penalty affirmed

Wego Chemical & Mineral Corporation, a New York chemical importer, failed to file a Preliminary Assessment Information Report for imported urea-formaldehyde polymer and Inventory Update Reports for imported oxalic and citric acids. The EAB rejected Wego's arguments that an earlier settlement barred…

February 24, 1993 ·EPA EAB
Affirmed
COMM

U.S. Department of Transportation, Federal Aviation Administration and National Air Traffic Controllers Association, Stockton Tower and Oakland Center Locals

FAA Stockton Tower and Oakland Center (FLRA 9-CA-10403): drug testing lists ordered disclosed

The air traffic controllers' locals at Stockton Tower and Oakland Center requested the lists used to select employees for random drug testing. The FAA provided copies with the names of employees outside the bargaining unit removed. The Authority found that the full lists were necessary for the…

February 24, 1993 ·FLRA
Upheld
COMM

AFGE Local 900 and U.S. Department of the Army, U.S. Army Reserve Personnel Center

Army Reserve Personnel Center (FLRA 0-NG-2069): disputed overtime and record provisions rejected

The Army disapproved several locally negotiated agreement provisions at the Army Reserve Personnel Center. The Authority found that a rule defining which employees qualified for overtime work restricted management's right to assign work. It found two provisions offering overtime compensation for…

February 24, 1993 ·FLRA
Upheld
ALJ

Western Sand & Gravel

Ten-violation settlement approved at $642

Western Sand & Gravel faced ten civil penalty violations at its Tenino Pit. The parties proposed reducing the total penalties from $738 to $642, with nine citations settled at their original $50 amounts and the remaining penalty reduced from $288 to $192. Judge Paul Merlin approved the settlement…

February 23, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Baxter R. Neece, formerly employed by H B & B Equipment Co. Inc.

Settlement approved

The Secretary sought civil penalties against Baxter R. Neece, a former maintenance foreman, and proposed reducing the assessed penalties from $2,950 to $500. The Solicitor stated that Neece was unemployed and likely lacked authority to prevent or correct the violations found during preshift…

February 23, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

IMC Fertilizer, Inc.

Discrimination complaint dismissed

Irene Toney alleged that IMC Fertilizer discharged her after she complained to management and MSHA about missing or unsanitary toilet facilities at the Kingsford Mine. Judge Gary Melick found that Toney engaged in protected activity, but concluded that IMC proved the discharge was not motivated by…

February 23, 1993 ·Gary Melick ·FMSHRC
Other
ALJ

Jefferson Materials Company

Settlement approved

MSHA assessed $1,200 in civil penalties against Jefferson Materials Company for violations at its Howitt Plant. The proposed settlement reduced the total to $960, an across-the-board 20 percent reduction, even though the violations were characterized as highly likely to result in a fatality. Judge…

February 23, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

James Kosiba, Employed by Rensselaer Stone Co. Inc.

Settlement approved

MSHA alleged that an electrical circuit supplying the crushing plant's main power control center lacked overload protection. Judge Paul Merlin approved the settlement of the one violation for the originally assessed penalty of $500. The respondent paid the penalty, and the matter was dismissed.

February 23, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Black Mountain Coal Mining, Incorporated

Discrimination settlement approved

Robert C. Teaney alleged that Black Mountain Coal Mining transferred him after he reported an electrical hazard, causing lost compensation. Judge Gary Melick approved a settlement covering two discrimination proceedings. The company agreed to pay Teaney $3,600 in back pay and $400 in interest…

February 23, 1993 ·Gary Melick ·FMSHRC
Settled
COMM

New York National Guard, National Federation of Civilian Technicians, and Association of Civilian Technicians

New York National Guard (FLRA BN-AC-20030): union certification amendment denied

A New York council of civilian technicians voted to leave the Association of Civilian Technicians and affiliate with the newly formed National Federation of Civilian Technicians. The new federation sought to amend the existing union certification. A regional director dismissed the petition because…

February 23, 1993 ·FLRA
Upheld
ALJ

Costain Coal Incorporated

Four civil penalty citations settled for $688

MSHA sought civil penalties for four alleged violations of mandatory safety standards in 30 C.F.R. Part 75 at Costain Coal's Pyro No. 9 Wheatcroft operation. The parties agreed to settle without reducing any of the proposed penalties. Judge Jerold Feldman found the settlement reasonable and in the…

February 22, 1993 ·Jerold Feldman ·FMSHRC
Settled
COMM

MATTER OF FLORIDA RURAL LEGAL SERVICES, INC.

Accreditation disapproved without recognized branch offices

The Board reviewed Florida Rural Legal Services, Inc.'s application to renew or expand accreditation for several representatives. The organization was recognized at its Lakeland office but had six physically separate branch offices that were not individually recognized, and the application did not…

February 22, 1993 ·BIA
Other
COMM

Little Rock Quarry Company, Incorporated

Dismissal order vacated and matter remanded

An ALJ dismissed three civil penalty proceedings after the Secretary failed to show good cause for not complying with a prehearing order. The Secretary then filed a motion for reconsideration, stating that the parties had informally settled the cases before the dismissal order. The Commission…

February 22, 1993 ·FMSHRC
Remanded
ALJ

K Y V Coal Company, Inc.

Settlement approved for ventilation and dust-control violation

MSHA alleged that K Y V Coal was not complying with its ventilation and dust-control plan because water-spray pressure was below the required level. Judge Paul Merlin approved the settlement for the originally assessed penalty of $903. He found the penalty appropriate for the serious violation…

February 19, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Kern Rock Company

Settlement approved for $1,449

Kern Rock faced civil penalties arising from conditions at the Wheeler Ridge Pit & Mill. The Solicitor proposed reducing the penalties from $1,610 to $1,449 because the original assessments did not adequately account for good-faith abatement. Judge Paul Merlin found the settlement appropriate under…

February 19, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Montana Resources

Late filing accepted and settlement approved

The judge accepted the Solicitor's unopposed late filing of the penalty petition. The underlying matter involved a broken electrical conduit on the side of a conveyor belt that exposed employees to possible electrical shock. Judge Paul Merlin approved the settlement for the originally assessed…

February 19, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Basin Asphalt Company

Citation modified and penalty reduced in settlement

Basin Asphalt and the Secretary proposed settling a civil penalty proceeding for a citation issued at the Moses Lake Pit & Plant. The settlement reduced the penalty from $362 to $181 and removed the significant-and-substantial designation from Citation No. 3644310. Judge Paul Merlin approved the…

February 19, 1993 ·Paul Merlin ·FMSHRC
Modified
ALJ

Basin Asphalt Company

Citation modified and penalty reduced in settlement

Basin Asphalt and the Secretary proposed settling a civil penalty proceeding for a citation issued at the Moses Lake Pit & Plant. The settlement reduced the penalty from $362 to $181 and removed the significant-and-substantial designation from Citation No. 3644317. The parties also advised that…

February 19, 1993 ·Paul Merlin ·FMSHRC
Modified
COMM

U.S. Department of Agriculture, Federal Crop Insurance Corporation, Washington Regional Office and NFFE Local 858

Federal Crop Insurance Corporation (FLRA WA-CU-20449): seven positions stay in bargaining unit

The Federal Crop Insurance Corporation sought to exclude employees in seven kinds of positions from an existing bargaining unit as management officials. A regional director found that their work involved applying agency policy and making recommendations, with final decisions resting with higher…

February 19, 1993 ·FLRA
Upheld
ALJ

Harlan-KYVA Coal Inc.

Five penalty cases settled for $5,682

Harlan-KYVA Coal faced five civil penalty proceedings with proposed penalties totaling $9,370. The parties proposed reducing the penalties to $5,682 based on the operator's financial condition. Judge Paul Merlin relied on accounting reports showing a deficit in stockholder equity and a net…

February 19, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Consolidation Coal Company

Coal-dust order affirmed and $1,200 penalty assessed

MSHA alleged that dangerous coal-dust accumulations at Consolidation Coal's Robena Preparation Plant violated 30 C.F.R. § 77.202. Judge Jerold Feldman found extensive accumulations on conveyor-belt motors, electrical panels, beams, and around rollers, and rejected the operator's claim that a recent…

February 18, 1993 ·Jerold Feldman ·FMSHRC
Citations affirmed
ALJ

Concrete Materials

Settlement rejected and additional information ordered

The Solicitor asked to reduce a proposed civil penalty from $690 to $50 for a citation involving a fence around an electrical substation. The citation stated that the substation had exposed energized high-voltage components and that contact might result in a fatality. Judge Paul Merlin denied the…

February 18, 1993 ·Paul Merlin ·FMSHRC
Procedural
COMM

Wiregrass Metal Trades Council and U.S. Department of the Army, U.S. Army Aviation Center and Fort Rucker

Fort Rucker (FLRA 0-AR-2346): outside applicant selection award upheld

Fort Rucker selected an outside applicant for a mechanic position after changing the position's grade and while a hiring freeze was in effect. The union grieved the selection on behalf of two internal applicants. An arbitrator denied the grievance, finding no proven violation of the agreement or…

February 18, 1993 ·FLRA
Upheld
COMM

AFGE Local 1988 and U.S. Department of Veterans Affairs, Brooklyn Medical Center

Brooklyn VA Medical Center (FLRA 0-AR-2325): employee reprimand award upheld

A VA sewing machine operator received a reprimand after a dispute with a canteen supervisor at the St. Albans facility. An arbitrator found just cause, relying on the employee's acknowledgment that she refused the supervisor's request to identify her own supervisor. The union challenged the…

February 18, 1993 ·FLRA
Upheld
COMM

U.S. Department of the Treasury, United States Customs Service and National Treasury Employees Union

Customs Service (FLRA 0-AR-2322): lost inspection overtime award upheld

The Customs Service changed how officers boarded vessels carrying cargo to multiple United States ports under its CAPE program. An arbitrator found that the change violated a law requiring Customs officer involvement in vessel entry and reduced inspectors' overtime. He awarded backpay for the…

February 18, 1993 ·FLRA
Upheld
ALJ

Maple Meadow Mining Company

Continuance denied

Maple Meadow asked to continue a March 17, 1993, hearing because its counsel had another hearing scheduled and the firm's trial calendar was full. Judge George A. Koutras found that the case had already been delayed, that the requested further delay was not cost effective, and that other attorneys…

February 17, 1993 ·George A. Koutras ·FMSHRC
Procedural
ALJ

North Star Contractors, Inc.

Discrimination complaint dismissed

Donald Porter alleged that North Star Contractors discriminated against him after he left an underground mine when he saw a hole in a break near his headings. Judge Avram Weisberger found no evidence that the foreman fired Porter or took any adverse action against him, and no evidence that Porter…

February 16, 1993 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Andalex Resources, Inc.

Discrimination complaint dismissed

Denver Collins alleged that Andalex Resources discharged him for keeping notes about unsafe acts and making safety complaints. Judge Gary Melick found that Collins engaged in protected activity by reporting safety and health problems and maintaining a personal log, but found that the officials who…

February 16, 1993 ·Gary Melick ·FMSHRC
Procedural
ALJ

W. Kramer Associates

OSHA-poster citation vacated, other items settled

W. Kramer Associates is a heating, ventilation, and air conditioning contractor. OSHA inspected its worksite at the Northeastern Pennsylvania Veterans Home construction project in Scranton, Pennsylvania, and issued a serious citation and a second citation with two other-than-serious items, with…

February 16, 1993 ·Michael H. Schoenfeld ·OSHRC
Mixed result
ALJ

Baker Masonry, Inc.

Stairway and balcony guardrail citations vacated for unproven employee exposure

Baker Masonry, Inc. was a masonry subcontractor at the construction of the Radisson Hotel in Savannah, Georgia. A fatal fall in the hotel's atrium triggered an OSHA investigation, and the compliance officer expanded the inspection to the subcontractors. OSHA cited Baker for a serious violation, for…

February 16, 1993 ·James D. Burroughs ·OSHRC
Citations vacated
ALJ

National Cleaning Contractors, Inc.

Window-washing scaffold fall-protection citation affirmed, $1,875 penalty

National Cleaning Contractors, Inc. is a window cleaning company. During an August 1991 inspection at the BP Building in Cleveland, Ohio, prompted by an imminent-danger complaint, OSHA compliance officers watched a three-person crew washing windows from a two-point suspension scaffold at heights up…

February 16, 1993 ·Edwin G. Salyers ·OSHRC
Citations affirmed
COMM

Gallup Indian Medical Center, Laborers' International Union of North America Local 1376, and NFFE Local 1749

Gallup Indian Medical Center (FLRA 76-RO-00011): election petition dismissed over tainted signatures

A rival union sought an election to represent employees at Gallup Indian Medical Center. An earlier unfair labor practice decision found that medical center management improperly helped the rival union organize on site. The Authority found that all signature cards supporting the election petition…

February 16, 1993 ·FLRA
Upheld
COMM

Social Security Administration and AFGE Council 220

Social Security Administration (FLRA 3-CA-00816): bargaining ordered after union rejects agreement

Social Security Administration negotiators reached a memorandum of understanding with AFGE Council 220, but the union's members voted against ratifying it. The agency refused to reopen negotiations and implemented the memorandum anyway. The Authority found that the agency knew union approval was…

February 16, 1993 ·FLRA
Modified
ALJ

Virginia Crews Coal Company

Continuance denied

Virginia Crews Coal asked to continue a March 16, 1993, hearing because its counsel was also scheduled to appear in another hearing that day. Judge George A. Koutras found that the case had already been delayed, further delay was not cost effective, and other attorneys in the firm's West Virginia…

February 12, 1993 ·George A. Koutras ·FMSHRC
Procedural
ALJ

Nally & Hamilton Enterprises, Incorporated

Backpay and reinstatement ordered

This remedial order followed an earlier finding that Nally & Hamilton discriminated against Clayton Nantz. Judge George A. Koutras calculated backpay through December 31, 1992, deducted interim earnings, two weeks for delayed job searching, and unemployment compensation, and awarded $17,385.36 in…

February 12, 1993 ·George A. Koutras ·FMSHRC
Citations affirmed
COMM

U.S. Department of Agriculture, U.S. Forest Service, Frenchburg Job Corps and NFFE Local 466

Frenchburg Job Corps (FLRA 4-CA-10146): union activity rating complaint returned for findings

A Forest Service purchasing agent at Frenchburg Job Corps received a lower performance rating after taking extensive official time for union duties. The complaint alleged that her supervisor connected her use of official time to her work performance and that the agency discriminated against her for…

February 12, 1993 ·FLRA
Remanded
COMM

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

Federal Aviation Administration (FLRA 0-AR-2313): requested move costs remain employee's responsibility

An FAA employee asked to move from Florence, South Carolina, to a Jacksonville air traffic facility after graduating from the agency's training academy. He signed a request saying he would pay the moving costs, then grieved the agency's refusal to reimburse them. An arbitrator found the move…

February 12, 1993 ·FLRA
Upheld
COMM

Naval Submarine Base New London and tenant activities, and NAGE Local R1-100

Naval Submarine Base New London (FLRA 1-UC-10002): five bargaining units may consolidate

NAGE sought to combine five bargaining units covering civilian employees at Naval Submarine Base New London and four tenant activities. The Navy argued that their missions, command structures, and jobs were too different for one unit. A regional director found that the employees shared support…

February 11, 1993 ·FLRA
Upheld
ALJ

Island Creek Coal Company

Contest dismissed after penalty paid

Island Creek told the Commission that it had decided to pay the $50 proposed penalty under an earlier default order and drop its contest of the citation. The Secretary agreed that dismissal was appropriate. Judge Avram Weisberger dismissed the case based on the parties' statements.

February 10, 1993 ·Avram Weisberger ·FMSHRC
Procedural
COMM

AFGE Local 3407 and U.S. Department of Defense, Defense Mapping Agency

Defense Mapping Agency (FLRA 0-AR-2339): cartographer promotion grievance award upheld

A cartographer at the Defense Mapping Agency grieved her exclusion from a list of highly qualified applicants for promotion. The agency gave limited credit to two outstanding performance appraisals because they covered work outside production positions. An arbitrator found that the agency's reading…

February 10, 1993 ·FLRA
Upheld
COMM

John Nataloni v. Director, Office of Workers' Compensation Programs

Nataloni v. Director, OWCP (BRB 90-0595): Denial of claim modification upheld

John Nataloni sought to reopen a denied black lung claim under the modification rule. He argued that the judge had failed to discuss older medical evidence favoring him. The Board held that newly submitted evidence did not establish the missing elements of pneumoconiosis and total disability, so it…

February 9, 1993 ·BRB
Affirmed
ALJ

Consolidation Coal Company

Roof order affirmed and related settlement resolved

MSHA pursued three civil penalty proceedings involving hearing-conservation citations and a hazardous roof condition at Consolidation Coal's Blacksville No. 2 and Osage No. 3 Mines. Judge Jerold Feldman affirmed the citation and imminent-danger withdrawal order for a deteriorated tailgate roof…

February 8, 1993 ·Jerold Feldman ·FMSHRC
Mixed result
ALJ

GFD Construction Company, Incorporated

Seven citations affirmed and $220 in penalties assessed

MSHA cited GFD Construction at its Green's Pit for seven violations involving a rented front-end loader and dredge equipment. Judge David F. Barbour found that the loader lacked a seat belt, its backup alarm and horn were not functional, its parking brakes did not hold, and three dredge drives…

February 8, 1993 ·David F. Barbour ·FMSHRC
Citations affirmed
ALJ

Pardy Construction Corporation

Late notice of contest dismissed, citations affirmed as final

Pardy Construction Corporation is a construction company based in Corona, New York. OSHA issued it a serious citation and an other-than-serious citation on March 11, 1992. The company filed its notice of contest by a letter dated May 13, 1992, long after the deadline. The Secretary moved to dismiss…

February 8, 1993 ·Irving Sommer ·OSHRC
Procedural
ALJ

Marble Works, Inc.

Consolidated penalty contest resolved by settlement, $5,780 total

Marble Works, Inc. operates a manufacturing facility in Mobile, Alabama. OSHA conducted two separate safety and health inspections and issued citations on February 21, 1992 and March 24, 1992, each alleging serious and other-than-serious violations. Marble Works contested only the proposed…

February 8, 1993 ·Nancy J. Spies ·OSHRC
Settled
ALJ

Mustang Plus

Post-hearing settlement approved, combined $2,000 penalty

Mustang Plus is a Dallas, Texas employer. After an OSHA inspection of its workplace, the Secretary issued a serious citation with eight items and a non-serious citation with three items. At the close of a hearing held on November 6, 1992, the parties reached a settlement resolving all issues. Under…

February 8, 1993 ·Stanley M. Schwartz ·OSHRC
Settled
ALJ

Accu-Rite Machine Co.

All four hot-work, fall-protection, and hazard-communication citations affirmed, $6,000 penalty

Accu-Rite Machine Co. operates an industrial machine shop in Blythe, Georgia. On May 26, 1991, over the Memorial Day weekend, its employees were at the Ringier America printing plant in Evans, Georgia, removing and replacing an aftercooler unit. To free bolts, they used an oxygen-acetylene cutting…

February 8, 1993 ·Edwin G. Salyers ·OSHRC
Citations affirmed
ALJ

Consolidation Coal Company

Partial compensation complaint dismissed

The United Mine Workers sought compensation for miners idled by withdrawal orders issued after an explosion at Consolidation Coal's Blacksville No. 1 Mine. The union moved to dismiss its claims under the first two sentences of Mine Act section 111 after the parties settled and paid the claimants…

February 5, 1993 ·David F. Barbour ·FMSHRC
Mixed result
COMM

CF & T Available Concrete Pumping, Inc.

Thin evidence still showed the company could have known its safety program was inadequate

CF & T supplied concrete to a residential job on Portofino Drive in San Carlos, California. On December 1, 1989, OSHA area director Marsha Gruber went to the site and watched pump truck operator Gerald Glennon set up the truck's boom. He put it up about seven feet from overhead power lines…

February 5, 1993 ·OSHRC
Citations affirmed
COMM

Caterpillar, Inc. et al.

Separate recordkeeping violations affirmed, but willful classification vacated

OSHA cited Caterpillar for 170 failures to record occupational injuries and illnesses on its 1986 OSHA 200 log at an Illinois facility. The Commission held that 167 injuries and illnesses were recordable under 29 C.F.R. § 1904.2(a), rejecting Caterpillar's vagueness and compliance defenses. It also…

February 5, 1993 ·OSHRC
Modified
COMM

Federal Service Impasses Panel

Request for a general ruling denied

The Federal Service Impasses Panel asked the Authority to clarify an agency's bargaining duties when a question about union representation arises after the Panel begins handling an impasse. A decertification petition had been filed in a case before the Panel, which then put that case on hold. The…

February 5, 1993 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 48, Bremerton Metal Trades Council and U.S. Department of the Navy, Puget Sound Naval Shipyard

Puget Sound Naval Shipyard (FLRA 0-AR-2370): grievances over supervisory detail pay may proceed

An employee at Puget Sound Naval Shipyard filed two grievances seeking additional pay for temporary supervisory assignments. The Navy argued that both grievances missed the agreement's deadline of 15 working days. An arbitrator found them timely because the alleged failure to pay recurred with each…

February 5, 1993 ·FLRA
Upheld
COMM

AFGE Local 916 and U.S. Department of the Air Force, Oklahoma City Air Force Logistics Command, Tinker Air Force Base

Tinker Air Force Base (FLRA 0-AR-2321): reduction in force reassignment upheld

During a reduction in force, Tinker Air Force Base reassigned an employee to a supply technician job without promotion potential. An arbitrator found the reassignment consistent with the governing regulations and labor agreement. The union argued that the employee should have had a chance to…

February 5, 1993 ·FLRA
Upheld
ALJ

Costain Coal, Inc.

Citations affirmed, S&S finding vacated in part

Costain Coal contested a citation for operating the Baker Mine without an approved methane and dust control plan and faced related civil penalty proceedings. The Judge approved settlements covering most of the other citations, affirmed the plan citation with a $50 penalty, and affirmed a separate…

February 4, 1993 ·Roy J. Maurer ·FMSHRC
Mixed result

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.