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

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

Newington VA weekend Guard drills (FLRA 0-NG-1965): Schedule adjustment proposal negotiable

NAGE Local R1-109 proposed that the Newington VA Medical Center adjust schedules so employees could attend weekend National Guard or Reserve drills during off-duty time. The proposal required advance notice and available qualified employees, while allowing exceptions for emergencies. The VA argued…

January 24, 1992 ·FLRA
Set aside
COMM

U.S. Department of Veterans Affairs Medical Center, Waco and American Federation of Government Employees, Local 1822

Waco VA arbitration exceptions (FLRA 0-AR-2208): Filing at regional office was too late

AFGE Local 1822 challenged an arbitration award involving the Waco VA Medical Center. The union mailed its exceptions to the Authority's Dallas regional office, which forwarded them to the Docket Room. The Authority calculated a December 9, 1991 filing deadline from the award's service date, but…

January 24, 1992 ·FLRA
Procedural
ALJ

Brown Brothers Sand Company

Five safety citations affirmed with civil penalties

Brown Brothers Sand Company operated a small sand mine employing nine to ten people. Judge George A. Koutras affirmed five citations involving an unguarded V-belt drive, a shattered loader windshield, two inoperative parking brakes, and excessive dredge noise. He found the windshield and noise…

January 23, 1992 ·George A. Koutras ·FMSHRC
Citations affirmed
COMM

Explosives Technologies International, Inc.

Noise violation affirmed, equipment-defect violation vacated

Explosives Technologies International performed drilling and explosives work at a crushed granite surface mine in Oklahoma. An MSHA inspection found that a drill operator's noise exposure exceeded the permissible limit and that the operator was not using feasible engineering or administrative…

January 23, 1992 ·FMSHRC
Mixed result
ALJ

In re: Contests of Respirable Dust Sample Alteration Citations

Motion to compel denied as untimely

Contestants in a consolidated respirable-dust citation proceeding asked Judge James A. Broderick to compel the Secretary of Labor to answer interrogatories and produce documents. The parties had agreed to a discovery schedule, and later Commission orders extended the deadlines. The motion to compel…

January 23, 1992 ·James A. Broderick ·FMSHRC
Procedural
COMM

Trinity Industries, Inc.

Electrical penalty cut but four serious violations upheld

Trinity Industries manufactured chemical-processing tanks at its Sharonville, Ohio plant. The Commission upheld serious violations for failing to protect an employee walking on top of a tank from a nine-foot fall, leaving a compressed-gas cylinder without a valve cap, and allowing welding arcs to…

January 23, 1992 ·OSHRC
Modified
COMM

U.S. Department of the Army, Lexington-Blue Grass Army Depot and International Association of Machinists and Aerospace Workers, Lodge 859

Lexington-Blue Grass Army Depot hazard pay (FLRA 0-AR-2046): Arbitrator must examine actual work conditions

The machinists' union sought a 4 percent environmental differential for depot employees who regularly entered an area where munitions were stored and handled. An arbitrator denied the grievance, reasoning that entry into the large restricted area did not meet the federal hazard pay category. The…

January 23, 1992 ·FLRA
Remanded
COMM

American Sterilizer Co.

Employees may designate monitoring observers

American Sterilizer monitored employees for noise and lead exposure at its Erie, Pennsylvania plant. It allowed monitored and other affected employees to observe the work and ask questions, but its policy barred union representatives acting in their official capacity from observing despite a…

January 22, 1992 ·OSHRC
Citations affirmed
ALJ

Canyon Country Enterprises, D/B/A Curtis Sand & Gravel, a Corporation

Clyde C. Cole v. Canyon Country Enterprises (FMSHRC WEST 91-191-DM): Discrimination complaint dismissed as untimely and meritless

Clyde C. Cole claimed that Canyon Country Enterprises, doing business as Curtis Sand and Gravel, discriminated against him after he refused to operate a front-end loader that he believed was unsafe. Judge Michael A. Lasher, Jr. dismissed the complaint on two independent grounds. He found that…

January 21, 1992 ·Michael A. Lasher, Jr. ·FMSHRC
Procedural
ALJ

David L. Stritzel

Stay lifted and discrimination case dismissed

David L. Stritzel brought a Mine Act discrimination proceeding against the Secretary of Labor, MSHA, and two individuals. The case had been stayed while the Court of Appeals considered Wagner v. Secretary of Labor. After that court affirmed the Commission's ruling that MSHA and its employees acting…

January 21, 1992 ·William Fauver ·FMSHRC
Procedural
ALJ

Peabody Coal Company

Fire-suppression citation vacated

Peabody Coal Company was cited after the tail valve for a remotely controlled continuous miner's water fire-suppression system became inoperable. The parties agreed that the system was required to operate when the miner made extended cuts under remote control, but the miner had not made an extended…

January 21, 1992 ·Gary Melick ·FMSHRC
Citations vacated
ALJ

Southern Ohio Coal Company

Settlement approved with citations affirmed, modified, and vacated

Southern Ohio Coal Company and the Secretary of Labor presented a package settlement involving five docketed matters at the Martinka No. 1 Mine and several undocketed items. The settlement required testing of switch-gear and dead-block air gaps and an interim gap between one-half and…

January 17, 1992 ·Roy J. Maurer ·FMSHRC
Mixed result
ALJ

Zeigler Coal Company

Settlement approved and penalty reduced to $100

Zeigler Coal Company faced a civil penalty proceeding involving its Murdock Mine. After a hearing on another matter, the Secretary of Labor moved to approve a settlement and dismiss the case, reducing the proposed penalty from $500 to $100. Judge Avram Weisberger found the settlement appropriate…

January 17, 1992 ·Avram Weisberger ·FMSHRC
Settled
ALJ

Zeigler Coal Company

Deadman-pedal citation affirmed, other matters settled or stayed

At Zeigler Coal Company's Spartan Mine, a continuous miner's deadman pedal was stuck in the tram position. Judge Avram Weisberger found that the condition could allow unexpected movement and exposed the operator or an assistant working beside the miner to injury, so he affirmed Citation No. 3847632…

January 17, 1992 ·Avram Weisberger ·FMSHRC
Mixed result
ALJ

In re: Contests of Respirable Dust Sample Alteration Citations

Protective-order motion partly granted and partly denied

This master docket involved contests by coal mine operators of thousands of respirable-dust citations issued by the Secretary of Labor. The contestants sought to depose Assistant Secretary William J. Tattersall and former Coal Mine Safety and Health Administrator Jerry L. Spicer, and requested…

January 17, 1992 ·James A. Broderick ·FMSHRC
Procedural
COMM

U.S. Department of Labor, Employment and Training Administration, San Francisco and Lou Ann Bassan

Labor Department employee's contract rights (FLRA 9-CA-90203): Termination violated labor law

The Labor Department's Employment and Training Administration terminated an employee after she submitted sharp criticism of proposed performance standards to her supervisor. An administrative law judge found that she was asserting a right provided by the agency's collective bargaining agreement and…

January 17, 1992 ·FLRA
Upheld
COMM

All Phase Electric & Maintenance, Inc.

Construction citations settled for $865

All Phase Electric & Maintenance performed electrical work at a building construction site where OSHA cited hazard communication, gasoline-container, electrical guarding, and stair-railing conditions. The company president admitted the hazard communication deficiencies and stated that he had been…

January 17, 1992 ·OSHRC
Settled
COMM

Bay State Refining Company

Lead and copper citations affirmed

Bay State manufactured brass and bronze ingots from scrap metal at its Chicopee, Massachusetts foundry. OSHA found employees overexposed to copper dust and lead and cited deficiencies in engineering controls, respirator selection and fit testing, contaminated-clothing practices, medical…

January 17, 1992 ·OSHRC
Citations affirmed
COMM

U.S. Department of the Navy, Supervisor of Shipbuilding, Conversion and Repair, Portsmouth and International Federation of Professional and Technical Engineers, Local 10

Portsmouth Navy employee contact information (FLRA 3-CA-10624): Refusal to provide union data violated statute

IFPTE Local 10 asked the Navy's Portsmouth shipbuilding office for the names and home addresses of employees in its bargaining unit. The Navy refused. Applying its decisions at the time, the Authority held that this information was necessary for the union's representative duties and that other ways…

January 17, 1992 ·FLRA
Upheld
COMM

National Association of Government Employees and U.S. Department of Veterans Affairs

VA child care bargaining proposal (FLRA 0-NG-1947, 0-NG-1949): Reconsideration and stay denied

The Authority had found negotiable a union proposal for 24-hour child care at VA facilities with fees comparable to nearby Defense Department facilities. The VA sought reconsideration, arguing that federal statutes gave it control over child care operations and that the proposed fee term conflicted…

January 17, 1992 ·FLRA
Procedural
COMM

U.S. Department of Commerce, National Technical Information Service and National Federation of Federal Employees, Local 1627

NTIS appointment grievance (FLRA 0-AR-2180): Late filing ruling stands

NFFE Local 1627 grieved an appointment at the National Technical Information Service. The arbitrator found that the union challenged two temporary appointments, which it knew about, but filed outside the agreement's 15-day deadline. The union argued that it could only grieve the later permanent…

January 17, 1992 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Oklahoma City Air Logistics Center

Tinker Air Force Base promotion grievance (FLRA 0-AR-2174): Permanent promotion award stands

An arbitrator found that Tinker Air Force Base had improperly denied a WG-8 employee promotion to WG-9 despite his consistent performance of WG-9 work. The arbitrator awarded a promotion and the pay difference from June 15, 1985. The Air Force challenged the award under rules limiting lengthy…

January 17, 1992 ·FLRA
Upheld
COMM

International Association of Firefighters, Local 13 and Panama Canal Commission, General Services Bureau

Panama Canal Commission firefighter overtime (FLRA 0-AR-2081): Leave pay portion removed

Firefighters at the Panama Canal Commission grieved the calculation of overtime pay across a period that included the Commission's creation in 1979. An arbitrator awarded additional overtime to certain employees, including pay attributed to annual and sick leave and compensation for work during…

January 17, 1992 ·FLRA
Modified
ALJ

Minutemen Coal Co., Inc.

Dust-filter settlement approved and contest dismissed

Minutemen Coal Co., Inc. contested a citation alleging deliberate tampering with dust-filter media at its No. 4 Mine. The company denied deliberately tampering with or altering the filters, and the parties disputed the degree and existence of negligence. Judge James A. Broderick approved a…

January 15, 1992 ·James A. Broderick ·FMSHRC
Settled
ALJ

Old Ben Coal Company and Zeigler Coal Company

Settlement approved and penalties reduced

Old Ben Coal Company and Zeigler Coal Company faced consolidated civil penalty proceedings involving Old Ben's No. 24, No. 25, and No. 26 Mines and Zeigler's Murdock Mine and No. 11 Mine. Judge Avram Weisberger severed the cases from a larger docket so they could be decided separately, then…

January 15, 1992 ·Avram Weisberger ·FMSHRC
Settled
ALJ

New Mexico Potash Corporation

Discrimination complaint withdrawn and case dismissed

Henry Galvan asked to withdraw his discrimination complaint against New Mexico Potash Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and dismissed the case. The order also cancelled hearings that had been scheduled to begin on January 21, 1992.

January 15, 1992 ·Gary Melick ·FMSHRC
Procedural
COMM

Grefco, Inc.

Settlement approval vacated and remanded

Grefco, Inc. contested a proposed $192 civil penalty in Docket CENT 91-176-M. The Secretary's counsel forwarded the judge a letter withdrawing Grefco's contest in a different docket, CENT 91-190-M, but described it as a withdrawal in this case. Grefco's counsel said that misdirection caused the…

January 15, 1992 ·FMSHRC
Remanded
COMM

International Federation of Professional and Technical Engineers and U.S. Department of the Interior, Bureau of Reclamation, Denver Office

Bureau of Reclamation fitness center committee (FLRA 0-NG-1989): Union selection proposal nonnegotiable

The Bureau of Reclamation established an employee committee to advise on its Denver office fitness center. The union proposed to select the bargaining unit employees serving on that committee. The Authority found the union's appeal timely, but held that its proposal would require management to…

January 15, 1992 ·FLRA
Upheld
COMM

U.S. Department of Defense, Defense Distribution Region West, Tracy, California and AFGE Local 1681 and Defense Logistics Agency Council of AFGE Locals

Defense Distribution Region West and AFGE (FLRA 9-RO-00007): Review applications rejected before unit election

The Department of Defense transferred supply functions and employees into its Defense Distribution Region West, prompting petitions about how the employees would be represented. A regional director found the existing units no longer appropriate, identified a unit covering the region's…

January 14, 1992 ·FLRA
Upheld
COMM

Hicks v. Cobra Mining, Inc.

Truck-loss damages vacated and remanded

Amos Hicks prevailed on a Mine Act discrimination claim against Cobra Mining, Inc., Jerry K. Lester, and Carter Messer after his discriminatory discharge. The remaining dispute concerned the amount of consequential damages for a pickup truck that was repossessed after the discharge. The Commission…

January 13, 1992 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Mettiki Coal Corporation

Safeguard validity and collateral estoppel remanded

Mettiki Coal Corporation was cited after an unattended personnel carrier was parked on an inclined track without a stopblock, derail, or chain-type car hold. The administrative law judge vacated the citation and safeguard and held that the Secretary was barred from relitigating the safeguard's…

January 10, 1992 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Southern Ohio Coal Company

Safeguard validity remanded for mine-specific findings

Southern Ohio Coal Company received an order of withdrawal after an inspector found that a section of the Martinka No. 1 Mine's supply track lacked shelter holes at the intervals required by a mine safeguard. The administrative law judge vacated the order because the Secretary had not shown that…

January 10, 1992 ·FMSHRC
Remanded
COMM

BethEnergy Mines, Inc.

Safeguard ruling partly affirmed and remanded

BethEnergy Mines contested citations alleging that two belt-conveyor travelways at its underground Mine No. 60 lacked the required 24 inches of clear space. The ALJ had found the safeguard valid because it followed a published safeguard criterion and had affirmed the citations as significant and…

January 10, 1992 ·FMSHRC
Mixed result
COMM

Secretary of Labor v. Rochester and Pittsburgh Coal Company

Safeguard validity remanded for mine-specific findings

Rochester and Pittsburgh Coal Company received two citations after miners were observed leaving an elevator with a portable dolly, in alleged violation of a notice to provide safeguard at the Greenwich Collieries No. 2 Mine. The administrative law judge vacated the citations because the safeguard…

January 10, 1992 ·FMSHRC
Remanded
ALJ

Old Ben Coal Company

Civil penalty settlement approved

Old Ben Coal Company was the respondent in a civil penalty proceeding under the Mine Act. The parties proposed reducing a $500 penalty to $250 and dismissing related cases after the case was severed from two other dockets. Judge Avram Weisberger found the settlement appropriate under the statutory…

January 10, 1992 ·Avram Weisberger ·FMSHRC
Settled
ALJ

Old Ben Coal Company

Inspection-access citation and order vacated

Old Ben Coal Company was cited and ordered to abate after it declined to provide an MSHA inspector with underground transportation during a quarterly inspection. The company provided elevator access and the inspector continued inspecting on foot, but MSHA alleged that the refusal impeded the…

January 10, 1992 ·FMSHRC
Citations vacated
COMM

Secretary of Labor v. Green River Coal Company, Inc.

Safeguard did not cover a different travelway obstruction

Green River Coal Company received a citation after a roof fall left slippery rock blocking part of a conveyor-belt travelway at its No. 9 Mine. The Secretary argued that a safeguard requiring a 24-inch travelway covered any physical obstruction, but the administrative law judge found that the…

January 10, 1992 ·FMSHRC
Citations vacated
COMM

Department of the Army, Defense Language Institute, Presidio of Monterey, California and National Federation of Federal Employees, Local 1263

Defense Language Institute and NFFE Local 1263 (FLRA 9-CA-90570): Contracting-out complaint dismissed

The Defense Language Institute decided to contract out instruction in ten languages, and its union challenged whether the institute had followed the required contracting procedures. The institute proceeded with a reduction in force while the union's grievance was in arbitration. The unfair labor…

January 10, 1992 ·FLRA
Set aside
COMM

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

Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-2175): Reconsideration of promotion ruling denied

The Authority had previously set aside an arbitration award granting a Tinker Air Force Base employee a promotion and back pay. It found that the employee's earlier formal equal employment opportunity complaint and later grievance concerned the same failure to promote him, so federal law barred the…

January 10, 1992 ·FLRA
Procedural
COMM

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

Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-2146): Promotion grievance denial stands

An equipment cleaner at Tinker Air Force Base claimed he had performed higher grade duties and should have received a promotion and back pay. An arbitrator found his temporary promotion claim untimely and his permanent promotion claim unsupported by evidence that he had performed the higher grade…

January 10, 1992 ·FLRA
Upheld
COMM

U.S. Department of the Army, Headquarters, Army Garrison, Fort Ritchie, Maryland and National Federation of Federal Employees, Local 115

Fort Ritchie and NFFE Local 115 (FLRA 0-AR-2131): Higher rating award replaced with reevaluation

A Fort Ritchie employee challenged a fully successful appraisal after receiving higher ratings in previous years. An arbitrator found that the Army had failed to counsel her about declining performance as its regulation required, and ordered the rating raised to highly successful. The Authority…

January 10, 1992 ·FLRA
Modified
COMM

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

Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-2117): Back pay award limited pending OPM approval

A Tinker Air Force Base employee performed WG-9 work while classified and paid at WG-8 before his permanent promotion. An arbitrator ordered the Air Force to pay the wage difference for more than three years. The Authority rejected the agency's argument that the absence of competitive promotion…

January 10, 1992 ·FLRA
Modified
COMM

American Federation of Government Employees, Council 236 and General Services Administration, Region 9

GSA Region 9 and AFGE Council 236 (FLRA 0-AR-2049): Performance appraisal award stands

A General Services Administration realty clerk received an overall rating of fully successful after receiving a highly successful rating the year before. Her union challenged the lower rating, the appraisal standards, and the agency's failure to provide a required interim performance review. An…

January 10, 1992 ·FLRA
Upheld
COMM

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

Border Patrol and AFGE Council (FLRA 0-AR-1942): Two suspensions rescinded

A Border Patrol agent serving as a union officer received five-day and ten-day suspensions over reports of time spent on union duties. An arbitrator found no just cause for either suspension, ordered the records removed, and awarded lost wages and benefits. The Authority rejected the agency's…

January 9, 1992 ·FLRA
Upheld
ALJ

T & T Fuels Incorporated

Settlement partly approved, S&S reduction denied

T & T Fuels proposed a settlement covering four citations, including a request to reduce one citation from significant and substantial to non-S&S, lower the negligence allegation, and reduce the penalty to $63. Judge William Fauver denied the requested S&S reduction because the motion did not show…

January 8, 1992 ·William Fauver ·FMSHRC
Settled
ALJ

Secretary of Labor v. S & H Mining, Incorporated

Imminent-danger order vacated, citation affirmed

S & H Mining operated an underground coal mine where high-voltage power lines were measured at heights below 15 feet above ground. The judge found that the condition created a substantial possibility of serious injury because the area was accessible to the public and electrical examiners, but the…

January 8, 1992 ·William Fauver ·FMSHRC
Mixed result
COMM

U.S. Department of the Treasury, Customs Service, Southeast Region and National Treasury Employees Union

Customs Service Southeast Region (FLRA 0-AR-2136): Vessel inspection grievance sent back

The Customs Service changed how its officers verified documents and manifests for vessels calling at more than one U.S. port. The union grieved the change, which reduced seaport officer overtime, alleging violations of law and regulation. An arbitrator ruled that the grievance could not proceed…

January 7, 1992 ·FLRA
Remanded
COMM

U.S. Department of Justice, Immigration and Naturalization Service, Honolulu District Office and American Federation of Government Employees, National Immigration and Naturalization Service Council

INS Honolulu District Office (FLRA 0-AR-2118): Suspension award sent back for clarification

The Immigration and Naturalization Service suspended a Honolulu special agent for seven days after delays in preparing an affidavit for a vessel seizure. An arbitrator found that discipline did not violate a law, rule, regulation, or the parties' agreement, but also called the suspension excessive…

January 7, 1992 ·FLRA
Remanded
ALJ

Jim Walter Resources, Inc.

Respirable-dust citation affirmed

Jim Walter Resources was cited after respirable-dust samples from a longwall mining unit averaged 2.6 milligrams per cubic meter, above the 2.0 milligrams per cubic meter limit in the cited standard. The company did not dispute the sample results but challenged MSHA's direction to change the…

January 6, 1992 ·George A. Koutras ·FMSHRC
Citations affirmed
COMM

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

Tinker Air Force Base (FLRA 0-AR-2122): Temporary promotion limited to two years

An Air Force employee at Tinker Air Force Base performed WG-6 duties while holding a WG-5 position. An arbitrator found that the agency had violated the labor agreement by failing to give him a temporary promotion and ordered backpay from August 1985 until his assignment to limited duty in January…

January 6, 1992 ·FLRA
Modified
COMM

U.S. Department of Agriculture, Forest Service, Chattahoochee-Oconee National Forests, Oconee Ranger District and National Federation of Federal Employees

Oconee Ranger District (FLRA 4-CU-10011): Supervisory technician excluded from unit

A Forest Service district gave a forestry technician duties that included supervising another employee, approving leave, and preparing performance and training materials. The regional director found that the technician was a supervisor under the federal labor statute and excluded him from the…

December 30, 1991 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2614 and U.S. Department of the Navy, Antilles Consolidated School System

Antilles school system (FLRA 0-NG-1963): Bargaining required on exchange access

The union proposed post exchange access for employees at two Navy schools in Puerto Rico. The Navy argued that exchange privileges were a personal benefit unrelated to working conditions. The Authority found a direct connection to the employees' work situation: they had a half-hour lunch period…

December 30, 1991 ·FLRA
Set aside
COMM

American Federation of Government Employees, AFL-CIO, Local 446 and U.S. Department of the Interior, National Park Service, Blue Ridge Parkway

Blue Ridge Parkway (FLRA 0-NG-1642): Drug testing proposals divided

The National Park Service and AFGE Local 446 disputed which union proposals about employee drug testing had to be bargained. The Authority required bargaining on several protections, including documenting reasonable suspicion, privacy during specimen collection, confirmation of positive tests, and…

December 30, 1991 ·FLRA
Mixed result
COMM

U.S. Department of the Treasury, Internal Revenue Service, Chicago District and National Treasury Employees Union, Chapter 10

IRS Chicago District (FLRA 5-CU-00016): Unit review application filed late

The IRS asked the Authority to review a regional director's unit clarification order. Its application had to be filed by November 25, 1991. The agency's envelope had no postmark, and the Authority received it on December 2. Under the filing rule, the Authority presumed a mailing date of November…

December 27, 1991 ·FLRA
Procedural
ALJ

The Pittsburg & Midway Coal Mining Co-York CNYN Complex

One citation affirmed, five modified

The Pittsburg & Midway Coal Mining Company contested six significant-and-substantial citations issued at the York Canyon Underground Mine. The judge affirmed the citation for a Caterpillar scraper that lacked an adequate automatic backup alarm and assessed the proposed $112 penalty. The parties…

December 26, 1991 ·August F. Cetti ·FMSHRC
Mixed result
COMM

Department of Veterans Affairs Medical Center, Brockton and West Roxbury, Massachusetts and Steven J. Giberti

VA medical center (FLRA 1-CA-10230): Reprimand for labor charges removed

A VA medical center issued a written reprimand to an employee because he had filed unfair labor practice charges. An administrative law judge found that the reprimand violated the federal labor statute. The Authority rejected the medical center's exceptions and adopted the judge's findings and…

December 26, 1991 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R12-29 and U.S. Department of the Navy, Naval Facilities Contracts Training Center, Port Hueneme

Navy training center (FLRA 0-NG-1930): Bargaining required on taxi fares and work plans

The Navy and a union disputed two proposals at a training center in Port Hueneme. One would provide transportation home for an overtime worker who made a reasonable effort but could not find a ride. The Authority read that proposal as covering taxi fares only in the circumstances allowed by federal…

December 26, 1991 ·FLRA
Set aside
COMM

American Federation of Government Employees, National Council of Education Locals, Council 252, Local 2607 and U.S. Department of Education

Department of Education (FLRA 0-AR-2120): Classification grievance remains outside arbitration

A Department of Education employee challenged a downgrade from a GS-14 position to a GS-12 position after a classification audit. She retained her grade and pay for two years and sought to correct her position description and reverse the downgrade. An arbitrator found that the issues could not be…

December 26, 1991 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1263 and U.S. Department of Defense, Defense Language Institute, Monterey

Defense Language Institute (FLRA 0-AR-1922): Contracting remedy requires further review

The Defense Language Institute contracted out instruction in ten languages without making a cost comparison under OMB Circular A-76. Twenty-seven civilian employees lost their jobs in a reduction in force. An arbitrator found a procurement violation and ordered a study, with reinstatement and…

December 26, 1991 ·FLRA
Modified
ALJ

Clifford Meek v. Essroc Corporation

Discrimination found, employment ordered

Clifford Meek alleged that Essroc Corporation refused to employ him at a cement grinding plant because he had raised safety concerns with an MSHA inspector. The judge found that Essroc was a successor to the prior operator and that the prior management officials who recommended against hiring Meek…

December 24, 1991 ·William Fauver ·FMSHRC
Other

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.