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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Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, AFL-CIO, Local Union 1482
Barstow Marine Corps Logistics Base (FLRA 8-CA-70080): Advance sick leave change violated bargaining duty
At the Marine Corps Logistics Base in Barstow, an established practice allowed employees to request advance sick leave for maternity absences without first using accrued annual leave, except leave at risk of forfeiture. A division director instead required employees to exhaust annual leave and…
Cyprus Emerald Resources Corporation
Citations modified and roof order vacated
Cyprus Emerald Resources Corporation was cited at the Emerald Mine No. 1 for problems involving elevator-rope examinations, a ventilation-plan stopping, and roof-control support. Judge Gary Melick found violations in the elevator and stopping matters, but modified both citations to…
Black Beauty Coal Company
Five violations affirmed and one charge dismissed
Black Beauty Coal Company operated a surface coal mine where inspectors found loose highwall material, a loader without falling-object protection, miners without required training, a bulldozer without a backup alarm, and operations contrary to closure orders. Judge William Fauver found five…
National Treasury Employees Union and Department of the Treasury, U.S. Customs Service
NTEU and U.S. Customs Service (FLRA 0-NG-1547): Smoking policy bargaining proposals upheld
NTEU proposed that the U.S. Customs Service negotiate which areas would allow smoking and give the union notice and a chance to bargain before facility changes implementing a federal smoking policy. Customs argued the proposals were too open-ended and might lead to later proposals that conflicted…
National Federation of Federal Employees, Local 1900 and Department of Housing and Urban Development
NFFE Local 1900 and HUD (FLRA 0-NG-1535): Internal vacancy posting appeal dismissed
NFFE Local 1900 sought to have HUD advertise Property Sales Branch vacancies internally before considering outside candidates. HUD argued that the proposed wording conflicted with the parties' existing agreement, which allowed selection from other appropriate sources. The Authority explained that a…
Department of the Navy, Supervisor of Shipbuilding, Conversion and Repair, Boston, Massachusetts and International Federation of Professional and Technical Engineers, Local 15, AFL-CIO
Boston Navy shipbuilding supervisor (FLRA 0-NG-1533): Mandatory duty-hours travel provision rejected
IFPTE Local 15 negotiated a provision with a Boston Navy shipbuilding office about travel outside employees' regular work hours. It required the office to record reasons for some nonduty travel and to schedule travel during duty hours when the triggering event was within its control. The Authority…
Griffiss Air Force Base and American Federation of Government Employees, AFL-CIO, Local Union 2612
Griffiss Air Force Base (FLRA 0-AR-1567): Union president's one-day suspension upheld
The president of AFGE Local 2612 left his work area at Griffiss Air Force Base after his supervisor denied permission to leave at 8 a.m. for union business. The base imposed a one-day suspension for defiance of authority and unauthorized absence, and an arbitrator denied his grievance. The union…
Department of the Navy, Naval Aviation Depot, Naval Air Station Alameda, California and International Association of Machinists and Aerospace Workers, Local 739, AFL-CIO
Alameda Naval Aviation Depot (FLRA 9-CA-80292): Employee contact list ordered for union
IAMAW Local 739 asked the Naval Aviation Depot at Alameda for the names and home addresses of employees in the two units it represented. The depot refused. On the parties' stipulated facts and its prior ruling on the same statutory information duty, the Authority found that the information was…
United States Marine Corps and Marine Corps facilities in Kansas City, Overland Park, and Albany and American Federation of Government Employees and Locals 2317 and 2904
Marine Corps smoking policy (FLRA 7-CA-70370 et al.): Consolidated complaint dismissed
The Marine Corps and AFGE Council 240 negotiated over a tobacco prevention program but disagreed on whether local unions would negotiate the designation of smoking areas at each facility. Several facilities implemented the policy, and complaints alleged that implementation bypassed required…
Department of the Treasury, Internal Revenue Service, Washington, D.C. and Chicago, Illinois District Office and National Treasury Employees Union, Chapter 10
IRS Chicago District (FLRA 5-CA-70262): Inspection office relocation required bargaining
The IRS Chicago District moved most of its inspectors from downtown Chicago to Lisle, more than 30 miles away. Bargaining unit employees and union representatives could have to travel there for investigative interviews, so NTEU Chapter 10 proposed terms addressing transportation and scheduling. The…
American Federation of Government Employees, Local 3296 and National Guard Bureau, Alaska National Guard
AFGE Local 3296 and Alaska National Guard (FLRA 0-NG-1534): Hiring source restrictions rejected
AFGE Local 3296 challenged the Alaska National Guard's disapproval of two negotiated hiring provisions. One would stop additional candidate lists once a list contained five names. The other would require full consideration of bargaining unit applicants before looking elsewhere and limit use of…
Social Security Administration, Data Operations Center, Albuquerque, New Mexico and American Federation of Government Employees, Local 3512
SSA Albuquerque Data Operations Center (FLRA 0-AR-1578): Promotion grievance denial upheld
An employee at SSA's Albuquerque Data Operations Center claimed she was passed over for a data operator promotion because of union activity and EEO complaints. An arbitrator found that the selecting official followed the labor agreement's process and that the evidence did not establish the alleged…
Social Security Administration Headquarters Offices and American Federation of Government Employees, Local 1923, AFL-CIO
SSA Headquarters and AFGE Local 1923 (FLRA 0-AR-1570): Appraisal remedy changed to reevaluation
An SSA Headquarters employee grieved an excellent performance appraisal, seeking an outstanding rating. An arbitrator found that her supervisor had failed to provide two progress reviews required by the labor agreement, then ordered higher ratings for two job elements and an outstanding summary…
General Services Administration, Region 9 and American Federation of Government Employees, Local 2600
GSA Region 9 and AFGE Local 2600 (FLRA 0-AR-1546): Lower performance awards upheld
GSA Region 9 paid some Pacific Northwest customer service employees cash awards at lower percentages than rates used in a previous labor agreement. AFGE Local 2600 grieved the change, seeking awards of 3 percent for outstanding and 1.5 percent for highly successful performance. An arbitrator found…
U.S. Department of Housing and Urban Development, Greensboro, North Carolina and American Federation of Government Employees, Local 3409
HUD Greensboro and AFGE Local 3409 (FLRA 0-AR-1537): Career ladder promotion denial upheld
A GS-11 multifamily loan specialist at HUD's Greensboro office sought a career ladder promotion to GS-12 after two coworkers advanced. An arbitrator found that she met minimum qualification and time-in-grade requirements but had not demonstrated the ability to perform GS-12 work to her supervisors'…
Air Force Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local 916
Tinker Air Force Base (FLRA 0-AR-1532): Separate counseling record grievance remains dismissed
At Tinker Air Force Base, a supervisor documented an employee counseling session on an Air Force Form 971. The base later imposed a seven-day suspension arising from the same matter. AFGE Local 916 filed a grievance over the form entry apart from its grievance over the suspension. An arbitrator…
American Federation of Government Employees, Local 1923, AFL-CIO and Health Care Financing Administration, Department of Health and Human Services
AFGE Local 1923 and HCFA (FLRA 0-AR-1530): Promotion remedy for missed priority notice upheld
An employee of the Health Care Financing Administration grieved her nonselection for a GS-13 position. An arbitrator rejected her racial discrimination claim but found that the agency had failed to give written notice of her contractual right to priority consideration. He found that she would have…
National Treasury Employees Union Chapters 250, 229, and 217 and Department of Health and Human Services offices in Washington, D.C., and Kansas City, Missouri
NTEU chapters and HHS (FLRA 0-NG-1524 et al.): Smoking area proposals negotiable
Three NTEU chapters proposed designated smoking areas and related accommodations after HHS adopted a policy for smoke-free space in its buildings. HHS argued that its regulation barred bargaining because a total ban was essential to its public health research and information work. The Authority…
Puget Sound Naval Shipyard and Bremerton Metal Trades Council
Puget Sound Naval Shipyard (FLRA 0-AR-1538): Hazard pay remedy set aside
An employee at Puget Sound Naval Shipyard sought environmental differential pay for driving a raised aerial lift between work sites. An arbitrator found that this travel did not qualify for the premium under the governing hazard pay schedule, but awarded the premium because employees in another…
Department of Health and Human Services, Region I (Boston, Massachusetts) and National Treasury Employees Union, Chapter 236
HHS Boston Region (FLRA 1-CA-70284): Employee contact list ordered for union
NTEU Chapter 236 asked HHS Region I in Boston for the names and home addresses of employees in the unit it represented. HHS refused to provide them. An administrative law judge granted summary judgment for the General Counsel and found an unfair labor practice. The Authority affirmed the judge's…
American Federation of Government Employees, Local 2612 and Griffiss Air Force Base
AFGE Local 2612 and Griffiss Air Force Base (FLRA 0-AR-1577): Late driving privileges grievance dismissed
Griffiss Air Force Base revoked an employee's on-base driving privileges after an incident, and AFGE Local 2612 grieved the action. An arbitrator dismissed the grievance because it was filed six days after the agreement's deadline and because he found the matter outside the agreement. The union…
Department of the Army, Headquarters, United States Army Aviation Center, Fort Rucker, Alabama and American Federation of Government Employees, Local 1815
Fort Rucker Army Aviation Center (FLRA 0-AR-1573): AWOL and suspension upheld
An employee at Fort Rucker called his supervisor about car trouble and received two hours of emergency annual leave, with instructions to report by 9:30 a.m. He did not report that day or contact the supervisor again. The Army charged six hours of absence without leave and imposed a three-day…
Panama Canal Commission and International Organization of Masters, Mates and Pilots Marine Division ILA, AFL-CIO, Panama Canal Pilots Branch
Panama Canal Commission (FLRA 0-AR-1516): Pilot discipline returned for just-cause review
During political unrest in Panama, a Panama Canal pilot used a Commission radio channel while on duty to announce a 30-minute protest and invite others to join. The Commission imposed a 10-day suspension, which an arbitrator removed after finding the pilot's speech protected. The Authority held…
U.S. Small Business Administration and Local 2532 of National Council of Small Business Administration Locals of the American Federation of Government Employees, AFL-CIO
Small Business Administration (FLRA 0-AR-1507): Temporary employee termination award upheld
The Small Business Administration terminated a clerk-typist hired for no more than one year after several weeks of work. Her union grieved the termination, alleging retaliation for raising working conditions, including a sexual harassment complaint, and a failure to follow performance and adverse…
Matter of Medina
Geneva Convention did not provide extra deportation relief
The Board reviewed the deportation case of a Salvadoran woman who entered the United States without inspection and sought asylum, withholding of deportation, and relief under the Geneva Conventions. The Board held that the Geneva Convention and customary international law did not create an…
Department of the Navy, U.S. Naval Ordnance Station, Louisville, Kentucky and Local Lodge 830, International Association of Machinists and Aerospace Workers, AFL-CIO
Louisville Naval Ordnance Station (FLRA 4-CA-70797): Full unit contact list ordered
Local Lodge 830 requested the names and home addresses of employees it represented at the Navy's Louisville ordnance station. The station withheld addresses for employees who had asked that they not be released, and an administrative law judge found an unfair labor practice. The Authority agreed…
Matter of Soriano
Record remanded for consideration of additional marriage evidence
The Board reviewed a United States citizen's second visa petition for her husband after an earlier petition involving the same beneficiary had been denied as based on a sham marriage finding. The Board held that a petitioner in that situation carries a heavy burden of proof, but that the district…
Veterans Administration, Seattle Regional Office, Seattle, Washington and American Federation of Government Employees, Local 3197, AFL-CIO
VA Seattle Regional Office (FLRA 9-CA-70226): Employee contact list ordered
AFGE Local 3197 asked the VA's Seattle Regional Office for the names and home addresses of employees it represented. The office refused. An administrative law judge found the refusal to be an unfair labor practice, and the VA filed exceptions. The Authority found no prejudicial error in the judge's…
Bureau of Reclamation, Arizona Projects Office, Phoenix, Arizona and National Federation of Federal Employees
Bureau of Reclamation Arizona Projects Office (FLRA 8-CA-70350): Unit contact list ordered
The National Federation of Federal Employees requested the names and home addresses of employees it represented at the Bureau of Reclamation's Arizona Projects Office. The office refused. An administrative law judge found an unfair labor practice, and the Bureau filed exceptions. The Authority…
General Services Administration, Region 4, Kennedy Space Center, Florida and American Federation of Government Employees, Council 236
GSA at Kennedy Space Center (FLRA 0-AR-1527): Asbestos pay grievance remains dismissed as late
AFGE Council 236 sought retroactive environmental differential pay for GSA employees at Kennedy Space Center who it said had been exposed to airborne asbestos, along with examinations and training. An arbitrator found the group grievance late because the union's earlier letter showed it already…
Social Security Administration and American Federation of Government Employees, Local 1923
SSA and AFGE Local 1923 (FLRA 0-AR-1523): Contractor overtime grievance denial upheld
AFGE Local 1923 claimed that SSA used contractors instead of bargaining unit employees for overtime at its National Computer Center. An arbitrator found that budget cuts reduced overtime in the relevant operation and that the union had not shown qualified volunteers were passed over for contractor…
Matter of Copeland
Any departure defeated uninterrupted residence
The Commissioner reviewed an application to preserve residence for naturalization purposes after the applicant, a lawful permanent resident from the United Kingdom, had made several trips outside the United States. The applicant argued that an amendment concerning continuous physical presence for…
Service Employees International Union, AFL-CIO, CLC, Local 100 and Department of Health and Human Services, Gillis W. Long Hansen's Disease Center Management
SEIU Local 100 and HHS Hansen's Disease Center (FLRA 0-NG-1532): Duty-hours petition dismissed
SEIU Local 100 proposed a change to duty hours for dietary employees at the Gillis W. Long Hansen's Disease Center. HHS initially declared the proposal nonnegotiable, and the union petitioned the Authority for review. HHS later withdrew its allegation that the disputed provisions were outside the…
Matter of Rodriguez-Majano
Civil-war activity did not establish persecution
The Board reviewed a Salvadoran respondent's applications for asylum and withholding of deportation after he admitted entering the United States without inspection. He reported that guerrillas forced him to transport supplies, join them, receive military training, and take part in activities…
Matter of Huang
Extended absence showed abandonment of lawful permanent resident status
The Board reviewed the exclusion appeal of a woman and her two children who had been admitted as lawful permanent residents but spent most of the next four years living in Japan. The Board held that they acquired lawful permanent resident status when they were initially admitted, but that the…
Matter of N-
Fraudulent reinstatement did not break unlawful residence for legalization
The Board reviewed an application for temporary resident status by a Nigerian student whose student status had been reinstated after he failed to disclose unauthorized employment. The Board held that the fraudulent reinstatement did not create lawful status and therefore did not interrupt the…
National Association of Agricultural Employees and U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Houston, Texas
Agricultural Employees and USDA APHIS Houston (FLRA 0-NG-1573): Petition lacked a specific proposal
The National Association of Agricultural Employees asked the Authority to review a negotiability dispute with USDA's plant protection and quarantine activity in Houston. The petition did not identify specific proposal language that had been presented for bargaining. The Authority ordered the union…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476, AFL-CIO
HUD and AFGE Local 476 (FLRA 0-AR-1482): Reconsideration of appraisal ruling denied
AFGE Local 476 asked the Authority to reconsider its earlier rejection of exceptions to an arbitration award upholding a HUD employee's satisfactory performance rating. The motion arrived after the filing deadline because the union's representative had been away for a family medical matter and…
U.S. Department of the Treasury, Office of Chief Counsel and National Treasury Employees Union
Treasury Chief Counsel and NTEU (FLRA 3-CU-80010): Technical advisor remains in bargaining unit
NTEU sought to include a senior technical advisor in the Treasury Office of Chief Counsel's bargaining unit. A regional director found that the advisor routed correspondence among branches and reviewed some work for technical accuracy but did not supervise employees under the statute. Treasury…
U.S. Army Transportation Center, Fort Eustis, Virginia and National Association of Government Employees, Local R4-6
Fort Eustis Army Transportation Center (FLRA 0-AR-1531): Mechanics' reductions upheld
Fort Eustis hired civilian helicopter mechanics on term appointments while waiting for military personnel to fill maintenance positions designated as military. When the military personnel arrived, the Army removed six mechanics through a reduction in force before their terms expired. NAGE Local…
Department of the Army, Fort Carson, Colorado and American Federation of Government Employees, Local 1345
Fort Carson and AFGE Local 1345 (FLRA 0-AR-1529): One-day suspension upheld
An equipment operator at Fort Carson refused an assignment to clean an industrial waste pond, citing concerns about fumes, fairness in rotating the work, and possible retaliation for supporting coworkers' discrimination claims. The Army imposed a one-day suspension. An arbitrator found the…
American Federation of Government Employees, Local 2612 and Griffiss Air Force Base, New York
Griffiss Air Force Base and AFGE Local 2612 (FLRA 0-AR-1524): Official time claim denied
AFGE Local 2612 sought official time for its president to prepare counterproposals during contract negotiations with Griffiss Air Force Base. An arbitrator denied the grievance, finding that the work took place away from actual negotiations and that neither the agreement nor the parties' practice…
Internal Revenue Service, Indianapolis District and National Treasury Employees Union, Chapter 49
Indianapolis IRS and NTEU Chapter 49 (FLRA 0-AR-1469): Late reconsideration request rejected
The IRS asked the Authority to reconsider an earlier arbitration decision after the filing deadline expired. Its attorney had been away at training and said he could not review the decision until he returned. The Authority calculated that the request was due June 27, 1988, but the IRS mailed it on…
Federal Crop Insurance Corporation, Kansas City Operations Office and National Federation of Federal Employees, Local 858
Crop Insurance and NFFE Local 858 (FLRA O-AR-1564): Promotion denial stands
A Federal Crop Insurance Corporation employee challenged a performance appraisal and the denial of a career-ladder promotion from GS-6 to GS-7. An arbitrator ordered a new appraisal but found no agreement violation in the promotion decision. NFFE Local 858 appealed the promotion ruling, arguing…
Matter of Cespedes
Incomplete appeal record returned for further action
The Board reviewed an appeal in a deportation case where the Notice of Appeal stated only that there had been a denial of constitutional due process and that a brief would follow after a transcript was received. The Board held that the appeal did not meaningfully identify the reasons for appeal and…
Internal Revenue Service, Louisville District and National Treasury Employees Union
Louisville IRS and NTEU (FLRA 0-AR-1595): Interim arbitration appeal dismissed
An IRS employee grieved a failure to select them for a Revenue Officer vacancy. Before deciding the grievance's merits, the arbitrator ruled that the grievance was arbitrable and that an agency vacancy policy applied without conflicting with the collective bargaining agreement. The IRS sought…
U.S. Department of Labor, Occupational Safety and Health Administration, Region VI, Dallas, Texas and American Federation of Government Employees, Local 2139
OSHA Region VI and AFGE Local 2139 (FLRA 0-AR-1589): Late exceptions dismissed
AFGE Local 2139 challenged an arbitration award involving OSHA Region VI. The arbitrator transmitted the award with a bill dated June 28, 1988. The Authority calculated that exceptions mailed to it had to be postmarked by August 1, including the extra five days allowed for mail service. The union's…
American Federation of Government Employees, Local 1915 and Wm. Jennings Bryan Dorn Veterans Hospital, Columbia, South Carolina
Dorn Veterans Hospital and AFGE Local 1915 (FLRA 0-AR-1550): Suspension remedy upheld
A nursing assistant at Dorn Veterans Hospital received a 14-day suspension after an accusation of patient abuse. An arbitrator found insufficient evidence for the suspension and ordered the hospital to remove it from the employee's record and repay lost wages. The Veterans Administration challenged…
Matter of Canas
Religious objection to military service did not establish asylum eligibility
The Board reviewed the deportation appeals of two Salvadoran brothers who entered the United States without inspection and sought asylum and withholding of deportation because their Jehovah's Witness beliefs barred military service. The Board held that the Refugee Act and international refugee…
Department of Justice, Immigration and Naturalization Service, Western Regional Office and National Border Patrol Council, AFGE Local 2554
INS Western Regional Office and AFGE Local 2554 (FLRA 8-CA-70345): Employee addresses ordered disclosed
The National Border Patrol Council and AFGE Local 2554 asked the INS Western Regional Office for the names and home addresses of employees it represented. An administrative law judge found that the office's refusal was an unfair labor practice. The INS excepted, but the Authority adopted the…
Social Security Administration and American Federation of Government Employees, Local 1923
Social Security Administration and AFGE Local 1923 (FLRA 3-CA-80254): Employee addresses ordered disclosed
AFGE Local 1923 requested names and home addresses of Social Security Administration employees in its Baltimore bargaining unit to communicate about upcoming national contract negotiations. SSA refused. On stipulated facts, the Authority held that the information met the statutory disclosure…
International Brotherhood of Teamsters, Local 512 and Department of the Navy, Consolidated Civilian Personnel, Jacksonville, Florida
Jacksonville Navy and Teamsters Local 512 (FLRA 0-NG-1525): Motorcycle proposals outside bargaining duty
The Navy required motorcycle riders at its Jacksonville facility to use specified protective gear and required drivers to complete safety training. Teamsters Local 512 proposed exempting its unit members from the rules and having the Navy supply required shoes and clothing. The Authority found that…
American Federation of Government Employees, Local 3181 and U.S. Department of Labor, Mine Safety and Health Administration
MSHA and AFGE Local 3181 (FLRA 0-NG-1522): Commuting-area petition dismissed
MSHA closed its Princeton, West Virginia, office and consolidated operations in Pineville. AFGE Local 3181 proposed criteria for defining the local commuting area, which could affect employee moving expenses. MSHA declined to bargain because it viewed the proposals as beyond the impact and…
Association of Civilian Technicians, Michigan State Council and Michigan Air National Guard
Michigan Air National Guard and ACT (FLRA 0-AR-1520): Uniform customs award set aside
An arbitrator ruled that Michigan Air National Guard civilian technicians wearing military uniforms did not have to observe military customs and courtesies off base or during lunch. The Guard challenged the award under its right to determine the methods and means of work. The Authority held that…
Army Materials and Mechanics Research Center and American Federation of Government Employees, Local 3404
Army Research Center and AFGE Local 3404 (FLRA 0-AR-1542): Paint incident suspension upheld
An Army Materials and Mechanics Research Center employee splashed paint onto his supervisor while cleaning a brush. The agency treated the incident as intentional after earlier confrontations that day and imposed a 14-day suspension. An arbitrator found substantial evidence for the discipline. AFGE…
Federal Correctional Institution, El Reno, Oklahoma and American Federation of Government Employees, Local 171
El Reno prison and AFGE Local 171 (FLRA 0-AR-1519): Suspension reversal upheld
A senior correctional officer at the El Reno prison received a seven-day suspension after a breathalyzer test showed alcohol. An arbitrator found no just cause for the suspension and found that the agency had failed to remind the employee of a contractual right to request union representation…
National Association of Government Employees, Local R4-106 and Department of the Air Force, Langley Air Force Base, Virginia
Langley Air Force Base and NAGE Local R4-106 (FLRA 0-AR-1514): Fee request remanded
An arbitrator rescinded a 14-day suspension at Langley Air Force Base and awarded the employee lost pay and benefits. The union requested attorney fees, but the arbitrator later said he lacked authority to consider the request after issuing the original award. The Authority held that the Back Pay…
U.S. Patent and Trademark Office and Patent Office Professional Association
Patent and Trademark Office and POPA (FLRA 0-AR-1508): Office-space award upheld
The Patent Office Professional Association sought private offices for professional employees under an agreement and an earlier interest arbitration award. A grievance arbitrator required the Patent and Trademark Office to provide offices for examiners above GS-12 who were sharing space and to…
Matter of Patrick
Trinidad and Tobago law established a child's legitimation
The Board reviewed a lawful permanent resident's visa petition for preference status for his unmarried son, who was born out of wedlock in Trinidad and Tobago. The district director had denied the petition because the child's parents had not married and the child therefore was not considered…
Department of the Air Force, Warner Robins Air Force Base and American Federation of Government Employees, Local 987
Warner Robins Air Force Base and AFGE Local 987 (FLRA O-AR-1561): Late grievance ruling upheld
Warner Robins Air Force Base changed the work tour for some commissary butchers. AFGE Local 987 filed a grievance, but an arbitrator found it was late under the collective bargaining agreement and dismissed it without reaching the merits. The union challenged both the timeliness ruling and a…
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.