Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

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COMM

U.S. Army Corps of Engineers, Kansas City District and National Federation of Federal Employees, Local 29

Army Corps Kansas City and NFFE Local 29 (FLRA 7-CA-30445): Midterm appraisal bargaining ordered

NFFE Local 29 asked the Kansas City District to bargain over how to appraise employees whose union representation duties kept them from performing their regular work for much of a rating period. The district refused, arguing that the agreement limited midterm bargaining. On remand, the Authority…

April 25, 1988 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3529 and Jerry Cyncynatus

AFGE Local 3529 and Jerry Cyncynatus (FLRA 5-CO-60013): Fair representation complaint dismissed

An AFGE local president missed the deadline to grieve a bargaining unit employee's five-day suspension after promising to file a grievance. An administrative law judge found that the union had breached its duty of fair representation. The Authority found that the president had investigated the case…

April 22, 1988 ·FLRA
Set aside
COMM

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

Air Force Logistics Command and AFGE Council 214 (FLRA 5-CA-50046): Union dues withholding found unlawful

Air Force Logistics Command withheld $220.50 from current union dues remittances to recover dues it had mistakenly remitted earlier. The Authority initially found no violation, but a federal court reversed that decision. In this supplemental decision, the Authority found that the labor statute…

April 22, 1988 ·FLRA
Set aside
COMM

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

Border Patrol Council and Justice Department (FLRA 0-NG-1480): Petition over imposed contract provisions dismissed

The Justice Department disapproved provisions of an agreement with the Border Patrol Council after an interest arbitrator had directed the parties to include them. The union petitioned the Authority to review the disapproval. The Authority held that agency head review did not apply to provisions…

April 22, 1988 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 1256 and Department of the Air Force, K.I. Sawyer Air Force Base

NFFE Local 1256 and K.I. Sawyer Air Force Base (FLRA 0-NG-1469): Quality step increase proposal negotiable

The Air Force tightened its rules for quality step increases, limiting which employees could be considered and extending the interval between awards. NFFE Local 1256 proposed retaining the earlier eligibility policy at K.I. Sawyer Air Force Base. The Air Force challenged the petition's timing and…

April 22, 1988 ·FLRA
Set aside
COMM

Commander, Griffiss Air Force Base and American Federation of Government Employees, Local 2612

Griffiss Air Force Base and AFGE Local 2612 (FLRA 0-AR-1496): Absence charge upheld

A union president at Griffiss Air Force Base left work early after his supervisor denied official time to prepare for contract negotiations. He said he instead worked on a grievance and an unfair labor practice charge. An arbitrator found that he had not told the supervisor he was leaving for those…

April 22, 1988 ·FLRA
Upheld
COMM

Social Security Administration and American Federation of Government Employees, Local 1923

SSA and AFGE Local 1923 (FLRA 0-AR-1491): Security system time records allowed under agreement

The Social Security Administration used card key records from a computer center's security system to check an employee's time and attendance reports. AFGE Local 1923 argued that the use violated a memorandum of understanding and the labor agreement. An arbitrator found that the memorandum neither…

April 22, 1988 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3627 and Social Security Administration, Office of Hearings and Appeals, Region IV

AFGE Local 3627 and SSA Hearings and Appeals (FLRA 0-AR-1490): Removal exceptions dismissed

An SSA employee grieved a suspension and a later removal, arguing that the discipline reflected union activity, whistleblowing, and ethnic bias. An arbitrator denied the consolidated grievances. The union filed exceptions with the Authority. The Authority found that the award concerned removal, an…

April 22, 1988 ·FLRA
Procedural
COMM

General Services Administration and American Federation of Government Employees, Local 2600

GSA and AFGE Local 2600 (FLRA 0-AR-1479): Temporary promotion grievance denial upheld

A General Services Administration employee sought a temporary promotion and higher pay for duties he said he performed above his grade. An arbitrator found that the agency had not violated the labor agreement by declining the promotion. The union argued that the arbitrator had framed the issues…

April 22, 1988 ·FLRA
Upheld
COMM

Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482

Marine Corps Logistics Base Barstow and AFGE Local 1482 (FLRA 0-AR-1452): Overtime award upheld; later partly vacated

A sports specialist at a Marine Corps logistics base claimed overtime for work performed before officiating athletic events after his normal shift. An arbitrator found that his supervisor knew about the work and awarded overtime for qualifying periods. The Navy argued that the award lacked the…

April 22, 1988 ·FLRA
Upheld
COMM

Matter of Rosales

Administrative closure was not a substitute for an in absentia hearing

The Board sustained the Service's appeal from an immigration judge's administrative closure of a deportation case after the respondent failed to appear and could not be located. The Board held that the immigration judge should have held an in absentia hearing and issued a final order instead of…

April 21, 1988 ·BIA
Remanded
COMM

Matter of Amico

Noticed absence led Board to reject administrative closure

The Board sustained the Service's appeal from an immigration judge's administrative closure of a deportation case after the respondent failed to appear for a scheduled hearing. The Board held that administrative closing is only an administrative convenience and that the immigration judge should…

April 21, 1988 ·BIA
Remanded
COMM

Social Security Administration, Office of Hearings and Appeals and National Treasury Employees Union, Chapter 224

SSA Hearings and Appeals and NTEU Chapter 224 (FLRA 0-AR-1455): Overtime assignment award set aside

Five SSA employees challenged the agency's assignment of overtime work, and an arbitrator sustained their grievance. The agency argued that the award restricted its statutory right to assign work. The Authority agreed, finding that the agency could determine the qualifications needed for overtime…

April 20, 1988 ·FLRA
Set aside
COMM

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

VA Medical Center Leavenworth and AFGE Local 85 (FLRA 57-CA-70016): Union activity complaint dismissed

An unfair labor practice complaint alleged that a fire chief at the Leavenworth VA medical center gave a firefighter low midyear marks and made coercive comments because the employee used official time for union work. The administrative law judge found that the supervisor was concerned about missed…

April 19, 1988 ·FLRA
Upheld
COMM

Matter of Fuentes

Police service and local danger did not establish protected-ground persecution

The Board dismissed a Salvadoran respondent's appeal after an immigration judge found him deportable for entering without inspection, denied asylum and withholding of deportation, and granted voluntary departure. The respondent had served in El Salvador's national police and as a guard at the…

April 18, 1988 ·BIA
Affirmed
COMM

Matter of Lozada

Ineffective-assistance motions require specific supporting steps

The Board denied a motion to reopen or reconsider a deportation case based on alleged ineffective assistance of counsel. The Board held that such a motion must include the respondent's detailed account of the agreement with former counsel and the alleged failures, notice to former counsel with an…

April 18, 1988 ·BIA
Procedural
COMM

Matter of Buscemi

Serious criminal history outweighed section 212(c) equities

The Board dismissed an appeal from the denial of section 212(c) relief for an Italian lawful permanent resident convicted of attempted sale of heroin and attempted robbery. The Board accepted that the respondent had substantial equities, including long residence in the United States, close family…

April 18, 1988 ·BIA
Affirmed
COMM

Matter of Vizcaino

Bona fide parent-child relationship required for a father's petition

The Board sustained an appeal from the denial of a visa petition filed by a United States citizen for his purported son, who was born to a woman the petitioner never married. The Board held that the amended law could apply to petitions filed after its effective date even when the beneficiary was…

April 15, 1988 ·BIA
Remanded
COMM

Department of the Air Force, 21st Combat Support Group, Elmendorf Air Force Base and American Federation of Government Employees, Local 1668

Elmendorf Air Force Base and AFGE Local 1668 (FLRA 9-CA-70308): Employee address disclosure ordered

AFGE Local 1668 requested the names and home addresses of employees in its bargaining unit at Elmendorf Air Force Base. The base refused, citing privacy concerns and arguing that it lacked a single record with all the requested information. The Authority found that its disclosure precedent applied…

April 14, 1988 ·FLRA
Upheld
COMM

Department of the Navy request concerning Federal Service Impasses Panel interest arbitration

Navy request concerning the Impasses Panel (FLRA 0-PS-31): Interest arbitration challenge denied

The Navy challenged the Federal Service Impasses Panel's direction that it and a union use binding interest arbitration to resolve a bargaining impasse at a Marine Corps command. It asked the Authority to stop the Panel or issue a policy statement saying that the Panel lacked that power. The…

April 14, 1988 ·FLRA
Procedural
COMM

Department of the Navy, Naval Station, Naval Base Charleston and Federal Employees Metal Trades Council of Charleston

Naval Base Charleston and Metal Trades Council (FLRA 4-CA-70321): Address disclosure ordered

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

April 13, 1988 ·FLRA
Upheld
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): Interest arbitration award modified

An interest arbitrator imposed contract terms to resolve a bargaining impasse between the Border Patrol Council and the Justice Department. Both sides challenged parts of the award. The Authority held that the Federal Service Impasses Panel could direct binding interest arbitration and rejected…

April 13, 1988 ·FLRA
Modified
COMM

Matter of Haim

Reopening is the route for explaining an in absentia absence

The Board dismissed an applicant's appeal from an immigration judge's order excluding and deporting her after she failed to appear at an exclusion hearing. The Board held that an applicant who wants to explain an absence based on facts not before the immigration judge must move to reopen the…

April 11, 1988 ·BIA
Affirmed
COMM

National Association of Government Employees and State of Washington Military Department

NAGE and Washington Military Department (FLRA 0-NG-1466): Flexible schedule proposal negotiable

NAGE proposed flexible and compressed work schedules for bargaining unit employees of the Washington Military Department. The department resisted bargaining while related cases were pending in federal court and argued that the proposal was outside the duty to bargain. The Authority found the…

April 6, 1988 ·FLRA
Set aside
COMM

Matter of Balibundi

Asylum application was abandoned after hearing nonappearance

The Board dismissed a Ugandan student's appeal from a deportation order and the denial of asylum and withholding of deportation. The respondent failed to appear at the hearing scheduled to consider his applications, despite actual notice, and did not contact the immigration court or the Service…

April 5, 1988 ·BIA
Affirmed
COMM

Matter of Badalamenti

Terminated parole did not automatically make an extradited alien an applicant for admission

The Board remanded an exclusion case involving an Italian national who had been extradited to the United States for criminal prosecution and then paroled. After the criminal case ended, the government revoked parole and gave him about seven days to arrange his departure before initiating exclusion…

April 4, 1988 ·BIA
Remanded
COMM

Matter of Awwal

Sham marriage could not establish a steprelationship for immigration benefits

The Board dismissed an appeal from the rescission of a Bangladeshi respondent's adjustment of status. His adjustment had been based on being the stepchild of his mother's United States citizen husband, but the mother's marriage was later found to be a sham. The Board held that a steprelationship…

April 4, 1988 ·BIA
Affirmed
COMM

Field & Associates, Inc.

Ladder citation settlement approved for $700

Field & Associates contested a serious citation and a repeat citation involving a ladder. The company represented that it had abated the conditions by taking the ladder out of use. It agreed to withdraw its contest and pay $700 to resolve all disputed matters without admitting fault or liability…

April 4, 1988 ·OSHRC
Settled
COMM

American Federation of Government Employees, Local 3369 and Social Security Administration, Midtown District Office

AFGE Local 3369 and SSA Midtown Office (FLRA 0-NG-1498): Smoking interval petition dismissed

AFGE Local 3369 proposed working intervals when employees at an SSA district office could smoke in designated areas. The agency responded that the issue had been resolved at the national level and that it had no local duty to bargain, but it did not declare the proposal nonnegotiable under law or…

March 31, 1988 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 3369 and Social Security Administration, Cypress Hills District Office

AFGE Local 3369 and SSA Cypress Hills Office (FLRA 0-NG-1486): Working smoke intervals negotiable

AFGE Local 3369 proposed intervals when employees could smoke in designated areas while continuing work at an SSA district office. The agency alleged that the proposal interfered with management rights and conflicted with a national memorandum, but it filed no supporting statement with the…

March 31, 1988 ·FLRA
Set aside
COMM

Department of the Navy, U.S. Naval Supply Center San Diego and American Federation of Government Employees, Local 1399

Naval Supply Center San Diego and AFGE Local 1399 (FLRA 8-CA-70084): Parking change complaint dismissed

The Naval Supply Center in San Diego notified AFGE Local 1399 that it would reserve 11 employee parking spaces for managers. The parties bargained and reached impasse, and the center gave 11 days' notice before implementing the change. The union sought mediation only after implementation. The…

March 30, 1988 ·FLRA
Upheld
COMM

Veterans Administration Supply Depot, Marketing Center, and Lakeside Medical Center and General Service Employees Union, Local 73

Veterans Administration facilities and SEIU Local 73 (FLRA 5-CA-70347): Employee address disclosure ordered

SEIU Local 73 requested names and home addresses for represented employees at a supply depot, marketing center, and medical center. The Veterans Administration facilities refused, arguing that privacy law barred release and questioning whether the information was needed or reasonably available. The…

March 30, 1988 ·FLRA
Upheld
COMM

Department of Health and Human Services, Office of the General Counsel and American Federation of Government Employees, Local 1923

HHS Office of the General Counsel and AFGE Local 1923 (FLRA 3-CA-70568): Employee address disclosure ordered

AFGE Local 1923 requested the names and home addresses of employees it represented at the HHS Office of the General Counsel so it could communicate with them about workplace and bargaining matters. The office refused, citing privacy concerns and other ways for the union to reach employees. The…

March 30, 1988 ·FLRA
Upheld
COMM

Veterans Administration Medical Center, Gainesville, Florida and American Federation of Government Employees, Local 2779

VA Medical Center Gainesville and AFGE Local 2779 (FLRA 0-AR-1499): Late arbitration exceptions dismissed

AFGE Local 2779 sent exceptions to an arbitration award to an Authority regional office in Atlanta instead of the national office in Washington. The Authority determined that the exceptions were filed after the deadline measured from service of the award. It dismissed them without reaching the…

March 30, 1988 ·FLRA
Procedural
COMM

Metropolitan Correctional Center and American Federation of Government Employees, Local 3652

Metropolitan Correctional Center and AFGE Local 3652 (FLRA 0-AR-1449): Guard's suspension upheld

A Metropolitan Correctional Center guard received a five-day suspension for being inattentive while on duty. The arbitrator found that he sat where he could not watch the building and grounds as assigned and that the suspension had just cause. AFGE Local 3652 challenged the arbitrator's fact…

March 29, 1988 ·FLRA
Upheld
COMM

ACTION Employees Local, American Federation of State, County and Municipal Employees and ACTION

ACTION Employees Local and ACTION (FLRA 0-NG-1460): Reorganization proposals outside bargaining duty

ACTION planned to move specialists from three small state offices to offices needing more staff. The union proposed a volunteer survey that could select employees from other offices and proposed balancing workloads after the moves. The Authority found that the survey proposal would take from ACTION…

March 28, 1988 ·FLRA
Upheld
COMM

Pacific Missile Test Center, National Association of Government Employees, Local R12-33, and National Federation of Federal Employees, Local 1374

Pacific Missile Test Center union election (FLRA 8-RO-70005): Review of election objections denied

NAGE Local R12-33 received more votes than the incumbent NFFE Local 1374 in a representation election at the Pacific Missile Test Center. NFFE objected after center officials stopped its use of helium balloons near aircraft and restricted its campaign director's access following a dispute. The…

March 25, 1988 ·FLRA
Upheld
COMM

Rolla Research Center, U.S. Bureau of Mines and National Federation of Federal Employees, Local 934

Rolla Research Center and NFFE Local 934 (FLRA 7-CA-60066): Information refusal finding clarified

The Authority had previously found that the Rolla Research Center unlawfully withheld information needed by NFFE Local 934 and refused to convene a joint committee required by the parties' agreement. Its General Counsel asked it to reconsider two portions of that decision. The Authority agreed that…

March 25, 1988 ·FLRA
Upheld
COMM

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

Scott Air Force Base and NAGE Local R7-23 (FLRA 5-CA-60238): Meal surcharge change required bargaining

For more than three years, represented civilian employees at Scott Air Force Base's medical center paid only the basic food charge for meals. The base began collecting a surcharge in March 1986 after a change in Air Force regulations, without advance notice to NAGE Local R7-23. The Authority found…

March 25, 1988 ·FLRA
Upheld
COMM

International Brotherhood of Electrical Workers, Local 1245 and Department of Energy, Western Area Power Administration

IBEW Local 1245 and Western Area Power Administration (FLRA 0-NG-1465): Free insurance proposals outside bargaining duty

IBEW Local 1245 proposed that the Western Area Power Administration pay for accidental death and dismemberment coverage and fully fund medical insurance or supplemental medical coverage for employees. The Authority found that federal statutes already govern these insurance benefits and allocate…

March 25, 1988 ·FLRA
Upheld
COMM

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

Portsmouth Metal Trades Council and Naval Shipyard (FLRA 0-NG-1464): Scheduled 16-hour shift proposal negotiable

The Portsmouth Metal Trades Council proposed that the naval shipyard consider qualified employees for scheduled overtime even when it would result in a 16-hour shift. The Navy argued that such shifts could affect alertness and would interfere with its right to assign work and direct employees. The…

March 25, 1988 ·FLRA
Set aside
COMM

U.S. Patent and Trademark Office and Patent Office Professional Association

Patent and Trademark Office and POPA (FLRA 3-CA-50396): Official time award and bargaining duties enforced

The Patent and Trademark Office failed to comply with an arbitrator's award on official time for union negotiators and changed how it calculated service commitments for employees whose law school costs it had paid. The Authority adopted findings that the award refusal was unlawful and that the…

March 24, 1988 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 2663 and Veterans Administration Medical Center, Kansas City

AFGE Local 2663 and Kansas City VA Medical Center (FLRA 0-NG-1477): Training assignment proposals nonnegotiable

The Kansas City VA Medical Center required employees who worked with disturbed patients to complete a training workshop. AFGE Local 2663 proposed returning employees who had been reassigned after unsuccessful training to their former areas and barring untrained employees from assignments in certain…

March 24, 1988 ·FLRA
Upheld
COMM

National Treasury Employees Union and Department of Health and Human Services, Region IX

NTEU and HHS Region IX (FLRA 0-NG-1457): Excepted service coverage proposal negotiable

NTEU proposed covering excepted service employees under several articles of its agreement with HHS Region IX, including grievance, arbitration, and adverse action procedures. HHS argued that the Civil Service Reform Act prevented it from extending those protections to nonpreference eligible…

March 24, 1988 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 3836 and Federal Emergency Management Agency

AFGE Local 3836 and FEMA (FLRA O-NG-1454): Four performance award proposals negotiable

FEMA planned a performance awards system, and AFGE Local 3836 proposed rules for the bargaining unit's award pool, committee procedures, and union participation. FEMA argued that the proposals interfered with management rights and conflicted with agency regulations. The Authority found that…

March 23, 1988 ·FLRA
Set aside
COMM

Matter of Barcenas

Evidence challenge required more than an unsupported affidavit

The Board dismissed a Mexican respondent's appeal from a deportation order based on entry without inspection. The Board held that a person challenging the legality or admissibility of evidence must first present proof establishing a prima facie basis for exclusion, and that an affidavit alone was…

March 23, 1988 ·BIA
Affirmed
COMM

U.S. Army Air Defense Artillery Center and Fort Bliss, HERE Local 628, and NAGE Local R14-22

Fort Bliss temporary cooks representation (FLRA 6-RO-70011): Separate unit review denied

HERE Local 628 sought a separate bargaining unit for temporary cooks at Fort Bliss. The Regional Director found that, despite differences in work and supervision, the cooks shared a community of interest with other Wage Grade employees in the established unit represented by NAGE Local R14-22. He…

March 23, 1988 ·FLRA
Upheld
COMM

Department of Justice, Immigration and Naturalization Service and Houston District Office and AFGE Local 3332

INS Houston District Office and AFGE Local 3332 (FLRA 6-CA-70159): Address refusal and agency interference unlawful

AFGE Local 3332 asked the INS Houston District Office for the names and home addresses of represented employees. The district office declined, pointing to other contact methods, while INS headquarters had told its offices that releasing home addresses was barred by law. The Authority found the…

March 23, 1988 ·FLRA
Upheld
COMM

Veterans Administration Medical Center, Battle Creek and American Federation of Government Employees, Local 1629

Battle Creek VA Medical Center and AFGE Local 1629 (FLRA 5-CA-70091): Reconsideration denied

The Authority had found that the Battle Creek VA Medical Center violated the statute by withholding employees' names and home addresses from AFGE Local 1629. The Veterans Administration sought reconsideration based on an appellate ruling in another address disclosure case and an employee's…

March 23, 1988 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1482 and Marine Corps Logistics Base, Barstow

AFGE Local 1482 and Marine Corps Logistics Base Barstow (FLRA 0-NG-1483): Bicycle proposal nonnegotiable

The Marine Corps Logistics Base in Barstow planned to ban bicycles inside a large repair building after near misses involving bicycles and industrial equipment. AFGE Local 1482 proposed allowing privately owned bicycles subject to safety rules and penalties for violations. The Authority found that…

March 23, 1988 ·FLRA
Upheld
COMM

Social Security Administration and American Federation of Government Employees, Local 1923

Social Security Administration and AFGE Local 1923 (FLRA 0-AR-1431): Backpay award set aside

Three Social Security Administration employees at grade GS-4 performed quality assurance duties and sought temporary GS-5 promotions with backpay. An arbitrator found that their work matched a higher grade and ordered pay for the periods involved. The Authority held that the dispute concerned…

March 23, 1988 ·FLRA
Set aside
COMM

Pearl Harbor Naval Shipyard Restaurant System and Hawaii Federal Employees Metal Trades Council

Pearl Harbor Shipyard Restaurant System and Hawaii Metal Trades Council (FLRA 98-CA-70614): Employee addresses ordered

The Hawaii Federal Employees Metal Trades Council requested the names and home addresses of employees it represented at the Pearl Harbor Naval Shipyard Restaurant System. The restaurant system refused, arguing that an affiliated local administered the contract and should make any request, and…

March 22, 1988 ·FLRA
Upheld
COMM

U.S. Army Air Defense Center and Fort Bliss, NFFE Local 2068, and NAGE Local R14-89

Fort Bliss and NFFE Local 2068 (FLRA 6-CA-60020): Reconsideration of campaign facility ruling denied

During a representation election campaign, NFFE Local 2068 sought a building comparable to the union hall held by incumbent NAGE Local R14-89. The Authority had found that Fort Bliss met its obligation by offering NFFE customary meeting facilities and did not have to supply an equivalent building…

March 22, 1988 ·FLRA
Procedural
COMM

Veterans Administration Medical Center, Miami and National Federation of Federal Employees, Local 1453

Miami VA Medical Center and NFFE Local 1453 (FLRA 4-CA-70372): Employee addresses ordered

NFFE Local 1453 requested names and home addresses for the employees it represented at the Miami VA Medical Center. The medical center denied the request at the direction of VA headquarters. The judge rejected arguments that privacy law or other ways to contact employees excused withholding the…

March 22, 1988 ·FLRA
Upheld
COMM

Veterans Administration, Carl Vinson VA Medical Center and American Federation of Government Employees, Local 1985

Carl Vinson VA Medical Center and AFGE Local 1985 (FLRA 4-CA-70231): Employee address disclosure ordered

AFGE Local 1985 requested the names and home addresses of employees it represented at the Carl Vinson VA Medical Center in Dublin, Georgia. The Authority adopted a judge's finding that the VA's refusal violated its duty to provide information to the exclusive representative. It ordered the VA and…

March 22, 1988 ·FLRA
Upheld
COMM

AFGE National Archives Council 1260 and National Archives and Records Administration

AFGE Council 1260 and National Archives (FLRA 0-NG-1463): Blazer requirement proposal nonnegotiable

The National Archives planned to require research room employees to wear agency supplied blazers and name tags so visitors could identify staff who assist researchers and safeguard records. AFGE Council 1260 proposed that employees not be required to wear blazers. The Authority found a reasonable…

March 21, 1988 ·FLRA
Upheld
COMM

63rd Civil Engineers Squadron, Norton Air Force Base and AFGE Interdepartmental Local 3854

Norton Air Force Base and AFGE Local 3854 (FLRA 8-CA-70666): Fire branch employee addresses ordered

AFGE Local 3854 requested names and home addresses for civilian employees it represented in the Fire Protection Branch at Norton Air Force Base. The 63rd Civil Engineers Squadron refused, arguing that privacy law barred release and that the union had not shown a need for the information. It also…

March 18, 1988 ·FLRA
Upheld
COMM

Ogden Air Logistics Center and American Federation of Government Employees, Local 1592

Ogden Air Logistics Center and AFGE Local 1592 (FLRA 0-AR-1423): Performance rating award modified

An electroplater at Ogden Air Logistics Center challenged his performance appraisal. An arbitrator found the center had failed to counsel him as required by the labor agreement, then ordered a higher rating and more quantifiable standards for his position. The Authority held that the arbitrator…

March 18, 1988 ·FLRA
Modified
COMM

Matter of Ho

Adoption evidence did not establish the required residence and custody

The Board dismissed an appeal from the revocation of a visa petition filed for the petitioner's claimed adopted son. The petitioner, a naturalized United States citizen from China, claimed that he and his wife had adopted the beneficiary in the People's Republic of China and that the beneficiary…

March 17, 1988 ·BIA
Affirmed
COMM

Matter of Vigil

Neutral Salvadoran status did not establish asylum eligibility

The Board dismissed a Salvadoran respondent's appeal from a deportation order and the denial of asylum and withholding of deportation. The respondent argued that his status as a young, urban, unenlisted man and his wish to remain neutral in El Salvador's civil conflict supported protection. The…

March 17, 1988 ·BIA
Affirmed

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.