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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U.S. Department of Justice, Immigration and Naturalization Service, U.S. Border Patrol and American Federation of Government Employees, National Border Patrol Council
Border Patrol Academy (FLRA 4-CA-90547): Trainee's request for an adviser protected
Supervisors at the Border Patrol Academy questioned trainees about an incident and later called several before a probationary board. One trainee asked to speak with a lawyer or someone to advise him before questioning, but supervisors continued without providing representation. The Authority found…
National Federation of Federal Employees, Local 1384 and U.S. Department of the Air Force, 3245th Air Base Group, Hanscom Air Force Base, Massachusetts
Hanscom Air Force Base (FLRA 0-NG-1865): Split sample drug testing proposal rejected
NFFE Local 1384 proposed that Hanscom Air Force Base collect a reserve urine specimen during employee drug testing and test it after a positive result from the original specimen. The proposal allowed a reserve specimen as small as 10 milliliters and required its result to be reported to the medical…
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 (FLRA 0-AR-2093): Agency bargaining grievance award upheld
Scott Air Force Base filed a grievance after the union refused to bargain under their labor agreement. The union initially said it would not take part in arbitration, then argued that the agency had missed the agreement's deadline for setting a hearing. The arbitrator found that the union's conduct…
U.S. Department of Justice, Immigration and Naturalization Service, Honolulu District Office and American Federation of Government Employees, Local 2886, National Immigration and Naturalization Council
INS Honolulu District (FLRA 0-AR-2062): Agent's suspension award upheld
An INS agent sought a visa request for an attorney's client after the Honolulu district director had declined to help, then sent a request to two embassies without telling an approving official about that refusal. The agent did not fully follow later instructions to withdraw the request, and INS…
Lancashire Coal Corp.
Mine Act jurisdiction over abandoned mine demolition upheld
MSHA inspected Lancashire Coal's abandoned Pennsylvania coal preparation site after a contractor's employee was killed during demolition of a silo. The Commission considered whether the site remained a mine under the Mine Act and whether MSHA had jurisdiction to issue citations and withdrawal…
U.S. Department of the Navy, Naval Resale Activity, Construction Battalion Center, Port Hueneme, California and National Association of Government Employees, SEIU/AFL-CIO
Port Hueneme employee addresses (FLRA 8-CA-00172): Navy ordered to provide union contact information
The union asked the Naval Resale Activity for unit employees’ names and home addresses to contact them about contract negotiations. The activity refused, citing the Privacy Act. The parties agreed that the information was maintained in the normal course of business and reasonably available…
U.S. Department of Justice, Immigration and Naturalization Service, U.S. Border Patrol, Dallas, Texas and American Federation of Government Employees, National Border Patrol Council
Dallas Border Patrol (FLRA 6-CA-90117): Discipline policy memoranda ordered disclosed
The union sought three Border Patrol memoranda about discipline policy while representing employees who faced suspension. The agency refused, saying the memoranda were exempt advice to managers about collective bargaining. An administrative law judge agreed, but the Authority found that the…
Federal Employees Metal Trades Council and U.S. Department of the Navy, Mare Island Naval Shipyard, Vallejo, California
Mare Island motorcycle safety equipment (FLRA 0-NG-1904): Storage proposal partly negotiable
Mare Island Naval Shipyard required employees who rode motorcycles onto the base to use additional protective clothing and equipment. The union proposed that the shipyard pay for the gear and a second mirror, provide storage and changing facilities, maintain the gear, and pay employees while they…
U.S. Department of the Interior, Bureau of Reclamation, Lower Colorado Dams Project Office, Parker and Davis Dams and International Brotherhood of Electrical Workers, Local 640
Parker and Davis Dams (FLRA 0-AR-1936): Sunday premium pay award upheld
The Bureau of Reclamation stopped paying a contractually required 25 percent premium for regularly scheduled Sunday work at Parker and Davis Dams. An arbitrator ordered the agency to restore the premium and reimburse employees who performed qualifying work after the cutoff. The agency argued that…
Peabody Coal Company
Settlement approved and penalty reduced
MSHA brought two civil penalty proceedings against Peabody Coal Company involving the Martwick Underground and Camp No. 2 Mines. The parties proposed a settlement that removed the significant-and-substantial finding from Citation No. 3416556 and reduced the penalty from $545 to $378. Judge Gary…
Army and Air Force Exchange Service, Fort Drum Exchange, Fort Drum, New York and American Federation of Government Employees, AFL-CIO
Fort Drum union button (FLRA 1-CA-00086): Employee may wear union insignia on duty
Fort Drum Exchange prohibited a mobile sales associate from wearing an “AFGE UNITY IS POWER” button on his uniform during duty hours. An administrative law judge found that the ban interfered with employee rights under the federal labor statute. The Exchange excepted to that decision, arguing that…
American Federation of Government Employees, National Veterans Administration Council and U.S. Department of Veterans Affairs, Washington, D.C.
Veterans Affairs furlough proposals (FLRA 0-NG-1888): Four negotiable, one moot
The Department of Veterans Affairs proposed furloughs for lack of funds, and the union offered five related proposals. The furlough initially proposed did not occur, but the Authority found that four proposals were not tied to it and remained negotiable. Those proposals covered approved…
American Federation of Government Employees and U.S. Department of Defense, Army and Air Force Exchange Service
Exchange Service attorney fees (FLRA 0-AR-2050): Exception dismissed for lack of jurisdiction
An arbitrator reduced an Exchange Service employee’s downgrade to a 60-day suspension with backpay but denied the union’s request for attorney fees. The union challenged only the fee denial. The Authority held that the underlying downgrade of a nonappropriated fund employee was a serious adverse…
Edwin E. Espey, Jr., Employed by Espey Silica Sand Company
Individual penalty imposed for knowingly permitting unsafe access
MSHA found unguarded floor openings and a broken support beam at the Espey Pit and Plant, an open pit silica sand operation in San Antonio, Texas. The conditions created a risk that a person or material could fall through the floor and cause permanently disabling or fatal injuries, violating the…
American Federation of Government Employees, National Mint Council and U.S. Department of the Treasury, Bureau of the Mint, San Francisco, California
Mint agreement disapproval (FLRA 0-NG-1826): Negotiability petition dismissed
The Treasury Department disapproved a provision of a collective bargaining agreement after sending a fax to a local official. The parties disputed whether the disapproval had been personally delivered to the union within the required 30 days. After a show cause order, neither side supplied the…
American Federation of Government Employees, National Council of EEOC Locals, Local 216 and Equal Employment Opportunity Commission
EEOC suspension grievance (FLRA 0-AR-2040): Early arbitration exceptions dismissed
An EEOC employee grieved a 14-day suspension after unfair labor practice charges concerning related events had been filed. The arbitrator ruled that some issues were barred but left the merits of the suspension for a later hearing. The agency challenged that arbitrability ruling before the…
New Butte Mining Incorporated
Restricted-clearance citation and penalty affirmed
New Butte Mining operated the Lexington gold mine in Montana. A miner was injured when he backed into a rib and was pinched by an ore car in an unmarked area where the clearance narrowed to zero. Judge John J. Morris found that the area was a travelway and that the restricted clearance created a…
Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, AFL-CIO, National Council of Payment Center Locals
Social Security employee addresses (FLRA 2-CA-10109): Disclosure ordered
The union requested names and home addresses of employees in its bargaining unit from the Social Security Administration. An administrative law judge found that the agency’s refusal was an unfair labor practice and granted summary judgment. The agency filed exceptions. The Authority adopted the…
U.S. Department of Veterans Affairs, Medical Center, West Haven, Connecticut and American Federation of Government Employees, AFL-CIO, Local 1674
West Haven employee addresses (FLRA 1-CA-10074): VA ordered to disclose
The West Haven VA medical center refused the union’s request for bargaining unit employees’ names and home addresses. An administrative law judge granted summary judgment and found an unfair labor practice. The Authority adopted that decision, relying on its earlier Portsmouth Naval Shipyard…
American Federation of Government Employees, Local 51, AFL-CIO and United States Mint, Department of the Treasury
Mint earthquake leave (FLRA 0-AR-2034): Arbitrator’s remedy upheld
After a San Francisco earthquake, the Mint closed its buildings for inspection and granted administrative leave on the first day. For the next two days it used criteria that an arbitrator found arbitrary to decide which employees received leave. The arbitrator ordered leave restoration for affected…
U.S. Department of the Army, Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina and American Federation of Government Employees, Local 1770
Fort Bragg lunch period (FLRA 0-AR-2020): Workday change award upheld
Fort Bragg lengthened the unpaid lunch period from 30 minutes to one hour, moving the end of the affected employees’ workday later. The union grieved the change, and an arbitrator found that the Army could make the tour of duty change and had met its bargaining obligations. The union argued that a…
U.S. Department of the Army, Headquarters, XVIII Airborne Corps, Fort Bragg, North Carolina and American Federation of Government Employees, Local 1770
Fort Bragg grievance meeting (FLRA 0-AR-2017): Overtime issue returned to arbitrator
A Fort Bragg emergency medical technician attended a grievance meeting on a day off and sought two hours of overtime. The arbitrator denied the claim, reasoning that the agency had to approve overtime separately for each instance. The Authority held that federal law and regulations did not prevent…
Rochester & Pittsburgh Coal Company
Escapeway citation vacated and three citations modified
MSHA cited Rochester & Pittsburgh Coal over escapeway clearance at the Greenwich Collieries No. 2 Mine and over electrical equipment near a coal rib. Judge James A. Broderick found that the evidence did not establish that the alternate escapeway failed to allow passage of a disabled person, so he…
Matter of U-M-
Drug trafficking barred asylum and withholding
The Board reviewed a Salvadoran respondent’s deportation appeal after convictions for selling or transporting marijuana and selling LSD. The immigration judge found him deportable for entering without inspection, aggravated-felony and controlled-substance convictions, and denied asylum and…
J. F. Shea Company, Inc.
Internal mail delay did not excuse late contest
OSHA mailed two citations to J. F. Shea Company after inspecting a Colorado worksite. The company received them on January 25, 1989, but an office assistant did not receive and date-stamp them until February 3. Shea relied on the later date and filed its notice of contest eight days after the…
Capra Industries, Inc.
Settlement withdrew machine, electrical, and chemical citations
Capra Industries manufactured jewelry and music boxes and was cited after OSHA inspected its workplace. The citations addressed an unguarded pulley, an ungrounded receptacle, hazard communication deficiencies, and failure to post an OSHA notice. After review was directed, the parties reached a full…
Dover Elevator Company
Settlement retained one ladder violation and $720 penalty
Dover Elevator employees worked in an open elevator shaft during a building renovation. OSHA cited inadequate safety training, failure to use fall protection, an unsecured ladder, and unguarded floor openings. The judge vacated the training item and affirmed the other three items with penalties…
American Federation of Government Employees, AFL-CIO, Local 1909, Fort Jackson, South Carolina and Army and Air Force Exchange Service, Dallas, Texas
Fort Jackson arbitrator fee (FLRA 4-CO-80046): Complaint dismissed
An Exchange Service activity charged AFGE Local 1909 with an unfair labor practice after the local did not pay its share of an arbitrator’s fee. An administrative law judge found that the local lacked funds, had tried to make partial payment, and had not rejected its contractual obligation. The…
U.S. Department of the Interior, Bureau of Reclamation, Lower Colorado Region, Yuma, Arizona and National Federation of Federal Employees, Local 1487
Yuma union office space (FLRA 0-AR-1984): Trailer award upheld
An interest arbitrator ordered the Bureau of Reclamation to provide a trailer for the union’s office, with the union paying specified installation and operating costs. The agency argued that the arbitrator lacked authority to decide negotiability and that a special statute covering prevailing rate…
Matter of Stockwell
Terminated conditional status permits adjustment
The Board reviewed the Service's appeal after an immigration judge granted a United Kingdom respondent adjustment of status based on his second marriage to a United States citizen. His first marriage had ended in divorce, and his conditional permanent resident status had been terminated before he…
Naval Satellite Operations Center, Point Mugu, California and National Association of Government Employees, Local R12-33, SEIU/AFL-CIO
Point Mugu employee addresses (FLRA 8-CA-10059): Navy disclosure ordered
The union asked the Naval Satellite Operations Center for the names and home addresses of employees it represented. The center refused to provide the addresses, though the parties agreed that the information was maintained, available, and outside the statute’s management advice exclusion. Applying…
Department of Defense, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia and American Federation of Government Employees, Local 987
Warner Robins union negotiator (FLRA 4-CA-80513): Ground rules breach found unlawful
Warner Robins Air Logistics Center agreed to move designated union negotiators to the day shift during contract talks. It then refused to move a designated negotiator. An administrative law judge recommended dismissing the union’s unfair labor practice complaint. The Authority reversed that…
National Labor Relations Board and National Labor Relations Board Union
NLRB inspector general unit (FLRA 3-CU-00022): Union review request denied
The NLRB asked to exclude employees in its Office of Inspector General from a bargaining unit because they performed investigation and audit functions. The union agreed that the statutory exclusion applied but wanted a separate finding about whether the employees otherwise fell under the General…
American Federation of Government Employees, Local 2354 and U.S. Department of the Air Force, F.E. Warren Air Force Base, Cheyenne, Wyoming
F.E. Warren agreement disapproval (FLRA 0-NG-1913): Petition dismissed
The Air Force disapproved three provisions of a collective bargaining agreement after the agreement was signed. The record showed a message to local agency officials but did not establish service of the disapproval on the union by certified mail or in person within 30 days. The Authority therefore…
National Federation of Federal Employees, Local 1214 and Department of the Army, Health Services Command, Moncrief Army Community Hospital, Fort Jackson, South Carolina
Moncrief EMT certification (FLRA 0-NG-1590): Two parts negotiable
Moncrief Army Community Hospital planned to require national certification for emergency medical technicians. The union proposed a later start date, exam scheduling and expense terms, limits on personnel actions, and a bargaining sequence before implementation. The Authority found that a provision…
U.S. Department of the Treasury, United States Customs Service and National Treasury Employees Union
Customs arbitration appeal (FLRA 0-AR-2082): Employee lacked authority to file
A Customs Service employee filed exceptions to an arbitration award. A local union chapter had authorized him, but the national union said it had not filed exceptions, and the record did not show that the chapter had participated as a party in the arbitration. The Authority found that helping…
U.S. Department of Veterans Affairs, Medical Center, Lexington, Kentucky and National Association of Government Employees, Local R5-184
Lexington VA suspension (FLRA 0-AR-2071): Patient abuse grievance award upheld
A Lexington VA medical center suspended a licensed practical nurse for three days over an allegation of verbal patient abuse. An arbitrator found that the agency had not proved the charge and sustained the nurse’s grievance. The agency argued that the arbitrator denied it a fair hearing. The…
U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base and American Federation of Government Employees, Local 1592
Hill Air Force Base details (FLRA 0-AR-2063): Grievance denial upheld
The Air Force ended temporary details held by wage grade employees after deciding that the assignments should be filled through competitive procedures. The union grieved the termination of the details, but an arbitrator found no contract violation. The Authority rejected the union’s exceptions…
U.S. Department of the Interior, Bureau of Reclamation, Lower Colorado Dams Project Office, Boulder City, Nevada and American Federation of Government Employees, Local 1978
Boulder City overtime rate (FLRA 0-AR-1903): Higher rate award upheld
Two Bureau of Reclamation guides performed weekend maintenance work and were paid overtime at their General Schedule rate. They argued that the wage board work carried a higher rate under the parties’ labor agreements. An arbitrator agreed and awarded the difference. The Bureau challenged the…
Department of Housing and Urban Development, San Francisco, California and American Federation of Government Employees, Local 2403, AFL-CIO
HUD removal notice (FLRA 8-CA-90223): Union information right upheld
A HUD union requested a copy of a proposed removal notice for a bargaining unit employee. HUD refused, relying on provisions of the labor agreement about employee notices and representation. An administrative law judge treated the competing contract interpretations as enough to dismiss the unfair…
Naval Satellite Operations Center, Point Mugu, California and National Association of Government Employees, Local R12-33, SEIU/AFL-CIO
Point Mugu address request (FLRA 8-CA-10080): Disclosure ordered
The union requested bargaining unit employees’ names and home addresses from the Naval Satellite Operations Center. The center refused, arguing that privacy law prevented release and that the union had not shown a need for the information. Following its earlier employee address decisions, the…
U.S. Equal Employment Opportunity Commission and National Council of EEOC Locals 216, American Federation of Government Employees, AFL-CIO
EEOC personnel ceilings (FLRA 3-CA-90013): Bargaining violation found
The EEOC lowered staffing ceilings for its headquarters and field offices as a cost saving measure and expected attrition to reduce the number of employees. It did not give the union a chance to bargain over how the reductions would be implemented or their effects on employees. An administrative…
National Association of Agricultural Employees and U.S. Department of Agriculture, Western Regional Office, Sacramento, California
Agriculture medical accommodation proposals (FLRA 0-NG-1878): Physician review negotiable
The union proposed rules for handling medical information when Agriculture Department employees requested accommodation. One proposal sent the information directly to a medical review officer or similarly qualified physician. The other required certain return to work assignments to be set out in a…
U.S. Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, Pennsylvania and Philadelphia Metal Trades Council, Local 93
Philadelphia attorney fees (FLRA 0-AR-2079): Fee award set aside
A naval shipyard employee’s five day suspension was reduced to two days in arbitration after a workplace injury. The arbitrator then awarded the union $5,350.50 in attorney fees. The Navy challenged only the fee award. The Authority held that the arbitrator had not provided the findings and…
U.S. Department of Defense, Army and Air Force Exchange Service, Dallas, Texas and National Federation of Federal Employees, Local 977
Exchange Service mechanic backpay (FLRA 0-AR-1979): Overtime and commissions upheld
An Exchange Service mechanic performed duties previously assigned to a supervisor and lost overtime and commission opportunities. An arbitrator found a contract violation and awarded $7,200 in lost overtime and $7,560 in commissions. The agency argued that the award conflicted with regulations and…
U.S. Department of the Treasury, Internal Revenue Service, Washington, D.C. and Chicago District Office and National Treasury Employees Union, Chapter 10
IRS penalty selection records (FLRA 5-CA-60265): Disclosure ordered on remand
A Treasury employees union sought IRS documents about the choice of penalty for an employee facing adverse action. After earlier remands, an administrative law judge found that the agency had unlawfully refused the documents. The Authority agreed that the records were needed for the union’s…
American Federation of Government Employees, National Veterans Administration Council and U.S. Department of Veterans Affairs, Washington, D.C.
VA smoke free policy (FLRA 0-NG-1876): Smoking area proposals partly negotiable
The VA sought to make its medical facilities smoke free, and the union submitted proposals about patient smoking, employee smoking areas, and smoking shelters. The Authority found that proposals letting employees refuse a physician’s smoking instruction or requiring only volunteers to escort…
National Treasury Employees Union and Federal Deposit Insurance Corporation, Chicago, Illinois
FDIC interest arbitration stays (FLRA 0-MC-13-002): Stays vacated
The Authority had stayed two Federal Service Impasses Panel orders sending FDIC wage and fringe benefit disputes to binding interest arbitration while related cases were before a federal court. After the court ruled, the reason for those stays ended. The Authority vacated both stays and said the…
U.S. Department of the Navy, Naval Weapons Support Center, Crane, Indiana and American Federation of Government Employees, Local 1415
Crane motorcycle training (FLRA O-AR-2029): Nonduty course award upheld
The Navy required employees who rode motorcycles onto its installation to complete a safety course and later offered a longer course outside duty hours. The union grieved the change, arguing that employees had previously been allowed to take the course on duty time. An arbitrator found no agreement…
Department of Veterans Affairs, Veterans Administration Medical Center, Boise, Idaho and American Federation of Government Employees, Local 1273, AFL-CIO
Boise VA bargaining ground rules (FLRA 9-CA-90575): Official time talks ordered
The Boise VA medical center refused to bargain over a union ground rule proposal about how many negotiators would receive official time during midterm negotiations. An administrative law judge recommended dismissing the unfair labor practice complaint. The Authority disagreed and found that the…
General Services Administration, Region IX, San Francisco, California and American Federation of Government Employees, AFL-CIO
GSA two day suspension complaint (FLRA 9-CA-00160): Dismissal upheld
An unfair labor practice complaint alleged that GSA Region IX suspended an employee for two days because he filed grievances and used official time. An administrative law judge found that the allegation was not proven and recommended dismissal. The charging party excepted, but the Authority adopted…
U.S. Department of the Air Force, 842nd Combat Support Group, Grand Forks Air Force Base, North Dakota and American Federation of Government Employees
Grand Forks employee election (FLRA 7-RO-00006): Review request denied
A regional director directed an election for a unit of nonappropriated fund employees in recreation and billeting work at Grand Forks Air Force Base. The activity sought Authority review of the proposed unit and cited changes in its nonappropriated fund program. The Authority found no basis to…
U.S. Department of Labor, Office of Administrative Law Judges, Pittsburgh, Pennsylvania and American Federation of Government Employees, National Council of Field Labor Locals, Local 644, AFL-CIO
Pittsburgh legal technician unit (FLRA 2-CU-00009): Employee included
A regional director included a lead legal technician in a Department of Labor bargaining unit. The agency argued that her work for a district chief judge made her a confidential employee who should be excluded. The Authority found that the chief judge was not significantly involved in formulating…
National Treasury Employees Union, Chapter 207 and Federal Deposit Insurance Corporation, Washington, D.C.
FDIC salary proposal (FLRA 0-NG-446): Earlier bargaining order vacated
The Authority had ordered FDIC to bargain over a union salary adjustment proposal tied to recommendations of the Pay Advisory Council. Congress later abolished the entity involved in that pay setting process, making the proposal moot. A federal appeals court instructed the Authority to vacate its…
National Federation of Federal Employees, Local 341 and U.S. Department of the Interior, Bureau of Indian Affairs, Wapato Irrigation Project, Wapato, Washington
Wapato negotiability reconsideration (FLRA 0-NG-1861): Motion denied
The Authority had ruled that a union proposal was negotiable. The Bureau of Indian Affairs sought reconsideration, saying the union had not properly served the agency head with the review petition. The Authority found that the agency’s bargaining representative received the petition and that the…
U.S. Department of the Treasury, United States Mint, Philadelphia, Pennsylvania and American Federation of Government Employees, Local 1023
Philadelphia Mint sick leave (FLRA 0-AR-2070): Four AWOL days upheld
A Mint employee missed five days of work due to illness, but his request for sick leave did not follow the call-in procedure the arbitrator found applicable. The Mint charged him with five days of absence without leave. The arbitrator reduced the charge to four days, and the union challenged that…
U.S. Department of the Air Force, Randolph Air Force Base, Texas and American Federation of Government Employees, Local 1840
Randolph trailer repair suspension (FLRA 0-AR-2069): Fourteen day award upheld
Randolph Air Force Base suspended a sheet metal mechanic for 14 days after finding that he used government welding equipment while repairing his private boat trailer. An arbitrator denied the grievance. The union challenged the weight of the evidence and invoked a harmful error standard. The…
American Federation of Government Employees and U.S. Department of the Air Force, Air Force Logistics Command
Air Force sick leave counseling (FLRA 0-AR-2061): Award upheld
An Air Force Logistics Command employee received a counseling letter about his pattern of sick leave use. An arbitrator denied the resulting grievance, treating the letter as nondisciplinary counseling under the labor agreement. The union filed an exception to the award. The Authority found no…
U.S. Department of the Army, Army Transportation Center, Fort Eustis, Virginia and National Association of Government Employees, Local R4-6
Fort Eustis attorney fees (FLRA 0-AR-2056): Reconsideration denied
The union asked the Authority to reconsider an earlier decision denying its challenge to an arbitrator’s refusal to issue a new attorney fee award. The original fee award had been struck because it did not meet Back Pay Act requirements. The union argued that the prior decisions were unfair and…
U.S. Department of the Air Force, McClellan Air Force Base, California and International Federation of Professional and Technical Engineers, Local 220
McClellan temporary promotion grievance (FLRA 0-AR-2037): Arbitrability ruling upheld
A McClellan Air Force Base instrument mechanic sought a higher classification and a retroactive temporary promotion. An arbitrator found the grievance was outside the agreement’s arbitration coverage because the mechanic had not shown an assigned higher graded position or duties under the contract…
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.