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 Navy, Naval Computer and Telecommunications Command Headquarters, Washington, D.C. and American Federation of Government Employees, Local 1

Navy telecommunications representation (FLRA 3-RA-00002): Late application dismissed

A Navy union sought review of a regional director's representation decision. It mailed the application to the Authority's Washington Regional Office, which received it on the October 7 deadline and forwarded it to the proper Docket Room the next day. The Authority's rules treated the application as…

October 30, 1991 ·FLRA
Procedural
COMM

Air Force Accounting and Finance Center, Lowry Air Force Base, Denver, Colorado and American Federation of Government Employees, Local 2040

Lowry Air Force Base schedules (FLRA 7-CA-90687): Notice and bargaining required

The Air Force Accounting and Finance Center changed arrival and departure requirements for employees in its Staff Judge Advocate office. It did not give the union adequate notice or bargain over the change's impact and implementation, and it dealt directly with employees about the change. The…

October 29, 1991 ·FLRA
Mixed result
COMM

Air Force Accounting and Finance Center, Denver, Colorado and American Federation of Government Employees, Local 2040

Air Force finance duty roster (FLRA 7-CA-90220): Impact bargaining ordered

The Air Force Accounting and Finance Center introduced a new duty roster that changed arrival and departure times for some employees. An administrative law judge found that the agency did not have to bargain over the decision itself but did have to bargain over its impact and implementation. The…

October 29, 1991 ·FLRA
Upheld
ALJ

Asamera Minerals (US) Incorporated

Settlement approved at $3,240

Asamera Minerals operated the Gooseberry Mine, where a miner died in a fall while replacing damaged timber dividers in a manway. MSHA issued two citations alleging violations of standards concerning fall protection and underground mine openings, with proposed penalties totaling $6,000. After the…

October 28, 1991 ·August F. Cetti ·FMSHRC
Settled
ALJ

Mountain Coal Company, (Successor to West Elk Coal Company, Incorporated)

Citation vacated and case dismissed

Mountain Coal Company operated the Mount Gunnison No. 1 Mine and was cited after a flame arrestor on a Jeffrey ram-car had a measured opening. The judge considered whether the equipment was maintained in permissible condition under 30 C.F.R. § 75.503, whether the violation was significant and…

October 28, 1991 ·August F. Cetti ·FMSHRC
Citations vacated
COMM

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

Fort Bragg employee suspension (FLRA 0-AR-2004): Reduced suspension upheld

After a knee injury, a Fort Bragg computer operator disputed work assignments and left work without approved sick leave. An arbitrator found grounds for discipline but reduced a ten day suspension to five days. The union argued that the award conflicted with disability accommodation law, sick leave…

October 28, 1991 ·FLRA
Upheld
COMM

Department of Veterans Affairs, Washington, D.C. and Department of Veterans Affairs Medical Center, Canandaigua, New York and American Federation of Government Employees, Local 3306

VA Canandaigua nurses (FLRA 1-CA-00107, 1-CA-00161): Complaint remanded

The VA proposed to discharge two nurses after investigations of alleged patient abuse. The union and the Authority's General Counsel alleged that the proposals retaliated against the nurses' union activity. An administrative law judge recommended dismissing the complaint because VA discipline under…

October 25, 1991 ·FLRA
Remanded
COMM

American Federation of Government Employees, Local 1156 and U.S. Department of the Navy, Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania

Navy sick leave certificates (FLRA 0-NG-1910): Warning clause rejected

A Navy contract provision required written caution and an improvement period before employees suspected of sick leave abuse could be required to supply medical certificates for later absences. The agency head disapproved the provision. The Authority found that the provision constrained the agency's…

October 25, 1991 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 858 and U.S. Department of Agriculture, Federal Crop Insurance Corporation, Kansas City, Missouri

Crop Insurance leave and promotion rules (FLRA 0-NG-1892): Two provisions rejected

A union challenged the Federal Crop Insurance Corporation's rejection of two negotiated provisions. One would require counseling and a warning before imposing a sick leave restriction; the Authority found it excessively limited the agency's discipline right. The other would automatically give the…

October 25, 1991 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 405 and U.S. Department of the Army, Army Information Systems Command, St. Louis, Missouri

Army Information Systems contract proposals (FLRA 0-NG-1723): Mixed bargaining order

An Army union appealed the agency's objections to 21 proposals covering contracting out, leave, overtime, awards, performance standards, and other working conditions. The Authority found some proposals negotiable, including a short delay while an agency contracting appeal was decided, a rule on…

October 25, 1991 ·FLRA
Mixed result
COMM

Department of Veterans Affairs, Waco, Texas and American Federation of Government Employees, Local 2571

Waco VA promotion grievance (FLRA 0-AR-2147): Nonselection award upheld

A Waco VA employee grieved after she was not selected for a senior development clerk position. She alleged that age and her earlier efforts to raise problems with supervisors influenced the decision. An arbitrator found that the agency had a legitimate reason for choosing another qualified…

October 25, 1991 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Social Security Administration, Area II, Philadelphia Region and American Federation of Government Employees, Local 1923

Social Security arbitration filing (FLRA 0-AR-2138): Reconsideration denied

The Authority dismissed Social Security's exceptions to an arbitration award after the agency failed to correct missing service documentation and arbitrator address information. The agency sought reconsideration, saying its internal mail system had misrouted the correction order and that the…

October 25, 1991 ·FLRA
Procedural
COMM

U.S. Department of the Treasury, Internal Revenue Service, Midwest Region, Chicago, Illinois and National Treasury Employees Union

IRS Midwest Region arbitration (FLRA 0-AR-2113): Apology letters upheld

An IRS employee was called to an office on the pretext of discussing insurance and was then interviewed by a city detective and an agency inspector. An arbitrator found that the inspector failed to advise her of a contractual right to union representation and that an employee relations chief failed…

October 25, 1991 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs Medical Center, Fayetteville, North Carolina and American Federation of Government Employees, Local 2080

Fayetteville VA union meeting (FLRA 0-AR-2038): Admonishment removal upheld

A Fayetteville VA ward clerk who was also a union vice president attended a meeting with management instead of returning to his ward at the directed time. The agency gave him a written admonishment. An arbitrator found that his union activity was protected and that the record did not show…

October 25, 1991 ·FLRA
Upheld
COMM

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

Defense school transfer benefits (FLRA 0-AR-2011): Early exceptions dismissed

An arbitrator addressed teachers' claims for transportation benefits after transfers between duty locations but left some eligibility and individual claims unresolved. He ordered the Defense Department schools to provide information, directed the parties to meet, and retained jurisdiction for…

October 25, 1991 ·FLRA
Procedural
ALJ

S & S Material, Inc.

Discrimination case dismissed

This discrimination proceeding concerned Jimmie L. Callan and S & S Material, Inc. The Secretary of Labor moved to withdraw the motion for temporary reinstatement, and Judge Avram Weisberger granted that motion based on the assertions presented. The judge then dismissed the case. The order does not…

October 24, 1991 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Lanham Coal Company, Inc.

Tarping citation vacated on remand

Lanham Coal operated a surface coal mine where truck drivers covered loaded coal trucks with tarps. A driver fell about 10 feet while tarping a truck and later died for reasons unrelated to the fall. MSHA cited the company under 30 C.F.R. § 77.1710(g) for not requiring safety belts or lines. On…

October 24, 1991 ·James A. Broderick ·FMSHRC
Citations vacated
COMM

U.S. Department of the Treasury, Internal Revenue Service, Ogden Service Center, Ogden, Utah and National Treasury Employees Union, Chapter 67

IRS Ogden union fundraising (FLRA 0-AR-2076): Ban overturned

The IRS's Ogden Service Center barred a union from holding fundraising sales on site, although other employee groups held sales there. An arbitrator found the ban discriminatory and ordered the agency to stop it and allow union fundraising on terms consistent with the other groups' activities. The…

October 24, 1991 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R7-72 and U.S. Department of the Army, Rock Island Arsenal, Rock Island, Illinois

Rock Island Arsenal proposals (FLRA 0-NG-1924): Shutdown leave negotiable, motorcycle limits rejected

A union proposed leave options and compensating administrative leave for employees affected by temporary shutdowns at Rock Island Arsenal. It also proposed a limited list of protective gear for employees who rode motorcycles. The Authority found the shutdown leave proposal negotiable because it…

October 23, 1991 ·FLRA
Mixed result
COMM

U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476

HUD staffing records (FLRA 3-CA-10066): Information refusal upheld as unfair labor practice

A union requested records, including a crediting plan, for a HUD Financial Operations Analyst vacancy. HUD declined to furnish the requested data and did not respond promptly. An administrative law judge found unfair labor practices, and the Authority adopted that finding over HUD's exceptions. It…

October 22, 1991 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 2119 and U.S. Department of the Army, Rock Island Arsenal, Rock Island, Illinois

Rock Island holiday shutdown (FLRA 0-NG-1953): Administrative leave proposal negotiable

The Army planned a brief holiday shutdown at Rock Island Arsenal and proposed that affected employees use annual leave. The union proposed administrative leave without a charge to annual leave instead. The Authority found the proposal negotiable because it addressed employees whom management had…

October 22, 1991 ·FLRA
Set aside
ALJ

Pigeon Branch Coal Company

Settlement approved at $2,200

Pigeon Branch Coal Company was the respondent in a civil penalty proceeding concerning its No. 8 Mine. The Secretary of Labor asked the judge to approve a settlement that reduced the proposed penalty from $4,400 to $2,200 and dismissed the case. Judge Avram Weisberger found the agreement…

October 21, 1991 ·Avram Weisberger ·FMSHRC
Settled
ALJ

F.K.C., Incorporated

Discrimination proceedings dismissed

These consolidated discrimination proceedings concerned Martin L. Richardson and F.K.C., Incorporated. The Secretary of Labor moved to dismiss after concluding that Richardson was not a miner under the Mine Act and that the respondent companies were not engaged in activity covered by the Act at the…

October 21, 1991 ·John J. Morris ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Local 53 and U.S. Department of the Navy, Navy Material Transportation Office, Norfolk, Virginia

Norfolk Navy contract provisions (FLRA 0-NG-1629): Three approved, two rejected

The Navy disapproved five provisions of a locally negotiated agreement at its Norfolk Material Transportation Office. The Authority found negotiable provisions on keeping employees without annual leave working during temporary shutdowns, limiting details to the shortest practicable period, and…

October 21, 1991 ·FLRA
Mixed result
COMM

National Treasury Employees Union and U.S. Department of Agriculture, Food and Nutrition Service, Western Region

Food and Nutrition Service agreement (FLRA 0-NG-1153): Agency head disapproval partly rescinded

The Food and Nutrition Service's agency head disapproved nine provisions of an agreement with the union. After a court remand, the Authority held that the provisions resulting from interest arbitration requested through the Federal Service Impasses Panel were subject to agency head review. On the…

October 21, 1991 ·FLRA
Mixed result
ALJ

Ruby Helen Coal Company

Proceedings stayed pending criminal case

Ruby Helen Coal Company was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Sunrise Mining, Inc.

Proceedings stayed pending criminal case

Sunrise Mining asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Shady Lane Coal Company

Proceedings stayed pending criminal case

Shady Lane Coal Company asked to stay two contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Classic Coal Corporation

Proceedings stayed pending criminal case

Classic Coal Corporation was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

American Carbon Corporation

Proceedings stayed pending criminal case

American Carbon Corporation asked to stay a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust sampling violations and…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Black Nugget Mining, Inc.

Proceedings stayed pending criminal case

Black Nugget Mining, Inc. was involved in a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Good Times Mining, Inc.

Proceedings stayed pending criminal case

Good Times Mining asked the judge to stay a pending civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings connected to the dust sampling…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

L & L Energy OF Hurley, Inc.

Proceedings stayed pending criminal case

L & L Energy of Hurley, Inc. was involved in a civil penalty proceeding concerning its Mine No. 2 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Sunset Land & Coal Company

Proceedings stayed pending criminal case

Sunset Land & Coal Company asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Red Dog Coal Corporation

Proceedings stayed pending criminal case

Red Dog Coal Corporation was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 3 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Delbarton Mining Corp.

Proceedings stayed pending criminal case

Delbarton Mining Corp. was involved in a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to dismiss…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Dotson & Rife Coal Co., Inc.,

Proceedings stayed pending criminal case

Dotson & Rife Coal Co. operated Mine No. 1 and asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Edd Potter Coal Company

Proceedings stayed pending criminal case

Edd Potter Coal Company was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 2 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Red Dog Coal Corporation

Proceedings stayed pending criminal case

Red Dog Coal Corporation was involved in a contest proceeding and a civil penalty proceeding concerning its Mine No. 3-A dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of…

October 18, 1991 ·James A. Broderick ·FMSHRC
Procedural
COMM

PPG Industries, Inc.

Omitted settlement item affirmed at $200

PPG Industries and the Secretary previously settled numerous serious, willful, and other-than-serious citation items. After the settlement became final, the parties discovered that serious citation item 13 had been omitted from the written agreement. They jointly stated that the item was supposed…

October 18, 1991 ·OSHRC
Modified
COMM

Super Excavators, Inc.

Offsite hazard documents led to a de minimis notice and a $60 violation

Super Excavators had an effective written hazard-communication program, but kept the written program and material safety data sheets at its main office rather than at a sewer-construction worksite 22 miles away. The Commission converted the written-program item to a de minimis notice because the…

October 18, 1991 ·OSHRC
Modified
COMM

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

Border Patrol driver training proposal (FLRA 0-NG-1942): Petition dismissed without prejudice

The Border Patrol Council sought a negotiability ruling on a proposal to preserve how driver training scores counted toward graduation from the Border Patrol Academy. The agency said it had never alleged that the proposal was inconsistent with law, rule, or regulation, although the parties disputed…

October 18, 1991 ·FLRA
Procedural
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 cash award (FLRA 0-AR-2160): Grievance exclusion upheld

A Scott Air Force Base employee sought a cash award after his performance rating was raised to excellent. An arbitrator found that the parties' agreement excluded grievances over the nonreceipt of cash awards unless an unlawful practice caused the denial. After an earlier Authority remand, the…

October 18, 1991 ·FLRA
Upheld
COMM

Consolidated Freightways Corp.

Corrosive-dye PPE violation was serious

Consolidated Freightways employees handled and cleaned up a leaking drum of corrosive powdered dye without suitable personal protective equipment. Supervisors knew about the spill but left untrained workers to decide what protection to use, and the company's safety guides were not adequately…

October 17, 1991 ·OSHRC
Modified
COMM

U.S. Department of the Army, Corpus Christi Army Depot, Corpus Christi, Texas and American Federation of Government Employees, Local 2142

Corpus Christi mechanics (FLRA 0-AR-2156): Back pay grievance denial upheld

Corpus Christi Army Depot temporarily reclassified aircraft mechanic positions at lower pay before restoring a higher classification under new position descriptions. The union sought back pay for 14 mechanics and argued that the agency had not properly implemented a settlement agreement. An…

October 17, 1991 ·FLRA
Upheld
COMM

U.S. Small Business Administration, Washington, D.C. and American Federation of Government Employees, Local 2532

Small Business Administration suspension (FLRA 0-AR-2106): Arbitrator's ruling upheld

The Small Business Administration suspended a writer-editor for eight days after finding that a letter he sent to a supervisor was insubordinate. An arbitrator found just cause for the suspension and rejected the employee's claim that he had been denied required official time to prepare his…

October 17, 1991 ·FLRA
Upheld
COMM

United States Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916

Tinker Air Force Base temporary promotion (FLRA 0-AR-2100): Back pay award limited

A Tinker Air Force Base employee performed duties of a higher graded position without a temporary promotion. An arbitrator ordered a retroactive promotion and back pay covering nearly three years. The Authority rejected the agency's argument that its failure to use competitive procedures limited…

October 17, 1991 ·FLRA
Modified
COMM

U.S. Department of the Interior, Bureau of Reclamation, Great Plains Region and International Brotherhood of Electrical Workers, Local 1759

Bureau of Reclamation warehouse position (FLRA 0-AR-1921): Union back pay award set aside

The Bureau of Reclamation eliminated a bargaining unit warehouse position and assigned its duties to a position outside the unit. An arbitrator found that the bureau had failed to negotiate the change and awarded back pay to a retired employee and to the union. The Authority left the retired…

October 17, 1991 ·FLRA
Modified
ALJ

Consolidation Coal Company

Discrimination complaint withdrawn and dismissed

J. Mike Plevich filed a Mine Act discrimination complaint against Consolidation Coal Company. He later withdrew the complaint after receiving favorable results through a grievance procedure. Judge Paul Merlin granted the withdrawal request and dismissed the case. No civil penalty was assessed.

October 16, 1991 ·Paul Merlin ·FMSHRC
Procedural
COMM

Matter of D-L- & A-M-

Fraudulent travel document surrender did not establish entry fraud

The Board reviewed a Cuban couple's appeal from an exclusion order after they traveled from Spain to the United States using a Spanish passport containing a switched photograph and then surrendered that document to immigration officials. It held that the couple was not excludable for fraud or…

October 16, 1991 ·BIA
Mixed result
ALJ

San Juan Coal Company

Grounding citations vacated and highwall citation affirmed

San Juan Coal Company operated the San Juan Mine and Plant and the La Plata Mine. The parties settled 22 of 26 alleged violations, including a CENT 90-110 citation that was modified and resolved with a $147 penalty. The judge vacated three grounding citations involving two toaster ovens and a…

October 16, 1991 ·Michael A. Lasher ·FMSHRC
Mixed result
COMM

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

Illinois National Guard uniform allowances (FLRA 5-CA-00253): Complaint dismissed for wrong procedure

A National Guard local refused to bargain over union proposals for civilian uniform allowances after the National Guard Bureau advised that the subject was nonnegotiable. The union pursued an unfair labor practice complaint, claiming the refusal to bargain was unlawful. The Authority found that the…

October 15, 1991 ·FLRA
Procedural
COMM

U.S. Department of the Navy, Naval Public Works Center, San Diego, California and National Association of Government Employees, Local R12-35

San Diego naval public works center (FLRA 98-CA-10375): Employee address disclosure ordered

A union requested the names and home addresses of employees in its bargaining unit at a Navy public works center in San Diego. The center refused, citing court decisions and federal privacy law. The Authority held that the center committed an unfair labor practice by withholding the information…

October 11, 1991 ·FLRA
Upheld
COMM

Naval Resale and Services Support Office, Field Support Office Jacksonville and National Association of Government Employees, Local R5-82

Jacksonville naval support office (FLRA 4-CA-10526): Employee address order upheld

A union representing employees at a naval support office in Jacksonville requested the names and home addresses of employees in its bargaining unit. An administrative law judge found that the office committed an unfair labor practice by refusing to furnish the information. The Authority adopted the…

October 11, 1991 ·FLRA
Upheld
COMM

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

Border Patrol bargaining site proposal (FLRA 0-NG-1967): Petition dismissed without prejudice

The Border Patrol Council asked the Authority to rule on a proposal about where the union and the agency would negotiate. The agency said it had not alleged that the proposal conflicted with law, rule, or regulation and withdrew any earlier allegation to that effect. The Authority held that no…

October 11, 1991 ·FLRA
Procedural
ALJ

Gatliff Coal Company, Inc.

Emergency communication order modified and penalty assessed

Gatliff Coal operated a surface strip coal mine in Kentucky. After a fatal truck accident, workers had to travel to a public telephone because no company radio was available at the job site. The judge found a violation of the emergency-communication standard, but concluded that it was not…

October 10, 1991 ·Gary Melick ·FMSHRC
Modified
ALJ

Carroll Frank Bluemel, Employed by South Texas Aggregates, Incorporated

Individual penalty assessed for knowingly authorizing hazardous equipment use

Carroll Frank Bluemel was the mine superintendent at South Texas Aggregates' Helotes Mine. After a front-end loader fire injured an operator, Bluemel later authorized use of another loader even though he knew or had reason to know that its hydraulic system and emergency engine shutoff remained…

October 10, 1991 ·William Fauver ·FMSHRC
Citations affirmed
COMM

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

El Paso Border Patrol interview (FLRA 6-CA-70451): Coerced interview violation upheld

A Border Patrol agent requested union representation for an investigative interview that he reasonably believed could lead to discipline. Agency investigators stressed the possible consequences of bringing the representative and said he was expected to cooperate with their criminal investigation…

October 10, 1991 ·FLRA
Upheld
COMM

Tidewater Virginia Federal Employees Metal Trades Council and U.S. Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia

Norfolk Naval Shipyard staffing proposals (FLRA 0-NG-1821): Placement bargaining ordered

A union proposed that Norfolk Naval Shipyard move apprentices into journeyworker positions after they completed training and try to place employees facing forced annual leave in other available work. The Authority found the apprentice proposal nonnegotiable because it would interfere with…

October 10, 1991 ·FLRA
Mixed result
COMM

U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476

HUD reduced workweek grievance (FLRA 0-AR-2092): Arbitration barred by earlier EEO complaint

A HUD employee asked to reduce his workweek from four days to three and filed an equal employment opportunity complaint after the agency refused. When HUD denied a renewed request a year later, he filed a grievance. An arbitrator ruled that the earlier complaint and the grievance concerned the same…

October 10, 1991 ·FLRA
Upheld

What these documents are

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