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

American Federation of Government Employees, Council 214 and U.S. Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base

Air Force last chance agreements (FLRA 0-NG-1658): Several safeguards negotiable

AFGE Council 214 proposed rules for last chance agreements offered to Air Force Logistics Command employees facing discipline. The Authority found several procedural safeguards negotiable, including notice to the union and an opportunity for it to attend agreement meetings. It rejected terms that…

November 23, 1990 ·FLRA
Mixed result
COMM

Merit Systems Protection Board Professional Association and U.S. Merit Systems Protection Board

MSPB reduction in force proposal (FLRA 0-NG-1370): Petition dismissed after court remand

The MSPB employees' association proposed giving bargaining unit employees bumping and retreat rights during a reduction in force. The Authority had found the proposal negotiable, but a federal appeals court reversed that decision. On remand, the Authority adopted the court's ruling that granting…

November 23, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Air Force Logistics Command, Hill Air Force Base and American Federation of Government Employees, Local 1592

Hill Air Force Base emergency leave (FLRA 0-AR-1935): AWOL grievance denial upheld

An employee at Hill Air Force Base requested emergency annual leave to care for her ill daughter. Her supervisor said she was needed at work; when she did not report, the base charged her as absent without leave. An arbitrator denied the grievance after finding that management had a rational basis…

November 23, 1990 ·FLRA
Upheld
COMM

Antilles Consolidated Education Association and U.S. Department of Defense, Antilles Consolidated School System

Antilles gifted education program (FLRA 0-AR-1783): Teacher grievance denial upheld

The Antilles school system selected teachers for a gifted education program and paid part of the tuition for required training only for teachers assigned to that program. The union challenged the selections, training process, and limited reimbursement. An arbitrator denied the grievance, finding no…

November 23, 1990 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs, Medical Center, Marion and American Federation of Government Employees, Local 2483

Marion VA boiler plant detail (FLRA O-AR-1884): Premium pay award upheld

After suspected tampering with boilers at the Marion VA medical center, management moved a boiler plant operator to grounds work. An arbitrator found that the indefinite detail did not meet the contract's limits on temporary details and ordered it revoked, with lost premium pay restored. The VA…

November 21, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Army, White Sands Missile Range and National Federation of Federal Employees, Local 2049

White Sands security guard dispute (FLRA O-AR-1876): Attorney fee award removed

A White Sands security guard grieved a five-day suspension after an altercation with a supervisor. The arbitrator upheld the suspension but directed the Army to reimburse the guard's attorney fees from a separate criminal charge that the Army later dropped. The Army challenged only the fee award…

November 21, 1990 ·FLRA
Modified
COMM

Bratton Corporation

Untied steel erectors exposed to exterior fall hazard

Bratton employees welding bar joists on perimeter beams were exposed to exterior falls of about 28 to 33 feet. They wore safety belts but were not tied off, and Bratton left that decision to each employee. The Commission held that the steel erection temporary-flooring standard addressed interior…

November 21, 1990 ·OSHRC
Citations affirmed
COMM

National Treasury Employees Union and U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms

ATF payroll transition (FLRA 0-NG-1722): Union negotiability petition dismissed

ATF moved payroll processing to the Department of Agriculture, changing payday from Monday to Thursday. The union proposed compensation to bridge the resulting three-day gap and conditions for dues withholding. The Authority found one proposal moot because it called for payment on a date that had…

November 21, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees and U.S. Department of Defense, Army and Air Force Exchange Service, Dallas

Exchange Service health premiums (FLRA 0-NG-1623): Union proposals negotiable

The Army and Air Force Exchange Service proposed higher employee health insurance costs, and the union responded with terms under which the service would pay 70 percent of unit employees' group insurance premiums. The service argued that premium costs were outside bargaining and that the proposals…

November 21, 1990 ·FLRA
Set aside
COMM

U.S. Department of the Interior, Bureau of Indian Affairs, Billings Area Office and National Federation of Federal Employees, Local 478

BIA Billings arbitration (FLRA 0-AR-2001): Late agency exceptions dismissed

The Bureau of Indian Affairs' Billings office filed exceptions to an arbitration award after the filing deadline. It could not prove a later service date for the award and said an Authority staff member had given it incorrect deadline advice. The Authority acknowledged the mistake but held that its…

November 21, 1990 ·FLRA
Procedural
COMM

U.S. Department of the Air Force, Griffiss Air Force Base and American Federation of Government Employees, Local 2612

Griffiss Air Force Base hearing location (FLRA 0-AR-1952): Union exception denied

Griffiss Air Force Base grieved the union's refusal to use available on-base sites for an arbitration hearing. The arbitrator found that the refusal violated the parties' agreement and ordered the union to stop refusing those sites. The union challenged the award, arguing that the arbitrator should…

November 21, 1990 ·FLRA
Upheld
ALJ

Beech Fork Processing, Inc.

Settlement approved at $8,000

Beech Fork Processing faced penalties across three dockets involving 39 violations. The parties proposed reducing the total assessment from $10,123 to $8,000 because the operator was experiencing financial difficulties and might have been forced to stop operating if it had to pay the full amount…

November 20, 1990 ·James A. Broderick ·FMSHRC
Settled
COMM

American Federation of Government Employees, Local 2879 and U.S. Department of Health and Human Services, Social Security Administration, Chula Vista District

Chula Vista SSA desk reviews (FLRA 0-NG-1777): Recordkeeping term negotiable

SSA's Chula Vista district disapproved two parts of a local agreement governing desk reviews used to evaluate employee performance. The Authority held that requiring a week's advance notice would prevent unannounced desk reviews and interfere with management's rights to direct employees and assign…

November 20, 1990 ·FLRA
Mixed result
COMM

U.S. Department of Veterans Affairs, Medical Center, Leavenworth and American Federation of Government Employees, Local 85

Leavenworth VA asbestos pay (FLRA 0-AR-1811): Supplemental award upheld

An arbitrator had ordered environmental differential pay for eligible employees exposed to asbestos at the Leavenworth VA medical center and retained jurisdiction over implementation. In a supplemental award, he confirmed that covered bargaining unit employees at the Canteen and national cemeteries…

November 20, 1990 ·FLRA
Upheld
COMM

Compass Steel Erection, Inc.

Welding-cable citation settled as other-than-serious

OSHA cited Compass Steel after finding damaged arc-welding cable repaired with duct tape, an incomplete hazard communication program, and oxygen and acetylene cylinders placed together. An ALJ affirmed the welding-cable item as serious with a $360 penalty and found the four remaining items de…

November 19, 1990 ·OSHRC
Settled
COMM

U.S. Department of the Navy, Marine Corps Finance Center, Kansas City and American Federation of Government Employees, Local 2094

Marine Corps Finance Center grievances (FLRA 0-AR-1745): Both sides' exceptions denied

An arbitrator resolved two grievances at the Marine Corps Finance Center. He rejected the union's claims that management had denied access to employees or pressured one employee to resign. He also found that the labor agreement did not prevent local bargaining over official time to prepare for…

November 19, 1990 ·FLRA
Upheld
COMM

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

Newington VA Sunday staffing (FLRA 0-NG-1800): Scheduling proposals negotiable

A Newington VA medical center union proposed Sunday premium pay or a preference for assigning full-time staff to Sunday shifts. The dispute concerned a part-time nursing assistant, since the part-time licensed practical nurses already received Sunday premium pay under different rules. The Authority…

November 16, 1990 ·FLRA
Mixed result
COMM

U.S. Department of the Army, Army Transportation Center, Fort Eustis and National Association of Government Employees, Local R4-6

Fort Eustis suspension deadline (FLRA O-AR-1817): Attorney fees struck

An Army Transportation Center employee challenged a five-day suspension imposed after the contract's 15-working-day deadline for initiating discipline. An arbitrator ordered the suspension revoked, lost pay restored, and attorney fees paid. The Authority held that the contract's deadline was a…

November 15, 1990 ·FLRA
Modified
COMM

Moniaros Contracting Corporation

Settlement order set aside over employer objections

An ALJ approved a stipulated settlement that would have reduced eight proposed penalties from $5,560 to $3,000. Moniaros then sent the judge a letter objecting to certain terms of the order. The Commission treated the letter as a petition for discretionary review and found that the existing record…

November 15, 1990 ·OSHRC
Remanded
COMM

Central Brass Manufacturing Co.

EAJA award adjusted to $13,520

Central Brass sought attorney fees and expenses under the Equal Access to Justice Act after prevailing on several noise, lead, and silica citation items. An ALJ awarded $13,250, and the Secretary challenged the method used to allocate fees and expenses. The Commission held that it reviews its…

November 15, 1990 ·OSHRC
Modified
COMM

U.S. Department of Health and Human Services, Social Security Administration, Field Operations, Region II and American Federation of Government Employees

SSA Puerto Rico union office equipment (FLRA 2-CA-80212): Past practice ordered restored

SSA had provided a Puerto Rico union local's president with a self-correcting typewriter and partitions around his union workspace. When he moved from the Aguadilla office to Hato Rey, SSA declined to provide equivalent equipment. An administrative law judge recommended dismissing the complaint…

November 15, 1990 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 119 and U.S. Department of the Army, III Corps and Fort Hood

Fort Hood arbitration filing (FLRA 0-AR-1954): Reconsideration denied

The Authority had dismissed a Fort Hood union local's arbitration exceptions after the local failed to document timely service of the exceptions on the Army. The local sought reconsideration and submitted service notices. One notice identified a different case, and the other was late and did not…

November 15, 1990 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 3601 and U.S. Department of Health and Human Services, Public Health Service, Indian Hospital, Claremore

Claremore hospital office proposal (FLRA 0-NG-1799): Negotiability case reopened

The Authority had ruled that a union proposal for a private office at the Claremore Indian Hospital was negotiable after the agency filed no response. The agency sought reconsideration, saying the union had not served its corrected petition on the bargaining representative who would prepare a…

November 14, 1990 ·FLRA
Procedural
COMM

U.S. Department of the Treasury, Customs Service, New Orleans and National Treasury Employees Union, Chapter 168

New Orleans Customs holiday pay (FLRA 0-AR-1944): Night shift award upheld

New Orleans customs inspectors worked overnight shifts spanning Veterans Day in 1987. Customs changed its method of counting holiday work, reducing their extra pay for the hours worked on the holiday evening. An arbitrator found that the change violated the labor agreement and had been made without…

November 14, 1990 ·FLRA
Upheld
COMM

U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service and National Weather Service Employees Organization

Weather Service performance ratings (FLRA 9-CA-70061): Union data request granted

The National Weather Service employees' organization asked for names and duty stations of Western Region unit employees rated commendable or outstanding in 1985–86. It sought to monitor rating patterns and identify possible inconsistencies. The Weather Service refused, citing limited need and…

November 13, 1990 ·FLRA
Set aside
COMM

U.S. Department of the Air Force, Carswell Air Force Base and American Federation of Government Employees, Local 1364

Carswell commissary schedules (FLRA 6-CA-80583): Arbitration order enforced

An arbitrator ordered Carswell Air Force Base to convert qualifying commissary workers from intermittent to part-time status and restore benefits. The base converted four workers but refused to convert others whose weekly hours varied. The arbitrator's clarification covered employees regularly…

November 13, 1990 ·FLRA
Upheld
COMM

National Treasury Employees Union and U.S. Department of Energy, Washington, D.C.

Energy Department drug testing (FLRA 0-NG-1743): Two proposals rejected

The National Treasury Employees Union proposed two limits on the Department of Energy's workplace drug testing plan. One would restrict testing to marijuana and cocaine. The other set procedures for employees unable to provide enough urine for a test, including a return to work after five minutes…

November 13, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Council 147 and U.S. Department of Health and Human Services, Social Security Administration, Phoenix Teleservice Center

Phoenix SSA teleservice standards (FLRA 0-NG-1708): Downtime terms negotiable

The Phoenix SSA teleservice center introduced numeric performance indicators for employees who answer public calls. Its union negotiated terms to distribute nontelephone duties fairly, avoid statistical advantage or disadvantage from those assignments, and consider a lack of available work when…

November 13, 1990 ·FLRA
Set aside
COMM

Professional Airways Systems Specialists and U.S. Department of the Navy, Marine Corps Air Station, Cherry Point

Cherry Point travel calls and appraisals (FLRA 0-NG-1620): Phone provision approved

The Navy disapproved two terms in a Cherry Point air station labor agreement. One allowed employees on travel or temporary duty to use government telephones for personal business and seek reimbursement when those phones were unavailable. The Authority found that term negotiable under the applicable…

November 13, 1990 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland

SSA management analysts (FLRA 0-AR-1715): Backpay limited to qualified periods

Three Social Security Administration management analysts sought GS-11 pay for periods when they said they performed higher-grade work. The arbitrator denied two grievances but awarded the third employee backpay for a constructive assignment to GS-11 duties. The Authority held that the award…

November 13, 1990 ·FLRA
Modified
COMM

U.S. Department of the Air Force, MacDill Air Force Base, Florida and National Federation of Federal Employees, Local 153

MacDill firefighters (FLRA O-AR-1930): Painting assignment award upheld

MacDill Air Force Base assigned firefighters to paint the exterior of a fire station. Their union grieved under an agreement provision protecting employees from work outside their regular field, especially tasks that could cause injury through lack of knowledge. An arbitrator ordered the base to…

November 9, 1990 ·FLRA
Upheld
COMM

U.S. Department of Labor, Pension and Welfare Benefits Administration and National Union of Pension Investigators and Auditors; American Federation of Government Employees, National Council of Field Labor Locals

Labor pension investigators (FLRA 3-RO-80018): Union eligibility restored

Investigators and auditors in the Labor Department's Pension and Welfare Benefits Administration sought union representation. A regional director had barred AFGE from representing them because their work enforcing employee benefit law could involve unions. The Authority held that ERISA is not a law…

November 8, 1990 ·FLRA
Remanded
COMM

U.S. Department of the Air Force, Nellis Air Force Base, Nevada and American Federation of Government Employees, Local 1199

Nellis Air Force Base (FLRA 9-CA-80020): Threats over grievances barred

A Nellis Air Force Base manager told an employee that workers who went to civilian personnel or the union with grievances were marked and would be watched. An administrative law judge found that the remarks interfered with employees' protected rights. The base challenged the judge's assessment of…

November 7, 1990 ·FLRA
Upheld
COMM

The Specialist of the South, Inc.

$3,000 penalty affirmed for 39 serious items

The Specialists operated a small furniture repair, refinishing, and upholstery business using flammable and toxic materials. OSHA cited 39 serious violations, primarily involving fire and explosion hazards, and proposed $9,900 in penalties. An ALJ affirmed every serious item but assessed a combined…

November 7, 1990 ·OSHRC
Citations affirmed
COMM

Choice Electric Corporation

Pro se default remanded for factual inquiry

An ALJ entered default after Choice Electric failed to answer the Secretary's complaint, affirming two citations and assessing a $520 penalty. The company appeared without counsel and said it believed that returning a designation-of-representative form or requesting simplified proceedings had…

November 7, 1990 ·OSHRC
Remanded
COMM

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

IRS Detroit revenue officer (FLRA 5-CU-00007): Noncitizen included in unit

The IRS sought to exclude a Detroit revenue officer's position from an NTEU bargaining unit because the employee, Elizabeth M. Khamati, was a registered alien. A regional director found that she was covered by the federal labor statute. The Authority granted review because the issue lacked…

November 7, 1990 ·FLRA
Upheld
COMM

Philadelphia Metal Trades Council and U.S. Department of the Navy, Philadelphia Naval Shipyard

Philadelphia Naval Shipyard apprentices (FLRA 0-NG-1746): Rating proposal rejected

The Philadelphia Metal Trades Council challenged a revised performance rule for Navy shipyard apprentices. Its proposal would set the criteria for when monthly work evaluations produce a rating below fully successful. The Authority held that the proposal would limit management's ability to set…

November 7, 1990 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 2608

SSA priority consideration (FLRA 0-AR-1919): Written reasons upheld

Social Security Administration employees who received priority consideration for a vacancy were not selected. An arbitrator interpreted the union agreement's promise of bona fide consideration to require a written explanation of nonselection, which an employee could grieve. The agency said that…

November 7, 1990 ·FLRA
Upheld
COMM

U.S. Department of Justice, Federal Correctional Institution, El Reno, Oklahoma and American Federation of Government Employees, Local 171

El Reno prison promotions (FLRA 0-AR-1873): Grievance may proceed

An El Reno prison officer grieved promotion passovers, including a claim that management considered his sick leave. The parties asked the arbitrator to decide only whether the grievance could be heard; he found it arbitrable, with any backpay limited to a period beginning February 22, 1989. The…

November 7, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23

Scott Air Force Base (FLRA 0-AR-1695): Promotion grievance returned for clarification

An employee at Scott Air Force Base sought higher pay after temporarily performing duties associated with another position. The arbitrator dismissed her grievance as a position classification dispute, which the federal labor statute excludes from negotiated grievance procedures. The union argued…

November 7, 1990 ·FLRA
Remanded
COMM

Service Employees International Union, Federal Employees Metal Trades Council of Charleston, Local 696 and U.S. Department of the Navy, Naval Station Charleston

Charleston naval security guards (FLRA 0-NG-1806): Saluting proposal rejected

The Navy directed uniformed civilian security guards at its Charleston naval station to salute military officers and cars identified by officer decals. Their union proposed withdrawing the rule. The Authority held that the salute was a work duty related to how guards interacted with military…

November 2, 1990 ·FLRA
Upheld
COMM

Panama Canal Commission and International Organization of Masters, Mates and Pilots, Marine Division

Panama Canal pilots (FLRA 0-AR-1623): Leave award upheld

Several Panama Canal vessel pilots overslept, missed assigned ships, and were recorded as absent without leave. An arbitrator held that their agreement required leave or leave without pay when a pilot who had not worked 40 hours failed to begin an assignment on time. The Panama Canal Commission…

November 2, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington and International Federation of Professional and Technical Engineers, Local 12

Puget Sound Naval Shipyard (FLRA 9-CA-90215): Public records supplied to union

Puget Sound Naval Shipyard proposed an instruction about injury and illness compensation. The union requested a Federal Personnel Manual chapter and the Federal Employees' Compensation Act to understand the instruction and prepare bargaining proposals. The shipyard refused, arguing that the union…

November 1, 1990 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, Local 1923

SSA computer specialists (FLRA O-AR-1732): Call-back pay award revised

On-call computer specialists at Social Security's Baltimore center sought night premium and overtime pay for work after regular hours. The Authority struck an arbitrator's award of night differential for unscheduled work at the center because that premium requires regularly scheduled night work. It…

October 31, 1990 ·FLRA
Modified
COMM

U.S. Department of the Treasury, Internal Revenue Service, Cincinnati District Office and National Treasury Employees Union, Chapter 27

IRS Cincinnati reassignments (FLRA 5-CA-70141): Bargaining complaint dismissed

The IRS laterally reassigned Cincinnati revenue agents to coordinator positions without separate notice or bargaining with NTEU. The union and the General Counsel alleged a bargaining violation, arguing that reopened contract provisions no longer bound the parties. The Authority held that the…

October 31, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3457 and U.S. Department of the Interior, Minerals Management Service, Southern Administrative Service Center, New Orleans

Minerals Management Service drug tests (FLRA 0-NG-1686): Advance notice rejected

AFGE Local 3457 proposed nine types of written information to give employees 24 hours before each drug test at the Minerals Management Service's New Orleans center. The Authority found that every proposal required advance notice, limiting the agency's ability to run unannounced random tests. It…

October 31, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1808 and U.S. Department of the Army, Sierra Army Depot, Herlong, California

Sierra Army Depot drug tests (FLRA 0-NG-1617): Four provisions rejected

The Army disapproved four negotiated drug testing provisions for civilian employees at Sierra Army Depot. Three would give employees two hours of advance notice before a required test and specify information about testing and counseling. The Authority held that the notice would limit unannounced…

October 31, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Treasury, Internal Revenue Service, Helena District and National Treasury Employees Union, Chapter 42

IRS Helena promotion (FLRA 0-AR-1911): Discrimination remedy upheld

An IRS employee in the Helena District was passed over for a taxpayer service specialist job despite ranking first among the best-qualified candidates. An arbitrator found that race and national origin discrimination had affected the selection and ordered a retroactive promotion with backpay. The…

October 31, 1990 ·FLRA
Upheld
COMM

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

Fabens Border Patrol Station (FLRA 6-CA-80004): Appraisal records ordered

A Border Patrol union sought appraisal and work records at the Fabens Station to decide whether a patrol agent's rating warranted a grievance. Management gave only anonymous rating scores and withheld the supporting records. The Authority held that the available information was needed to compare…

October 30, 1990 ·FLRA
Modified
COMM

U.S. Department of Labor, Office of the Solicitor, Arlington Field Office and American Federation of Government Employees, Local 12

Labor Solicitor's Arlington office (FLRA 3-CU-80024): Attorneys excluded from unit

AFGE Local 12 sought to include general attorneys in its Labor Department bargaining unit. A regional director included ten positions, reasoning that the attorneys' internal labor relations work was too limited to make them confidential employees. The Authority reversed that approach. Attorneys…

October 30, 1990 ·FLRA
Set aside
COMM

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

Border Patrol agreement (FLRA 3-CA-90347): Complaint dismissed

The Border Patrol union and Immigration and Naturalization Service had a contract provision imposed through interest arbitration. The Justice Department disapproved a clause that would send the union unredacted employee discipline and appeal records even when an employee had not chosen union…

October 30, 1990 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Local 1418 and United States Information Agency, Voice of America

Voice of America radio technicians (FLRA 0-NG-1613): Work proposal negotiable

NFFE Local 1418 proposed reserving specified Voice of America broadcast equipment work for unit radio technicians. The agency argued that the proposal conflicted with management's assignment rights and covered work beyond the current unit. The Authority found that these prevailing rate employees…

October 30, 1990 ·FLRA
Set aside
COMM

U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Ashland and American Federation of Government Employees, Local 1286

Ashland federal prison (FLRA O-AR-1755): Leave award updated

An air conditioning technician at the Ashland federal prison requested two weeks of summer annual leave. Management denied them, citing the need to keep equipment running during heavy use. An arbitrator found the reasons insufficient under the agreement's leave provision and ordered the requested…

October 29, 1990 ·FLRA
Modified
COMM

Social Security Administration, New Bedford District Office and American Federation of Government Employees, Local 1164

SSA New Bedford (FLRA 1-CA-90013): Award ceremony notes disclosed

At a Social Security awards ceremony, an employee's remark led a district manager to return his $750 award check. The employee grieved, disputing whether he had refused the money. The union requested managers' notes about the incident to prepare the grievance, but the agency withheld them as…

October 29, 1990 ·FLRA
Upheld
COMM

U.S. Department of Defense, Marine Corps Logistics Base, Albany, Georgia and American Federation of Government Employees, Local 2317

Albany Marine Corps base (FLRA 0-AR-1901): Suspension grievance partly reopened

A Marine Corps Logistics Base employee received a three-day suspension. The union first filed an unfair labor practice charge about how the agency cancelled and reissued the suspension notice, then filed a grievance challenging the suspension itself. An arbitrator treated the earlier charge as…

October 29, 1990 ·FLRA
Remanded
COMM

U.S. Department of the Navy, United States Marine Corps Headquarters and American Federation of Government Employees, Council 240

Marine Corps commissaries (FLRA 0-AR-1816): Grievance step upheld

A Marine Corps reorganization shifted commissary reporting lines away from base commanders. At Quantico, the commanding general then returned a commissary employee's grievance without action, saying it should follow the new chain of command. An arbitrator read the union agreement to make the…

October 29, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Hanscom Air Force Base, Bedford, Massachusetts and Richard D. Martino

Hanscom Air Force Base (FLRA 1-CA-90275): Applicant denied rehire for union activity

Hanscom Air Force Base refused to rehire Richard Martino as a painter because of his earlier union activity and told others that was the reason. An administrative law judge found the base's stated reasons for the refusal were a pretext. The Authority found no basis to overturn the judge's…

October 26, 1990 ·FLRA
Upheld
COMM

U.S. Department of Commerce, Patent and Trademark Office and Patent Office Professional Association

Patent Office overtime (FLRA 0-AR-1730): Contract dispute returned to arbitrator

Patent examiners challenged changed productivity requirements for overtime assignments. An arbitrator interpreted the union agreement to preserve a prior productivity threshold but refused to enforce that reading because he thought it conflicted with management's work assignment right. The…

October 26, 1990 ·FLRA
Remanded
COMM

U.S. Department of Defense, Defense Contract Audit Agency, Central Region and American Federation of Government Employees, Local 3529

Defense Contract Audit Agency (FLRA 0-AR-1727): Reappraisal procedure corrected

Auditors challenged how the Defense Contract Audit Agency rated their 1988 performance and promotion potential. An arbitrator ordered reappraisals and a plan to identify other employees wanting them. The Authority upheld the substance of the reappraisal order but found that its review procedure…

October 26, 1990 ·FLRA
Modified
COMM

National Steel and Shipbuilding Company

Settlement approval set aside for union-input inquiry

Three inspections of NASSCO's San Diego shipyard produced hundreds of alleged violations and proposed penalties totaling $165,100. The Secretary and NASSCO settled, but two employee unions challenged the judges' approval orders. The Commission found the agreement deficient because service on the…

October 25, 1990 ·OSHRC
Remanded

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.