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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Social Security Administration, Southeastern Program Service Center and AFGE Local 2206
SSA Southeastern Program Service Center (FLRA 0-AR-1794): Job task rating upheld
A Social Security employee sought to raise his rating for researching questions and problems from level 2 to level 3. An arbitrator found no violation of law or the parties' agreement and denied the grievance. The union challenged the arbitrator's handling of evidence, a brief submitted by the…
IFPTE Local 28 and NASA Lewis Research Center
NASA Lewis Research Center (FLRA 0-NG-1776): Travel card proposals split
IFPTE Local 28 proposed alternatives to travel charge cards and faster reimbursement for employees at NASA's Lewis Research Center. The Authority found three proposals nonnegotiable because they conflicted with governmentwide travel rules or would require payment without a certified voucher. A…
AFGE Department of Education Council and U.S. Department of Education
Department of Education (FLRA 0-NG-1595): Drug testing proposals split
The AFGE Department of Education Council sought bargaining over safeguards in the Department's employee drug testing program. The Authority found provisions on compliance with law, privacy during urine collection, sample handling, confirmation before discipline, access to records, and counseling or…
Association of Civilian Technicians and Rhode Island National Guard
Rhode Island National Guard (FLRA O-NG-1813): Uniform supply negotiable, awards and wear rules rejected
The Association of Civilian Technicians proposed fixed cash awards tied to performance ratings and several rules about uniforms for Rhode Island National Guard civilian technicians. The Authority found the award proposal nonnegotiable because it would require specific payments regardless of the…
National Park Service, National Capital Region, United States Park Police and Police Association of the District of Columbia
United States Park Police (FLRA 3-CA-60168): Union entitled to grievance records
The Police Association of the District of Columbia requested supervisors' recommendations and opinions about disciplinary actions and sick leave requests while handling four United States Park Police employee grievances. The Park Service withheld those parts of the records, and an administrative…
AFGE Local 48 and U.S. Department of the Navy, Strategic Weapons Facility, Pacific
Navy Strategic Weapons Facility (FLRA 0-NG-1730): Union veto of last chance agreements rejected
AFGE Local 48 proposed requiring its prior agreement before the Navy's Strategic Weapons Facility could offer or use a Positive Action Contract, also called a last chance agreement. The Authority said agreements of this kind concern conditions of employment and can be subjects of bargaining when…
AFGE Local 1698 and U.S. Department of the Navy, Naval Aviation Supply Office
Naval Aviation Supply Office (FLRA 0-NG-1583): Six day pay lag negotiable
AFGE Local 1698 proposed keeping the Navy's six day interval between the end of a pay period and delivery of paychecks, instead of extending it to twelve days. The Authority held that the timing of paychecks is a condition of employment. The Navy had not shown that the proposal conflicted with the…
Department of the Air Force, Sacramento Air Logistics Center and AFGE Local 1857
Sacramento Air Logistics Center (FLRA 9-CA-80341): Discipline coordination sheet ordered disclosed
AFGE Local 1857 requested a coordination sheet identifying the managers who reviewed a proposed employee reprimand as the union prepared a grievance for arbitration. The Sacramento Air Logistics Center refused, calling it an internal management document. The Authority found the sheet necessary for…
U.S. Department of Energy, Western Area Power Administration and IBEW Government Coordinating Council No. 1
Western Area Power Administration (FLRA 7-RO-00001): Supervisors' unit petition dismissed
IBEW sought an election to represent supervisory craftsmen at the Western Area Power Administration in a separate unit. Federal law permits initial recognition of a supervisors' unit only if the union met specified historical representation requirements and represented a supervisor-only federal…
Federal Deposit Insurance Corporation and National Treasury Employees Union
FDIC and NTEU (FLRA 3-RO-80012-002): Election objections rejected
NTEU won representation elections among two groups of FDIC employees. FDIC objected that NTEU had promised to challenge temporary employees' status in court if it won and had provided free legal help to five employees before the vote. The regional director rejected both objections. The Authority…
U.S. Department of Justice, Immigration and Naturalization Service and AFGE National Border Patrol Council
Justice Department and INS (FLRA 3-CA-90347): Reconsideration request denied
The Justice Department and INS asked the Authority to reconsider an earlier decision that dismissed an unfair labor practice complaint involving an interest arbitration award and agency head review of negotiated provisions. Although that dismissal favored the agencies, they sought reinstatement of…
U.S. Customs Service, Northeast Region and NTEU Chapter 133
Customs Service Northeast Region (FLRA 1-CA-80126): Bargaining over office move ordered
The Customs Service moved its Northeast Region office in Boston while bargaining with NTEU Chapter 133 about the move's effects on employees. The parties agreed that an exigency justified moving before negotiations ended, but Customs cancelled a later bargaining session and did not resume talks…
NAGE Local R1-109 and U.S. Department of Veterans Affairs Medical Center, Newington
Newington VA Medical Center (FLRA 0-NG-1721): Conditional overtime backpay proposal negotiable
NAGE Local R1-109 proposed overtime assignment rules for nursing service employees at the Newington VA Medical Center and backpay for employees deprived of overtime by a disputed change in practice. The Authority dismissed review of the first four proposals because the VA did not dispute that they…
Federal Deposit Insurance Corporation, Chicago Region and NTEU
FDIC Chicago Region (FLRA 0-AR-1773): Interest arbitration exceptions dismissed
The Federal Service Impasses Panel directed FDIC and NTEU to interest arbitration during negotiations for a labor agreement. The arbitrator imposed a provision reimbursing employees for certain travel expenses, and FDIC filed exceptions alleging that the provision was unlawful and exceeded the…
U.S. Department of Veterans Affairs, Regional Office and Outpatient Clinic, Anchorage and AFGE Local 3028
Anchorage VA Regional Office (FLRA 9-CA-00178, 9-CA-00494): Formal discussion settlement approved
The Anchorage VA Regional Office and Outpatient Clinic and AFGE Local 3028 entered a formal settlement of two unfair labor practice cases. The Authority approved the stipulation and issued a consent order. Under that order, the VA must give the union adequate notice and an opportunity to attend…
U.S. Department of Labor and AFGE National Council of Field Labor Locals, Local 1748
Department of Labor Kansas City office (FLRA 7-CA-90315): Bottled water restored pending bargaining
The Department of Labor supplied bottled water to employees in its Kansas City office building after problems with the tap water, then removed the water coolers about sixteen months later. The Authority found that this consistent practice had become a condition of employment, even though tap water…
Planners-Estimators, Progressmen and Schedulers Association Local 5 and Mare Island Naval Shipyard
Mare Island Naval Shipyard (FLRA O-AR-1918): Performance standards grievance excluded
A union at Mare Island Naval Shipyard challenged performance elements and standards used to evaluate planners and estimators. The arbitrator found the grievance timely but held that the labor agreement excluded challenges to the content of published Navy policy, so he did not reach the merits. The…
U.S. Department of the Air Force, Air Force Logistics Command and AFGE Council 214
Air Force Logistics Command (FLRA 5-CA-80255): Leave regulation changes rescinded
Air Force Logistics Command issued revisions to its absence and leave regulation that changed bargaining unit employees' working conditions. Its labor relations officer told AFGE Council 214 that the release was not bargaining notice and that no bargaining duty existed. The Authority upheld the…
U.S. Customs Service and National Treasury Employees Union
Customs Service (FLRA 3-CA-90302): Bargaining required over audit directive
The Customs Service issued a directive requiring employees to decline contact with GAO or other government auditors unless an audit had been approved internally, and to report unapproved contacts. It gave NTEU no advance notice or chance to bargain. The Authority found that the new duties and…
U.S. Department of the Army, Headquarters Sixth U.S. Army, Presidio of San Francisco and AFGE Local 1457
Presidio of San Francisco (FLRA 9-AC-00002): Bargaining unit certification amendments upheld
AFGE Local 1457 asked to amend four Presidio of San Francisco bargaining unit certifications after an Army reorganization. It wanted Headquarters Sixth Army listed as the employing activity. The regional director instead found the Army Garrison succeeded the former Presidio headquarters as employer…
Indian Health Service, Indian Hospital, Rapid City and NFFE Local 179
Rapid City Indian Hospital (FLRA 7-CA-70812(2)): Smoking policy order left in place
The Indian Health Service hospital in Rapid City asked the Authority to reconsider and stay an earlier order concerning its smoking policy. That order found that the hospital had violated the labor statute by refusing to consider union proposals on negotiable aspects of the changes, even though the…
U.S. Customs Service, Miami District and National Treasury Employees Union
Customs Service Miami District (FLRA 4-CA-70766): Inspector rotation changes require bargaining
The Customs Service changed the rotation schedule for Miami inspectors after refusing to bargain over NTEU's proposal to limit the time spent on airport baggage duty. An administrative law judge found the proposal nonnegotiable because longer assignments could help inspectors learn their duties…
U.S. Customs Service, Northeast Region and NTEU Chapter 133
Customs Service Northeast Region (FLRA 1-CA-50395): Inspector scheduling violations upheld
NTEU Chapter 133 challenged three changes involving Customs inspectors in the Boston region: revisions to their rotation schedule, cross-assignments between airport and seaport relief slots, and creation and later termination of a designated intelligence officer assignment. The Authority found that…
NFFE Local 414 and U.S. Department of Health and Human Services, Indian Health Service, Oklahoma City
Oklahoma City Indian Health Service (FLRA 0-NG-1767): Indoor smoking areas negotiable
NFFE Local 414 proposed two to four designated indoor smoking areas per Indian Health Service facility in Oklahoma City. The agency argued that an HHS smoking ban barred bargaining because the ban was essential to its mission and protected its choice of methods for doing its work. The Authority had…
Department of the Air Force, Sacramento Air Logistics Command, McClellan Air Force Base and American Federation of Government Employees, Local 1857
McClellan Air Force Base (FLRA 9-CA-90071): Union entitled to attend arbitration preparation interviews
McClellan Air Force Base interviewed a bargaining unit employee while preparing for an arbitration hearing without notifying her union. The Authority agreed with the administrative law judge that the interviews were formal discussions requiring prior union notice and an opportunity for…
U.S. Department of the Navy, Portsmouth Naval Shipyard and AFGE Local 2024
Portsmouth Naval Shipyard (FLRA 1-CU-00003): Police sergeants excluded from bargaining unit
AFGE Local 2024 sought to include twelve Portsmouth Naval Shipyard police sergeants in its bargaining unit. The regional director found the sergeants exercised independent judgment in appraising patrol officers, recommending awards and discipline, and handling other supervisory tasks. The Authority…
Department of Defense Dependents Schools, Mediterranean Region and Overseas Federation of Teachers
DOD Dependents Schools Mediterranean Region (FLRA 1-CA-80240): Teacher pay bargaining ordered
The Overseas Federation of Teachers proposed extra compensation for teachers required to work beyond duty hours and a choice to receive salary and benefits over twelve months. The Defense Dependents Schools declared the proposals nonnegotiable during the term of the parties' agreement. The…
American Federation of Government Employees, Local 1409 and U.S. Department of the Army, Aberdeen Proving Ground Support Activity
AFGE Local 1409 and Aberdeen Proving Ground (FLRA 0-NG-1843): Award proposal negotiable except Commander discretion clause
The union proposed performance award nominations for Aberdeen Proving Ground employees rated above Fully Successful, with award ranges and an exception for budget limits. The Army argued that the proposal would force awards, improperly affect performance ratings, and assign work to the Commander…
Action Group, Inc.
Default set aside for inquiry into claimed settlement
Action Group contested failure-to-abate penalties totaling $4,200 but did not file an answer to the Secretary's complaint. Its new plant manager timely responded to the ALJ's show-cause order by stating that he believed OSHA and the company had resolved the matter for $500, but the ALJ did not…
St. Joe Resources Company
Medical-removal back pay remanded for calculation
St. Joe transferred employees with elevated blood lead levels to jobs with less lead exposure. OSHA cited the company under the lead standard's medical removal protection provision, which required the transferred employees to retain their earnings, rights, and benefits. The Fifth Circuit held that…
Amax Lead Company of Missouri
Medical-removal back pay remanded for calculation
Amax transferred employees with elevated blood lead levels to jobs with less lead exposure. OSHA cited the company under the lead standard's medical removal protection provision, which required the transferred employees to retain their earnings, rights, and benefits. The Fifth Circuit held that the…
U.S. Department of Justice, Immigration and Naturalization Service, United States Border Patrol, San Diego Sector and American Federation of Government Employees, Local 1613
San Diego Border Patrol (FLRA 8-CA-70694): Ban on small union lapel pin found unlawful
San Diego Border Patrol officials directed a union steward to remove a small AFGE lapel pin from his uniform. The Authority held that employees' right to assist a union includes wearing its insignia unless special circumstances justify a restriction. It found no evidence that this unobtrusive pin…
U.S. Department of the Army, Lexington-Blue Grass Army Depot and Ronald D. Lewis
Lexington-Blue Grass Army Depot (FLRA 4-CA-80011): Reorganization rescinded for failure to bargain
The Lexington-Blue Grass Army Depot reorganized and carried out a reduction in force without giving AFGE Local 894 adequate notice or bargaining over implementation and protections for affected employees. The Authority adopted the judge's unfair labor practice finding. It found that the union had…
U.S. Marine Corps Logistics Base, Albany, Georgia; Marine Corps Base, Camp Lejeune, North Carolina; and American Federation of Government Employees, Locals 2317 and 2065
Marine Corps bases in Albany and Camp Lejeune (FLRA 4-CA-70121): Address requests waived in bargaining
AFGE locals at Marine Corps bases in Albany and Camp Lejeune requested unit employees' names and home addresses. The Marine Corps refused, and the locals alleged unfair labor practices. The Authority agreed with the judge that the union had clearly waived the address request for the life of its…
U.S. Department of the Army, New Cumberland Army Depot and American Federation of Government Employees, Local 2004
New Cumberland Army Depot (FLRA 2-CA-80373): Union steward silenced at formal meeting
At a New Cumberland Army Depot safety meeting, employees asked about a compressed work schedule that management and the union had recently agreed to. A union steward tried to comment, but a manager stopped him. The administrative law judge found no violation because the schedule discussion was…
American Federation of Government Employees, Local 1770 and U.S. Department of the Army, Headquarters XVIII Airborne Corps and Fort Bragg
AFGE Local 1770 and Fort Bragg (FLRA 0-NG-1760): Mandatory performance awards not negotiable
An agreement provision at Fort Bragg required performance awards for employees rated Exceptional or Highly Successful, with amounts set within budget limits. The union appealed the Army's rejection of the provision. The Authority found that even with the budget clause, the provision required awards…
National Association of Government Employees, Local R1-134 and U.S. Department of the Navy, Naval Underwater Systems Center, Newport
Naval Underwater Systems Center Newport (FLRA 0-NG-1738): Cafeteria bargaining required, recreation subsidies excluded
At the Naval Underwater Systems Center in Newport, a union proposed delaying cafeteria construction until bargaining finished and preserving food service quality and contractor contributions to employee recreation programs. The Authority found the cafeteria and food quality provisions directly…
National Treasury Employees Union and U.S. Department of the Treasury, Internal Revenue Service
NTEU and IRS (FLRA 0-NG-1713): Union office space approved, nonmember arbitration fees rejected
The IRS and NTEU negotiated provisions for union office space and equipment, including telephones and, at some locations, a computer. Treasury disapproved those provisions and a separate clause allowing the union to charge nonmembers certain arbitration costs. The Authority found the office…
U.S. Department of Health and Human Services, Social Security Administration, Mid-America Program Service Center and American Federation of Government Employees, Local 1336
SSA Mid-America Program Service Center (FLRA 0-AR-1931): Reappraisal upheld, automatic rating increase removed
An SSA employee grieved ratings for three job tasks after managers used production and accuracy measures that had not been promptly communicated to her. An arbitrator ordered a new appraisal and directed SSA to raise one rating if supporting data were missing. The Authority upheld the reappraisal…
U.S. Department of Veterans Affairs Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933
Allen Park VA Medical Center (FLRA 0-AR-1848): Backpay upheld, attorney fees removed
A GS-3 file clerk served as acting file unit supervisor at the Allen Park VA medical center for 49 days without receiving GS-6 pay. An arbitrator found that the VA breached the agreement's temporary promotion provision and awarded $595.84 in backpay, interest, and attorney fees. The Authority…
American Federation of Government Employees, Local 3258 and U.S. Department of Housing and Urban Development, Boston, Massachusetts
AFGE Local 3258 and HUD Boston (FLRA 0-AR-1840): Remedy for derogatory memorandum upheld
Two HUD loan management specialists received a manager's memorandum criticizing their work and asked to discuss it with him. He refused, and an arbitrator found that giving them the memorandum and declining to meet violated the parties' agreement. The award required HUD to destroy the memorandum…
U.S. Department of Defense, Army and Air Force Exchange Service and National Federation of Federal Employees, Local 977
Army and Air Force Exchange Service (FLRA 0-AR-1831): Early arbitration exceptions dismissed
An arbitrator directed the Army and Air Force Exchange Service and the union to meet about a financial remedy, while retaining authority to decide the remedy if they could not agree. The agency filed exceptions before that remedy was resolved. The Authority dismissed the exceptions as premature…
U.S. Department of the Navy, Naval Aviation Depot, Naval Air Station Alameda and International Association of Machinists and Aerospace Workers, Lodge 739
Naval Air Station Alameda (FLRA 9-CA-80302): Weekend union ban and retaliatory suspension unlawful
At Naval Air Station Alameda, management told an employee that union representation was unavailable on weekends and imposed a broad ban on weekend union activity. It later suspended him for two days after he sought union help and assisted an unfair labor practice charge. The Authority adopted the…
Boise Cascade Corporation
Settlement-participation issues accepted for interlocutory review
Boise Cascade and the United Paperworkers' union sought interlocutory review of ALJ orders governing employee participation in settlement discussions. The Commission granted review of six questions, including whether employee representatives had to attend all settlement discussions, what input they…
U.S. Department of the Air Force, Williams Air Force Base and American Federation of Government Employees, Local 1776
Williams Air Force Base (FLRA 8-CA-80124): Employee parking restored after refusal to bargain
Williams Air Force Base reserved or removed eight employee parking spaces near two buildings and adopted a local reserved parking rule without notifying AFGE Local 1776 or offering to bargain. The Authority adopted the administrative law judge's finding that these unilateral changes violated the…
P. R. Drydock & Marine Terminals, Inc.
Settlement cuts citation penalties to $2,400
OSHA issued P. R. Drydock three citations with proposed penalties totaling $4,800, and an ALJ later dismissed the company's notice of contest as untimely. While the case was under Commission review, the parties settled. The Secretary reduced the serious-citation penalties from $3,680 to $1,840 and…
National Labor Relations Board and National Labor Relations Board Union, Local 6
NLRB and NLRB Union Local 6 (FLRA 2-CA-50471): Part time request memorandum must be disclosed
An employee in the NLRB's Pittsburgh office sought a part time schedule, and his union requested the regional director's memorandum recommending denial so it could assess a grievance. The NLRB withheld the memorandum. On remand, the Authority found the entire document necessary for the union to…
National Federation of Federal Employees, Locals 642, 1911, 1966 and 2024 and U.S. Department of the Interior, Bureau of Land Management, Oregon State Office
BLM Oregon drug policy agreement (FLRA 0-NG-1808): Union petition dismissed as late
Four National Federation of Federal Employees locals negotiated an agreement with the Bureau of Land Management's Oregon office about its drug-free workplace policy. The agency head disapproved seven sections and personally served the locals in October 1989. The union argued that one local and its…
National Association of Government Employees, Local R1-144, Federal Union of Scientists and Engineers and U.S. Department of the Navy, Naval Underwater Systems Center
Navy performance appraisal proposals (FLRA 0-NG-1650): Some subjects require bargaining
Two unions challenged the Navy center's refusal to bargain over proposals concerning employee performance ratings, assistance for employees with low ratings, and performance awards. The Authority found several proposals negotiable, including treatment of close-out ratings, parts of an awards pool…
U.S. Department of Health and Human Services, Social Security Administration, Mid-America Program Service Center and American Federation of Government Employees, Local 1336
SSA Mid-America Program Service Center (FLRA 0-AR-1932): Reappraisal ordered without automatic rating increase
An SSA employee challenged ratings on three job tasks after his work was judged using production and accuracy measures that management had not communicated until months after he joined the unit. An arbitrator ordered a new appraisal and said one rating should rise if supporting data were missing…
U.S. Department of Justice, Bureau of Prisons, Federal Correctional Institution, El Reno and American Federation of Government Employees, Local 171
El Reno federal prison (FLRA 0-AR-1826): Reconsideration of asbestos pay remand denied
An arbitrator addressed environmental differential pay for employees exposed to asbestos at the El Reno federal prison. The Authority had sent the award back for clarification about exposure, protective measures, and the period of any pay entitlement. The Bureau of Prisons sought reconsideration…
Department of the Air Force, Scott Air Force Base and National Association of Government Employees, Local R7-23
Scott Air Force Base grievance records (FLRA 5-CA-80069): Supervisor discipline letter ordered disclosed
A Scott Air Force Base employee grieved a supervisor's alleged use of physical force and sought appropriate action. The base said it had taken action but refused to give the union the final decision letter concerning the supervisor. The Authority found that the union needed the letter to assess and…
U.S. Department of the Army, Tooele Army Depot and International Association of Machinists and Aerospace Workers, Tooele Federal Lodge 2261
Tooele Army Depot arbitration (FLRA 0-AR-2008): Employee's exceptions dismissed
An employee at Tooele Army Depot personally filed exceptions to an arbitration award. Authority rules allowed a party to the arbitration to file exceptions. The union's letter confirmed that it had represented the employee in the grievance and arbitration, but said only that it had no objection to…
U.S. Department of the Navy, Naval Supply Center, Norfolk and International Association of Machinists and Aerospace Workers, Lodge 97
Norfolk naval supply work assignment (FLRA 0-AR-1878): Higher grade pay award set aside
A warehouse worker at the Norfolk Naval Supply Center claimed pay for rigging duties that he said were outside his position description. An arbitrator granted compensation for identifiable higher grade work but found that the worker had not been detailed to a higher grade position under the…
U.S. General Services Administration, Kansas City and American Federation of Government Employees, Council 236
GSA Kansas City asbestos exposure (FLRA 0-AR-1856): Differential pay award upheld
An arbitrator awarded environmental differential pay to GSA maintenance employees in Kansas City who had been issued breathing devices for work around asbestos. GSA argued that its air measurements were below OSHA exposure levels and that its protective measures had practically eliminated the risk…
National Weather Service Employees Organization and U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service
National Weather Service shift schedules (FLRA 0-AR-1735): Arbitration ruling upheld
The National Weather Service and its employees' union disputed a contract provision that let rotating shift schedules become fixed shortly before the next workweek. An arbitrator found the scheduling approach inconsistent with the statutory and regulatory rule for advance scheduling and directed…
U.S. Small Business Administration and American Federation of Government Employees, Council 228 and Local 2532
SBA union settlement (FLRA 0-AR-1686): Arbitration award set aside for lack of authority
An SBA supervisor signed a broad settlement agreement with a union covering agency payments, official time, personnel actions, and arbitration of disputes under the agreement. An arbitrator enforced it, and SBA challenged the award. The Authority found no proof that the supervisor had actual…
U.S. Department of the Army, Aviation Applied Technology Directorate, Fort Eustis and National Association of Government Employees, Local R4-6
Fort Eustis overtime assignment (FLRA O-AR-1883): Backpay limited to one worker
An Army directorate at Fort Eustis assigned overtime without following the contract's rotation and qualification rules. An arbitrator awarded six hours of overtime backpay to each of three employees who had grieved the assignment. The Army did not contest the contract violation, but challenged…
National Association of Government Employees, Locals R12-122 and R12-222 and U.S. Department of Defense, Washington National Guard
Washington National Guard technician proposals (FLRA 0-NG-1778): Uniform storage negotiable
Two unions sought bargaining with the Washington National Guard over technician cleanup time, a duty-time fitness program, military uniforms, and continuation of a labor agreement. The Authority held that the disputed cleanup and fitness provisions excessively interfered with management's right to…
U.S. Department of Veterans Affairs, Chicago Regional Office and American Federation of Government Employees, National Veterans Administration Council, Local 1765
Chicago VA promotion list (FLRA 0-AR-1946): Candidate limit upheld
At the VA's Chicago regional office, an evaluation panel placed 43 of 45 applicants for four clerk jobs on a best qualified list. Management reduced the list to 15, and the union argued that the contract reserved this decision for the panel. An arbitrator denied the grievance, finding that the…
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.