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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American Federation of Government Employees, Local 3172 and U.S. Department of Health and Human Services, Social Security Administration, San Jose District, California
San Jose Social Security office (FLRA 0-NG-2045): Reassignment return option negotiable
The Social Security Administration permanently reassigned a claims development clerk from its Sunnyvale branch to the San Jose district office. A union agreement gave that employee the first chance to accept a future clerk vacancy in Sunnyvale, but the agency head disapproved the provision. The…
U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah and American Federation of Government Employees, Local 1592
Hill Air Force Base (FLRA 0-AR-2274): Overall rating increase removed from award
A Hill Air Force Base employee grieved her performance appraisal. An arbitrator ordered higher ratings on three elements and an overall rating of excellent. The Air Force challenged only the overall rating, saying its regulation required exceeding standards on more than half of eight critical…
Grefco Incorporated
Settlement approved with $31,500 in penalties
Grefco Incorporated reached a settlement with the Secretary of Labor covering one citation and two withdrawal orders issued under Section 104(d)(1) of the Mine Act. Judge Michael A. Lasher, Jr. approved the settlement. Citation No. 3448924 was vacated, Withdrawal Order No. 3446523 was modified into…
Department of Justice, United States Immigration and Naturalization Service, United States Border Patrol, Dallas, Texas and American Federation of Government Employees, National Border Patrol Council
Border Patrol information request (FLRA 6-CA-90117): Disclosure dispute returned to judge
The National Border Patrol Council requested three disciplinary policy memoranda while pursuing grievances about proposed suspensions. Border Patrol refused to provide them, and an administrative law judge initially found them exempt from disclosure. The Authority had reversed that ruling, but a…
U.S. Department of Defense, Defense Mapping Agency Aerospace Center, St. Louis, Missouri and National Federation of Federal Employees, Local 1827
Defense Mapping Agency (FLRA 0-AR-2193): Placement program restored after arbitration
The Defense Mapping Agency had agreed to consider reassignment for employees who lost or were denied security clearances, then stopped following that placement program. An arbitrator found the program unenforceable because it displaced management rights and denied the union's grievance. The…
Puerto Rico Sun Oil Company, Inc.
In re Puerto Rico Sun Oil Company, Inc. (EAB NPDES Appeal No. 92-20): permit review denied
Puerto Rico Sun Oil Company challenged an NPDES permit for its petroleum refinery in Yabucoa, Puerto Rico. It argued that the Puerto Rico Environmental Quality Board's Water Quality Certificate was not final because Sun Oil had requested reconsideration, and it raised additional legal and technical…
CBM Mining, Inc., Roy F. Collier and James H. Booth
Discrimination complaint dismissed
Roy Lee Stroud brought a discrimination complaint under Section 105(c) of the Mine Act against CBM Mining, Inc., Roy F. Collier, and James H. Booth. The complaint concerned an alleged adverse action after Stroud filed a discrimination complaint with MSHA. Judge Roy J. Maurer found that Collier's…
Fort Campbell Dependents Schools, Fort Campbell, Kentucky and Fort Campbell Education Association, OEA/NEA
Fort Campbell schools election (FLRA 4-RO-10015): New vote ordered
Employees at Fort Campbell Dependents Schools voted against union representation, but the Fort Campbell Education Association objected to the school's campaign restrictions. A regional director set aside the election after finding that the school denied union access to bulletin boards, restricted…
U.S. Patent and Trademark Office and National Treasury Employees Union
Patent and Trademark Office (FLRA 3-CA-10667): Lunchroom television ban required bargaining
The Patent and Trademark Office barred employees from watching television in a lunchroom at its new facility without first giving the union notice and a chance to bargain. The agency argued that the ban merely applied an existing policy, but the Authority found that the former facility had no…
National Federation of Federal Employees, Local 2030 and U.S. Department of the Interior, Bureau of Land Management, Idaho Falls District Office
Idaho Falls BLM office (FLRA 0-NG-2079): Late disapproval leaves agreement effective
The Bureau of Land Management's Idaho Falls office and a union signed a local agreement on July 17, 1992. The agency head disapproved parts of it, but the agency could not prove it served that disapproval on the union within the required 30 days. A later fax did not meet the service rule. The…
General Services Administration and American Federation of Government Employees, Council 236
GSA career development program (FLRA 0-AR-2276): Removal award upheld
The General Services Administration removed an employee from its career development program after the employee failed to complete an acceptable case study within the allowed time. An arbitrator found that the employee knew the program's promotion schedule and case study requirement, despite…
National Treasury Employees Union and U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C.
ATF personnel notices (FLRA 0-AR-2243): Disclosure award partly set aside
The Bureau of Alcohol, Tobacco and Firearms stopped sending the union copies of proposed disciplinary, adverse, and performance based actions despite contract provisions requiring them. An arbitrator ordered the agency to resume providing all three categories. The Authority held that blanket…
U.S. Department of the Interior, Bureau of Reclamation, Upper Colorado Region and Great Plains Region and International Brotherhood of Electrical Workers, Locals 2159 and 1759
Bureau of Reclamation foremen (FLRA 0-AR-2177): Arbitration award upheld
Two Bureau of Reclamation regions removed supervisory foremen from long standing mixed bargaining units without using the change procedures in their agreements with the electrical workers' union. An arbitrator found a contract violation and ordered the bureau to restore the foremen's unit status…
American Federation of Government Employees, Local 1867 and U.S. Department of the Air Force, United States Air Force Academy, Colorado Springs, Colorado
Air Force Academy radar detectors (FLRA 0-NG-2050): Use proposal rejected
The Air Force Academy planned to prohibit radar detectors in private vehicles on its property, and a union proposed allowing employees to use them. The Authority limited its review to the Academy's premises after the union agreed to sever language about Colorado roads. It found that radar detectors…
National Treasury Employees Union and U.S. Department of the Treasury, Internal Revenue Service, Laguna Niguel District
Laguna Niguel IRS workstations (FLRA 0-NG-2047): Seating proposal negotiable
The IRS moved two computer assistants' workstations into a computer room to make outside desk space available to new employees. The union proposed letting the assistants return to outside workstations when space became available. The Authority read the proposal as covering only the portion of their…
Eimco Coal Machinery, Inc.
Settlement approved and $140 assessed
Eimco Coal Machinery, Inc. faced a civil penalty proceeding involving Federal No. 2. At a September 22, 1992 hearing, the parties jointly moved for approval of a settlement agreement. Judge William Fauver granted the motion and ordered Eimco to pay the agreed civil penalty of $140 within 30 days.
Leeco, Inc.
Settlement approved and discrimination case dismissed
Ricky Hays brought a discrimination proceeding against Leeco, Inc. The case returned to the ALJ after a federal appellate court remanded it and the Commission directed further proceedings. Hays and Leeco reported that they had reached a full and final confidential settlement, including attorney…
Social Security Administration, Inland Empire Area and American Federation of Government Employees
Social Security gainsharing (FLRA 8-CA-00259): Union time counted for awards
The Social Security Administration's Inland Empire Area distributed a group gainsharing award based on time employees were at work, but gave two union representatives reduced shares because they had spent much of the year on authorized union duties. The Authority found that their official time…
U.S. Department of Agriculture, Federal Grain Inspection Service and American Federation of Government Employees, Local 3157
Grain inspection on call staff (FLRA 0-AR-2266): Full time conversion tied to vacancies
Four seasonal on call grain inspectors sought permanent full time jobs after more than two and a half years of service under employment agreements that contemplated conversion if possible. An arbitrator ordered the Federal Grain Inspection Service to convert them immediately. The Authority found…
Barrick Goldstrike, Inc.
Discrimination case dismissed with prejudice
Linda J. Van Tassel brought a discrimination proceeding against Barrick Goldstrike, Inc. The parties jointly moved to dismiss the case with prejudice. Judge John J. Morris granted the motion and canceled the hearing scheduled for October 27, 1992, in Elko, Nevada.
National Federation of Federal Employees, Forest Service Council and U.S. Department of Agriculture, Forest Service, Region 6, Portland, Oregon
Forest Service surplus staff (FLRA 0-NG-2012): Placement negotiable, cash awards rejected
The Forest Service's Region 6 and a union disputed proposals for employees whose positions were surplus. One proposal favored qualified surplus staff when management chose to fill vacant jobs, while preserving room for job related selection reasons. The Authority found it a negotiable arrangement…
Matter of M/V Saru Meru
Stowaway fines cancelled for insufficient proof
The Board reviewed a carrier's appeal from $3,000 in fines for three alleged failures to detain stowaways under section 273(d) of the Immigration and Nationality Act. The Board held that the duty to detain a stowaway is absolute and that section 273(d) provides no mitigation of its fines, but found…
Matter of Rodriguez-Cortes
Firearm sentence enhancement was not a conviction
The Board reviewed a Mexican respondent's appeal after an Immigration Judge found her deportable for an aggravated felony and a firearm offense based on five attempted-murder convictions and a sentence enhancement because a codefendant was armed. The Board held that California Penal Code section…
National Labor Relations Board and National Labor Relations Board Professional Association
NLRB employee interviews (FLRA 3-CA-10395): One interview violated union notice right
The National Labor Relations Board interviewed employees during an equal employment opportunity investigation. The Authority found those interviews were formal discussions for which the employee union had a right to prior notice and representation. The union was represented for employees named in…
Pyro Mining Company
Settlement approved and penalty reduced to $1,200
Pyro Mining Company, with Costain Coal Incorporated identified as successor-in-interest, faced a civil penalty proceeding for Pyro No. 9 Slope. The parties proposed a settlement that reduced the penalty from $1,500 to $1,200. Judge Gary Melick found the settlement appropriate under the Mine Act…
Aluminum Company of America
Section 103(k) order vacated
Aluminum Company of America contested a section 103(k) order issued after mercury contamination was found at its Point Comfort Operations facility. The ALJ found that the Mine Act requires an accident before a section 103(k) order may issue, and that the Secretary had not proven a qualifying…
U.S. Department of Transportation and Federal Aviation Administration and Professional Airways Systems Specialists, MEBA, AFL-CIO
FAA drug testing (FLRA 3-CA-70647-1-2): Remedy returned for more evidence
The FAA introduced a random drug testing program without finishing bargaining with the union representing affected employees. The Authority had found an unfair labor practice but declined to order restoration of the prior conditions. A federal appeals court required a better explanation for denying…
U.S. Department of Defense, Military Entrance Processing Station, Pittsburgh, Pennsylvania and American Federation of Government Employees, Local 1627
Pittsburgh military processing station (FLRA 0-AR-2327): Reconsideration denied
An employee asked the Authority to reconsider its decision dismissing her exceptions to an arbitration award. The earlier decision found that the record did not show she had participated as a party in the arbitration or that the union had authorized her to file exceptions. She disputed both…
U.S. Department of Veterans Affairs, Medical Center, Kerrville, Texas and American Federation of Government Employees, Local 2281
Kerrville VA smoking shelters (FLRA 0-AR-2191): Reconsideration denied
An arbitrator found that the Kerrville VA medical center lacked enough adequate outdoor smoking shelters under a Federal Service Impasses Panel order incorporated into its union agreement. The award required two additional enclosed, heated, and ventilated shelters and an interim indoor smoking…
American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma
Tinker Air Force Base reassignment (FLRA 0-AR-2272): Lower-grade award set aside
An Air Force employee was reassigned during a reduction in force from a WG-8 equipment operator job to a WG-8 sheet metal job. An arbitrator directed her placement in an aircraft mechanic job and, after a remand for clarification, specified a WG-5 position. The Authority found that a WG-8 sheet…
American Federation of Government Employees, Local 2017 and U.S. Department of the Army, Army Signal Center and Fort Gordon, Georgia
Fort Gordon reduction in force (FLRA 0-AR-2232): Second reconsideration denied
The union challenged how Fort Gordon assessed a civilian employee's rights during a reduction in force, including the weight given to his military service and disabled-veteran status. An arbitrator rejected the grievance, and the Authority denied the union's exceptions and its first reconsideration…
Matter of Serna
Possession of altered immigration document was not moral turpitude
The Board reviewed a Mexican respondent's appeal after an Immigration Judge found him deportable for entering without a valid immigrant visa and denied voluntary departure. The respondent had been convicted under 18 U.S.C. § 1546 of possessing an altered immigration document, but the record did not…
Virginia Crews Coal Company
Three violations modified and affirmed
Virginia Crews Coal Company operated the No. 14 Mine and contested three alleged violations in two penalty proceedings. The ALJ found the violations established, but modified the first two from section 104(d)(1) matters to section 104(a) citations and modified the third to a section 104(a)…
Matter of T-
Sri Lankan Tamil claims lacked a protected-ground nexus
The Board reviewed a Sri Lankan Tamil applicant's appeal from the denial of asylum and withholding of exclusion and deportation. The applicant described forced assistance to the Liberation Tigers of Tamil Eelam and mistreatment by Sri Lankan security forces, the Indian Peacekeeping Force, and…
Oneida Coal Company, Inc.
Motion to dismiss denied in respirable-dust citation contests
Oneida Coal Company contested 34 citations concerning alleged alteration of respirable dust samples at five mines. Oneida separately failed to return the forms contesting the proposed civil penalties, and the Secretary moved to dismiss the citation contests. Judge James A. Broderick found that…
U.S. Department of the Army, Rock Island Arsenal, Illinois and National Association of Government Employees, Local R7-72 and National Federation of Federal Employees
Rock Island Arsenal union affiliation (FLRA CH-AC-20004): Certification change stands
Members of NAGE Local R7-72 voted at a special meeting to affiliate with the National Federation of Federal Employees. A regional director granted a petition to amend the certification for the Rock Island Arsenal general schedule employee unit. NAGE sought review, arguing that turnout was too low…
National Association of Government Employees, Local R12-150 and U.S. Department of Defense, National Guard Bureau, State of California, Office of the Adjutant General
California National Guard bargaining petition (FLRA 0-NG-2088): Late filing dismissed
The union sought review of the California National Guard's allegation that a bargaining proposal was nonnegotiable. Under the Authority's filing rules, the petition had to be filed with its Washington Docket Room within the prescribed period. The union instead mailed its petition to the San…
U.S. Department of the Air Force, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916
Tinker Air Force Base arbitration (FLRA 0-AR-2263): Late reconsideration dismissed
The union asked the Authority to reconsider its September 8, 1992 decision in a Tinker Air Force Base arbitration case. The applicable rules gave the union ten days after service, plus five days for mailing, to file. The resulting deadline was September 23, but the union's request was postmarked…
New York State Council of the Association of Civilian Technicians and U.S. Department of Defense, National Guard Bureau, New York State Department of Military and Naval Affairs
New York National Guard technician selection (FLRA 0-AR-2244): improper promotion must be corrected
The New York National Guard selected an employee for a logistics management position, and another employee challenged the selection. An arbitrator found that the selected employee lacked the required experience but allowed him to remain in the position because he was performing well and the unit…
American Federation of Government Employees, Local 2142 and U.S. Department of the Army, Corpus Christi Army Depot, Corpus Christi, Texas
Corpus Christi Army Depot temporary promotion (FLRA 0-AR-2268): union exceptions denied
An Army Depot employee sought higher pay for time spent performing duties above his grade. The agency offered a retroactive detail and temporary promotion through November 19, 1990, and an arbitrator found that remedy proper under the labor agreement. The union argued that the employee continued…
Hadson Power 14--Buena Vista
In re Hadson Power 14, Buena Vista (EAB PSD Appeal Nos. 92-3, 92-4, and 92-5): permit remanded
Hadson Power 14, Buena Vista proposed a 66.5-megawatt coal-fired electric generating plant in Buena Vista, Virginia. The Southern Environmental Law Center, Clean Air for Rockbridge, and the County of Rockbridge challenged the plant's Prevention of Significant Deterioration permit. The Environmental…
U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Regional Office and Grand Coulee Project Office, and International Brotherhood of Electrical Workers and Columbia Basin Trades Council
Bureau of Reclamation foremen bargaining units (FLRA 3-CA-00633 and 39-CA-00697): recognition restored
The Bureau of Reclamation directed two regional offices to remove supervisory foremen from longstanding bargaining units, end union dues withholding, and stop applying their labor agreements to those employees. The Authority held that the prevailing-rate employees' established bargaining…
National Weather Service Employees Organization (MEBA/NMU) and U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service
National Weather Service pilot briefing proposals (FLRA 0-NG-2039): both outside the duty to bargain
The National Weather Service planned to end pilot weather briefings at field offices where demand was low. The union proposed a 180-day pause to notify users and proposed recurring details so employees could retain their briefing certification. The Authority found that each proposal was intended to…
U.S. Department of Labor and American Federation of Government Employees, National Council of Field Labor Locals
Department of Labor performance rating (FLRA 0-AR-2262): agency exception denied
A Department of Labor employee challenged a low rating on one part of her annual performance appraisal. An arbitrator found that the agency had offered only a perfunctory chance to comment when it set the performance standard and ordered that rating element removed. The agency argued that accepting…
Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482, AFL-CIO
Barstow Marine Corps overtime meeting (FLRA 98-CA-10371): complaint dismissed
A supervisor at the Barstow Marine Corps Logistics Base gathered employees for about 10 minutes to explain an urgent overtime assignment. The union was not given advance notice or an opportunity to attend. An administrative law judge found that the meeting was a formal discussion requiring union…
Flintco, Inc.
Crane-training item withdrawn and case dismissed
Flintco was using a rough-terrain crane at a Tulsa construction site when the crane tipped over and its jib struck a passing vehicle, killing the motorist. OSHA cited Flintco for allegedly operating contrary to the manufacturer's limitations and for inadequate crane-hazard instruction. The judge…
Tri-State Construction, Inc. and National Engineering & Contracting Company
Inspection upheld and bridge-edge item vacated
Tri-State and National worked on a multi-employer interstate-highway rehabilitation project in Cincinnati. The employers challenged OSHA's initial warrantless inspection of an outdoor bridge work area and the later project-wide inspection conducted under a warrant. The Commission held that the…
U.S. Department of Justice, Office of the Inspector General and U.S. Immigration and Naturalization Service, U.S. Border Patrol, El Paso, Texas, and American Federation of Government Employees, National Border Patrol Council
El Paso Border Patrol information request (FLRA 6-CA-00527): unfair-labor-practice complaint dismissed
The Border Patrol union requested investigative files from the Immigration and Naturalization Service after a union representative raised concerns about workplace misconduct investigations. The files were held by other Justice Department offices and concerned unsubstantiated allegations. An…
National Federation of Federal Employees, Local 1482 and U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Center, Louisville Office
Defense Mapping Agency cash awards (FLRA 0-NG-2029): disclosure provision negotiable
The union proposed rules for cash performance awards at a Defense Mapping Agency office. The Authority found that the proposals' award amounts and seniority rules conflicted with a government-wide rule requiring higher-level review and approval of award decisions. It therefore found those portions…
U.S. Department of the Navy, Naval Aviation Depot, Cherry Point, North Carolina and International Association of Machinists and Aerospace Workers, Lodge 2297
Cherry Point overtime grievance (FLRA 0-AR-2280): 170 hours of backpay upheld
A Cherry Point depot employee was detailed to another division and was not offered overtime in his usual division. An arbitrator found that the depot had violated its agreement to assign overtime fairly and equitably, and awarded the employee pay for 170 lost overtime hours. The depot challenged…
U.S. Department of Defense, Office of Dependents Schools and Overseas Education Association
Overseas Dependents Schools teacher conversions (FLRA 0-AR-2257): agency exceptions denied
An arbitrator found that a group of overseas school teachers with temporary appointments met the Defense Department's conditions for conversion to continuing appointments. The arbitrator ordered conversions effective from the start of the 1990-91 school year and ordered reinstatement with back pay…
Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees, Council 214, AFL-CIO
Air Force safety shoe purchase program (FLRA 5-CA-10535, 5-CA-10754): bargaining ordered
The Air Force Logistics Command ended a commercial safety shoe purchase option for civilian employees at Kelly Air Force Base and declined to negotiate the union's proposal for a command-wide program. An administrative law judge found unfair labor practices in both matters. The Authority adopted…
U.S. Department of Agriculture, Forest Service, Chattahoochee-Oconee National Forests, Gainesville, Georgia and National Federation of Federal Employees, Local 1329
Chattahoochee-Oconee promotion dispute (FLRA 4-CA-10602): promotion and backpay ordered
A Forest Service employee and union steward filed grievances about working conditions at the Chattahoochee-Oconee National Forests. His supervisor said that responding to the grievances had taken time he might have spent pursuing the employee's promotion to GS-09. An administrative law judge found…
U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476
HUD arbitration exceptions (FLRA 0-AR-2335): union filing dismissed as late
A union at the Department of Housing and Urban Development challenged an arbitrator's award. The arbitrator mailed the award on July 21, 1992, so the Authority calculated August 24 as the last day to file exceptions, including the five extra days allowed for mail service. The union dated its…
U.S. Department of the Navy, Military Sealift Command, Atlantic, Bayonne, New Jersey and Marine Engineers Beneficial Association, National Maritime Union, Unlicensed Division, District No. 1
USNS Comfort quarters allowance (FLRA 0-AR-2258): payment award returned for clarification
Civilian employees assigned to the hospital ship USNS Comfort grieved their living quarters during its Persian Gulf deployment. An arbitrator found the accommodations inadequate and awarded each affected employee a $13 daily room allowance. The Navy challenged the payment under the Back Pay Act…
District No. 1, Marine Engineers Beneficial Association/National Maritime Union, Licensed Division, Panama Canal Area and Panama Canal Commission
Panama Canal disability reassignment pay (FLRA 0-NG-2032): pay retention proposals negotiable
The Panama Canal Commission planned to end its practice of automatically retaining pay for disabled employees reassigned to lower-paid jobs. The union offered three alternative proposals to preserve or negotiate pay retention. The Commission argued that federal and Panamanian disability…
National Treasury Employees Union and U.S. Department of the Treasury, Office of Chief Counsel, Internal Revenue Service
IRS Chief Counsel assignment and union leave provisions (FLRA 0-NG-1582): approval vacated
A court returned two IRS Chief Counsel contract provisions for a new negotiability ruling. One would bar supervisors from rotating assignments to avoid higher-level pay; the other would require leaves of absence for union officers. The Authority concluded that neither provision qualified as an…
National Treasury Employees Union, Chapter 97 and U.S. Department of the Treasury, Internal Revenue Service, Fresno Service Center
Fresno IRS seasonal work assignments (FLRA 0-AR-2248): release and recall award upheld
The IRS Fresno Service Center assigned real tax return work to newly hired seasonal trainees while experienced seasonal employees were in nonwork status. An arbitrator found that the center violated its agreement's release and recall procedures, and ordered it to identify affected employees and…
General Services Administration and American Federation of Government Employees, Council 236
GSA protective officer staffing (FLRA 0-AR-2242): no remedy added for hiring violation
A union challenged the General Services Administration's failure to meet a statutory hiring target for Federal Protective Officers. An arbitrator found that GSA had violated the hiring provision but declined to order more hiring or reverse officer reassignments. The union sought a remedy from the…
U.S. Department of the Air Force, Air Force Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916
Tinker tool crib overtime (FLRA 0-AR-2209): pay remedy limited to grievant
A Tinker Air Force Base tool crib attendant grieved missed overtime on three weekends when other workers used the crib without a qualified attendant or supervisor present. An arbitrator found a contract violation and ordered overtime pay for three attendants. The Authority rejected the Air Force's…
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.