Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

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COMM

U.S. Department of the Treasury, United States Mint and American Federation of Government Employees, Mint Council, Local 1023

United States Mint shift assignment (FLRA 0-AR-2210): Arbitration award upheld

A Mint coin press operator with greater seniority than several temporary employees was assigned to the second shift while they were placed on the first. She grieved the assignment under a contract provision that generally used seniority but allowed exceptions for training. An arbitrator found that…

February 14, 1992 ·FLRA
Upheld
COMM

National Association of Government Employees, SEIU, Local R1-34 and U.S. Department of the Navy, Naval Underwater Systems Center, Newport, Rhode Island

Newport Naval Underwater Systems Center (FLRA 0-NG-1962): Full lodging allowance proposal rejected

The union proposed paying the full lodging portion of a temporary duty allowance to employees who chose other accommodations when government quarters were available, unless using those quarters was unequivocally necessary to the mission. The Navy said the proposal conflicted with Defense Department…

February 13, 1992 ·FLRA
Upheld
ALJ

U. S. Steel Mining Company, Inc.

Weekly examination citation affirmed, one citation vacated

U. S. Steel Mining Company operated the Pinnacle Prep Plant and Gary No. 50 Mine. Judge Roy J. Maurer approved a settlement that affirmed Citation No. 3340442 for $112 and vacated Citation No. 3340443. He also affirmed Citation No. 3741045 under 30 C.F.R. § 75.512-2 because electrical equipment had…

February 12, 1992 ·Roy J. Maurer ·FMSHRC
Mixed result
ALJ

Jeddo-Highland Coal Company

Proceeding dismissed after penalty paid

Jeddo-Highland Coal Company paid the proposed $1,100 penalty in full on January 20, 1992. The Secretary of Labor moved to dismiss the civil penalty proceeding after payment. Judge James A. Broderick granted the motion and dismissed the proceeding.

February 12, 1992 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Zeigler Coal Company

Power-connection violation affirmed with $275 penalty

Zeigler Coal Company operated the Murdock Mine, an underground bituminous coal mine. MSHA cited the company after return air was coursed over nonpermissible power connection points outby the last open crosscut, in violation of 30 C.F.R. § 75.507. Judge George A. Koutras found the violation…

February 12, 1992 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Walker Coal Company

Settlement approved at $4,000

Walker Coal Company faced five alleged violations of 30 C.F.R. § 70.209(b) in two civil penalty proceedings. The parties disputed whether the violations resulted from a deliberate act and disagreed about the degree of negligence. Judge James A. Broderick approved their settlement, reducing the…

February 12, 1992 ·James A. Broderick ·FMSHRC
Settled
ALJ

Santa Fe Pacific Gold Corporation

Temporary reinstatement ordered

Robert W. Buelke, an electrician at Santa Fe Pacific Gold's Rabbit Creek Mine, reported electrical safety concerns and was later discharged. The Secretary of Labor determined that his discrimination complaint was not frivolously brought and applied for temporary reinstatement while the…

February 11, 1992 ·August F. Cetti ·FMSHRC
Procedural
COMM

Peters & Garman Construction

Default order vacated and case remanded

Peters & Garman Construction failed to answer the Secretary of Labor's civil penalty petition and an order to show cause, so the chief administrative law judge entered a default order and assessed the proposed $227 penalty. The parties later asked to rescind the default order and approve their…

February 11, 1992 ·FMSHRC
Remanded
COMM

Peters & Garman Construction

Default order vacated and case remanded

Peters & Garman Construction failed to answer the Secretary of Labor's civil penalty petition and the judge's order to show cause. Chief Administrative Law Judge Paul Merlin entered a default order and assessed the Secretary's proposed $40 penalty. The parties later asked to rescind the default…

February 11, 1992 ·FMSHRC
Remanded
ALJ

Navasota Mining Company Incorporated

Citations vacated and penalty docket dismissed

At Navasota Mining Company's Gibbons Creek Mine, MSHA first cited a hazardous side-clearance condition on a haul road after a collision that resulted in fatal injuries to a coal truck operator. MSHA later terminated that citation after corrective action, then attempted to modify it more than 13…

February 11, 1992 ·Michael A. Lasher, Jr. ·FMSHRC
Citations vacated
COMM

Panama Canal Commission, Balboa, Republic of Panama and Maritime/Metal Trades Council

Panama Canal Commission (FLRA 6-CA-80337): Contractual adverse-action appeal right restored

The Panama Canal Commission ended a contract right allowing certain non-veteran excepted service employees to appeal adverse actions through its administrative appeals process. An administrative law judge recommended dismissing the unions' unfair labor practice complaint, but the Authority found…

February 11, 1992 ·FLRA
Mixed result
COMM

Florida Air and Army National Guard, Association of Civilian Technicians chapters, and National Association of Government Employees locals

Florida National Guard representation petitions (FLRA 4-RO-10004 and 4-RO-10005): Timeliness ruling stands

Two Association of Civilian Technicians chapters petitioned to represent Florida Air and Army National Guard employees already represented by National Association of Government Employees locals. The existing agreement said it would last three years from agency head approval, but its papers showed…

February 11, 1992 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933

Allen Park VA Medical Center (FLRA 0-AR-2225): Arbitration exceptions dismissed as late

AFGE Local 933 filed exceptions to an arbitrator's award in a dispute with the Allen Park VA Medical Center. The Authority calculated January 8, 1992, as the filing deadline based on the award's presumed mailing date. The union mailed its exceptions to the Chicago Regional Office on January 9; the…

February 11, 1992 ·FLRA
Procedural
ALJ

Highlands County Board of Commissioners

Two citations affirmed with $35 total penalty

Highlands County Board of Commissioners operated the Charlotte County Shell Pit Mine, where MSHA cited an unguarded pump belt drive and a front-end loader parking brake that would not hold the machine on a grade. Judge George A. Koutras affirmed both citations, finding that the pump belt drive was…

February 10, 1992 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Consolidation Coal Company

Discrimination complaint withdrawn and dismissed

Larry E. Swift asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case.

February 10, 1992 ·Gary Melick ·FMSHRC
Procedural
COMM

Trinity Industries Inc.

Machine and electrical case settled for $800

OSHA inspected two Trinity Industries railcar fabrication plants in Dallas and cited numerous machine guarding, crane, electrical, tool, fire extinguisher, sling, and hazard communication conditions. An OSHRC judge affirmed several serious and other-than-serious items and vacated others. During…

February 10, 1992 ·OSHRC
Settled
COMM

American Federation of Government Employees, Local 1916 and U.S. Department of the Interior, Bureau of Mines, Pittsburgh Research Center

Pittsburgh Bureau of Mines pay proposal (FLRA 0-NG-1973): Six percent raise found nonnegotiable

AFGE Local 1916 proposed a six percent raise across a five-step pay scale for employees at the Bureau of Mines' Pittsburgh Research Center. The parties had negotiated over pay before 1972, which allowed continued bargaining over pay and pay practices under a special rule, but proposals still had to…

February 10, 1992 ·FLRA
Upheld
COMM

National Treasury Employees Union and U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C.

Treasury union bargaining proposals (FLRA 0-NG-1820): Four negotiable, two dismissed

The National Treasury Employees Union asked the Authority to decide whether the Bureau of Alcohol, Tobacco and Firearms had to bargain over six proposals for a new agreement. The Authority found negotiable proposals addressing notice of union representation during certain interviews, minimum office…

February 10, 1992 ·FLRA
Mixed result
COMM

American Cyanamid Company

Label ruling narrowed but safety-data-sheet item affirmed

American Cyanamid manufactured resins and molding compounds for shipment to plastics-industry customers. OSHA alleged that several container labels lacked appropriate target-organ warnings and that material safety data sheets omitted short-term exposure limits. The Commission rejected OSHA's…

February 7, 1992 ·OSHRC
Mixed result
COMM

U.S. Department of the Air Force, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23

Scott Air Force Base awards grievance (FLRA 0-AR-2150): Arbitrator must clarify funding rule

The National Association of Government Employees challenged how Scott Air Force Base distributed cash performance awards. An arbitrator denied the grievance after concluding that law prevented the agency from pooling awards budgets across organizational units, but he did not identify the law or…

February 7, 1992 ·FLRA
Remanded
COMM

Tire Reclamation Services, Inc.

Parties allowed to revisit settlement after fire

Tire Reclamation Services agreed to settle OSHA citations for a total penalty of $450. After an OSHRC judge approved the agreement, the company's vice president reported that a fire had closed the business and left it without funds to pay. The Commission held that this changed circumstance did not…

February 6, 1992 ·OSHRC
Remanded
COMM

Department of the Army, Headquarters, XVIII Airborne Corps and Fort Bragg, North Carolina and American Federation of Government Employees, Local 1770

Fort Bragg warehouse promotion (FLRA 4-CA-00688): Retroactive promotion ordered

A Fort Bragg warehouse employee applied for a higher graded position after filing grievances and engaging in union activity. His supervisor made statements linking the employee's union activity to whether he would get the job, then selected another applicant. An administrative law judge found an…

February 6, 1992 ·FLRA
Modified
COMM

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

HUD employee assistance proposals (FLRA 0-NG-1872): Drug use rules limit bargaining

The union proposed four provisions for HUD's employee assistance program addressing treatment, discipline, relapse, and disability retirement. Each proposal would protect some employees from discipline or removal after illegal drug use based on entering treatment or having a relapse. The Authority…

February 6, 1992 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Air Force Logistics Command, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916

Tinker Air Force Base attendance grievance (FLRA O-AR-2005): Proof standard needs review

Tinker Air Force Base charged an employee with two hours of absence without leave and then suspended her for ten days after she reported late to work. An arbitrator denied her grievance, but said the agency had not proven its charges by a preponderance of the evidence. The Authority rejected…

February 5, 1992 ·FLRA
Remanded
COMM

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

Houston Customs information request (FLRA 6-CA-01195): Timely response required

The National Treasury Employees Union requested information from the Customs Service's Southwest Region. An administrative law judge found two unfair labor practices: the agency refused to provide information the union was entitled to receive and failed to respond to the request on time. The…

February 5, 1992 ·FLRA
Modified
COMM

Department of the Treasury, Internal Revenue Service, Washington, D.C. and Internal Revenue Service, Detroit District, Michigan and National Treasury Employees Union

IRS Detroit information request (FLRA 5-CA-10141): Refusal found unlawful

The National Treasury Employees Union requested information it needed to prepare a grievance for arbitration. An administrative law judge found that the IRS violated the labor statute by refusing to provide the information. The IRS argued on review that the complaint should have been dismissed as…

February 5, 1992 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Public Health Service and Centers for Disease Control, National Institute for Occupational Safety and Health, Appalachian Laboratory for Occupational Safety and Health and American Federation of Government Employees, Local 3430

NIOSH smoking areas (FLRA 3-CA-00190): Further reconsideration denied

The Authority had found that the Public Health Service violated the labor statute by disapproving a negotiated provision on designated smoking areas and directing that those areas close at a NIOSH facility. After one reconsideration request had been denied, the agencies sought reconsideration…

February 5, 1992 ·FLRA
Procedural
COMM

U.S. Department of the Army, U.S. Army Missile Command, Redstone Arsenal, Alabama and American Federation of Government Employees, Local 1858

Redstone Arsenal arbitration exceptions (FLRA 0-AR-2205): Late filing stands

A grievant sought reconsideration after the Authority dismissed exceptions to an arbitration award as late. The exceptions were sent by Federal Express and received on December 9, 1991, five days after the filing deadline. The Authority held that the date received controlled because the package had…

February 5, 1992 ·FLRA
Procedural
COMM

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

Savannah Customs promotion rating (FLRA 0-AR-2171): Priority consideration upheld

A Customs Service inspector challenged how an evaluation board scored his application for a senior inspector promotion. An arbitrator found that the board had applied one factor in the parties' crediting plan incorrectly, raising the employee's score and moving him into a tie above his former…

February 5, 1992 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Settlement approved and contest dismissed

Consolidation Coal Company agreed to pay the proposed $379 penalty for an alleged violation of 30 C.F.R. § 75.400 at the Robinson Run No. 95 Mine. Judge George A. Koutras approved the settlement after noting that the condition was rapidly abated and that the violation involved moderate negligence…

February 4, 1992 ·George A. Koutras ·FMSHRC
Settled
ALJ

Consolidation Coal Company

Settlement approved and related contests dismissed

Consolidation Coal Company faced five alleged violations at the Robinson Run No. 95 Mine. Judge George A. Koutras approved settlements for two citations, reducing the proposed penalty from $310 each to $186 each after the citations were modified from significant and substantial to non-significant…

February 4, 1992 ·George A. Koutras ·FMSHRC
Settled
COMM

Matter of Bart

Georgia bad-check conviction involved moral turpitude

The Board reviewed the Service's appeal from an immigration judge's decision finding that a Ghanaian respondent was not deportable based on two crimes involving moral turpitude. The respondent had convictions for issuing a bad check under Georgia law and for federal mail fraud. The Board held that…

February 3, 1992 ·BIA
Vacated
COMM

Essroc Corporation

Premature review petition dismissed without prejudice

Essroc Corporation sought Commission review of an ALJ decision involving Clifford Meek's Mine Act discrimination claim. The ALJ had found a violation of section 105(c) but had not set specific monetary relief and had ordered the parties to confer about damages. Because the December 24, 1991…

January 31, 1992 ·FMSHRC
Procedural
ALJ

Essroc Corporation

Discrimination proceeding kept open for monetary relief

Clifford Meek brought a Mine Act discrimination proceeding against Essroc Corporation. An earlier decision found that Essroc discriminated against him by refusing to employ him because of his protected activities, but left monetary relief for a later decision. Judge William Fauver formally denied…

January 31, 1992 ·William Fauver ·FMSHRC
Procedural
ALJ

Thomas Cates, Employed by Green River Coal Company, Incorporated

Consolidated penalty cases dismissed

The Secretary of Labor brought civil penalty proceedings against Thomas Cates and Stephen Whitledge, agents of Green River Coal Company, under section 110(c) of the Mine Act. The cases alleged that they knowingly authorized, ordered, or carried out a mine operator's electrical-safety violation…

January 31, 1992 ·Gary Melick ·FMSHRC
Citations vacated
COMM

U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals, Region II, New York and American Federation of Government Employees, Local 1760

SSA New York bargaining petition (FLRA 0-NG-2007): Filing was one day late

The Social Security Administration disapproved a provision in a memorandum of understanding and mailed its disapproval to the union on November 25, 1991. The union's negotiability petition was due by December 16, but it was postmarked December 17. The union pointed to when it received the…

January 31, 1992 ·FLRA
Procedural
COMM

National Association of Government Employees, Local R14-89 and U.S. Department of the Army, Army Air Defense Artillery Center and Fort Bliss

Fort Bliss negotiability petition (FLRA 0-NG-1936): Reconsideration denied after filing deficiency

The National Association of Government Employees sought review of a negotiability dispute with the Army's Fort Bliss installation. The Authority dismissed the union's petition after it failed to correct a filing deficiency, then the union asked for reconsideration, saying it had not received either…

January 31, 1992 ·FLRA
Procedural
COMM

National Treasury Employees Union and U.S. Nuclear Regulatory Commission, Washington, D.C.

Nuclear Regulatory Commission bargaining proposals (FLRA 0-NG-1862): Four proposals negotiable

The National Treasury Employees Union sought bargaining over four Nuclear Regulatory Commission proposals involving hiring procedures and the agency's drug testing program. The Authority found negotiable a requirement to consider agency employees first for unit vacancies and a procedure for…

January 31, 1992 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Local 1655 and U.S. Department of Defense, Illinois National Guard

Illinois National Guard civilian technicians (FLRA 0-NG-1795): Uniform allowance proposal negotiable

The National Federation of Federal Employees proposed that Illinois National Guard civilian technicians required to wear uniforms receive the prescribed uniform or a $400 annual allowance. The Guard argued that military uniforms were outside civilian employment bargaining and that some officers…

January 31, 1992 ·FLRA
Set aside
COMM

National Association of Government Employees, Local R1-144 and U.S. Department of the Navy, Naval Underwater Systems Center, Newport, Rhode Island

Newport Navy cafeteria proposals (FLRA 0-NG-1731): Most topics negotiable

The Navy and a union disputed whether the agency had to bargain over 17 proposals for a new cafeteria at the Naval Underwater Systems Center. The Authority found 12 negotiable, including proposals on seating, hours, food service, equipment, and location, because they concerned employee working…

January 31, 1992 ·FLRA
Mixed result
COMM

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

FAA air traffic controller grievance (FLRA 0-AR-2153): Award exceptions dismissed for lack of jurisdiction

An FAA air traffic controller accepted a lower grade after the agency told him he would be removed under a mandatory separation law. The union grieved the change, and an arbitrator first ordered reinstatement with backpay, then vacated that award and dismissed the grievance in a supplemental award…

January 31, 1992 ·FLRA
Procedural
COMM

U.S. Department of the Air Force, Carswell Air Force Base and American Federation of Government Employees, Local 1364

Carswell Air Force Base performance awards (FLRA 0-AR-2143): EEO grievance remains outside arbitration

Three Carswell Air Force Base employees alleged that race discrimination affected their performance awards. Their union filed a grievance, but an arbitrator found that the parties' agreement excluded EEO complaints from its grievance and arbitration procedure. The union challenged that ruling…

January 31, 1992 ·FLRA
Upheld
ALJ

Shamrock Coal Company

Discrimination proceeding settled and dismissed

Elmer Richard Couch brought a Mine Act discrimination proceeding against Shamrock Coal Company. The parties filed a joint motion asking the judge to approve their settlement and dismiss the action with prejudice. Judge Roy J. Maurer approved the settlement, allowed Couch to withdraw his complaint…

January 30, 1992 ·Roy J. Maurer ·FMSHRC
Settled
COMM

Department of Health and Human Services regional offices and Social Security Administration, with NTEU and AFGE

HHS regional office unit clarification (FLRA 32-CU-00005): Transferred SSA staff join NTEU unit

After an HHS reorganization, about 328 Social Security Administration administrative and support employees moved organizationally from program service centers to regional offices. NTEU sought to add them to its regional office unit; AFGE sought to keep them in its program service center unit. A…

January 30, 1992 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 2369

SSA claims representative performance rating (FLRA 0-AR-2149): Higher ratings upheld for two tasks

A Social Security Administration claims representative challenged Level 4 ratings on three performance tasks. An arbitrator found that the agency had rated two tasks arbitrarily and ordered Level 5 ratings for those tasks, while leaving the third unchanged. The agency argued that the arbitrator had…

January 30, 1992 ·FLRA
Upheld
COMM

Federal Aviation Administration, Aviation Standards National Field Office and National Federation of Federal Employees, Local 2097

FAA technical evaluation team names (FLRA 76-CA-90223): Information withholding violated labor law

The FAA refused to give NFFE Local 2097 the names of employees on a technical evaluation team for a contracting study. The union sought the names to investigate possible effects on employee workloads and appraisals and to decide whether to bargain or file grievances or labor charges. The Authority…

January 29, 1992 ·FLRA
Mixed result
COMM

Bureau of Engraving and Printing and its steel and die craft unions

Bureau of Engraving and Printing craft wages (FLRA 0-NG-1927): Four pay process proposals negotiable

Four unions representing steel and die craft workers at the Bureau of Engraving and Printing proposed ways to set wage rates, including comparisons with private printing work, joint fact finding, wage surveys, and bargaining over the pay process. The Bureau argued that federal law already governed…

January 29, 1992 ·FLRA
Set aside
ALJ

Gray Stone Mining, Inc.

Contest dismissed after penalty payment

Gray Stone Mining contested a citation issued at the Pokey No. 1 Mine. The Secretary moved to dismiss after the company voluntarily paid the proposed penalty instead of contesting it. Judge James A. Broderick granted the motion and dismissed the contest. The citation and penalty became a final…

January 28, 1992 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Anderson Equipment Company

Training citation affirmed without S&S finding

Anderson Equipment Company was cited after employee Timothy Drake worked at a mine site without comprehensive training under an MSHA-approved plan. Judge Roy J. Maurer found that Drake was a maintenance worker who worked frequently and for extended periods around mine hazards, so 30 C.F.R. §…

January 28, 1992 ·Roy J. Maurer ·FMSHRC
Modified
ALJ

Blue Diamond Coal Company

Settlement approved and contests dismissed

Blue Diamond Coal Company contested eight citations at the Middle Taggart and Scotia Mines. The Secretary and the operator agreed to reduce the total proposed penalties from $10,800 to $8,740, and the operator agreed to withdraw its contests. The operator was in Chapter 11 bankruptcy, so the…

January 28, 1992 ·James A. Broderick ·FMSHRC
Settled
ALJ

Shamrock Coal Company, Inc.

Discrimination relief ordered

Shamrock Coal was previously found to have discharged Lonnie Ross and Charles Gilbert because they made safety complaints. Judge William Fauver set the monetary relief for both miners, including back pay, interest, medical costs, retirement-account tax penalties, tax withholdings, litigation costs…

January 28, 1992 ·William Fauver ·FMSHRC
Other
COMM

814th Combat Support Group, Beale Air Force Base and American Federation of Government Employees, Local 2025

Beale Air Force Base smoking areas (FLRA 9-CA-00114, 9-CA-00213): Union bargaining rights upheld

Beale Air Force Base closed an established indoor smoking room and designated outdoor smoking areas without first bargaining with AFGE Local 2025. An administrative law judge found bargaining violations but concluded that the union had waived bargaining over the decision to close the indoor room…

January 28, 1992 ·FLRA
Modified
COMM

International Brotherhood of Electrical Workers, Local 1245 and U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Regional Office

Bureau of Reclamation work assignments and pay (FLRA 0-NG-1901): One proposal negotiable, one rejected

IBEW Local 1245 proposed a half-hour limit on related work outside an employee's classification and a 7.75 percent pay increase to address a claimed total compensation gap. The Authority found the work assignment proposal negotiable because these prevailing rate employees had bargained over limits…

January 28, 1992 ·FLRA
Mixed result
COMM

National Federation of Federal Employees, Local 15 and U.S. Department of the Army, Rock Island Arsenal

Rock Island Arsenal intern program (FLRA 0-NG-1877): Unit status proposals nonnegotiable

The Army Materiel Command changed an intern program in a way that removed 14 third-year interns from NFFE Local 15's Rock Island Arsenal bargaining unit. The union proposed exempting existing interns, canceling their new mobility agreements, and returning former unit members retroactively to the…

January 28, 1992 ·FLRA
Upheld
COMM

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

Border Patrol body armor proposal (FLRA 0-NG-1603): Negotiability appeal dismissed as moot

The National Border Patrol Council appealed the negotiability of proposals concerning Border Patrol agents, including a proposal to leave body armor use to each agent's discretion. The union had elected to pursue the same issues in an unfair labor practice case, and the Authority had already ruled…

January 28, 1992 ·FLRA
Procedural
COMM

United Rock Products Corp.

Default order vacated and remanded

United Rock Products failed to answer a civil penalty petition and a judge's show-cause order, so the judge entered a default order assessing the proposed $3,670 penalty. The company's safety director sent its answer to the wrong office before the default order, then asked that the default be…

January 27, 1992 ·FMSHRC
Remanded
COMM

Turner v. New World Mining, Inc.

Late review request allowed to proceed

Wayne Turner challenged an administrative law judge's decision that New World Mining had not discriminated against him under the Mine Act. His lawyer's filing arrived after the 30-day deadline and was treated as a brief instead of a petition for discretionary review. The Commission found that…

January 27, 1992 ·FMSHRC
Procedural
COMM

Smith v. Kem Coal Company

Discrimination decision vacated and remanded

Charles Smith said Kem Coal discharged him after he complained about coal falling onto his bulldozer and threatened to report safety concerns to MSHA. The administrative law judge found discrimination and awarded back pay, damages, and attorney fees. The Commission found unresolved conflicts in the…

January 27, 1992 ·FMSHRC
Remanded
ALJ

Zeigler Coal Company

One citation settled and one affirmed

Zeigler Coal Company faced two ventilation-related citations at its No. 11 Mine. The company agreed to pay the full $20 penalty for a battery-charging-station citation under 30 C.F.R. § 75.1105, and that settlement was approved. Judge George A. Koutras found that the company also violated 30 C.F.R…

January 24, 1992 ·George A. Koutras ·FMSHRC
Mixed result
COMM

U.S. Air Force, Loring Air Force Base and American Federation of Government Employees, Local 2943

Loring Air Force Base asbestos pay settlement (FLRA 1-CA-90364, 1-CO-90030): Entire distribution must be recalculated

Loring Air Force Base and AFGE Local 2943 settled a grievance over environmental differential pay for employees exposed to asbestos. They agreed on $125,000 and let the union decide each claimant's share. The Authority upheld findings that the union favored its officers and that the base violated…

January 24, 1992 ·FLRA
Modified

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.