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 Treasury Employees Union and Nuclear Regulatory Commission

Nuclear Regulatory Commission (FLRA 0-NG-1250): Pay proposal appeal dismissed as moot

The National Treasury Employees Union proposed salary adjustments for Nuclear Regulatory Commission employees tied to recommendations from the Advisory Committee on Federal Pay. The Authority had ordered the agency to bargain over the proposal, but the Fourth Circuit vacated that decision and…

January 30, 1991 ·FLRA
Procedural
COMM

Overseas Education Association and Department of Defense Dependents Schools

Defense Dependents Schools (FLRA 0-NG-1115): Teacher workload proposals split on remand

The Overseas Education Association challenged new work requirements for teachers in Defense Dependents Schools. A court returned the cases because the Authority had failed to examine how the changes affected teachers before rejecting the union's proposed protections. On remand, the Authority found…

January 30, 1991 ·FLRA
Mixed result
COMM

Bureau of Indian Affairs, Billings Area Office and NFFE Local 478

Bureau of Indian Affairs and NFFE Local 478 (FLRA 0-AR-2001): Late exceptions remain dismissed

The Bureau of Indian Affairs filed exceptions to an arbitration award after the statutory deadline. It said an Authority employee had given it an incorrect filing date, but the Authority dismissed the exceptions as untimely because it could not extend or waive the deadline. The agency then sought…

January 30, 1991 ·FLRA
Procedural
COMM

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

Defense Dependents Schools (FLRA 0-AR-1985): Teacher removal exception dismissed

Defense Dependents Schools discharged a teacher for unauthorized absence and leave procedure violations. An arbitrator found the discharge unjustified and ordered reinstatement with back pay, subject to a five-day suspension. The agency asked the Authority to set aside the award, arguing that the…

January 30, 1991 ·FLRA
Procedural
COMM

National Gallery of Art and American Federation of Government Employees, Local 1831

National Gallery of Art (FLRA 0-AR-1804): Suspension canceled, fee award removed

The National Gallery of Art suspended a guard who was also the local union president and charged him with eight hours of absence without leave. An arbitrator canceled the suspension and absence charges, ordered back pay and a written reprimand, and awarded the union $650 for a representative's…

January 30, 1991 ·FLRA
Modified
COMM

Matter of Peugnet

Service through counsel allowed deportation proceedings to resume

The Board reviewed an appeal from an in absentia deportation order against a respondent who had failed to appear after a new Order to Show Cause was sent by regular mail. It held that regular mailing was routine service and, after the respondent failed to appear or acknowledge receipt, the charging…

January 29, 1991 ·BIA
Remanded
COMM

Department of Health and Human Services, Health Care Financing Administration and AFGE Local 1923

Health Care Financing Administration (FLRA 3-CA-80303): Smoking ban violated labor agreement

The Health Care Financing Administration and AFGE Local 1923 had agreed to a smoking policy that retained designated smoking areas while they worked toward a smoke-free workplace. After bargaining reached an impasse and the union sought help from the Federal Service Impasses Panel, the agency…

January 28, 1991 ·FLRA
Upheld
COMM

Social Security Administration, Boston Region and AFGE Local 1164

Social Security Administration, Boston (FLRA 1-CA-90390): Employee contact information ordered

AFGE Local 1164 asked the Social Security Administration's Boston Region for the names and home addresses of employees it represented. The agency refused, and an administrative law judge found that refusal to be an unfair labor practice. The Authority adopted the judge's findings and order over the…

January 28, 1991 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 243 and U.S. Patent and Trademark Office

Patent and Trademark Office (FLRA 2-CU-90012): Boyers employees join bargaining unit

The National Treasury Employees Union sought to include 22 employees at the Patent and Trademark Office's Boyers, Pennsylvania records facility in its nationwide bargaining unit. A regional director added them, and the agency sought review, pointing to different working conditions, benefits, and…

January 25, 1991 ·FLRA
Upheld
COMM

National Treasury Employees Union and U.S. Department of the Treasury, Office of Chief Counsel, Internal Revenue Service

IRS Office of Chief Counsel (FLRA 0-NG-1582): Contract provisions split on negotiability; later partly vacated

The Treasury Department disapproved parts of a negotiated agreement between the IRS Office of Chief Counsel and the National Treasury Employees Union. The Authority reviewed twenty provisions concerning schedules, leave, safety, discipline, promotions, union representation, and other working…

January 25, 1991 ·FLRA
Mixed result
COMM

U.S. Department of Veterans Affairs Medical Center, Jackson and NFFE Local 589

Jackson VA Medical Center (FLRA 0-AR-2048): Arbitration exceptions filed too late

The Jackson VA Medical Center sent exceptions to an arbitrator's award to an FLRA regional office instead of the Authority's Docket Room. The regional office received and forwarded them before the filing deadline, but the Docket Room did not receive them until two days after the deadline. The…

January 25, 1991 ·FLRA
Procedural
COMM

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

Defense Dependents Schools, Germany (FLRA 0-AR-1950): Interest rate corrected on allowance repayment

Defense Dependents Schools deducted money from a teacher's pay to recover a living quarters allowance it claimed she had received in error. An arbitrator found that the agency had failed to follow Debt Collection Act procedures and ordered repayment with interest. The Authority rejected the…

January 25, 1991 ·FLRA
Modified
COMM

U.S. Department of the Air Force, Hill Air Force Base and AFGE Local 1592

Hill Air Force Base (FLRA 0-AR-1819): Suspension grievance returns for a fair hearing

Hill Air Force Base suspended an employee for one day for allegedly failing to complete work on time. An arbitrator denied the grievance but expressly refused to consider the union's arguments about the employee's performance standards and the legal basis for the suspension, citing the expedited…

January 25, 1991 ·FLRA
Remanded
COMM

Social Security Administration, Kansas City District and AFGE Local 1336

Social Security Administration, Kansas City (FLRA 0-AR-1754): Sick leave relief made conditional

The Social Security Administration charged an employee with absence without leave for a day when she was ill and saw a doctor. In an earlier ruling, the Authority ordered part of that absence charge replaced with sick leave for the time of medical examination or treatment. On reconsideration, it…

January 25, 1991 ·FLRA
Modified
COMM

Federal Employees Metal Trades Council and Portsmouth Naval Shipyard

Portsmouth Naval Shipyard (FLRA 0-AR-1775): Promised overtime back pay upheld

Portsmouth Naval Shipyard promised employees eight hours of overtime each week if they volunteered for a temporary assignment at Mare Island Naval Shipyard. Three employees accepted, but overtime stopped after two weeks. An arbitrator awarded back pay for the overtime they would have worked during…

January 24, 1991 ·FLRA
Upheld
COMM

Federal Aviation Administration, New England Region and National Association of Air Traffic Specialists

FAA New England Region (FLRA 1-CA-70368): Union entitled to discipline records

The FAA's New England Region disciplined bargaining unit employees and supervisors over alleged travel voucher falsification. The union requested records about the supervisors' discipline to prepare grievances for arbitration and assess whether employees had been treated differently. The FAA…

January 18, 1991 ·FLRA
Upheld
COMM

International Federation of Professional and Technical Engineers, Local 1 and Norfolk Naval Shipyard

Norfolk Naval Shipyard (FLRA 0-NG-1715): Appraisal form proposal negotiable

The engineers' union challenged the Navy's refusal to bargain over three proposals about performance appraisals and awards at Norfolk Naval Shipyard. The Authority found that a proposed cap and floor for the awards pool interfered with management's budget authority. It also found a rule requiring…

January 18, 1991 ·FLRA
Mixed result
COMM

National Treasury Employees Union and Internal Revenue Service, Chicago

IRS Chicago (FLRA 0-NG-1709): Special pay proposals split by reassignment and detail

The National Treasury Employees Union proposed three rules about special salary rates for IRS employees in Chicago. One would give incentive awards tied to special rates to employees at duty posts outside the covered area. The Authority found that proposal inconsistent with government-wide rules…

January 18, 1991 ·FLRA
Mixed result
COMM

Delford Industries, Inc.

One docket severed and made final while review continues

The Commission had jurisdiction over both consolidated Delford Industries dockets after review was directed. It determined that no compelling public interest warranted further review of the issues in docket 89-1753. The Commission severed that docket and made the ALJ's decision for it a final…

January 17, 1991 ·OSHRC
Procedural
COMM

Griffiss Air Force Base and AFGE Local 2612

Griffiss Air Force Base (FLRA 1-CA-80219): Threatened interviews coerced union officials

Griffiss Air Force Base sought to interview two union officials before a hearing about relocation of the union's office. After the officials declined, management ordered one to attend under threat of discipline and pressured the other to come. Neither official answered questions. An administrative…

January 17, 1991 ·FLRA
Set aside
COMM

U.S. Army White Sands Missile Range and NFFE Local 2049

White Sands Missile Range (FLRA 0-AR-1949): Untimely suspension set aside

White Sands Missile Range imposed a two-day suspension over alleged workplace misconduct. An arbitrator found that the Army waited an unreasonable time after learning of the incidents before proposing discipline, contrary to the labor agreement. He ordered the suspension removed from the employee's…

January 17, 1991 ·FLRA
Upheld
COMM

U.S. Department of Housing and Urban Development, Boston and AFGE Local 3258

HUD Boston (FLRA 0-AR-1897): Loan servicer rotation upheld

HUD's Boston office placed four loan servicers on a rotation schedule, overriding their chosen flextime hours so an experienced employee would be present throughout business hours. The union challenged the change, arguing that the agency had not shown the need required by the labor agreement and…

January 17, 1991 ·FLRA
Upheld
COMM

AFGE Local 1501 and U.S. Air Force, Military Airlift Command, McChord Air Force Base

McChord Air Force Base (FLRA O-NG-1805): Child care provisions approved

McChord Air Force Base and AFGE Local 1501 agreed on three contract provisions concerning civilian employees' access to the base child development center. Headquarters disapproved them, arguing that military priority rules barred the proposed enrollment share and alternating waiting lists. The…

January 16, 1991 ·FLRA
Set aside
COMM

U.S. Army, XVIII Airborne Corps, Fort Bragg and AFGE Local 1770

XVIII Airborne Corps (FLRA 0-AR-1969): Late reconsideration request dismissed

AFGE Local 1770 sought reconsideration of an Authority order that had dismissed its exceptions to an arbitrator's attorney-fee ruling as untimely. The union argued that it had mailed the exceptions on time and that the earlier order used incorrect filing presumptions. The Authority found the…

January 16, 1991 ·FLRA
Procedural
COMM

Penrod's Palace

Default dismissal and $3,200 penalty affirmed

Penrod's Palace timely contested a willful citation but did not answer the Secretary's complaint or respond to the ALJ's show-cause order. The ALJ dismissed the notice of contest, affirmed the citation, and assessed a $3,200 penalty. Penrod's argued that its counsel believed the Secretary's counsel…

January 15, 1991 ·OSHRC
Citations affirmed
COMM

Air Force Space Systems Division and Air Force Contract Management Division, Los Angeles Air Force Base and AFGE Local 2429

Los Angeles Air Force Base (FLRA 8-CA-90241): Smoking policy change violated bargaining duty

Two Air Force divisions implemented a new smoking policy while they were still negotiating with AFGE Local 2429. An administrative law judge found that the change violated the agencies' duty to bargain. The Authority upheld that finding, rejecting the Air Force's claim that bargaining had already…

January 15, 1991 ·FLRA
Modified
COMM

AFGE Local 2429 and Air Force Space Systems Division, Los Angeles

Air Force Space Systems Division (FLRA 0-NG-1765): Spouse hiring proposal dismissed

AFGE Local 2429 proposed that Air Force Space Systems Division consider bargaining unit applicants for vacancies before rating and considering military spouse applicants. The union said the rule would preserve its negotiated promotion process while the agency implemented a military spouse…

January 15, 1991 ·FLRA
Upheld
COMM

U.S. Army Information Systems Command, Savanna Army Depot and NAGE Local R7-36

Savanna Army Depot (FLRA 0-AR-1968): Back pay exceptions became moot

Savanna Army Depot suspended an employee for fourteen days following a safety incident. An arbitrator found the penalty excessive and reduced it to a written reprimand, but his initial award did not expressly mention back pay. The union challenged that omission before the Authority. The arbitrator…

January 15, 1991 ·FLRA
Procedural
COMM

Naval Base North Island and International Association of Fire Fighters, Local F-33

Naval Base North Island (FLRA 0-AR-1917): Supervisor selection grievance remains dismissed

A Naval Base North Island firefighter challenged his nonselection for a supervisory fire protection inspector job. An arbitrator found the grievance not arbitrable because the union's agreement did not cover selection procedures for positions outside the bargaining unit. The union argued that…

January 15, 1991 ·FLRA
Upheld
COMM

Social Security Administration, Kansas City and AFGE Local 1336

Social Security Administration, Kansas City (FLRA 0-AR-1639): Promotion ruling stands

An arbitrator found that the Social Security Administration had failed to give an employee proper priority consideration for a promotion. The Authority had upheld the central finding and adjusted the remedy to promotion to the next available claims authorizer position, with back pay if appropriate…

January 15, 1991 ·FLRA
Procedural
COMM

Coleco Industries, Inc.

Willful elevator safety violation largely affirmed

A Coleco employee was crushed and killed when a freight elevator unexpectedly moved while he was loading it with a forklift. The Commission found a recognized hazard under the general duty clause because elevator door and gate interlocks had been intentionally bypassed, a gate was missing, and the…

January 14, 1991 ·OSHRC
Mixed result
COMM

Gulf and Western, Energy Products Group, Bonney Forge Division

Excessive noise exposure proved and remaining issues remanded

OSHA cited Bonney Forge after measuring excessive noise exposure for 13 employees in its machine shop, forge shop, and production grinding area. The ALJ vacated the citation because he considered OSHA's measurements unreliable and found that overexposure had not been proved. The Commission…

January 14, 1991 ·OSHRC
Remanded
COMM

International Association of Machinists and Aerospace Workers, Local Lodge 2297 and Naval Aviation Depot, Cherry Point

Cherry Point Naval Aviation Depot (FLRA 0-NG-1561): Promotion and parking proposals mostly negotiable

A machinists' union proposed that promotion vacancy announcements at Cherry Point cover several nearby Navy activities and that most parking remain open to employees. The Navy argued that the proposals reached workers outside the union's bargaining unit. The Authority found both subjects had a…

January 14, 1991 ·FLRA
Mixed result
COMM

Social Security Administration and AFGE Local 3448

Social Security Administration (FLRA 0-AR-1964): Performance rating goes back for reevaluation

A Social Security claims representative grieved an excellent rating on one job task, seeking an outstanding rating for that task and overall. An arbitrator found that management had failed to tell him his performance on the task had declined from the prior year, as the parties' agreement required…

January 14, 1991 ·FLRA
Upheld
COMM

Federal Bureau of Prisons, Terre Haute, Indiana and AFGE Local 720

Federal Bureau of Prisons, Terre Haute (FLRA 0-AR-1951): One-day suspension stands

A prison cook foreman put a dead mouse on bread on an inmate's food tray after the inmate made a joke about eating it, then removed the tray from the food area. The prison suspended him for one day, and an arbitrator found just cause for the discipline. The union argued that the award conflicted…

January 14, 1991 ·FLRA
Upheld
COMM

Department of Defense Dependents Schools, Germany Region and Overseas Education Association

Defense Dependents Schools, Germany Region (FLRA 0-AR-1943): Agency exception dismissed for lack of jurisdiction

A Defense Department overseas school removed a teacher after off-duty driving misconduct. An arbitrator found grounds for discipline but reduced the removal to an unpaid suspension for the rest of the teaching year under the parties' agreement. The agency challenged the arbitrator's power to decide…

January 14, 1991 ·FLRA
Procedural
COMM

VA Medical Center, St. Albans and AFGE Local 1988

St. Albans VA Medical Center (FLRA 0-AR-1898): Reconsideration of leave ruling denied

An arbitrator ordered the St. Albans VA Medical Center to cancel absence without leave charges against two employees and restore their pay and benefits. The Authority upheld that relief but removed the arbitrator's added order for letters of admonishment, finding discipline outside the issue…

January 14, 1991 ·FLRA
Procedural
COMM

Metal Goods Service Centers, Div. Of Alcan Aluminum Corp.

Settlement remanded for required employee notice

The ALJ approved a settlement before affected employees had received the required 10-day notice and opportunity to comment. The Commission held that the approval was premature and remanded the case to preserve employee rights under Commission precedent. The official release also includes the later…

January 11, 1991 ·OSHRC
Remanded
COMM

Thermal Reduction Corporation

Review vacated after failure to comply with Commission orders

Thermal Reduction Corporation repeatedly failed to file required corporate-ownership information and current contact information for its representative. It also failed to respond to the Commission's show-cause order. The Commission therefore vacated the direction for review and made the ALJ's…

January 11, 1991 ·OSHRC
Procedural
COMM

NFFE Local 2058 and Aberdeen Proving Ground Support Activity

Aberdeen Proving Ground guards (FLRA 0-NG-1703): Shift plan negotiable, post notice limited

A union for Aberdeen Proving Ground guards sought fixed shifts with rotating days off and advance notice of post and patrol assignments. The Authority found the shift proposal negotiable because the Army could still set shift times and staffing levels. It rejected a requirement to post specific…

January 11, 1991 ·FLRA
Mixed result
COMM

Federal Employees Metal Trades Council and Mare Island Naval Shipyard

Mare Island Naval Shipyard (FLRA 0-NG-1695): Discipline records provision negotiable in part

The shipyard disapproved four contract provisions covering supervision, temporary details, union access to discipline records, and arbitration of some temporary employees' terminations. The Authority found that the supervision and detail limits interfered with management rights and that the…

January 11, 1991 ·FLRA
Mixed result
COMM

Matter of Fuentes

Proceedings commenced when the charging order issued

The Board reviewed a visa petition that was denied because deportation proceedings had commenced against the beneficiary before his marriage to the petitioner. It held that, under 8 C.F.R. § 204.1(a)(2)(iii), proceedings commenced when the Order to Show Cause was issued, so it was unnecessary to…

January 10, 1991 ·BIA
Remanded
COMM

U.S. Department of Labor and AFGE National Council of Field Labor Locals

Department of Labor (FLRA 5-CA-80121): Refusal to bargain over paycheck messages violated labor law

The Department of Labor used employees' biweekly leave and earnings statements to carry informational messages. After the department changed the statement format, AFGE proposed choosing messages for half of the pay periods, and the department refused to bargain. The Authority found that…

January 10, 1991 ·FLRA
Upheld
COMM

U.S. Customs Service and National Treasury Employees Union

Customs Service and NTEU (FLRA 8-CA-80171): Coerced disclosure of representation talks violated labor law

A Customs inspector facing removal sought help from an NTEU representative. A Customs investigator later required the representative, under threat of discipline, to answer questions about what the inspector had told him while preparing a defense. The Authority held that those confidential…

January 8, 1991 ·FLRA
Upheld
COMM

U.S. Environmental Protection Agency and NFFE Local 2050

EPA and NFFE Local 2050 (FLRA 3-CA-80612): Stairwell doors changed without bargaining

EPA unlocked stairwell doors between floors used by its employees in a leased Washington building so they could move between floors without waiting for elevators. It gave NFFE Local 2050 no chance to bargain over the change. The Authority adopted an administrative law judge's finding that EPA had…

January 8, 1991 ·FLRA
Upheld
COMM

AFGE Local 48 and Naval Submarine Base Bangor

Naval Submarine Base Bangor (FLRA 0-NG-1857): Six-day pay lag proposal negotiable

Transferring a Navy payroll function to a regional center would have increased employees' wait for pay from six to eleven days after each pay period. AFGE Local 48 proposed keeping that delay at six days. The Navy argued that the shorter deadline would constrain payroll audits, staffing, and work…

January 8, 1991 ·FLRA
Set aside
COMM

National Treasury Employees Union and Internal Revenue Service

NTEU and IRS (FLRA 0-NG-1717): Federal reporting time negotiable, two employee protections rejected

NTEU proposed official time to prepare records and reports required by federal agencies, a rule for religious compensatory time, and additional steps before terminating probationary employees. The Authority found the reporting proposal negotiable because required federal disclosures were not solely…

January 8, 1991 ·FLRA
Mixed result
COMM

Army Finance and Accounting Center, Indianapolis and AFGE Local 1411

Army Finance and Accounting Center (FLRA 0-AR-1763): Suspension award set aside after earlier ULP charge

An Army finance center suspended a union officer for ten days over alleged abusive language to a supervisor. A union unfair labor practice charge challenged the proposed discipline before the employee grieved the final suspension. An arbitrator found no just cause and ordered backpay and attorney…

January 8, 1991 ·FLRA
Set aside
COMM

INS Border Patrol, El Paso and AFGE National Border Patrol Council

El Paso Border Patrol (FLRA 6-CA-70732, 6-CA-80175): Union pin ban and lowered rating violated labor law

An El Paso Border Patrol agent wore a small AFGE lapel pin on his uniform. Management told him to remove it and later lowered his annual appearance rating, citing the pin as one reason. The Authority found no special circumstance that justified barring this union insignia and held that the pin ban…

January 4, 1991 ·FLRA
Upheld
COMM

Animal and Plant Health Inspection Service and National Association of Agriculture Employees

APHIS plant inspection officer (FLRA 0-AR-1890): Backpay for revoked suspension must include interest

An APHIS plant inspection officer refused to take an insect specimen home overnight and deliver it to the Seattle office the next morning on unpaid personal time. APHIS suspended him for five days, but an arbitrator found that the agency's practice made such off-duty transport voluntary and revoked…

January 4, 1991 ·FLRA
Modified
COMM

Blue Grass Army Depot and IAM Local Lodge 859

Blue Grass Army Depot (FLRA O-AR-1939): Vehicle damage liability sent back to arbitrator

An Army depot employee backed a government van into a parked trailer, causing $1,385.84 in damage. The depot charged him for the damage, but an arbitrator found that he was not negligent under the parties' contract and removed the charge. The Army argued that its regulation supplied a different…

December 31, 1990 ·FLRA
Remanded
COMM

NAGE Local R7-72 and Rock Island Arsenal

Rock Island Arsenal (FLRA 0-NG-1676): Health premium contribution proposal negotiable

A union for nonappropriated fund employees at Rock Island Arsenal proposed that the Army pay 70 percent of their health insurance premiums instead of the 50 percent set by an Army regulation. The Army argued that benefit costs were outside bargaining and that uniform benefits were necessary for its…

December 31, 1990 ·FLRA
Set aside
COMM

AFGE Local 738 and Fort Leavenworth

Fort Leavenworth drug testing (FLRA 0-NG-1673): Three union proposals rejected

AFGE Local 738 proposed limits on repeat random drug tests, restrictions on adverse actions during rehabilitation, and a rule against requiring employees to sign a form saying they agreed to drug testing. The Authority found that limiting employees to normally two random tests a year would impair…

December 31, 1990 ·FLRA
Upheld
COMM

Social Security Administration and AFGE Local 1395

Social Security Administration (FLRA 0-AR-1832): One rating raised, another reevaluated

A Social Security benefit authorizer challenged her annual performance ratings, arguing that her appraisal overlooked special audit work performed during and after a detail. An arbitrator found that the agency violated the parties' agreement and ordered two job task ratings raised to level 3. The…

December 31, 1990 ·FLRA
Modified
COMM

AFGE Local 12 and U.S. Department of Labor

AFGE Local 12 and Labor Department (FLRA 0-AR-1689): Attorney fees denied after suspension reduced

A Labor Department union steward challenged a five-day suspension for tardiness and ten hours of absence without leave for preparing an appeal without advance approval for official time. An arbitrator reduced the suspension to a reprimand, awarded backpay with interest, upheld the absence charge…

December 31, 1990 ·FLRA
Upheld
COMM

NFFE Local 2099 and Naval Plant Representative Office, St. Louis

Navy plant office in St. Louis (FLRA 0-NG-1748): Six-day pay lag subject to bargaining

A Navy finance center planned to extend the time between a pay period's end and employees' payday from six to eleven days. NFFE Local 2099 proposed keeping payday on the first Friday after the period closed. The Navy argued that a shorter payroll deadline conflicted with its audits, staffing…

December 28, 1990 ·FLRA
Set aside
COMM

Social Security Administration, San Francisco Region and AFGE Council 147

SSA San Francisco Region (FLRA O-AR-1920): Promotion remedy leaves selectee in place

SSA narrowed a claims representative vacancy from a regional to a district applicant pool without the union consent required by its agreement. An arbitrator found a procedural violation but allowed the selectee to keep the job, awarded priority consideration to certain other applicants, and…

December 27, 1990 ·FLRA
Upheld
COMM

Matter of R-P-

Frivolous appeal cannot extend voluntary departure

The Board reviewed an appeal by a Nicaraguan respondent who had conceded deportability and received the six months of voluntary departure he requested. The Board held that an appeal from a decision granting the sole relief requested may be summarily dismissed when it does not adversely affect the…

December 21, 1990 ·BIA
Procedural
COMM

Griffiss Air Force Base and AFGE Local 2612

Griffiss Air Force Base (FLRA 1-CA-80341): Flexitime change required union bargaining

A branch at Griffiss Air Force Base moved its earliest flexitime start from 6:30 to 7:15 a.m. and its earliest end from 3:00 to 4:00 p.m. AFGE Local 2612 demanded bargaining, but the base said the existing flexitime policy gave management authority to make the change. The Authority found that the…

December 21, 1990 ·FLRA
Upheld
COMM

IAM Lodge 67 and Naval Ordnance Station, Indian Head

Naval Ordnance Station, Indian Head (FLRA 0-NG-1887): Union petition dismissed as late

IAM Lodge 67 sought review of the Navy's allegation that a proposal was nonnegotiable. The filing deadline was October 22, 1990. The union sent its petition to an FLRA regional office, which forwarded it to the Authority's Docket Room, where it arrived October 23. The Authority held that filing…

December 21, 1990 ·FLRA
Procedural

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.