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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Cargill, Inc.
Wilbur Hartley v. Cargill, Inc. (FMSHRC YORK 89-41-DM): Complaint dismissed by default
Wilbur Hartley's discrimination proceeding against Cargill, Inc. concerned the Cargill Salt Mine. The Judge had ordered Hartley to file a prehearing statement after continuing the proceeding and later issued a show-cause order when the statement was not filed. Hartley did not respond to the…
Mettiki Coal Corporation
Both citations vacated
Mettiki Coal Corporation operated the Mettiki Mine, where miners used track-mounted personnel carriers and belt conveyors. The ALJ vacated a citation concerning a parked personnel carrier because the underlying safeguard was invalid and the Secretary was collaterally estopped from relitigating that…
Mettiki Coal Corporation
Settlement approved and contest dismissed
Mettiki Coal Corporation and the Secretary proposed a settlement covering a civil penalty proceeding and a related citation contest. Judge William Fauver approved the settlement, modified Citation No. 3110113 to remove its significant and substantial designation, and assessed $100 for that…
Amherst Coal Company
Denny Roger Thompson v. Amherst Coal Company (FMSHRC WEVA 86-196-D): Discrimination proceeding dismissed
Denny Roger Thompson's discrimination proceeding against Amherst Coal Company had been stayed while related West Virginia court proceedings continued. After Thompson failed to file the quarterly status reports required by the stay orders, the Judge issued orders to show cause and sent the later…
National Gypsum
Michael J. Grafton v. National Gypsum (FMSHRC LAKE 89-72-DM): Discrimination complaint dismissed
Michael J. Grafton alleged that National Gypsum discriminated against him after he raised concerns about mine fire evacuation procedures and received discipline related to equipment incidents. The Judge found that Grafton engaged in protected activity when he questioned the evacuation training, but…
U.S. Department of the Army, Lexington-Blue Grass Army Depot, Lexington, Kentucky and Mary H. Salisbury
Lexington-Blue Grass Army Depot (FLRA 4-CA-80085): Union office removal violated bargaining duty
Lexington-Blue Grass Army Depot removed AFGE Local 894 from office space it had used without first giving notice and a chance to bargain. An administrative law judge found that this changed an established working condition and violated the federal labor statute. The Authority rejected the depot's…
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-80031, 3-CU-80032): Review granted on four employees' unit status
AFGE sought to add several HUD employees to its nationwide bargaining unit, and a regional director included four employees whose status HUD contested. The Authority found that the regional director had not addressed HUD's claimed statutory exclusions for one employee or made specific findings for…
U.S. Department of Veterans Affairs, Washington, D.C. and Medical and Regional Office Center, Togus, Maine and American Federation of Government Employees, Local 2610
VA Togus Medical Center (FLRA 1-CA-70068, 1-CA-70069): Nurse promotion bargaining complaints dismissed
AFGE alleged that the VA Togus Medical Center changed nurse promotion qualifications without notice or bargaining. An administrative law judge found a bargaining violation for one change and recommended dismissal of the other allegation. The Authority applied a federal appellate ruling that the VA…
U.S. Department of the Army, Headquarters, 7th Signal Command, Fort Ritchie, Maryland and National Federation of Federal Employees, Local 1153
Fort Ritchie 7th Signal Command (FLRA 0-AR-1654): Sick leave for child care upheld
A Fort Ritchie employee requested sick leave to care for her young son while he had chickenpox, but the Army required her to use annual leave. An arbitrator awarded her 40 hours of sick leave based on the applicable federal leave rules and Pennsylvania's exclusion of children with chickenpox from…
U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Petersburg, Virginia and American Federation of Government Employees, Council of Prison Locals, Local 2052
Petersburg Federal Correctional Institution (FLRA 0-AR-1614): Five-day suspension upheld
A Petersburg federal prison employee was suspended for five days after an incident involving his supervisor and an absence from work. An arbitrator found disrespectful conduct, failure to follow instructions, and absence without leave. The union argued that the employee had been denied access to…
U.S. Department of the Army, Pine Bluff Arsenal, Pine Bluff, Arkansas and American Federation of Government Employees, Local 953
Pine Bluff Arsenal (FLRA 0-AR-1592): Workweek change award upheld
Pine Bluff Arsenal divided a production division into two crews with different four-day workweeks to improve efficiency and reduce overtime. An arbitrator found that the labor agreement gave the union no veto over the change and denied its grievance. The union challenged the hearing as unfair and…
Panama Canal Commission and Panama Area Metal Trades Council
Panama Canal Commission (FLRA 0-AR-1579): Holiday overtime denial upheld
A Panama Canal Commission time and leave clerk worked the observed July 4 holiday and then reported again on July 4 after seeing that date on an approved work request. She sought two hours of overtime for the second trip. An arbitrator found that the form concerned holiday work on July 3 and that…
Michigan Air National Guard, Selfridge ANG Base, Michigan and Association of Civilian Technicians, Michigan State Council
Michigan Air National Guard (FLRA 0-AR-1534): Temporary duty reconsideration denied
The Authority previously set aside an award involving a Michigan Air National Guard technician who was denied a temporary duty assignment under the agency's weight requirements. The union sought reconsideration, arguing that the agency had waived its right to set those qualifications through the…
American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Health Care Financing Administration, Baltimore, Maryland
Health Care Financing Administration (FLRA 0-AR-1530): Promotion award reconsideration denied
An arbitrator ordered the Health Care Financing Administration to promote an employee when a suitable vacancy arose after finding that it had failed to give her required priority consideration. The Authority had already denied the agency's exceptions. The agency sought reconsideration, arguing that…
Texas Utilities Mining, Co.
Citation modified and penalty reduced
Texas Utilities Mining, Co. was cited after an inspector found clutter, hoses, metal, rope, and a container on a dragline walkway, along with a rope across an access ladder. The operator admitted the violation and its significant and substantial designation but disputed the finding of unwarrantable…
U.S. Department of the Army, Savanna Army Depot Activity, Savanna, Illinois and National Federation of Federal Employees and National Association of Government Employees
Savanna Army Depot (FLRA 5-RO-80010): Election objections rejected; runoff proceeds
Neither NFFE nor incumbent NAGE won a majority in a representation election at Savanna Army Depot, so the regional director ordered a runoff. NAGE objected to an NFFE campaign flyer distributed shortly before the vote and sought review and a stay. The Authority found that the flyer contained…
Florida National Guard, St. Augustine, Florida and National Association of Government Employees, Local R5-120, SEIU
Florida National Guard (FLRA 4-AC-90004): Local union merger recognition upheld
NAGE sought to change the recognized representative at a Florida National Guard aviation unit from Local R5-107 to Local R5-120 after the locals merged. A regional director granted the amendment, and the Guard sought review, arguing that mergers were no longer permitted, that the vote was…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 3-CU-80011): Three employee unit questions returned
AFGE sought to add employees in HUD's Office of Personnel and Training to its bargaining unit, and HUD challenged the regional director's decision to include 32 of them. The Authority rejected HUD's factual objections for 29 employees. For three others, it found that the regional director had not…
Naval Plant Representative Office and National Association of Government Employees, Local R1-143
Naval Plant Representative Office (FLRA 0-AR-1648): Late reassignment grievance remains dismissed
A Naval Plant Representative Office employee grieved a position change after receiving written notice on his return from leave. An arbitrator found that management had informed him of the change earlier in a meeting and that the grievance missed the labor agreement's 15-workday filing limit. The…
Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard (FLRA 0-AR-1568): One-day suspension award upheld
A Norfolk Naval Shipyard electrical worker took approved annual leave for a medical appointment but returned with a doctor's certificate whose signature his supervisor could not read. An arbitrator sustained a one-day suspension for failure to meet the approval condition, while changing a related…
Morgan Corporation
Fatal equipment accident, citation affirmed, $1,000 penalty assessed
Morgan Corporation was an independent contractor performing construction work at a surface gold mine. A pan scraper operator backed over a spotter who was working near the machine, and the spotter died at the scene. Judge George A. Koutras found that the operator did not make certain by signal or…
U.S. Department of the Air Force, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916
Tinker Air Force Base (FLRA 0-AR-1635): Late written grievance remains dismissed
Tinker Air Force Base suspended an employee for five days, and the union filed a written grievance after the labor agreement's 20-day deadline. An arbitrator dismissed the grievance without deciding whether the suspension was justified. The union argued that the agency itself had issued the…
Great Western Coal, Inc.
Randy J. Collier v. Great Western Coal, Inc. (FMSHRC KENT 89-198-D): Discrimination proceeding dismissed
Randy J. Collier alleged that Great Western Coal discharged him because he had complained about unsafe equipment and working conditions. Judge James A. Broderick found that Collier's complaints about broken steps, heat, dust, steering, windshield wipers, and truck doors were protected activity. The…
U.S. Department of Veterans Affairs, Washington, D.C. and Medical and Regional Office Center, Fargo, North Dakota and American Federation of Government Employees
Fargo VA Medical Center (FLRA 7-CA-80006): Nurse records complaint dismissed
AFGE requested Fargo VA Medical Center records about review of newly hired nurses to investigate a potential grievance. An administrative law judge found that the VA's refusal to provide the records was an unfair labor practice. The Authority disagreed, applying a federal appellate ruling that the…
American Federation of Government Employees, Local 3884 and U.S. Department of Veterans Affairs, Medical and Regional Office Center, Fargo, North Dakota
Fargo VA Medical Center (FLRA 0-NG-1697, 0-NG-1698): Nurses' negotiability appeals dismissed
AFGE Local 3884 proposed bargaining over incident reporting and nursing documentation rules for registered nurses at the Fargo VA Medical Center. The VA said that it had no duty to bargain over those nurses' working conditions. Applying a federal appellate ruling and the VA's title 38 authority…
American Federation of Government Employees, Local 3404 and U.S. Department of the Army, Army Materials and Mechanics Research Center, Watertown, Massachusetts
Army Materials and Mechanics Research Center (FLRA 0-AR-1711): Property suspension upheld
An employee at the Army Materials and Mechanics Research Center received a 14-day suspension after placing government snow shovels in his car for personal use without authorization. An arbitrator found substantial evidence of unauthorized possession and held that the suspension was within the…
National Treasury Employees Union, Chapter 48 and U.S. Department of the Treasury, Internal Revenue Service, Richmond, Virginia
IRS Richmond District (FLRA 0-AR-1630): Separate seasonal recall rosters upheld
The IRS Richmond District put seasonal GS-3 and GS-4 taxpayer service employees on one recall roster and used training scores to call some GS-3 employees back before GS-4 employees. An arbitrator found that the parties' agreements required separate rosters by grade and ordered backpay for GS-4…
U.S. Department of Veterans Affairs, Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85
Leavenworth VA Medical Center (FLRA 0-AR-1611): Grievance response award upheld
An employee at the Leavenworth VA Medical Center grieved the cancellation of a vacancy notice. The union argued that management's response at the second grievance step was late and that the grievance should therefore be granted. An arbitrator found credible evidence that management delivered its…
U.S. Department of the Army, Armor Center, Fort Knox, Kentucky and American Federation of Government Employees, Local 2302
Fort Knox Armor Center (FLRA 0-AR-1608): Detail violation finding upheld
Fort Knox assigned a WG-10 employee to cover a WG-11 employee's planned absence. An arbitrator found that using the agreement's detail procedure for this anticipated vacancy violated the labor agreement, but he ordered no money or future change in assignments. The Army argued that the award…
U.S. Department of Defense, Army and Air Force Exchange Service, Fort Worth General Merchandise Distribution Activity and American Federation of Government Employees, Local 2965
Fort Worth Exchange Service (FLRA 0-AR-1585): Agency grievance timing ruling upheld
The Fort Worth Army and Air Force Exchange Service grieved a union steward's attempt to discourage an employee complaint. An arbitrator found that the agency could file a grievance and was not bound by the agreement's filing deadline, but also found that the steward had not violated the agreement…
U.S. Department of the Navy and International Association of Machinists and Aerospace Workers, District Lodge 110
Department of the Navy (FLRA 0-AR-1560): Three-day suspension award upheld
The Navy suspended an employee for three days after finding that he disobeyed directions about a parking decal and unsettled travel claims. An arbitrator found the suspension reasonable. The union argued that the Navy had not provided a supervisor's written recommendation for a lesser reprimand…
A. H. Smith Stone Company
Default entered and case dismissed
A. H. Smith Stone Company failed to timely answer a show cause order in a civil penalty proceeding involving its Branchville Mine. Judge Paul Merlin considered the operator's explanations that research would be difficult because former employees were unavailable and that the order had been…
Beaver Creek Coal Company
One citation affirmed and one vacated
Beaver Creek Coal Company was cited after an inspector found a narrow man door and steps in an alternate escapeway and also found that two crosscuts had not been rock dusted. Judge John J. Morris affirmed the escapeway citation, finding that the passage did not ensure safe travel for miners…
Tarmann v. International Salt Company
Kathleen I. Tarmann v. International Salt Company (FMSHRC LAKE 89-56-DM): Dismissal vacated and case remanded
An ALJ dismissed Kathleen I. Tarmann's discrimination proceeding after being told that the parties had settled and after Tarmann did not respond to an order to show cause. Tarmann's counsel later said that no settlement had been reached and asked that the case be reinstated, while International…
Evansville Materials, Inc.
Safe access violation affirmed and $58 penalty assessed
Evansville Materials operated a sand and gravel dredging business at the Rockport Plant. MSHA cited the company after an inspector found no safe means of access between a work boat and a dredge, where workers had to climb about three feet without a handhold. Judge George A. Koutras found that the…
B & M Sand & Gravel Company
Settlement approved and penalty reduced
B & M Sand & Gravel Company was involved in a civil penalty proceeding concerning its Ennis Plant. The Secretary moved to approve a settlement, vacate Citation No. 3281506, and reduce the penalty for the remaining citations from $1,075 to $806.25. Judge Gary Melick found the settlement appropriate…
U.S. Department of Agriculture, Food and Nutrition Service, Alexandria, Virginia and National Treasury Employees Union
USDA Food and Nutrition Service (FLRA 3-CU-90013): Computer specialist remains in bargaining unit
The National Treasury Employees Union sought to include a Food and Nutrition Service computer security specialist in its bargaining unit. The agency argued that his security advice and responsibilities made him a management official. The regional director found that he mainly implemented policy…
U.S. Department of the Air Force, Scott Air Force Base, Illinois and National Association of Government Employees, Local R-7-23
Scott Air Force Base (FLRA 0-AR-1563): Late arbitration submission remains dismissed
A Scott Air Force Base employee grieved a three-day suspension, but the union did not place the dispute before the arbitrator within the labor agreement's required period after receiving available hearing dates. The arbitrator dismissed the grievance without deciding the suspension. The union…
U.S. Department of Labor, Pension and Welfare Benefits Administration and National Union of Pension Investigators and Auditors and National Council of Field Labor Locals, American Federation of Government Employees
Labor Department Pension and Welfare Benefits Administration (FLRA 3-RO-80018): Union eligibility review granted
AFGE sought to add Labor Department pension investigators and auditors to its bargaining unit and to intervene in a separate petition by another union. A regional director rejected both requests because an earlier Authority decision treated the employees' work under ERISA as subject to a statutory…
U.S. Department of the Treasury, U.S. Customs Service and National Treasury Employees Union
U.S. Customs Service (FLRA 0-MC-15): Ground rules mediation continues
The U.S. Customs Service asked the Authority to stop a Federal Service Impasses Panel meeting about ground rules for negotiations with NTEU. It argued that a pending unfair labor practice charge involved related issues. The Authority found that Customs had not shown unusual circumstances justifying…
U.S. Department of Veterans Affairs, Medical Center, Danville, Illinois and American Federation of Government Employees, Local 1963
Danville VA Medical Center (FLRA 0-AR-1566): Nurse reassignment exceptions dismissed
A Danville VA Medical Center nurse challenged an involuntary ward reassignment made after an investigation of alleged patient abuse. An arbitrator found that the VA violated the parties' agreement and ordered the reassignment rescinded. The VA asked the Authority to set aside that award as an…
Occidental Chemical Company
Settlement accepted and discrimination case dismissed
Richard W. Haviland brought a discrimination proceeding against Occidental Chemical Company concerning his discharge from employment at the Swift Creek Mine. The Secretary moved to withdraw the complaint after the parties reached a settlement that provided for compensation, restored fringe…
California Portland Cement Company
Railcar citation affirmed and $600 penalty assessed
California Portland Cement Company operated the Mojave Cement Plant, where seven parked railcars rolled down a track and seriously injured a welder. Judge John J. Morris found that the railcars were not securely blocked even though the brakes held them for several hours, because air leakage and a…
Mathies Coal Company
Back pay and litigation expenses ordered
Joseph G. Delisio and Mathies Coal Company stipulated to the amount of back pay with interest and litigation expenses after an earlier decision on liability. Judge William Fauver ordered the company to pay $99 in back pay with accrued interest and $2,000 in litigation expenses, including a…
U.S. Department of the Army, U.S. Army Plant Representative Office, Mesa, Arizona and American Federation of Government Employees, Local 3973
Army Plant Representative Office Mesa (FLRA 8-CU-90008): Secretary's unit status under review
A regional director included a secretary at the Army Plant Representative Office in Mesa in an AFGE bargaining unit, finding that she did not perform confidential labor relations work. The Army challenged the finding that she would not support management's negotiating team and argued that the…
U.S. Department of the Treasury, U.S. Customs Service, Region IX, Chicago, Illinois and National Treasury Employees Union
Customs Service Region IX (FLRA 5-CA-30046): Late exceptions remain rejected
NTEU filed exceptions to an administrative law judge's decision in a Customs Service unfair labor practice case one day after the extended deadline. The Authority had adopted the judge's decision without precedential effect because of the late filing. NTEU sought reconsideration and a waiver…
U.S. Department of the Army, Watervliet Arsenal, Watervliet, New York and National Federation of Federal Employees, Local 2109 and National Association of Government Employees, Local R2-98
Watervliet Arsenal (FLRA 1-R0-90003): Election may proceed despite labor agreement
NFFE petitioned for an election among Watervliet Arsenal employees represented by NAGE. NAGE argued that its labor agreement barred the petition. The regional director found that the agreement took effect automatically after agency review but did not state its effective date, so it did not bar the…
Federal Professional Nurses Association, Local 2707 and U.S. Department of Health and Human Services, Federal Employees Occupational Health, Region III
Federal Employees Occupational Health (FLRA 0-NG-1750): Negotiability appeal dismissed after withdrawal
The Federal Professional Nurses Association sought Authority review after Federal Employees Occupational Health said one of eight union proposals was not negotiable. The agency then withdrew that objection and said it regarded the other proposals as negotiable. The union argued that a dispute…
American Federation of Government Employees, Local 2904 and U.S. Department of the Navy, U.S. Marine Corps Financial Center, Kansas City, Missouri
Marine Corps Financial Center (FLRA 0-AR-1784): Removal exception dismissed
A Marine Corps Financial Center employee signed a last chance agreement that delayed a proposed removal while she sought help for alcohol related problems. The center later removed her for violating the agreement. An arbitrator found the agreement valid and dismissed her grievance. The union argued…
U.S. Department of Justice, Immigration and Naturalization Service, Baltimore, Maryland and National Immigration and Naturalization Service Council, American Federation of Government Employees
Baltimore Immigration and Naturalization Service (FLRA 0-AR-1709): Attorney fee exception dismissed
An arbitrator reduced an Immigration and Naturalization Service employee's 30-day suspension to a reprimand and ordered backpay, but denied the union's later request for attorney fees. The union challenged that supplemental fee award before the Authority. The Authority found the exception timely…
U.S. Department of the Army, Army Reserve Personnel Center, St. Louis, Missouri and American Federation of Government Employees, Local 900
Army Reserve Personnel Center (FLRA 0-AR-1684): Removal award exception dismissed
An arbitrator ordered an Army Reserve Personnel Center employee reinstated after finding that removal was too severe, but did not award backpay. The union asked the Authority to add backpay. The Authority held that it could not review an arbitration award concerning an employee removal, even though…
U.S. Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington and Bremerton Metal Trades Council
Puget Sound Naval Shipyard (FLRA 0-AR-1593): Removal award exception dismissed
Puget Sound Naval Shipyard removed an employee after an investigation involving an injury and related claims. An arbitrator found the five disciplinary charges substantially proven and denied the grievance. The union argued that the arbitrator applied the wrong standard of proof. The Authority held…
U.S. Department of Defense, Dependents Schools, Mediterranean Region and Overseas Federation of Teachers
DoD Dependents Schools Mediterranean Region (FLRA 0-AR-1575): Classroom heat remedy upheld
Teachers at an American elementary school in Athens grieved high classroom heat and road noise. An arbitrator rejected the noise claim but found that requiring a normal school day at 95 degrees violated the labor agreement. His remedy called for a health officer to assess conditions at that…
Sanger Rock & Sand
Late interrogatories denied
Sanger Rock & Sand asked to file interrogatories after the evidence had closed in two civil penalty proceedings. Judge John J. Morris explained that the Commission's discovery rules are designed to begin discovery early and generally complete it before the evidentiary hearing. He denied the request…
U.S. Department of the Interior, Bureau of Indian Affairs, Rosebud, South Dakota and National Federation of Federal Employees, Council of Consolidated Bureau of Indian Affairs Locals
BIA Rosebud Agency (FLRA 7-R0-80011): Mail ballot election upheld
Three of about 17 eligible employees at the BIA Rosebud Agency voted by mail ballot, and all three supported joining an NFFE bargaining unit. The agency objected that turnout was too low to make the election valid and blamed the mail ballot method. The Authority found that the agency had agreed to…
U.S. Department of Veterans Affairs, Washington, D.C., Medical Center, Chicago, Illinois, Veterans Affairs Independent Union, and Service Employees International Union
Chicago VA Medical Center (FLRA 5-R0-80011): Independent union's eligibility under review
The Veterans Affairs Independent Union petitioned to represent employees at a Chicago VA medical center. A regional director dismissed the petition, finding that the union lacked a documented process for collecting dues and therefore did not meet the statutory definition of a labor organization…
Federal Deposit Insurance Corporation and National Treasury Employees Union
FDIC field employees (FLRA 3-RO-80012): Temporary staff included in election unit
The FDIC challenged an election unit that included about 3,500 liquidation graded employees alongside permanent employees in its field offices. It argued that the temporary jobs would disappear as its operations changed. The Authority agreed with the Regional Director that many of these employees…
U.S. Department of Veterans Affairs, Martinsburg, West Virginia and Addie V. Murphy
Martinsburg VA (FLRA 3-CU-90007): Individual's unit petition review granted
Addie Murphy filed a petition to clarify a bargaining unit at the Martinsburg VA. A regional director dismissed it because the regulation allowed such petitions from an agency or recognized union, and Murphy filed as an individual. The Authority found a substantial question about whether applying…
U.S. Department of Labor, Office of the Solicitor, Arlington Field Office and American Federation of Government Employees, Local 12
Labor Department Solicitor's Arlington Office (FLRA 3-CU-80024): Attorney unit review granted
A regional director placed ten attorneys from the Labor Department Solicitor's Arlington office in an AFGE bargaining unit, finding that their internal labor relations work was too infrequent to exclude them. The department sought review, arguing that management representation work could create an…
U.S. Department of Defense, Army National Guard, Camp Keyes, Augusta, Maine and American Federation of Government Employees, Local 3012 and Association of Civilian Technicians
Maine Army National Guard (FLRA 1-RO-80003): Contract did not bar election petition
The Association of Civilian Technicians sought an election in a unit represented by AFGE. AFGE argued that its collective bargaining agreement with the Maine Army National Guard barred the petition. The Authority held that the Guard's timely 1983 request to renegotiate prevented automatic renewal…
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.