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

Veterans Administration, Leavenworth, Kansas and American Federation of Government Employees, Local 85

Leavenworth Veterans Administration (FLRA 0-AR-1679): Reassignment grievance denial upheld

A union vice president at the Leavenworth VA challenged her reassignment to another department after an off-site altercation with a coworker. Neither employee lost grade or pay from the reassignments. The arbitrator found no discriminatory motive and denied the grievance. The Authority held that…

February 16, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 12 and U.S. Department of Labor

Department of Labor (FLRA 0-AR-1604): Reassignment remedy set aside

The Labor Department moved an employee from one bureau to another at the same grade and pay as part of a reorganization. An arbitrator found a contract violation and ordered reassignment to the former or a comparable position. The Authority held that the contract clause required consultation with…

February 16, 1990 ·FLRA
Modified
COMM

Patent Office Professional Association and U.S. Patent and Trademark Office

Patent and Trademark Office (FLRA 0-AR-1556): Within-grade grievance dismissal upheld

A patent office employee grieved the denial of a within-grade pay increase without first asking the agency to reconsider its negative performance determination. The arbitrator dismissed the grievance as premature. The Authority held that the statutory reconsideration step applies to bargaining-unit…

February 16, 1990 ·FLRA
Upheld
COMM

Michigan Air National Guard, Selfridge Air National Guard Base and Association of Civilian Technicians, Michigan State Council

Michigan Air National Guard (FLRA 0-AR-1534): Second reconsideration request denied

The Association of Civilian Technicians again asked the Authority to reconsider its ruling setting aside an arbitration award concerning a weight requirement for temporary-duty assignments. The Authority had already denied one request for reconsideration. It found that the latest request repeated…

February 16, 1990 ·FLRA
Procedural
ALJ

Sun Glow Coal Company, Inc.

Discrimination complaint withdrawn and dismissed

Goebel Swiney asked to withdraw his discrimination complaint against Sun Glow Coal Company. Judge Roy J. Maurer approved the withdrawal, cancelled the scheduled hearing, and dismissed the case. The order resolved the proceeding without deciding the underlying discrimination allegations.

February 15, 1990 ·Roy J. Maurer ·FMSHRC
Procedural
COMM

Hawaii Federal Employees Metal Trades Council and U.S. Department of the Navy, Pearl Harbor Naval Shipyard

Pearl Harbor Naval Shipyard (FLRA 0-NG-1660): Automatic appraisal rating proposal rejected

A shipyard union proposed that employees who lacked enough time in an assigned job to receive a performance appraisal be given a rating based on coworkers' averages, normally no lower than Fully Successful. The Authority found that a government-wide regulation required the agency to extend the…

February 15, 1990 ·FLRA
Upheld
COMM

Federal Firefighters Association, Local 58 and Department of the Air Force, Otis Air National Guard Base

Otis Air National Guard Base (FLRA 0-NG-1572): Late negotiability appeal remains dismissed

The firefighters union asked the Authority to reconsider dismissal of its late negotiability petition. It argued that the Air Force had served the wrong union official and that a hearing was required. The Authority held that service on the acting local president was valid, a hearing was…

February 15, 1990 ·FLRA
Procedural
COMM

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

Army Transportation Center (FLRA 0-AR-1705): Unit-status arbitration award set aside

An arbitrator decided that two employees were outside a nonappropriated-fund bargaining unit and then allowed them six more months of official time for union representation. The Authority held that the arbitrator could not decide their bargaining-unit status, a question reserved to the Authority…

February 15, 1990 ·FLRA
Set aside
COMM

Social Security Administration and American Federation of Government Employees, Local 2369

Social Security Administration (FLRA 0-AR-1616): Supplemental within-grade award set aside

An arbitrator ordered a sixty-day improvement period for an employee denied a within-grade increase, then revised the award to require the period in the employee's former job. By then the employee had already received the disputed increase. The Authority held that the grievance had become moot and…

February 15, 1990 ·FLRA
Set aside
ALJ

Consolidation Coal Company v. Secretary of Labor

Interlocutory appeal certification denied

Consolidation Coal asked Judge Paul Merlin to certify his earlier order denying the operator’s motion to dismiss for interlocutory appeal. The judge explained that certification under 29 C.F.R. § 2700.74 is discretionary and reserved for exceptional cases. He found that the factual issues appeared…

February 14, 1990 ·Paul Merlin ·FMSHRC
Procedural
COMM

Matter of Villalta

Family threats and political activity supported asylum

The Board reviewed a Salvadoran respondent's appeal after an Immigration Judge denied asylum and withholding of deportation. The respondent testified that a death squad threatened his family because of his political activity, that his brother was killed, and that other family members were also…

February 14, 1990 ·BIA
Vacated
COMM

Ogden Air Logistics Center, Hill Air Force Base and American Federation of Government Employees, Local 1592

Ogden Air Logistics Center (FLRA 7-CA-80186): Union steward reprimand violated rights

At Hill Air Force Base, a supervisor placed counseling entries in union steward Janice White's personnel file after she discussed administrative leave with coworkers. The supervisor also said she was acting as a steward at all times on the job and could not discuss management rights with employees…

February 14, 1990 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 3006 and Adjutant General, State of Idaho

Idaho National Guard (FLRA 0-NG-1571): Civilian technician forms of address rejected

AFGE Local 3006 proposed that Idaho National Guard managers use civilian titles instead of military terms of rank when speaking or writing to civilian technicians. The Authority found that military forms of address were part of the customs used to maintain discipline and cohesion among uniformed…

February 14, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Oklahoma City Air Logistics Center

Oklahoma City Air Logistics Center (FLRA 0-AR-1706): Document-falsification suspension upheld

An Air Force employee received a fourteen-day suspension for certifying on a government form that he held a valid driver's license when his license had been suspended. An arbitrator denied the grievance, and the union challenged the hearing, agency procedure, and factual findings. The Authority…

February 14, 1990 ·FLRA
Upheld
COMM

Department of Health and Human Services, Public Health Service, Region IV and National Treasury Employees Union, Chapter 210

Public Health Service Region IV (FLRA 0-AR-1656): Attorney fee entitlement granted

An arbitrator awarded a temporary promotion and backpay to a clerical employee who had performed higher graded duties, but denied attorney fees. The Authority found that the agency should have known its defense would fail if it had examined facts available within the agency and distinguished the…

February 14, 1990 ·FLRA
Modified
COMM

National Federation of Federal Employees, Local 738 and Department of the Army, USA Medical Department Activity, Fort Leonard Wood

Fort Leonard Wood Medical Department (FLRA 0-NG-1621): Voluntary EMT certification rejected

The Army required its emergency medical technicians to obtain National Registry certification. NFFE Local 738 proposed making registration voluntary because obtaining certification could be difficult within the required period. The Authority accepted that the proposal aimed to protect employees…

February 13, 1990 ·FLRA
Upheld
COMM

Secretary of Labor o/b/o Keene v. S & M Coal Company, Inc.

Individual discrimination liability reinstated

This discrimination case returned to the Commission after the D.C. Circuit affirmed in part and reversed in part an earlier Commission decision. The court upheld the conclusion that Prestige Coal was not a successor in interest to S&M Coal, but held that Tolbert P. Mullins could be personally…

February 9, 1990 ·FMSHRC
Mixed result
ALJ

Mayland Stone Company, Inc.

$600 settlement approved

Mayland Stone operated a crushed stone facility with 10 employees on one shift. The case involved a berm-standard violation under 30 C.F.R. § 56.9300, and the Secretary and Mayland agreed that the company would pay the originally assessed $600 penalty. Judge James A. Broderick noted that the…

February 9, 1990 ·James A. Broderick ·FMSHRC
Settled
COMM

Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and Jamestown, New York District Office and American Federation of Government Employees, Local 3342

Jamestown Social Security office (FLRA 1-CA-70309): Break notification change required effects bargaining

The Jamestown Social Security office began requiring claims representatives to notify supervisors before breaks and other employees to explain breaks outside their scheduled times. The Authority held that management could decide to impose those notification rules as an exercise of its rights to…

February 9, 1990 ·FLRA
Upheld
COMM

New York State Nurses Association and Veterans Administration Medical Center, Bronx

Bronx VA Medical Center (FLRA 0-NG-1187): Nurses association reconsideration denied

The nurses association sought reconsideration of an Authority ruling issued after a federal appeals court held that the VA had no duty to bargain over working conditions of certain professional medical employees. The union argued that prior bargaining history supported a different result. The…

February 9, 1990 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 331 and Veterans Administration Medical Center, Perry Point

Perry Point VA Medical Center (FLRA 0-AR-1710): Psychiatrist appraisal exceptions dismissed

A psychiatrist at the Perry Point VA Medical Center challenged her annual proficiency rating through a grievance. The arbitrator held that the rating was outside the grievance procedure. The Authority dismissed the union's exceptions because the employee was a professional medical worker under…

February 9, 1990 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1960 and Naval Education and Training Program Development Center

Naval Education and Training Program Development Center (FLRA 0-AR-1699): Late fee exceptions dismissed

An arbitrator found that a Navy employee had been denied prior consideration for placement but denied promotion, backpay, and attorney fees. The union filed exceptions after the filing period and argued that an errata sheet restarted the clock. The Authority found that the errata sheet changed the…

February 9, 1990 ·FLRA
Procedural
COMM

U.S. Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12

Department of Labor appraisal (FLRA 0-AR-1687): Employee's ratings left in place

A Department of Labor unemployment insurance specialist sought “Highly Effective” ratings for 1987 and 1988 instead of “Acceptable” ratings. An arbitrator found that the disputed performance standards could be exceeded, but that the employee's overall work did not exceed them. The union argued that…

February 9, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1857 and Sacramento Air Logistics Center, McClellan Air Force Base

McClellan Air Force Base (FLRA 0-AR-1674): Insubordination suspension upheld

A McClellan Air Force Base employee refused his supervisor's instructions during a meeting about an earlier suspension. The base imposed a separate one-day suspension for insubordination, and an arbitrator upheld it. The union argued that the supervisor's handling of the earlier discipline violated…

February 9, 1990 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R4-106 and Department of the Air Force, Langley Air Force Base

Langley Air Force Base (FLRA 0-AR-1664): Attorney-fee dispute closure upheld

After an earlier remand for consideration of attorney fees, the union and Langley Air Force Base jointly told the arbitrator not to reopen the case. The arbitrator closed the fee matter. An attorney for the union challenged that decision, alleging that the agreement was invalid or obtained by…

February 9, 1990 ·FLRA
Upheld
COMM

Veterans Administration, VA Medical Center Register Office and American Federation of Government Employees, Local 1509

VA pharmacy technicians (FLRA 0-AR-1644): Hazardous duty pay grievance denied

A VA hospital moved a drug mixing hood near the area where pharmacy technicians worked. The union sought hazardous duty pay, asserting that technicians faced exposure and that management should have given advance notice of the move. An arbitrator found insufficient evidence of hazardous exposure or…

February 9, 1990 ·FLRA
Upheld
COMM

Naval Public Works Center, San Diego and National Association of Government Employees, Local R12-35

San Diego Naval Public Works Center (FLRA 0-AR-1562): Camp assignment treated as permanent duty

Three Naval Public Works Center employees traveled from home to a Navy training camp outside San Diego and sought mileage and per diem payments. An arbitrator found that their initially temporary assignment had become permanent, making the camp their regular duty station. He denied the travel…

February 9, 1990 ·FLRA
Upheld
COMM

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

Panama Canal pilots (FLRA 0-AR-1516): Parties may choose arbitrator on remand

The Panama Canal Commission proposed a ten-day suspension for a pilot who used a radio channel to call for a protest and stopped his vessel. An arbitrator set aside the suspension on constitutional grounds, but the Authority rejected that reasoning and sent the grievance back for consideration of…

February 9, 1990 ·FLRA
Remanded
ALJ

William G. Hagy

Contest dismissed for lack of right to challenge company citation

William G. Hagy, identified as a section foreman, tried to contest a citation and withdrawal order issued to Consolidation Coal Company. The citation alleged a violation of 30 C.F.R. § 75.202(a), and the Secretary separately notified Hagy that a civil penalty might be proposed for knowingly…

February 8, 1990 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Harlan Cumberland Coal Company

Penalty corrected from $525 to $475

The judge amended his January 30, 1990 decision to correct a clerical error in the penalty amounts stated in the order. The corrected order changes the penalties from $525 to $475. The amendment covers the KENT 88-191 and KENT 88-192 civil penalty proceedings involving H-2 Mine and C-2 Mine. The…

February 8, 1990 ·William Fauver ·FMSHRC
Modified
ALJ

Tanks Unlimited, Incorporated

$1,000 settlement approved after admissions

Tanks Unlimited admitted the allegations and special findings associated with Citation Nos. 3038257 and 3038259. At the penalty hearing, the company presented evidence that it was out of business and had about $500 remaining after criminal fines and legal expenses arising from earlier accidents…

February 7, 1990 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Brush Creek Coal Inc.

Default entered and $90 penalty ordered

Brush Creek Coal did not appear through a representative at a scheduled January 17, 1990 hearing in Johnson City, Tennessee. Judge Gary Melick issued an order to show cause giving the company until February 1 to explain its absence, but the company filed no response. The judge therefore found Brush…

February 7, 1990 ·Gary Melick ·FMSHRC
Procedural
COMM

Matter of Izatula

Afghan political support established a well-founded fear of persecution

The Board reviewed an Afghan applicant's appeal after an Immigration Judge denied asylum and withholding of deportation. The applicant had supplied clothes, groceries, and other goods to the mujahedin, and Afghan security agents searched for him after arresting his brother for the same activity…

February 6, 1990 ·BIA
Vacated
ALJ

Shannopin Mining Company

Discrimination case dismissed after settlement

Bernard J. Garnek asked to withdraw his discrimination complaint against Shannopin Mining Company after the parties reached a mutually agreeable settlement. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed, and the hearings scheduled…

February 5, 1990 ·Gary Melick ·FMSHRC
Settled
ALJ

Freeman Coal Mining Company

Discrimination complaint dismissed

Allen Ellsworth, a miner and rock duster, alleged that Freeman Coal discharged him after he refused to shovel coal alone on one side of a belt because he believed the work was unsafe. The judge found that Ellsworth’s refusal was neither made in good faith nor reasonable. The judge relied on his…

February 5, 1990 ·Gary Melick ·FMSHRC
Other
ALJ

Pyramid Mining, Inc.

Gerald Smith v. Pyramid Mining, Inc. (FMSHRC KENT 89-218-D): Discrimination complaint dismissed

Gerald Smith alleged that Pyramid Mining discharged him because he reported safety problems involving his loader and working conditions. Pyramid maintained that it discharged Smith for threatening management and coworkers. Judge Gary Melick found that Smith had engaged in protected activity but had…

February 5, 1990 ·Gary Melick ·FMSHRC
Other
ALJ

Lone Star Industries, Inc.

Two safety citations vacated

Lone Star Industries operated a cement-producing quarry and mill where an engineer entered a clinker cooler dust chamber through an inspection door during maintenance work. His right leg became entangled in an operating screw conveyor and was severed about mid-thigh. The judge found that the…

February 5, 1990 ·John J. Morris ·FMSHRC
Citations vacated
COMM

American Federation of Government Employees, Local 1931 and U.S. Department of the Navy, Naval Weapons Station, Concord, California

Concord Naval Weapons Station (FLRA 0-NG-1768): Late response ends negotiability petition

The union at Concord Naval Weapons Station filed a negotiability petition with missing information. The Authority gave it until December 15, 1989, to correct the petition, but the union responded on December 19. The union argued that service by mail added five days to the deadline. The Authority…

February 2, 1990 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 422 and U.S. Department of the Interior, Bureau of Indian Affairs, Colorado River Agency

Colorado River Agency (FLRA 0-NG-1641): Late negotiability petition stays dismissed

The Bureau of Indian Affairs called union proposals nonnegotiable during a Federal Service Impasses Panel proceeding. The union later filed a petition asking the Authority to review that claim, but the petition was dismissed as late. On reconsideration, the union argued that its letter clarifying…

February 2, 1990 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1426 and Department of the Army, Fort Sheridan, Illinois

Fort Sheridan discipline proposal (FLRA 0-NG-1614): Prior offenses' age is negotiable

The Fort Sheridan union proposed time periods for considering how recent earlier discipline was when selecting a penalty for a new offense. The Army argued that the proposal would remove reprimands from personnel files and restrict its right to discipline employees. The Authority accepted the…

February 2, 1990 ·FLRA
Set aside
COMM

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

Griffiss Air Force Base (FLRA 0-AR-1678): Ten-day suspension upheld

Griffiss Air Force Base suspended an employee for ten days after finding that he left an inappropriate telephone message about his supervisor and another employee. An arbitrator upheld the suspension and found that management had allowed a reasonable period to respond to the proposed action. The…

February 2, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Norfolk Naval Shipyard and American Federation of Government Employees, Local 4015

Norfolk Naval Shipyard (FLRA 0-AR-1574): Attorney fees denied despite reduced discipline

An arbitrator reduced a Norfolk Naval Shipyard employee's two-day suspension to a written reprimand and awarded backpay. He then denied the employee's request for attorney fees, finding that the employee had not prevailed and that fees were not warranted in the interest of justice. The Authority…

February 2, 1990 ·FLRA
Upheld
ALJ

Emery Mining Corporation and/or Utah Power & Light Company

Hearing continued after Wilberg Mine fire litigation concerns

Emery Mining sought to postpone a group of Mine Act contest and civil penalty hearings connected to the Wilberg Mine fire. Emery said that a related Utah products-liability trial could create prejudicial publicity and complicate the pending cases. The Secretary opposed further delay, citing the…

February 1, 1990 ·John J. Morris ·FMSHRC
Procedural
COMM

Service Employees International Union, Local 100 and Department of Health and Human Services, Gillis W. Long Hansen's Disease Center, Carville, Louisiana

Carville health center (FLRA 0-NG-1612): Union observer proposal rejected

The union at the Carville health center proposed placing an observer on every merit promotion panel. Management would choose the observer from at least five union nominees, and the observer could monitor but not vote or join deliberations. The Authority held that even passive attendance would…

February 1, 1990 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1263 and U.S. Department of Defense, Defense Language Institute, Presidio of Monterey

Defense Language Institute (FLRA 0-AR-1693): Instructor appraisal upheld

A Defense Language Institute instructor received a “highly successful” rating but sought an “exceptional” rating. The agency considered her refusal to attend a voluntary proficiency tester recertification workshop when deciding whether she exceeded a professional contributions standard. An…

February 1, 1990 ·FLRA
Upheld
COMM

Naval Ordnance Station, Louisville, Kentucky and International Association of Machinists and Aerospace Workers, Local Lodge 830

Louisville Naval Ordnance Station (FLRA 0-AR-1685): Overtime suspension upheld

A supply clerk at the Louisville Naval Ordnance Station missed mandatory overtime after asking to be excused for unspecified personal reasons. The station suspended him for three days, and an arbitrator found that the labor agreement required a reasonable explanation for an exemption. The union…

February 1, 1990 ·FLRA
Upheld
COMM

Adjutant General, State of Oklahoma, Air National Guard, Tulsa and National Association of Government Employees, Local R8-17

Oklahoma Air National Guard (FLRA 0-AR-1671): Promotion announcement upheld

The Oklahoma Air National Guard advertised a production controller vacancy to employees in one functional area and selected one of two applicants. The union argued that the applicant pool was too small and that the selection caused a prohibited military grade inversion. An arbitrator found that the…

February 1, 1990 ·FLRA
Upheld
COMM

Commonwealth of Pennsylvania, Department of Military Affairs and Pennsylvania State Council, Association of Civilian Technicians

Pennsylvania National Guard flight engineer (FLRA 0-AR-1609): Nonselection upheld

A Pennsylvania National Guard employee was passed over for a flight engineer position after the Guard considered applicants with experience on aircraft other than those named in the vacancy announcement. An arbitrator found that comparable aircraft experience could qualify those applicants. The…

February 1, 1990 ·FLRA
Upheld
ALJ

Target Construction, Inc.

Dump-site citations affirmed after serious injury

Target Construction operated an open-pit gold and silver mine where a haul truck went over a dump bank and the driver suffered crushing injuries that resulted in the amputation of both legs. The judge found that the dump berm was too low to prevent overtravel and that cracks showed the ground might…

January 31, 1990 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Beaver Creek Coal Company

Stoppings citation reclassified and two citations affirmed

Beaver Creek Coal was cited after inspectors found damaged stoppings in a South mains belt entry used to separate an intake escapeway. The judge found that the condition violated the ventilation standard but that the evidence did not establish a reasonable likelihood of a major fire or explosion…

January 31, 1990 ·August F. Cetti ·FMSHRC
Mixed result
ALJ

Moltan Company

Electrical-cabinet citation affirmed

Moltan Company's kiln operator had to reach into an electrical cabinet to reset motor starter controls while exposed 480-volt conductors and terminals remained energized. The judge found that the reset controls were operating controls covered by 30 C.F.R. § 56.12040. He also found that the…

January 31, 1990 ·William Fauver ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 3272 and Department of Health and Human Services, Social Security Administration, Chicago Regional Office

Chicago Social Security office (FLRA 0-NG-1557): Split ruling on appraisal statistics

The Chicago Social Security union proposed that employees receive statistics used in their performance evaluations within five workdays, get a written explanation for delay, and be shielded from late statistics they could not review or rebut. The Authority found the first two requirements…

January 31, 1990 ·FLRA
Mixed result
COMM

Social Security Administration and American Federation of Government Employees, Local 1336

Social Security attendance discipline (FLRA 0-AR-1675): Future penalty warning softened

After an earlier Authority remand, an arbitrator found that the Social Security Administration lacked just cause for an employee's five-day suspension over poor attendance. He reduced the penalty to a reprimand and ordered backpay, but said any future attendance violation would result in a five-day…

January 31, 1990 ·FLRA
Modified
COMM

Veterans Administration Medical Center and American Federation of Government Employees, Local 2386

VA medical center earplugs (FLRA 0-AR-1672): Reprimand for refusing instruction upheld

After an OSHA inspection identified elevated noise in a VA medical center's dish and pot room, management required employees there to wear earplugs until ceiling work could be done. One employee refused and received a reprimand for insubordination. The union argued that management had introduced…

January 31, 1990 ·FLRA
Upheld
ALJ

Rochester & Pittsburgh Coal Company

104(b) withdrawal order vacated

Rochester & Pittsburgh Coal Company contested an MSHA withdrawal order involving inadequate illumination on a scoop at its Greenwich Collieries No. 2 underground coal mine. The inspector treated the incomplete illumination installation as a failure to abate the cited condition under section 104(b)…

January 30, 1990 ·Avram Weisberger ·FMSHRC
Citations vacated
ALJ

Harlan Cumberland Coal Company

Methane-related citations affirmed

Harlan Cumberland Coal Company operated two underground coal mines where inspectors found an impermissible opening in a continuous miner's breaker box and methane moving from an abandoned area into an active working section. The judge found that the first condition could contribute to a serious…

January 30, 1990 ·William Fauver ·FMSHRC
Citations affirmed
COMM

Veterans Administration, Washington, D.C. and VA Medical Center, Salem, Virginia and American Federation of Government Employees, Local 1739

Salem VA medical center (FLRA 34-CA-80438): Address list complaint dismissed after compliance

The union sought the names and home addresses of bargaining unit employees from the Veterans Administration and its Salem medical center. The agency told the Authority that it had supplied the final lists. The union then requested dismissal because it had received the information. With no…

January 30, 1990 ·FLRA
Procedural
COMM

U.S. Department of the Interior, National Park Service, Fire Island National Seashore and American Federation of Government Employees, Local 3432

Fire Island National Seashore (FLRA 0-AR-1642): Boat operator suspension upheld

A National Park Service boat operator left a fuel pump running unattended, and gasoline spilled into the boat. A supervisor instructed him to clean the boat and not start its engine, but he later carried a work crew aboard it. An arbitrator found that the operator's actions were unsafe and upheld a…

January 30, 1990 ·FLRA
Upheld
COMM

Department of the Navy, United States Marine Corps and American Federation of Government Employees, Local 1881

Marine Corps motorcycle vests (FLRA 3-CA-80352): Unfair labor practice complaint dismissed

The Marine Corps had agreed to supply reflective vests without charge to employees who rode motorcycles on its installations, then stopped supplying them. The union charged that ending the agreement without bargaining was an unfair labor practice. The Authority held that the vests were for…

January 29, 1990 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 1568 and U.S. Department of Housing and Urban Development

HUD Atlanta accounting office (FLRA 0-AR-1780): Radio use restriction upheld

A HUD accounting employee was told not to listen to a personal radio during normal business hours. The union argued that this changed working conditions without notice and treated accounting staff differently from other offices. An arbitrator found that the accounting division already had a known…

January 29, 1990 ·FLRA
Upheld

What these documents are

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