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.

60,101 decisions and counting · Latest decision October 28, 2026
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COMM

National Treasury Employees Union and Internal Revenue Service, Los Angeles District

NTEU and IRS Los Angeles District (FLRA 0-NG-1482): Workplace smoking-area terms negotiable

NTEU proposed dividing the IRS Los Angeles District workplace into smoking and nonsmoking areas, with air purifiers and partitions. The Authority found Sections B through E negotiable because the IRS had not shown a conflict with the cited smoking regulation or with management's rights over work…

May 31, 1988 ·FLRA
Set aside
COMM

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

Leavenworth VA Medical Center and AFGE Local 85 (FLRA 0-NG-1481): Reassignment proposals dismissed

The Leavenworth VA Medical Center reassigned three employees after workplace conflicts and a voluntary transfer request. AFGE Local 85 challenged twelve proposals about the reassignments. The Authority found several proposals moot because the moves had occurred or the parties had agreed to them. It…

May 31, 1988 ·FLRA
Upheld
COMM

International Association of Machinists and Aerospace Workers, Local Lodge 2424 and U.S. Army Aberdeen Proving Ground

Aberdeen Proving Ground and Machinists Local 2424 (FLRA 0-NG-1476): Conditional shorts proposal negotiable

Aberdeen Proving Ground required long pants in industrial, range, and laboratory areas for safety. The Machinists union proposed allowing shorts only where nonhazardous materials were used and no health or safety risk resulted. The Army argued that the proposal interfered with its rights to assign…

May 31, 1988 ·FLRA
Set aside
COMM

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

HUD and AFGE Local 476 (FLRA 0-AR-1482): Satisfactory appraisal upheld

A HUD employee challenged a satisfactory annual rating and sought an outstanding rating for his correspondence work. An arbitrator found that the standard required both a high rate of satisfactory work and correspondence reflecting the signer’s style and preferences. He found no unlawful animus and…

May 31, 1988 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Citation-vacation dismissal affirmed

The Secretary's civil penalty petition and Consolidation Coal Company's related contest concerned an enforcement document that MSHA had vacated. At the hearing, the Solicitor moved to withdraw the penalty petition and dismiss the contest. Judge Paul Merlin granted the motion, affirmed the dismissal…

May 26, 1988 ·Paul Merlin ·FMSHRC
Procedural
COMM

Rivco Dredging Corporation

Penalty contest remanded

Rivco Dredging contested citations and orders but did not separately notify the Secretary that it intended to contest the proposed civil penalties. An ALJ dismissed the contest, and Rivco sought discretionary Commission review, explaining that it had misunderstood the separate penalty-contest…

May 26, 1988 ·FMSHRC
Remanded
ALJ

Cen-Tex Ready Mix Concrete Company, Incorporated

Settlement approved and penalty reduced

Cen-Tex Ready Mix Concrete Company faced two civil penalty proceedings concerning its Lampasas Quarry. The Secretary of Labor proposed reducing the combined penalty from $10,957 to $6,957 through a settlement. Judge Gary Melick rejected the company's claim that an independent contractor was…

May 26, 1988 ·Gary Melick ·FMSHRC
Settled
COMM

Bureau of Indian Affairs and National Council of Bureau of Indian Affairs Educators

Bureau of Indian Affairs educator cases (FLRA 6-AC-70005): Late reconsideration motion dismissed

The Department of the Interior asked the Authority to expand an earlier order that had returned consolidated Bureau of Indian Affairs educator cases to a Regional Director. The Authority treated the request as a motion for reconsideration. The earlier order was served on April 22, 1988, and the…

May 26, 1988 ·FLRA
Procedural
ALJ

Darmac Associates Corp.

Discrimination complaint dismissed after settlement

Kenneth J. Pedersen filed a discrimination complaint against Darmac Associates Corp. The company moved to dismiss, stating that the claims had been resolved through a settlement in a related National Labor Relations Board proceeding and that Pedersen consented to dismissal. Pedersen then filed a…

May 25, 1988 ·Avram Weisberger ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Local 2924 and Davis-Monthan Air Force Base

Davis-Monthan Air Force Base and AFGE Local 2924 (FLRA O-AR-1477): Nurse trainee award set aside

A licensed practical nurse at Davis-Monthan Air Force Base sought a Nurse Trainee opportunity after receiving state nurse registration. An arbitrator found that the base had breached its labor agreement by failing to restructure a registered nurse position for her and ordered that position created…

May 25, 1988 ·FLRA
Set aside
COMM

American Federation of Government Employees, General Committee and Department of Health and Human Services, Social Security Administration

AFGE General Committee and Social Security Administration (FLRA 0-AR-1518): Arbitration hearing stay denied

AFGE challenged Arbitrator Charles J. Morris's refusal to postpone an arbitration hearing while a jurisdiction issue involving another arbitrator was resolved. The Social Security Administration opposed the request, arguing that it was premature and unrelated to that other case. The Authority said…

May 25, 1988 ·FLRA
Procedural
COMM

American Federation of Government Employees, General Committee and Department of Health and Human Services, Social Security Administration

AFGE General Committee and Social Security Administration (FLRA 0-AR-1515): Arbitration hearing stay denied

AFGE sought to stop an arbitration hearing while an issue concerning another arbitrator's jurisdiction was resolved in a separate Social Security Administration case. The agency opposed the stay, arguing that the request was premature and unrelated to the other case. The Authority said it…

May 25, 1988 ·FLRA
Procedural
COMM

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

Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-1498): Absence and discipline awards stand

Four Tinker Air Force Base employees challenged absence without leave charges and discipline arising from their failure to return promptly after a break. An arbitrator reduced each employee's charged absence by five minutes in one award, then upheld three one-day suspensions and one written…

May 25, 1988 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1786 and Marine Corps Development and Education Command, Civilian Personnel Division

Marine Corps Development Command and AFGE Local 1786 (FLRA 0-AR-1485): Training program removal upheld

A Marine Corps employee entered an upward mobility program leading to an Electrician's Helper position. He did not complete one required correspondence course and was returned to his former position without losing pay. An arbitrator found that the course requirement was reasonable under the…

May 25, 1988 ·FLRA
Upheld
COMM

Department of Transportation, Federal Aviation Administration and Professional Airways Systems Specialists, MEBA

FAA and Professional Airways Systems Specialists (FLRA 3-CA-70647-1): Early appeal denied

The FAA sought immediate review after an administrative law judge refused to dismiss or narrow unfair labor practice complaints. It cited a Supreme Court ruling that compelling need for agency regulations must be decided through a specific negotiability procedure. The Authority found no…

May 24, 1988 ·FLRA
Procedural
ALJ

H. B. Zachry Company

Motion for summary decision denied

H. B. Zachry Company performed repair work at Texas Utilities Mining Company's Martin Lake Strip Mine after a fatal accident. Zachry argued that it was not subject to the Mine Act because it lacked a continuing presence at a mine, was not an independent contractor within the Act's scope, and…

May 23, 1988 ·Gary Melick ·FMSHRC
Procedural
ALJ

Emery Mining Corporation And/Or Utah Power & Light Company

Wilberg Mine Fire report excluded

Emery Mining Corporation and Utah Power & Light Company asked the judge to exclude the Secretary's report about the 1984 Wilberg Mine Fire from evidence in related contest and civil penalty proceedings. The judge found that the report contained factual and legal conclusions without an adequate…

May 20, 1988 ·John J. Morris ·FMSHRC
Procedural
COMM

Matter of Sandoz Crop Protection Corporation

Specialized knowledge standard applied

The Commissioner dismissed a company's appeal after it sought to classify a marketing manager as an intra-company transferee with specialized knowledge. The company manufactured and sold crop protection chemicals and argued that the beneficiary's experience marketing a patented herbicide in Canada…

May 20, 1988 ·BIA
Affirmed
COMM

National Association of Government Employees, Local R14-52 and Department of the Army, Red River Army Depot

Red River Army Depot and NAGE Local R14-52 (FLRA 0-NG-1552): Smoking provision appeal dismissed

The Army disapproved a negotiated provision concerning smoking in government vehicles when no nonsmoker was present. NAGE Local R14-52 petitioned the Authority to decide whether that provision was negotiable. The Army then withdrew its allegation that the provision was outside the duty to bargain…

May 20, 1988 ·FLRA
Procedural
COMM

Department of the Navy, Naval Supply Center, Charleston, South Carolina and Federal Employees Metal Trades Council of Charleston

Charleston Naval Supply Center and Metal Trades Council (FLRA 4-CA-70318): Employee addresses ordered furnished

The Federal Employees Metal Trades Council of Charleston requested names and home addresses for employees it represented at the Naval Supply Center. The center refused. An administrative law judge found that the refusal was an unfair labor practice and recommended disclosure and a notice to…

May 19, 1988 ·FLRA
Upheld
COMM

Pension Benefit Guaranty Corporation and National Treasury Employees Union, Chapter 211

Pension Benefit Guaranty Corporation and NTEU Chapter 211 (FLRA 0-AR-1465): Official-time records award upheld

The Pension Benefit Guaranty Corporation grieved the union's handling of records showing official time used by union representatives. An arbitrator found that the agency could review, copy, and take notes on the records, while the union could remove employee names and other identifying details…

May 19, 1988 ·FLRA
Upheld
ALJ

FMC Wyoming Corporation

Discrimination proceeding dismissed

Mary M. Ball asked to dismiss her discrimination proceeding against FMC Wyoming Corporation, the Secretary of Labor, and an MSHA district manager. Her motion followed a letter stating that MSHA would advise district managers to confirm that state agencies would keep miner complainants' names…

May 18, 1988 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Arch of Kentucky, Inc.

Discrimination settlement approved

Harry Thomas brought a discrimination complaint against Arch of Kentucky under section 105(c) of the Mine Act. The parties submitted a settlement agreement and asked the judge to dismiss the case. Judge William Fauver found the settlement consistent with the statute's purposes. He approved the…

May 18, 1988 ·William Fauver ·FMSHRC
Settled
ALJ

Patton Rock Products

Discrimination settlement approved

Patton Rock Products settled a discrimination complaint filed on behalf of William Lee Cook, who alleged that he was discharged after complaining about bad brakes on a front-end loader and refusing to operate it without brakes. The settlement required $756.35 in back pay and interest, permanent…

May 17, 1988 ·George A. Koutras ·FMSHRC
Settled
ALJ

Westrick Coal Company

Default order later vacated on review

Westrick Coal Company failed to respond to a show-cause order in a civil penalty proceeding. Judge Avram Weisberger entered default, ordered Westrick to pay the assessed $482 penalty, and canceled the scheduled hearing. The Commission later vacated that default order and remanded the matter so the…

May 17, 1988 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Charolais Corporation, E. R. Mining, Inc., D.B.A. as E. R. Trucking Co.

Party dismissed from discrimination case

Charles H. Sisk asked to amend his discrimination complaint by removing Charolais Corporation as a party respondent. No party objected to the request. Judge Gary Melick granted permission to amend the complaint under 29 C.F.R. § 2700.11 and dismissed Charolais Corporation from the case. The release…

May 17, 1988 ·Gary Melick ·FMSHRC
Procedural
COMM

Federal Employees Metal Trades Union Council of Charleston and Department of the Navy, Charleston Naval Shipyard

Metal Trades Union Council and Charleston Naval Shipyard (FLRA 0-NG-1459): Three profit sharing proposals are negotiable

The Charleston Naval Shipyard planned to share profits from two submarine overhauls with participating employees. The union proposed a different allocation of those profits and prorated eligibility for employees who retired before the end of a project guarantee period. The Navy argued that the…

May 17, 1988 ·FLRA
Set aside
COMM

Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, El Reno, Oklahoma and American Federation of Government Employees, Council of Prison Locals, Local 171

El Reno federal prison and AFGE Local 171 (FLRA 0-AR-1517): Seven-day suspension upheld

Two El Reno correctional officers were suspended for inattention to duty after an inmate escaped. An arbitrator overturned one officer's three-day suspension and awarded backpay, but upheld the other officer's seven-day suspension. The union challenged only the seven-day ruling, arguing that the…

May 17, 1988 ·FLRA
Upheld
COMM

Army and Air Force Exchange Service, Fort Hood, Texas and American Federation of Government Employees, Local 1920

Fort Hood Exchange Service and AFGE Local 1920 (FLRA 0-AR-1488): Union's contract violation upheld

The Fort Hood Exchange Service grieved the union's decision to contact headquarters about a local health and safety issue, alleging a violation of the parties' 1981 agreement. An arbitrator found a breach and issued a declaration to that effect. The union challenged the award, arguing that the…

May 17, 1988 ·FLRA
Upheld
COMM

U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Fort Worth, Texas and American Federation of Government Employees, Council of Prison Locals, Local 1298

Fort Worth federal prison and AFGE Local 1298 (FLRA 0-AR-1448): $250 award increase struck

An arbitrator found that a Fort Worth prison employee's performance evaluation violated the labor agreement. He ordered the prison to add $250 to the employee's $500 performance award, matching the supervisor's original recommendation of $750. The Authority held that the arbitrator had addressed an…

May 17, 1988 ·FLRA
Modified
COMM

Veterans Administration Medical Center, Jackson, Mississippi and National Federation of Federal Employees, Local 589

Jackson VA Medical Center and NFFE Local 589 (FLRA 0-AR-1447): Employee statistics ordered disclosed

NFFE Local 589 requested employee position, grade, service, race, and sex information from the Jackson VA Medical Center to examine possible discrimination and decide whether to file a grievance. An arbitrator ordered the center to provide the information without employee names. The VA argued that…

May 17, 1988 ·FLRA
Upheld
COMM

Tidewater Virginia Federal Employees Metal Trades Council and Norfolk Naval Shipyard

Metal Trades Council and Norfolk Naval Shipyard (FLRA 0-NG-1311): Reconsideration of weekend overtime ruling denied

The Norfolk Naval Shipyard asked the Authority to reconsider a ruling that two provisions on weekend overtime scheduling were negotiable. The shipyard argued that the Authority had relied on a procedural ground the parties had not briefed and had jeopardized judicial review. The Authority found no…

May 13, 1988 ·FLRA
Procedural
COMM

Association of Civilian Technicians and Division of Military and Naval Affairs, State of New York

Civilian Technicians and New York Military and Naval Affairs (FLRA 0-NG-1548): Late negotiability petition dismissed

The Association of Civilian Technicians challenged a New York military agency's allegation that certain proposals were outside its duty to bargain. The agency delivered the allegation to the union on April 11, 1988, starting a 15-day filing period. The union mailed its petition to an Authority…

May 12, 1988 ·FLRA
Procedural
COMM

Department of the Air Force, Davis-Monthan Air Force Base and American Federation of Government Employees, Local 2924

Davis-Monthan Air Force Base and AFGE Local 2924 (FLRA 8-CA-80095): Refusal to provide employee addresses violated labor law

AFGE Local 2924 asked Davis-Monthan Air Force Base for the names and home addresses of employees in its bargaining units. The base provided names and other employment information but withheld addresses, citing privacy and arguing that the information was not reasonably available or necessary. The…

May 11, 1988 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 237 and U.S. Department of Agriculture, Food and Nutrition Service, Midwest Region

NTEU Chapter 237 and USDA Food and Nutrition Service (FLRA 0-NG-1470): Two contract provisions negotiable

The Food and Nutrition Service disapproved four provisions of a locally negotiated agreement. The Authority found that the disputed part of Provision 1 would restrict management's use of performance standards, and that the disputed part of Provision 7 conflicted with management's right to take…

May 11, 1988 ·FLRA
Mixed result
COMM

Bremerton Metal Trades Council and Puget Sound Naval Shipyard

Puget Sound Shipyard workweek transition (FLRA 0-AR-1464): Union exceptions denied

The Puget Sound Naval Shipyard changed a shop employee from a standard workweek to a rotating nonstandard schedule. The employee had only one regularly scheduled day off between the two schedules, and the union grieved. The arbitrator found that federal scheduling rules required consecutive days…

May 11, 1988 ·FLRA
Upheld
COMM

Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO

Social Security Administration and AFGE (FLRA 0-AR-1451): Furlough notice award receives split review

The Social Security Administration furloughed employees during a lapse in appropriations without giving the 30 days of advance notice required by its labor agreement. An arbitrator found a contract violation, and the agency challenged that ruling. The Authority held that it lacked jurisdiction over…

May 11, 1988 ·FLRA
Mixed result
COMM

U.S. Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, National Border Patrol Council

INS and Border Patrol Council (FLRA 0-AR-1444): Authority corrects quoted contract language

The Border Patrol Council told the Authority that its earlier decision had quoted an arbitrator's explanation of a contract provision instead of the provision itself. The Justice Department did not oppose the request. The Authority agreed and issued a corrected copy of its earlier decision. The…

May 11, 1988 ·FLRA
Modified
COMM

Internal Revenue Service and National Treasury Employees Union

IRS and NTEU (FLRA 3-CA-80006): Refusal to bargain over union travel expenses violated labor law

The National Treasury Employees Union proposed that the IRS pay travel and per diem expenses for employee representatives taking part in bargaining over a new post of duty. The IRS declared the proposal nonnegotiable, although it acknowledged that the Authority had already found a substantially…

May 10, 1988 ·FLRA
Upheld
COMM

Social Security Administration Field Operations, New York Region and American Federation of Government Employees

Social Security Field Operations and AFGE (FLRA 2-CA-40303): Settlement withdrawal question returned to judge

A Regional Director sought to withdraw consolidated unfair labor practice complaints against Social Security Administration Field Operations in New York so that an informal settlement could be approved. An administrative law judge had transmitted his approval of the settlement for Authority action…

May 10, 1988 ·FLRA
Remanded
COMM

Department of the Navy, Navy Resale Activity, Charleston, South Carolina and Federal Employees Metal Trades Council of Charleston

Navy Resale Activity Charleston and Metal Trades Council (FLRA 4-CA-70322): Employee address disclosure ordered

The Federal Employees Metal Trades Council of Charleston requested the names and home addresses of bargaining unit employees at a Navy resale activity. The activity refused, and an administrative law judge found that the refusal violated the federal labor statute. The Authority rejected the…

May 9, 1988 ·FLRA
Upheld
COMM

Department of the Navy, Naval Hospital, Charleston, South Carolina and Federal Employees Metal Trades Council of Charleston

Charleston Naval Hospital and Metal Trades Council (FLRA 4-CA-70319): Employee address disclosure ordered

The Federal Employees Metal Trades Council of Charleston requested the names and home addresses of bargaining unit employees at the Charleston Naval Hospital. The hospital refused, and an administrative law judge found an unfair labor practice. The Authority reviewed the hospital's exceptions and…

May 9, 1988 ·FLRA
Upheld
COMM

U.S. Department of Agriculture, Forest Service and National Federation of Federal Employees, Forest Service Council

USDA, Forest Service, and NFFE Forest Service Council (FLRA 3-CA-70604): Department liable for blocking address disclosure

The NFFE Forest Service Council requested the names and home addresses of employees in its bargaining units. The Department of Agriculture directed the Forest Service to refuse, citing the Privacy Act. The Authority found that the department's direction interfered with the bargaining relationship…

May 9, 1988 ·FLRA
Mixed result
COMM

U.S. Department of Justice, Bureau of Prisons, Federal Correctional Institution Ray Brook and American Federation of Government Employees, Local 3882

Bureau of Prisons Ray Brook and AFGE Local 3882 (FLRA 1-CA-40368): Attorney fees ordered after reinstatement dispute

The Bureau of Prisons did not return an employee to the Ray Brook facility as an earlier arbitration award required. After the Authority found an unfair labor practice and the employee received reinstatement and backpay, the union sought attorney fees. The Authority agreed with the administrative…

May 9, 1988 ·FLRA
Upheld
COMM

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

AFGE Local 85 and VA Medical Center Leavenworth (FLRA 0-AR-1486): Reprimand award upheld

A Veterans Administration medical center reprimanded an employee after concluding that he had misrepresented his inability to work when requesting sick leave. An arbitrator denied the grievance and found the reprimand appropriate. The union argued that the award rested on facts outside the record…

May 9, 1988 ·FLRA
Upheld
COMM

Matter of Juarez

Single misdemeanor generally not particularly serious

The Board reviewed a Guatemalan respondent's appeal after an immigration judge denied asylum and withholding of deportation based on a single misdemeanor assault conviction. The conviction involved four days of time served, a suspended six-month sentence, and probation. The Board held that, except…

April 29, 1988 ·BIA
Remanded
COMM

National Association of Government Employees, Federal Union of Scientists and Engineers and Naval Underwater Systems Center

NAGE and Naval Underwater Systems Center (FLRA 0-NG-1528): Negotiability dispute ends after withdrawal

The union asked the Naval Underwater Systems Center for a written allegation that a proposal concerning a reorganization was nonnegotiable. The center did not respond, and the union petitioned the Authority to decide whether the proposal fell within the duty to bargain. The agency later withdrew…

April 29, 1988 ·FLRA
Procedural
COMM

Federal Service Impasses Panel request for general ruling

Federal Service Impasses Panel (FLRA 0-MC-12): Broad status quo ruling declined

The Federal Service Impasses Panel asked the Authority to state generally when an agency must maintain existing working conditions while bargaining or mediation continues. The Panel said some unions sought its help before using mediation, potentially delaying agency changes. The Authority found…

April 29, 1988 ·FLRA
Procedural
COMM

Kelly Air Force Base, San Antonio Air Logistics Center and American Federation of Government Employees, Council 214

Kelly Air Force Base and AFGE Council 214 (FLRA 0-AR-1541): Late arbitration exceptions dismissed

AFGE Council 214 sent exceptions to an arbitration award to an Authority regional office in Dallas rather than the national office in Washington. The Authority determined that the filing fell outside the statutory period for arbitration exceptions. It dismissed the exceptions without reaching the…

April 29, 1988 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1625 and Non-Appropriated Fund Instrumentality, Naval Air Station Oceana

AFGE Local 1625 and Naval Air Station Oceana (FLRA O-NG-1475): Training proposal negotiable, probation rule rejected

AFGE Local 1625 proposed training for employees displaced when technology eliminated their jobs and counseling requirements before terminating probationary employees for poor performance. The Authority found the training proposal negotiable because it required training only to the extent…

April 28, 1988 ·FLRA
Mixed result
COMM

Philadelphia Naval Shipyard and Philadelphia Metal Trades Council

Philadelphia Naval Shipyard and Metal Trades Council (FLRA 0-AR-1494): Shift change grievance upheld without backpay

The Philadelphia Naval Shipyard moved 10 employees from the night shift because of their attendance records. An arbitrator found that using a shift change as discipline violated the labor agreement but declined to award the night shift pay differential. The union challenged the lack of backpay. The…

April 28, 1988 ·FLRA
Upheld
COMM

Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Council 214

Air Force Logistics Command and AFGE Council 214 (FLRA 0-AR-1473): Expedited arbitration deadline upheld

AFGE Council 214 disputed when a five-workday deadline to request expedited arbitration began under its agreement with the Air Force Logistics Command. An arbitrator read the deadline as running from the date of the agency's Step 3 grievance decision rather than the date the union received it. The…

April 28, 1988 ·FLRA
Upheld
COMM

Veterans Administration and American Federation of Government Employees, Local 1228

Veterans Administration and AFGE Local 1228 (FLRA 0-AR-1461): Higher appraisal award set aside

A Veterans Administration employee challenged a satisfactory performance rating and sought an outstanding rating. An arbitrator instead ordered a highly satisfactory rating, relying in part on standards adopted after the appraisal period and comparisons with other employees. The Authority held that…

April 28, 1988 ·FLRA
Set aside
COMM

Social Security Administration and American Federation of Government Employees, AFL-CIO

Social Security Administration and AFGE (FLRA 0-AR-1450): Arbitrator's appraisal change set aside

An SSA employee challenged lower ratings on two elements of her performance appraisal. An arbitrator ordered the ratings raised after concluding that a fair evaluation would match or improve on the previous year's ratings. The agency filed exceptions, and the Authority found no clear waiver of its…

April 28, 1988 ·FLRA
Set aside
COMM

Letterman Army Medical Center, Nutrition Care Directorate and Independent Letterman Hospital Workers' Union

Letterman Army Medical Center and Hospital Workers' Union (FLRA 0-AR-1392): Reconsideration denied

The Authority had earlier upheld an arbitrator's finding that the separation of a veteran readjustment appointee during the first year of employment was outside the negotiated grievance procedure. The union sought reconsideration, arguing that the dispute concerned allegedly false testimony and…

April 28, 1988 ·FLRA
Procedural
COMM

American Federation of Government Employees, Council 214 and Department of the Air Force, Air Force Logistics Command

AFGE Council 214 and Air Force Logistics Command (FLRA O-NG-1472): Union telephone service proposals negotiable

AFGE Council 214 proposed telephone and conferencing services for union labor relations work, including access to the Air Force's AUTOVON network. The Air Force argued that the proposals concerned its work technology and conflicted with a Defense Department directive. The Authority found that…

April 27, 1988 ·FLRA
Set aside
COMM

Missouri National Guard, Office of the Adjutant General and National Association of Government Employees Locals R14-68, 71, 73, and 97

Missouri National Guard and NAGE locals (FLRA 7-CA-30494): Midterm flexitime complaint dismissed

NAGE locals sought to bargain over flexitime during the term of an agreement with the Missouri National Guard. After a court set aside an earlier Authority decision, the Authority reconsidered whether the Guard had a duty to bargain. It found that the parties' agreement clearly limited their right…

April 27, 1988 ·FLRA
Set aside
COMM

Department of the Army, U.S. Army Missile Command, Redstone Arsenal and American Federation of Government Employees, Local 1858

Army Missile Command and AFGE Local 1858 (FLRA 0-AR-1462): Removal exceptions dismissed for lack of jurisdiction

An arbitrator upheld the removal of an Army Missile Command employee after an extended absence without leave. The union challenged the award before the Authority. The Authority held that removal is an adverse action covered by 5 U.S.C. § 7512 and that the labor statute excludes such arbitration…

April 27, 1988 ·FLRA
Procedural
COMM

Washington Plate Printers Union, Local 2 and U.S. Department of the Treasury, Bureau of Engraving and Printing

Washington Plate Printers and Bureau of Engraving (FLRA 0-AR-1442): Cleanup period award upheld

Plate printers at the Bureau of Engraving and Printing handled ink and other hazardous substances during press cleanup before lunch. An arbitrator read the labor agreement to reserve up to 10 minutes for employees to wash themselves before eating, without other work assignments during that period…

April 27, 1988 ·FLRA
Upheld
COMM

Matter of Ozkok

Deferred adjudication can constitute a final conviction

The Board affirmed in part and remanded a deportation case involving a lawful permanent resident from Turkey who pleaded guilty to possessing cocaine with intent to distribute. The Board held that a conviction exists for immigration purposes when a judge or jury finds guilt, the court imposes…

April 26, 1988 ·BIA
Mixed result

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.