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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
National Federation of Federal Employees, Local 405 and U.S. Army Aviation Systems Command and U.S. Army Troop Support Command
Army Aviation and Troop Support Commands (FLRA 0-NG-1546): Drug testing ban rejected, two provisions negotiable
NFFE Local 405 challenged the Army's disapproval of five provisions negotiated with its aviation and troop support commands. The Authority found a ban on random drug tests outside the duty to bargain because it excessively interfered with the Army's internal security practices. It also rejected…
American Federation of Government Employees, Local 3760 and Department of Health and Human Services, Social Security Administration
Social Security Administration (FLRA 0-NG-1484): Reconsideration denied for incomplete union petition
AFGE Local 3760 sought a negotiability ruling on proposals about distributing sample disability cases to Social Security Administration examiners. The Authority dismissed the petition because the union had not explained the term "sample cases" or the work setting well enough to assess the…
International Association of Machinists and Aerospace Workers, Local Lodge 2424 and U.S. Department of the Army, Aberdeen Proving Ground
Aberdeen Proving Ground (FLRA 0-NG-1337): Field testing proposal dismissed as moot
Machinists Local Lodge 2424 proposed detailed procedures for collecting, testing, and handling drug test samples at Aberdeen Proving Ground. A court sent the negotiability dispute back after final federal workplace drug testing guidelines were issued. The Army had stopped initial on-site testing…
National Federation of Federal Employees, Local 178 and U.S. Army Aberdeen Proving Ground, Installation Support Activity
Aberdeen Proving Ground (FLRA 0-NG-1324): Medical documentation provision negotiable on remand
NFFE Local 178 proposed procedures for civilian employee drug testing at Aberdeen Proving Ground. After a court remand, the Authority reviewed two proposals against final federal workplace drug testing guidelines. It found negotiable a provision that presumes an employee's medical documentation…
National Federation of Federal Employees, Local 1437 and U.S. Army Armament Research, Development and Engineering Center, Dover, New Jersey
Army research center at Dover (FLRA 0-NG-1318): Split sample proposal dismissed as moot
NFFE Local 1437 proposed splitting a urine sample after an initial positive drug test, keeping one part for possible employee-requested testing. A court returned the proposal's negotiability dispute to the Authority after final federal workplace drug testing guidelines were issued. The Authority…
Navy Public Works Center Norfolk, Virginia and Tidewater Virginia Federal Employees Metal Trades Council
Navy Public Works Center Norfolk (FLRA 0-AR-1535): Overtime backpay award set aside
A Navy Public Works Center employee complained that overtime on a floating derrick had been distributed unfairly. An arbitrator found that the Navy failed to correct an overtime imbalance and awarded pay equal to about 161 hours of overtime. The Authority agreed that the arbitrator could decide the…
Association of Civilian Technicians, Michigan State Council and Michigan Air National Guard
Michigan Air National Guard (FLRA 0-AR-1520): Uniform customs reconsideration denied
The Authority had set aside an arbitrator's award that excused Michigan Air National Guard civilian technicians from military customs and courtesies while wearing uniforms off base or during lunch. It held that the requirement was part of the uniform rule and concerned the Guard's choice of methods…
Westrick Coal Company
Hard-hat citation modified and penalty reduced
Westrick Coal Company was cited after two workers repairing a bulldozer at the JPLMJ Strip Mine were observed without hard hats. Judge Avram Weisberger found a violation of the hard-hat requirement in 30 C.F.R. § 77.1710(d), but found that the evidence did not establish a likely falling-object…
Department of the Army, Headquarters Presidio of San Francisco, Directorate of Engineering and Housing and American Federation of Government Employees, Local 1457
Presidio of San Francisco (FLRA 9-CU-80001): Housing staff kept outside wage grade union unit
AFGE Local 1457 sought to add General Schedule employees in the Presidio of San Francisco's Housing Division to its Wage Grade bargaining unit after an organizational transfer. A regional director found that the Housing Division staff shared supervision and working conditions with other…
Department of the Navy, Navy Commissary Store, Naval Air Station Whidbey Island and American Federation of Government Employees, Local 1513
Whidbey Island Navy Commissary (FLRA 9-CA-80317): Full employee contact list ordered
AFGE Local 1513 requested names and home addresses for every employee it represented at the Navy Commissary on Whidbey Island. The Commissary provided information for five union members but refused the rest. The Authority found that the requested information met the statutory requirements for…
U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management, San Francisco and American Federation of Government Employees, Local 2391
Labor Department San Francisco office (FLRA 9-CA-80003): Union granted employee contact list
AFGE Local 2391 requested names and home addresses for employees it represented at the Labor Department's San Francisco regional office. The office refused, citing privacy concerns and a department policy that regional requests would not be processed. The Authority held that the local acted as the…
Department of Health and Human Services, Social Security Administration, Baltimore and Mid-America Program Service Center and American Federation of Government Employees
Mid-America Program Service Center (FLRA 7-CA-80082): Mailing procedure complaint dismissed
The Social Security Administration changed how typists at its Mid-America Program Service Center prepared letters for mailing, increasing their daily mailing work. AFGE requested bargaining and submitted six proposals. The Authority found all six outside the duty to bargain. It also found that the…
Veterans Administration Medical Center, Muskogee, Oklahoma and American Federation of Government Employees, Local 2250
VA Medical Center Muskogee (FLRA 6-CA-50105): Physicians' clinical privileges complaint dismissed
The Muskogee VA medical center changed the clinical privileges of two physicians without notifying AFGE Local 2250 or bargaining over implementation and employee effects. The Authority initially found an unfair labor practice. A federal appeals court then held that 38 U.S.C. § 4108(a) gave the VA…
Bureau of Indian Affairs and National Council of Bureau of Indian Affairs Educators
Bureau of Indian Affairs educators (FLRA 6-AC-70006): Union affiliation amendments left in place
The National Council of Bureau of Indian Affairs Educators changed its affiliation from the National Education Association to the American Federation of Teachers. A regional director amended the union's certifications to reflect that change and dismissed the Interior Department's petitions…
Veterans Administration, Washington, D.C. and American Federation of Government Employees
Veterans Administration (FLRA 3-CA-50461): Medical staff grievance procedure complaint dismissed
The Federal Service Impasses Panel had ordered the Veterans Administration to include a grievance procedure in an agreement covering professional medical employees. The Authority initially found an unfair labor practice when the VA refused to comply. A federal appeals court then held that the VA…
American Federation of Government Employees, Local 3884 and Veterans Administration Medical and Regional Office Center, Fargo
VA Medical Center Fargo (FLRA 0-NG-1388): Nurses' leave proposal petition dismissed on remand
AFGE Local 3884 proposed terms governing leave use by nurses at the Fargo VA medical center. The Authority had earlier found one proposal negotiable and another nonnegotiable. A federal appeals court then held that the VA Administrator's authority under 38 U.S.C. § 4108(a) displaced the asserted…
National Federation of Federal Employees, Local 15 and Department of the Army, U.S. Army Armament, Munitions and Chemical Command, Rock Island
Rock Island Army command (FLRA 0-NG-1269): Two drug testing safeguards negotiable
NFFE Local 15 proposed safeguards for civilian employee drug tests at the Army's Rock Island command. After final federal workplace drug testing guidelines were issued, the Authority reconsidered three proposals. It found negotiable a safeguard against testing by unqualified laboratory personnel…
National Treasury Employees Union and Nuclear Regulatory Commission
Nuclear Regulatory Commission (FLRA 0-NG-1095): Commuting area proposal negotiable
The National Treasury Employees Union proposed using a commuting area to define who competes for jobs in a reduction in force at the Nuclear Regulatory Commission. The Authority had earlier rejected the proposal because it affected employees outside the bargaining unit, but a court returned the…
American Federation of Government Employees, National Council of VA Locals and Veterans Administration
Veterans Administration (FLRA 0-NG-1088): Medical staff proposals dismissed, Title 5 rulings preserved
AFGE's National Council of VA Locals proposed terms on professional standards, advancement, uniforms, ratings, leave, and other working conditions. The Authority had earlier found some proposals negotiable, but a federal appeals court held that the VA Administrator's authority under 38 U.S.C. §…
Veterans Administration Staff Nurses Council, Local 5032 and Veterans Administration Medical Center, Wood, Wisconsin
VA Medical Center Wood (FLRA 0-NG-1012): Staff nurses' bargaining petition dismissed on remand
The VA Staff Nurses Council proposed terms covering hours, overtime, leave without pay, and reassignment for registered nurses at the Wood, Wisconsin, medical center. The Authority had earlier found some proposals negotiable. A federal appeals court then held that the VA Administrator's authority…
American Federation of Government Employees, Local 1917 and Department of Justice, Immigration and Naturalization Service
Immigration and Naturalization Service (FLRA 0-AR-1572): Untimely grievance arbitration upheld
AFGE Local 1917 sought arbitration over official time at the Immigration and Naturalization Service. After receiving an arbitrator list, the union waited nearly a year to resume selection, although the agreement called for selection within five working days. An arbitrator found the grievance was…
Marine Corps Base, Civilian Personnel Division, Camp Lejeune and American Federation of Government Employees, Local 2065
Camp Lejeune (FLRA 0-AR-1558): Nepotism challenge to promotion award denied
A Camp Lejeune sewage plant operator claimed that nepotism caused him to miss a promotion to a leader position. An arbitrator denied the grievance, finding that the disputed family relationship was a cousin by marriage, outside the relatives listed in the federal anti-nepotism statute. AFGE Local…
Army and Air Force Exchange Service and American Federation of Government Employees, Local 2965
Army and Air Force Exchange Service (FLRA 0-AR-1549): Grievance procedure dispute returned to parties
An arbitrator found that AFGE Local 2965 violated a local agreement by contacting an Army and Air Force Exchange Service commander rather than trying to settle a grievance at the lowest level. AFGE argued that a later master agreement controlled the grievance process instead. The Authority found…
U.S. Army Transportation Center, Fort Eustis and National Association of Government Employees, Local R4-106
Fort Eustis Army Transportation Center (FLRA 0-AR-1536): Performance rating remedies mostly set aside
An arbitrator found that the Army Transportation Center acted arbitrarily in changing an instructor's performance rating from "exceeded" to "met." He ordered the higher rating restored, supervisor training, and employee participation in developing performance standards. The Authority held that the…
Department of the Air Force, 410th Combat Support Group, K. I. Sawyer Air Force Base and National Federation of Federal Employees, Local 1256
K. I. Sawyer Air Force Base (FLRA 5-CA-70066): Union activity dismissal complaint rejected
A complaint alleged that the 410th Combat Support Group at K. I. Sawyer Air Force Base terminated an employee because of protected union activity and sought to discourage union membership. An administrative law judge found that the Air Force had not committed the alleged unfair labor practices. The…
American Federation of Government Employees, Local 738 and U.S. Army Combined Arms Center and Fort Leavenworth
Fort Leavenworth Engineering Technician (FLRA 0-NG-1549): Seniority assignment proposal outside duty to bargain
The Army planned to move an engineering technician position between divisions at Fort Leavenworth. AFGE Local 738 proposed filling the position with a volunteer or the least senior technician in the original division. The Authority held that the proposal would prevent the Army from assessing…
National Federation of Federal Employees, Council of Veterans Administration Locals and Veterans Administration
VA Professional Medical Employees (FLRA 0-NG-1273): Bargaining petition dismissed on remand
The Council of Veterans Administration Locals sought bargaining over assignments, leave, ratings, discipline, schedules, and other conditions for VA professional medical employees. The Authority had earlier found some proposals negotiable. A federal appeals court then ruled in a related case that…
New York State Nurses Association and Veterans Administration Medical Center, Bronx
Bronx VA Medical Center (FLRA 0-NG-1187): Nurses' negotiability petition dismissed on remand
The New York State Nurses Association sought bargaining over working conditions for professional medical employees at the Bronx VA Medical Center. In an earlier decision, the Authority had found some of its proposals negotiable. A federal appeals court then ruled in a related case that the VA…
U.S. Department of Health and Human Services and American Federation of Government Employees
Department of Health and Human Services (FLRA 0-AR-1610): Early arbitration exceptions dismissed
An arbitrator scheduled a hearing on a Health and Human Services employee's suspension and related procedural questions. Before the arbitrator decided the dispute or issued a remedy, the agency filed exceptions with the Authority. The Authority held that the exceptions were premature because the…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 3239
Social Security Administration (FLRA 0-AR-1543): Denial of excused absence award upheld
A Social Security Administration employee asked for two late arrivals to be treated as excused absences. The local office denied the requests under guidelines that treated an employee as frequently tardy after three late arrivals in a leave year. An arbitrator found the denials consistent with the…
Veterans Administration and American Federation of Government Employees, Local 2610
Veterans Administration (FLRA 0-AR-1540): Attorney fee exceptions dismissed for lack of jurisdiction
An arbitrator ordered the Veterans Administration to reinstate a removed claims adjudicator and provide lost pay and benefits. He later denied the union's attorney fee request as untimely and outside the interest of justice. The union filed exceptions to that supplemental ruling with the Authority…
Michigan Air National Guard, Selfridge ANG Base and Association of Civilian Technicians, Michigan State Council
Michigan Air National Guard (FLRA 0-AR-1534): Temporary duty arbitration award set aside
The Michigan Air National Guard denied a technician a civilian temporary duty assignment because she was on its Weight Management Program list. An arbitrator found that the denial violated the parties' agreement governing the order of participation in exercises. The Authority held that management…
Ranger Fuel Corporation
Compensation awarded after remand
The United Mine Workers sought compensation for miners idled at Ranger Fuel Corporation's Beckley No. 2 Mine after an imminent-danger withdrawal order. On remand, Judge Gary Melick found that the withdrawal order was final because Ranger did not contest it within the statutory period. He also found…
Green River Coal Company
$800 settlement approved
Green River Coal Company agreed to settle a civil penalty proceeding involving its Green River No. 9 Mine. The settlement also covered payment of the penalty in a companion contest case. Judge William Fauver approved the settlement under the civil-penalty criteria in the Mine Act. The company was…
Matter of Patel
Clear and convincing evidence rebutted a prior-marriage presumption
The Board reviewed a Kenyan petitioner's visa petition for his spouse from India after the district director applied a statutory presumption that his earlier marriage had been entered into to evade immigration laws. The petitioner submitted affidavits, wedding photographs, joint tax returns…
Matter of Iberia Airlines Flight #IB 951
Presenting passengers for inspection satisfied the carrier's duty
The Board reviewed administrative fines imposed on Iberia Airlines after it brought 77 Cuban nationals to the United States and presented them for inspection, but some passengers later absconded while awaiting exclusion hearings. The district director found 17 violations and imposed fines totaling…
Veterans Administration, Riverside National Cemetery and American Federation of Government Employees, Local 3854
Riverside National Cemetery (FLRA 8-CA-70436): Employee address disclosure ordered
AFGE Local 3854 requested the names and home addresses of employees it represented at Riverside National Cemetery. The Veterans Administration refused, arguing in part that 22 of 34 employees wanted their addresses kept confidential. An administrative law judge granted summary judgment on the…
Veterans Administration and Veterans Administration Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85
Leavenworth VA Medical Center (FLRA 7-CA-80203): Employee address disclosure ordered
AFGE Local 85 requested the names and home addresses of employees in the bargaining unit it represented at the Leavenworth VA Medical Center. The Veterans Administration refused to provide them. An administrative law judge found that the refusal was an unfair labor practice and granted summary…
U.S. Department of Agriculture, Forest Service, National Forests in Florida and National Federation of Federal Employees, Local 458
National Forests in Florida (FLRA 4-CA-70653): USDA ordered to direct employee address release
NFFE Local 458 requested names and home addresses for employees it represented in the National Forests in Florida. The Forest Service and its Florida office refused at the direction of the Department of Agriculture. An administrative law judge found unfair labor practices by all three respondents…
American Federation of Government Employees, Local 32 and Office of Personnel Management
OPM Reduction in Force Area (FLRA 0-NG-914): Washington area proposal held negotiable
AFGE Local 32 proposed that the Office of Personnel Management use the Washington metropolitan area as the competitive area in a reduction in force. The Authority had twice found the proposal outside the duty to bargain because it affected employees beyond the bargaining unit. After a second remand…
International Federation of Professional and Technical Engineers, Local 25 and Department of the Navy, Mare Island Naval Shipyard
Mare Island Naval Shipyard (FLRA 0-NG-1537): Guard weapons proposal nonnegotiable
The Navy changed its policy to require Marine guards in certain areas of Mare Island Naval Shipyard to patrol with loaded weapons in hand. A union proposed that guards instead carry loaded magazines in pouches and weapons on their shoulders, citing employee safety. The Authority assumed for its…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 1568
HUD Career Ladder Promotion (FLRA 0-AR-1539): Promotion and backpay award upheld
A HUD housing management specialist grieved the denial of a career ladder promotion from GS-11 to GS-12. An arbitrator found that the employee met the agreement's requirements and ordered a retroactive promotion with backpay. HUD argued that the award relied on mistaken facts about the size of a…
Western Fuels-Utah, Inc.
Discriminatory discharge affirmed with $39,560.06 award
Joseph Gabossi complained to Western Fuels-Utah management about the company's reporting structure and its effect on mine safety. After those complaints, the company placed him on probation and discharged him. Judge John J. Morris found that the complaints were protected activity and that the…
Veterans Administration Medical Center, San Francisco and Karen O'Rourke
San Francisco VA Medical Center (FLRA 9-CA-80315): Early tape disclosure appeal denied
In a pending unfair labor practice case, the San Francisco VA Medical Center asked to inspect and copy a tape recording before the prehearing conference. After a regional director denied that request, the VA asked the Authority to hear an immediate appeal or delay the hearing. The Authority held…
U.S. Department of Labor and American Federation of Government Employees, National Council of Field Labor Locals, Local 1748
Department of Labor Field Offices (FLRA 7-CU-80005, 7-CU-80007): Confidential employee exclusions upheld
The National Council of Field Labor Locals sought to include Wage and Hour Assistants and a secretary in its Department of Labor bargaining unit. A regional director found that three assistants and the secretary worked in a confidential capacity for officials who handled labor relations policy. She…
U.S. Department of the Interior, National Park Service, Blue Ridge Parkway and American Federation of Government Employees, Local 446
Blue Ridge Parkway (FLRA 4-CA-70473): Interior address directive found unlawful
AFGE Local 446 requested names and home addresses for the Blue Ridge Parkway employees it represented. The Parkway refused after the Department of the Interior directed it not to furnish the information. An administrative law judge found that Interior committed an unfair labor practice but that the…
Department of Energy, Pittsburgh Energy Technology Center and American Federation of Government Employees, Local 1916
Pittsburgh Energy Technology Center (FLRA 2-CA-80050): DOE address withholding directive found unlawful
AFGE Local 1916 requested names and home addresses of employees it represented at the Pittsburgh Energy Technology Center. The Department of Energy directed the center to refuse. An administrative law judge found that DOE, rather than the center acting without discretion, committed the unfair labor…
Army and Air Force Exchange Service, Fort Drum Exchange and American Federation of Government Employees and National Association of Government Employees
Fort Drum Exchange (FLRA 1-RO-70001): Election objections rejected after campaign reply
AFGE won a representation election among nonprofessional employees at the Fort Drum Exchange. The exchange and rival union NAGE objected that an AFGE campaign flyer misstated benefits under a master agreement. A regional director found the flyer misleading but concluded that the objectors had…
Illinois Nurses' Association and Veterans Administration Medical Center, Hines, Illinois
Hines VA Medical Center (FLRA 0-NG-1212, 0-NG-1234): Nurses' bargaining petition dismissed
The Illinois Nurses' Association sought bargaining over schedules, duties, leave, promotions, discipline, and other conditions for professional medical employees at the Hines VA Medical Center. The Authority had earlier found some proposals negotiable. A federal appeals court then ruled in a…
Illinois Nurses Association and Veterans Administration Medical Center, North Chicago, Illinois
North Chicago VA Medical Center (FLRA 0-NG-1209, 0-NG-1224): Nurses' bargaining petition dismissed
The Illinois Nurses Association sought bargaining over hours, leave, pay, ratings, promotions, discipline, and other conditions for professional medical employees at the North Chicago VA Medical Center. The Authority had earlier found some proposals negotiable. A federal appeals court then ruled in…
National Federation of Federal Employees, Local 1798 and Veterans Administration Medical Center, Martinsburg, West Virginia
Martinsburg VA Medical Center (FLRA 0-NG-1183): Medical employee bargaining petition dismissed
NFFE Local 1798 sought bargaining over schedules, leave, performance appraisals, reassignments, and other conditions for professional medical employees at the Martinsburg VA Medical Center. The Authority had earlier found some proposals negotiable. A federal appeals court then ruled in a related…
National Union of Hospital and Health Care Employees, District 1199 and Veterans Administration Medical Center, Dayton, Ohio
Dayton VA Medical Center (FLRA 0-NG-1072): Medical employee bargaining petition dismissed
District 1199 sought bargaining over staffing, training, schedules, leave, assignments, and other conditions for professional medical employees at the Dayton VA Medical Center. The Authority had earlier found some proposals negotiable. A federal appeals court then ruled in a related case that the…
Consolidation Coal Company
Discrimination settlement approved
The Secretary of Labor alleged that Consolidation Coal Company interfered with David H. Miller's rights as a miners' representative during a federal mine inspection. Miller agreed to withdraw his complaint if the company posted a notice promising compliance with the Mine Act and paid a civil…
Jericol Mining Inc.
Discrimination complaint dismissed
David Johnson asked to withdraw his discrimination complaint against Jericol Mining Inc. because he no longer wanted a hearing. Judge Roy J. Maurer granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Green River Coal Co.
Orders affirmed and citation vacated
Green River Coal Company's No. 9 Mine was cited for inadequate ventilation, loose coal accumulations, and methane readings in return air. Judge William Fauver found violations in Order 2215847 and Order 2215849, affirming both orders and assessing $700 and $800 penalties. He vacated Citation…
American Federation of Government Employees, AFL-CIO, Local 2362 and Department of the Navy, Navy Clothing and Textile Research Facility
AFGE Local 2362 and Navy research facility (FLRA 0-NG-1578): Negotiability petition dismissed
The Navy Clothing and Textile Research Facility issued a notice about a temporary leave transfer program. AFGE Local 2362 submitted comments saying the matter was negotiable, then petitioned the Authority for a negotiability ruling. The Authority dismissed the petition because the union had not…
National Treasury Employees Union, Chapter 15 and Internal Revenue Service (Los Angeles District)
NTEU Chapter 15 and Los Angeles IRS (FLRA 0-AR-1528): Negligence finding may be grieved
An IRS employee collected $1,176.91 from taxpayers and locked it in her desk because the employees with the office safe combination were absent. The money disappeared, and local management found her negligent and assessed her for the loss, which she repaid. Her union grieved the failure to give her…
The Helen Mining Company
Withdrawal order vacated
The Helen Mining Company contested a withdrawal order issued after an inspector found a nonpermissible pump switchbox at the Homer City Mine. The key question was whether the switchbox was in return air, where 30 C.F.R. § 75.507-1(a) required the equipment to be permissible, or in intake air. Judge…
Hallett Construction Company
Electrical and guarding citations partly affirmed
Hallett Construction Company was cited at its sand and gravel operation for missing electrical grounds, unguarded moving parts, and exposed electrical equipment. Judge George A. Koutras affirmed the violations involving the fan cord, battery charger, water-pump coupling, conveyor guard, and…
Federal Firefighters Association, Local 58 and Department of the Air Force, Otis Air National Guard, Massachusetts
Firefighters Local 58 and Otis Air National Guard (FLRA 0-NG-1572): Late petition dismissed
During negotiations for an initial agreement, the Otis Air National Guard served two written allegations of nonnegotiability on the acting president of Federal Firefighters Association Local 58. The union petitioned for Authority review more than 15 days after each service date. It argued that time…
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.