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

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 secretary (FLRA 0-AR-1688): Performance rating upheld

A Scott Air Force Base secretary sought an “Excellent” overall rating instead of “Fully Successful.” The union argued that her lack of errors should have earned higher marks on several work elements. An arbitrator found that management could also consider productivity and how well the employee…

January 29, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 933 and Veterans Administration Medical Center, Allen Park, Michigan

Allen Park VA medical center (FLRA 0-AR-1622): Temporary employee unit ruling set aside

The Allen Park VA medical center terminated several temporary employees, and their union grieved the lack of notice and reasons. An arbitrator denied the grievance after finding that temporary employees were outside the bargaining unit. The Authority held that an arbitrator cannot decide a disputed…

January 29, 1990 ·FLRA
Set aside
COMM

Department of the Navy, Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council

Norfolk Naval Shipyard welder (FLRA 0-AR-1571): Hazard pay grievance held nonarbitrable

A Norfolk Naval Shipyard welder apprentice sought environmental differential pay after alleging illness from exposure to organotin fumes. An arbitrator found that the current labor agreement did not list organotin work as a situation qualifying for that pay. He concluded that adding such a…

January 29, 1990 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 137 and United States Customs Service, Region IV

Port Everglades Customs inspectors (FLRA 0-AR-1565): Seniority reassignment remedy upheld

The Customs Service filled five Port Everglades inspector vacancies by moving existing GS-9 inspectors but did not select the most senior volunteers. An arbitrator found that those moves were reassignments covered by the labor agreement and ordered the agency to rescind and rerun them using the…

January 29, 1990 ·FLRA
Upheld
COMM

U.S. Army Aviation Systems Command and U.S. Army Troop Support Command and National Federation of Federal Employees, Local 405

St. Louis Army engineering teams (FLRA 57-CU-90008): Unit status review granted

A regional director found that seven Army engineering team leaders belonged in a bargaining unit because their judgment concerned technical work rather than supervisory decisions. The Army sought review, arguing that assigning and reviewing team members' work involved independent judgment and that…

January 26, 1990 ·FLRA
Procedural
COMM

Letterkenny Army Depot and National Federation of Federal Employees, Local 1429

Letterkenny Army Depot (FLRA 2-CA-80076): Union attendance practice not established

Letterkenny Army Depot refused to let a union steward accompany an employee to a meeting about a missed promotion. The union alleged that this ended a past practice without notice or bargaining. An administrative law judge found that union attendance at these meetings had been sporadic, not an…

January 26, 1990 ·FLRA
Upheld
COMM

United States Army Academy of Health Sciences, Fort Sam Houston, Texas and National Federation of Federal Employees, Local 28

Fort Sam Houston flexitime (FLRA 0-AR-1704): Broad rescission remedy removed

An Army health sciences employee grieved the denial of her request to continue a flexitime schedule. An arbitrator granted her the schedule and also ordered the Army to rescind a workplace notice abolishing flexitime for other employees. The Army challenged only the broader rescission. The…

January 26, 1990 ·FLRA
Modified
COMM

Oklahoma City Air Logistics Center, Tinker Air Force Base and American Federation of Government Employees, Local 916

Tinker Air Force Base reprimand (FLRA 0-AR-1692): Loafing finding upheld

Supervisors saw a Tinker Air Force Base employee at his desk with his feet up and eyes closed. The agency reprimanded him for loafing. The employee said he was resting because of a back injury, not sleeping. An arbitrator found that the distinction did not change the result because he was not…

January 26, 1990 ·FLRA
Upheld
COMM

Illinois Air National Guard, 182nd Tactical Air Support Group and Association of Civilian Technicians, Illinois Chapter 34

Illinois Air National Guard foreman (FLRA 0-AR-1649): Supervisory vacancy grievance barred

The Illinois Air National Guard selected a master sergeant for a fabrication foreman vacancy. The union challenged the selection process, but an arbitrator found that the supervisory position was excluded from the labor agreement's grievance coverage. The union argued that other agreement…

January 26, 1990 ·FLRA
Upheld
COMM

U.S. Army Transportation Center, Fort Eustis, Virginia and National Association of Government Employees, Local R4-106

Fort Eustis appraisal (FLRA 0-AR-1536): Clarification denied and reconsideration dismissed

An earlier Authority decision set aside four remedies concerning a Fort Eustis employee's performance appraisal but left a fifth remedy in place. The union asked whether the case should return to the arbitrator for a new ruling. The Authority said its earlier order was clear: the four remedies were…

January 26, 1990 ·FLRA
Procedural
COMM

U.S. Department of Veterans Affairs, William Jennings Bryan Dorn Veterans Hospital and American Federation of Government Employees, Local No. 1915

Dorn Veterans Hospital (FLRA 0-AR-1758): Arbitration exceptions dismissed

A Dorn Veterans Hospital employee challenged discipline arising from alleged absence without leave and a false medical certificate. The agency reduced its proposed removal to a reduction in grade and reassignment, and an arbitrator later denied the grievance. The union filed exceptions with the…

January 25, 1990 ·FLRA
Procedural
COMM

VA Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85

VA Medical Center, Leavenworth (FLRA 0-AR-1619): Reprimands upheld

Four VA Medical Center employees were reprimanded after they did not provide written statements requested during an investigation of an incident involving coworkers. An arbitrator found the incident work related and ruled that the employees had to comply with their supervisors' instructions. The…

January 25, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 916 and Oklahoma Air Logistics Center, Tinker Air Force Base, Oklahoma

Oklahoma Air Logistics Center (FLRA 0-AR-1618): Suspension award stands

An Oklahoma Air Logistics Center employee received a five-day suspension after he and another employee made dry ice containers explode in their shop; one explosion injured a coworker's ear. An arbitrator found just cause for the suspension and also found that the employee withheld material facts…

January 25, 1990 ·FLRA
Upheld
COMM

Department of the Navy, Charleston Naval Shipyard and Planners, Estimators, Progressmen and Schedulers Association, Local No. 8

Charleston Naval Shipyard (FLRA 4-CA-70731): Mileage bargaining complaint dismissed

Charleston Naval Shipyard proposed changing mileage reimbursement for employees assigned to temporary work sites in the Charleston area. A union charged that the shipyard implemented a compromise on differential mileage without returning to bargain after obtaining approval to change its travel…

January 24, 1990 ·FLRA
Upheld
COMM

Department of the Army, Buffalo District, Corps of Engineers and American Federation of Government Employees, Local 2930

Buffalo District Corps of Engineers (FLRA 0-AR-1750): Untimely grievance ruling upheld

An arbitrator found that a grievance at the Army Corps of Engineers' Buffalo District had been filed more than 30 days after the employee knew or should have known of the alleged violation. The union argued that the arbitrator violated the labor agreement by allowing the agency to raise timeliness…

January 24, 1990 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 916 and Department of the Air Force, Tinker Air Force Base

Tinker Air Force Base (FLRA 0-AR-1728): Late grievance appeal remains dismissed

An employee at Tinker Air Force Base grieved a ten-day suspension. The union delivered its next appeal to the commander's office within the contract's ten-day period, but the employee relations division received it after that period. An arbitrator ruled that the agreement required timely receipt by…

January 24, 1990 ·FLRA
Upheld
COMM

Headquarters, U.S. Army Training and Doctrine Command, Fort Monroe, Virginia and National Association of Government Employees, Local R4-7

Army Training and Doctrine Command (FLRA 0-AR-1658): Accounting technician promotions denied

Accounting technicians at Fort Monroe were promoted from GS-5 to GS-6 and grieved the agency's refusal to promote them directly to GS-7. An arbitrator found that their position series advanced one grade at a time and required a year at GS-6 before advancement to GS-7. The union argued that the…

January 24, 1990 ·FLRA
Upheld
COMM

United States Department of Labor, Occupational Safety and Health Administration and National Council of Field Labor Locals

Labor Department OSHA (FLRA 0-AR-1637): Court reporter grievance award upheld

OSHA used a court reporter to transcribe an employee's oral response to a proposed adverse action. An arbitrator found that this violated the parties' labor agreement and sustained the union's grievance. The agency argued that the arbitrator misread the agreement, restricted management's choice of…

January 24, 1990 ·FLRA
Upheld
COMM

Naval Aviation Depot, Department of the Navy, Norfolk, Virginia and International Association of Machinists and Aerospace Workers, Local 39

Norfolk Naval Aviation Depot (FLRA 0-AR-1620): Warning after rescinded suspension stands

The Norfolk Naval Aviation Depot suspended an employee for three days over a disputed sick leave request. An arbitrator found insufficient evidence that the employee could have worked on the disputed day and rescinded the suspension, but permitted a warning about future absences. The union…

January 24, 1990 ·FLRA
Upheld
COMM

Food and Drug Administration, Cincinnati District Office and American Federation of Government Employees, Local 3831

FDA Cincinnati District Office (FLRA 0-AR-1615): Arbitrator bias claim rejected

An FDA employee was charged with two days of absence without leave after refusing to sign sick leave request forms when he returned to work. An arbitrator denied the grievance, finding that the supervisor could require the forms. The union claimed the arbitrator was biased because he and the…

January 24, 1990 ·FLRA
Upheld
COMM

Oklahoma City Air Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local 916

Tinker Air Force Base (FLRA 0-AR-1602): Asbestos grievance remains nonarbitrable

The union filed a grievance concerning employee exposure to asbestos at Tinker Air Force Base. After disputes over hearing dates, an arbitrator found that the union had not made the effort required by the labor agreement to schedule the hearing and denied the grievance as nonarbitrable. The union…

January 24, 1990 ·FLRA
Upheld
COMM

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

Leavenworth VA Medical Center (FLRA 0-AR-1594): Uniform change time grievance denied

Two housekeeping aides at the Leavenworth VA Medical Center received counseling letters after changing out of their uniforms before their shift ended. Their union argued that the labor agreement allowed paid cleanup time and asked to have the letters removed. An arbitrator found that neither the…

January 24, 1990 ·FLRA
Upheld
COMM

Veterans Administration Medical Center, Richmond, Virginia and American Federation of Government Employees, Local 2145

Richmond VA Medical Center (FLRA 0-AR-1559): Pharmacist pay award stands

The Richmond VA Medical Center appointed some pharmacists at pay steps above the minimum for their grades. The union grieved, alleging that management abused its discretion, but an arbitrator found no proven wrongdoing and denied the grievance. Both sides filed exceptions. The Authority dismissed…

January 24, 1990 ·FLRA
Upheld
ALJ

Kent Coal Mining Company

Training citations and orders vacated

Kent Coal Mining Company operated the Kent No. 55 surface coal mine, where four contract drillers were working without site-specific hazard training before starting work. MSHA issued four hazard orders and four related citations under its training regulations. Judge Roy J. Maurer found that the two…

January 23, 1990 ·Roy J. Maurer ·FMSHRC
Citations vacated
ALJ

Adams Stone Corporation

Corrected supplemental decision adds interest and penalty

Adams Stone Corporation had previously been ordered to pay back wages and other benefits to Fred Bartley in a Mine Act discrimination case. In this corrected supplemental decision, Judge James A. Broderick credited the company for a $9,438 payment already made and calculated $316.75 in interest…

January 23, 1990 ·James A. Broderick ·FMSHRC
Other
COMM

U.S. Department of the Army, Headquarters, 101st Airborne Division, Fort Campbell, Kentucky and American Federation of Government Employees, Local 2022

Fort Campbell 101st Airborne Division (FLRA 0-AR-1771): Boiler operator selection upheld

An employee at Fort Campbell grieved when he was not selected for a WG-10 boiler plant operator position. The arbitrator found that he lacked some required qualifications and that the selected employee was best qualified, so the selection complied with the labor agreement. The union argued that the…

January 23, 1990 ·FLRA
Upheld
COMM

Department of the Army, Aberdeen Proving Ground and International Association of Machinists and Aerospace Workers, Aberdeen Lodge No. 2424

Aberdeen Proving Ground (FLRA 0-AR-1677): Reconsideration of filing deadline denied

The Army's exceptions to an arbitration award were postmarked one day after the filing deadline, and the Authority dismissed them. Aberdeen Proving Ground asked for reconsideration, explaining that it had put the papers into its internal mail system on the deadline day. The Authority held that the…

January 23, 1990 ·FLRA
Procedural
ALJ

Peabody Coal Company

Berm citation modified and penalty reduced

Peabody Coal Company operated the Big Sky Mine, where coal trucks and other vehicles used an elevated bench near a 15 to 20 foot drop. Judge Michael A. Lasher, Jr. found that the bench was an elevated roadway and that the inadequate berm violated the Mine Act's safety standard. He removed the…

January 22, 1990 ·Michael A. Lasher, Jr. ·FMSHRC
Modified
ALJ

Central Concrete Products

Two safety citations affirmed

Central Concrete Products operated a sand and gravel site with a front-end loader and a primary screen work area. Judge John J. Morris found that the loader's inoperative back-up alarm violated the audible-warning requirement, and that broken boards and ladder rails did not provide safe access to…

January 22, 1990 ·John J. Morris ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 1931, Naval Weapons Station Concord and Marc S. Carpenter

AFGE Local 1931 at Concord (FLRA 9-CO-70001): Union complaint dismissed

At Naval Weapons Station Concord, a fire captain made comments critical of the union during a crew meeting. The union president asked an assistant fire chief to speak to him and said that, if the comments continued, he would “start pushing papers.” A complaint alleged that the union threatened the…

January 22, 1990 ·FLRA
Upheld
COMM

Department of the Army, Headquarters, XVIII Airborne Corps and Fort Bragg and American Federation of Government Employees, Local 1770

Fort Bragg (FLRA 4-CA-70874): Promotion file must be provided to union

At Fort Bragg, a union requested the promotion file for a nonbargaining unit vacancy to decide whether to grieve the ranking of a bargaining unit applicant. The Army refused, arguing that a grievance about a nonunit position would not be grievable. An administrative law judge found the file…

January 22, 1990 ·FLRA
Upheld
COMM

Department of Health and Human Services, Social Security Administration, New York Region and American Federation of Government Employees

Social Security Administration, New York Region (FLRA 2-CA-80006): Steward reprimand complaint dismissed

A supervisor issued a written reprimand to a Social Security Administration union steward for alleged disobedience and insubordination. An unfair labor practice complaint alleged that the reprimand violated the federal labor statute. An administrative law judge found no violation and recommended…

January 22, 1990 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs, Veterans Administration Medical Center, Chillicothe, Ohio and American Federation of Government Employees, Local 1631

Chillicothe VA Medical Center (FLRA 0-AR-1723): Suspension award upheld

A Chillicothe VA Medical Center employee received a 14-day suspension after an investigation of an incident in which another employee struck a patient. The arbitrator found that the grievant had concealed material facts in two statements about what he witnessed and that the suspension was for just…

January 22, 1990 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs, Veterans Administration Medical Center, Gainesville, Florida and American Federation of Government Employees, Local 2779

Gainesville VA Medical Center (FLRA 0-AR-1720): Roof coating assignment upheld

A carpenter at the Gainesville VA Medical Center objected to applying aluminum roof coating with brushes and rollers, saying the task belonged to painters. An arbitrator found that the work was roof repair within the carpenter's position description and denied the grievance. The union argued that…

January 22, 1990 ·FLRA
Upheld
COMM

Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23

Scott Air Force Base (FLRA 0-AR-1668): Performance rating award upheld

A logistics management specialist at Scott Air Force Base grieved a fully successful performance rating, arguing that his work warranted the excellent rating he had received the previous year. An arbitrator found that the supervisor had adequate opportunity to assess the work and that the rating…

January 22, 1990 ·FLRA
Upheld
COMM

U.S. Army Reserve Personnel Center and American Federation of Government Employees, Local Union No. 900

Army Reserve Personnel Center (FLRA 0-AR-1662): Late rating grievance remains dismissed

An Army Reserve Personnel Center employee grieved the rating she received when applying for a Military Personnel Staffing Technician job. She had first discussed the rating informally with supervisors, then filed a formal grievance in December 1987. An arbitrator found that the grievance missed the…

January 22, 1990 ·FLRA
Upheld
COMM

Bureau of Indian Affairs, Navajo and Albuquerque Area Offices and National Council of Bureau of Indian Affairs Educators and Overseas Education Association

Bureau of Indian Affairs educator units (FLRA 6-RA-80002): Intervention review denied

The Interior Department filed petitions questioning whether a union still represented educators in Bureau of Indian Affairs units in the Navajo and Albuquerque areas. The Overseas Education Association sought to intervene, claiming it was the incumbent representative. A regional director denied…

January 19, 1990 ·FLRA
Upheld
COMM

Bureau of Indian Affairs, Navajo and Albuquerque Areas and National Council of Bureau of Indian Affairs Educators

Bureau of Indian Affairs educator units (FLRA 6-AC-70006): Reconsideration denied

The Interior Department sought to reopen an Authority decision concerning educator bargaining units in the Bureau of Indian Affairs' Navajo and Albuquerque areas. That earlier decision upheld amendments reflecting the educators' union's change of affiliation and dismissed Interior's petitions…

January 19, 1990 ·FLRA
Procedural
COMM

Veterans Administration Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933

Allen Park VA Medical Center (FLRA 5-CU-90002): Review granted on foreman status

A regional director excluded the second shift medical equipment repairer foreman at the Allen Park VA Medical Center from the bargaining unit as a supervisor. The union sought review, disputing whether the foreman consistently exercised independent judgment in supervisory duties. The Authority…

January 19, 1990 ·FLRA
Procedural
COMM

North Carolina Army National Guard and Association of Civilian Technicians and National Association of Government Employees Locals R5-98, R5-99, R5-105, R5-112, and R5-121

North Carolina Army National Guard (FLRA 4-R0-80020): Election petition dismissed

The Association of Civilian Technicians sought an election among North Carolina Army National Guard employees represented by NAGE locals. It submitted authorization cards based on an estimated unit of 510 employees, but the undisputed actual unit had 705. The Authority granted review to clarify…

January 19, 1990 ·FLRA
Upheld
COMM

Defense Mapping Agency, Hydrographic/Topographic Center, Louisville Office and National Federation of Federal Employees, Local 1482

Defense Mapping Agency Louisville (FLRA 4-CU-80021): Cartographer unit review granted

A regional director included cartographer project leaders and project directors at the Defense Mapping Agency's Louisville office in a bargaining unit. The agency challenged only the inclusion of project leaders, who had been specifically excluded from an earlier unit certification. The Authority…

January 19, 1990 ·FLRA
Procedural
COMM

U.S. Small Business Administration and American Federation of Government Employees, Local 2532 and Council 228

Small Business Administration (FLRA 3-CU-80025): Unit exclusions upheld

An AFGE union sought to add groups of Small Business Administration employees to an existing nationwide bargaining unit. A regional director included certain loan service and civil rights employees but excluded employees in the Office of Inspector General and Disaster Assistance Division. The union…

January 19, 1990 ·FLRA
Upheld
COMM

Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, SSA General Committee

Social Security Administration (FLRA 0-AR-1718): Early arbitration exceptions dismissed

The Social Security Administration expanded a processing method before bargaining with the union over its effects. An arbitrator partly sustained the union's grievance and ordered negotiations, while keeping open whether employees had suffered damages and whether he could order a make-whole remedy…

January 19, 1990 ·FLRA
Procedural
COMM

U.S. Air Force Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local 916

Tinker Air Force Base (FLRA 0-AR-1582): Reprimand for union activity rescinded

A union official at Tinker Air Force Base was reprimanded after refusing at first to leave a work area while serving unfair labor practice charges on supervisors. An arbitrator upheld the reprimand, reasoning that the employee should have obeyed an order and grieved later. The Authority found that…

January 19, 1990 ·FLRA
Set aside
ALJ

Mettiki Coal Company

Citation vacated and case dismissed

The Secretary moved to vacate Citation No. 3110387 in a civil penalty proceeding against Mettiki Coal Company. Judge William Fauver granted the motion for good cause. The case was dismissed, and the decision does not state the underlying safety standard or provide further facts about the citation.

January 18, 1990 ·William Fauver ·FMSHRC
Citations vacated
COMM

U.S. Department of Energy, Western Area Power Administration and International Brotherhood of Electrical Workers Government Coordinating Council No. 1 and Locals 640, 1245, 1759, 1959, and 2159

Western Area Power Administration (FLRA 7-CA-90123): Supervisory wage complaints dismissed

The union charged that the Western Area Power Administration failed to pay a negotiated wage increase to employees in Supervisory Craftsman positions and that the Department of Energy interfered with bargaining by advising against payment. During the case, a federal appeals court held that those…

January 18, 1990 ·FLRA
Set aside
COMM

U.S. Department of Energy, Western Area Power Administration and International Brotherhood of Electrical Workers Government Coordinating Council No. 1 and Locals 640, 1245, 1759, 1959, and 2159

Western Area Power Administration (FLRA 7-CA-80390): Supervisory pay cap complaint dismissed

Western Area Power Administration paid Supervisory Craftsmen a two percent increase for part of 1988 instead of the 6.1 percent increase negotiated for bargaining unit employees. The union alleged that WAPA repudiated the agreement and that the Department of Energy interfered with bargaining by…

January 18, 1990 ·FLRA
Set aside
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 (FLRA 0-AR-1717): Tool marking suspension upheld

A tool crib attendant at Hill Air Force Base received a five-day suspension after issuing 25 screwdrivers without required identification markings. An arbitrator found just cause, noting prior instructions, counseling, and a shorter suspension for similar conduct. The union challenged the…

January 18, 1990 ·FLRA
Upheld
COMM

U.S. Immigration and Naturalization Service and American Federation of Government Employees, Local 1917

Immigration and Naturalization Service (FLRA 0-AR-1653): Official time grievance denied

A union official asked the Immigration and Naturalization Service to convert two days of annual leave used for union work into official time and to grant compensatory time for weekend union duties. An arbitrator found that she had not proved requests for official time on the two leave days or…

January 18, 1990 ·FLRA
Upheld
COMM

NASA George C. Marshall Space Flight Center and Marshall Engineers and Scientists Association, International Federation of Professional and Technical Engineers

Marshall Space Flight Center (FLRA 0-AR-1647): Performance appraisal upheld

A Marshall Space Flight Center employee challenged a highly successful performance appraisal after two job elements were rated as meeting rather than exceeding requirements. The arbitrator found that the evidence did not establish performance above the requirements and rejected a claim of…

January 18, 1990 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs, Medical Center, Birmingham, Alabama and American Federation of Government Employees, Local 2207

Birmingham VA Medical Center (FLRA 0-AR-1628): Part-time work restriction struck

At the Birmingham VA Medical Center, the union grieved the assignment of extra hours to part-time employees before overtime for full-time employees and the failure to provide requested job descriptions. An arbitrator rejected the scheduling claim but ordered management not to give part-time…

January 18, 1990 ·FLRA
Modified
COMM

U.S. Department of the Treasury, Internal Revenue Service, Memphis Service Center and National Treasury Employees Union

IRS Memphis Service Center (FLRA 0-AR-1586): Tax record suspension upheld

An IRS Memphis Service Center employee received a three-day suspension after improperly accessing another employee's tax records and failing to report the access. An arbitrator found the conduct serious and the penalty consistent with discipline imposed in comparable cases. The union argued that…

January 18, 1990 ·FLRA
Upheld
COMM

U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476

HUD and AFGE Local 476 (FLRA 3-CU-90003): Late unit review remains dismissed

HUD sought review of a regional director's clarification of bargaining unit, but the Authority dismissed its application as late. HUD then asked for reconsideration and a stay, arguing that it relied on the regional director's incorrect filing deadline. The Authority called that instruction…

January 17, 1990 ·FLRA
Procedural
COMM

U.S. Department of the Army, Army Reserve Personnel Center and American Federation of Government Employees, Local 900

Army Reserve Personnel Center (FLRA 0-AR-1652): Temporary employee's termination award upheld

An Army Reserve Personnel Center temporary employee was terminated after an arbitrator found that she was absent without leave following an approved period of leave without pay. The union challenged the award, arguing that the employee was denied a chance to grieve and still had approved leave…

January 17, 1990 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Long Beach Naval Shipyard, Long Beach, California and Federal Employees Metal Trades Council

Long Beach Naval Shipyard (FLRA 0-AR-1624): Overtime pay remedy struck

A Long Beach Naval Shipyard employee was removed from a scheduled sea trial without notice and worked a regular shift instead. An arbitrator found that the shipyard violated its labor agreement and ordered payment for 19½ hours of overtime the employee expected to work. The Authority held that the…

January 17, 1990 ·FLRA
Modified
COMM

U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 1122

Social Security Administration (FLRA 0-AR-1617): Performance rating award returned for clarification

A Social Security Administration benefit authorizer challenged a satisfactory rating for one job task, and an arbitrator ordered the agency to raise it to excellent. The arbitrator found that the employee met the accuracy threshold, but also criticized the agency's use of supervisory observations…

January 17, 1990 ·FLRA
Remanded
COMM

U.S. Department of the Air Force, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia and American Federation of Government Employees, Local 987

Warner Robins Air Logistics Center (FLRA 0-AR-1591): Ten-day suspension award upheld

A sheet metal mechanic leader at Warner Robins Air Logistics Center was suspended for ten days after management found him absent from his assigned work area. The union argued that he had been working in another area and that the arbitrator improperly required the employee to prove his own…

January 17, 1990 ·FLRA
Upheld
COMM

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

Air Force Logistics Command (FLRA 0-AR-1646): Oral admonishment award upheld

An Air Force Logistics Command employee received an oral admonishment and 16 hours of absence without leave after sending a coworker with a sick leave note. An arbitrator removed the absence charge but allowed the admonishment to stand. The union argued that sustaining the admonishment was…

January 16, 1990 ·FLRA
Upheld
ALJ

Mettiki Coal Company

Ventilation order vacated and other violations affirmed

Mettiki Coal Company faced consolidated proceedings involving ventilation, hoist-cable, and roof-control issues at the Mettiki Mine. Judge William Fauver vacated the order alleging that the mine's ventilation plan was violated because the cited areas carried intake air and complied with the plan…

January 12, 1990 ·William Fauver ·FMSHRC
Mixed result
ALJ

Mettiki Coal Company

Safeguard, citation, and order vacated

Mettiki Coal Company was cited after an inspector found water and mud in approaches to mine seals and issued a safeguard requiring clear, safe travelways. The ALJ found that the safeguard addressed a hazard common to underground mines and had bypassed the formal rulemaking process used for…

January 12, 1990 ·William Fauver ·FMSHRC
Citations vacated

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.