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

Maxwell Air Force Base and American Federation of Government Employees, Local 997

Maxwell Air Force Base and AFGE Local 997 (FLRA 4-CA-70746): Contact information ordered

AFGE Local 997 requested names and home addresses for employees in two bargaining units at Maxwell Air Force Base and Gunter Air Force Station. The base refused, arguing that privacy law barred disclosure and that compiling the information from several systems would be too burdensome. The Authority…

March 17, 1988 ·FLRA
Upheld
COMM

National Treasury Employees Union and Department of the Treasury, Bureau of the Public Debt

NTEU and Bureau of the Public Debt (FLRA 0-NG-1453): Union negotiator travel proposal negotiable

NTEU proposed that the Bureau of the Public Debt pay travel and per diem allowances for union negotiating committee members on official time, subject to the Federal Travel Regulations. The bureau asserted that the proposal did not concern working conditions and conflicted with government wide…

March 17, 1988 ·FLRA
Set aside
COMM

323rd Flying Training Wing, Mather Air Force Base and American Federation of Government Employees, Local 1692

Mather Air Force Base and AFGE Local 1692 (FLRA 9-CA-70270): Unit employee addresses ordered

AFGE Local 1692 sought names and home addresses for employees at Mather Air Force Base. Its request mentioned both appropriated and nonappropriated fund workers, but it represented the appropriated fund bargaining unit, and the Authority's order covered that unit. The base argued that privacy law…

March 16, 1988 ·FLRA
Upheld
COMM

Internal Revenue Service, Indianapolis District Office and National Treasury Employees Union, Chapter 49

IRS Indianapolis and NTEU Chapter 49 (FLRA 5-CA-70039): Employee preference poll did not bypass union

The IRS Indianapolis District planned a new Northside satellite office and asked employees whether they wanted to work there. NTEU Chapter 49 alleged that asking employees directly bypassed its role as exclusive representative. The Authority found that the IRS notified the union before the poll…

March 16, 1988 ·FLRA
Upheld
COMM

Association of Civilian Technicians, Pennsylvania State Council and Adjutant General of Pennsylvania

Pennsylvania Civilian Technicians and Adjutant General (FLRA 0-NG-1379): Reconsideration leaves proposal rulings in place

The Association of Civilian Technicians asked the Authority to reconsider an earlier negotiability decision about aligning National Guard technicians' civilian and military assignments. The Authority agreed it had wrongly treated the union's response as late and considered its arguments. It…

March 16, 1988 ·FLRA
Mixed result
COMM

Matter of Church Scientology International

Religious entities had to meet the same L-1 relationship standards

The Commissioner affirmed the denial of a sixth-preference immigrant visa petition filed by the Mother Church of the Church of Scientology for a beneficiary who worked as an establishment executive. The decision held that religious organizations may seek L-1 or Schedule A, Group IV benefits, but…

March 15, 1988 ·BIA
Affirmed
COMM

Lowry Air Force Base and American Federation of Government Employees, Local 1974

Lowry Air Force Base and AFGE Local 1974 (FLRA 7-CA-70181): Dues offset unlawful

Lowry Air Force Base mistakenly deducted union dues from an employee outside AFGE Local 1974's bargaining unit and sent the money to the union. It later repaid the employee by withholding $129 from dues deducted from current bargaining unit members. The Authority changed its earlier approach in…

March 15, 1988 ·FLRA
Upheld
COMM

Defense Contract Administration Services Region, Boston and National Association of Government Employees

Defense Contract Administration Boston and NAGE (FLRA 1-CA-60389): Promotion file disclosure ordered

A bargaining unit employee asked NAGE to investigate his nonselection for a computer systems analyst position. The Defense Contract Administration's Boston region withheld parts of the promotion file and the selected applicant's qualifications form, SF-171. The Authority found the records necessary…

March 15, 1988 ·FLRA
Modified
COMM

Department of the Navy, Portsmouth Naval Shipyard, Richard Pearl, Victor Porro, and Portsmouth Federal Employees Metal Trades Council

Portsmouth Naval Shipyard and Metal Trades Council (FLRA 1-CA-30303): Complaint dismissed on court order

The First Circuit Court of Appeals concluded that an earlier Authority decision on remand had not followed its mandate in the Portsmouth Naval Shipyard dispute. The court ordered the Authority to dismiss the unfair labor practice complaint. The Authority complied and dismissed all three docketed…

March 15, 1988 ·FLRA
Procedural
COMM

Matter of Gutierrez

Withdrawal of an admission application requires a narrow justice-based showing

The Board sustained the Service's appeal from an immigration judge's decision allowing a Mexican applicant to withdraw his application for admission to the United States. The Board held that withdrawal requires factors directly related to admissibility showing that justice would be served, along…

March 11, 1988 ·BIA
Remanded
COMM

United States Mint, Washington and Denver and American Federation of Government Employees, Local 695

United States Mint and AFGE Local 695 (FLRA 7-CA-70735): Current and former employee addresses ordered

AFGE Local 695 was pursuing grievances over alleged asbestos exposure and environmental differential pay at the Denver Mint. It requested names and home addresses for current unit employees and former unit employees who left since the grievances were filed in December 1985 so it could communicate…

March 11, 1988 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1923 and Health Care Financing Administration

AFGE Local 1923 and Health Care Financing Administration (FLRA 0-NG-1452): Special rate detail proposal negotiable

AFGE Local 1923 proposed special rate pay for clerical employees detailed more than 20 days to positions covered by special salary rates. The Health Care Financing Administration argued that a government wide pay regulation and management assignment rights barred bargaining. The Authority found…

March 11, 1988 ·FLRA
Set aside
COMM

Department of Health and Human Services, Indian Health Service, Tucson Program Area and National Federation of Federal Employees

Indian Health Service Tucson Program Area and NFFE (FLRA 8-CA-70471): Employee addresses ordered disclosed

NFFE requested names and home addresses of employees in bargaining units represented by its constituent locals at the Indian Health Service's Tucson Program Area. The agency refused, arguing that privacy law barred disclosure and that the union had other ways to contact employees. The judge found…

March 10, 1988 ·FLRA
Upheld
COMM

Naval Plant Representative Office, Bethpage, New York and American Federation of Government Employees, Local 2693

Naval Plant Representative Office and AFGE Local 2693 (FLRA 2-CA-70178): Employee addresses ordered disclosed

AFGE Local 2693 asked the Naval Plant Representative Office at Bethpage for names and home addresses of the employees it represented. The office refused, arguing that privacy law barred disclosure and that the union had other ways to reach employees. The judge found that the office maintained the…

March 10, 1988 ·FLRA
Upheld
COMM

Matter of Hernandez-Ponce

PCP convictions supported deportability under amended drug law

The Board dismissed a Mexican lawful permanent resident's appeal from an immigration judge's deportation order. The respondent had twice been convicted in California of using and being under the influence of phencyclidine, or PCP, and the Board held that the amended drug provision covered…

March 9, 1988 ·BIA
Affirmed
COMM

Veterans Administration, Washington, D.C. and Dallas Veterans Administration Medical Center and American Federation of Government Employees, Local 2437

Veterans Administration and Dallas VA Medical Center (FLRA 6-CA-70060): Agency ordered to direct address disclosure

AFGE Local 2437 requested the names and home addresses of employees it represented at the Dallas VA Medical Center. The Veterans Administration directed the medical center to refuse. The Authority adopted the judge's finding that the agency violated the federal labor statute by blocking disclosure…

March 9, 1988 ·FLRA
Upheld
COMM

Defense Logistics Agency and American Federation of Government Employees, Local 2501

Defense Logistics Agency and AFGE Local 2501 (FLRA 0-AR-1456): Interest exception dismissed for lack of jurisdiction

The Defense Logistics Agency removed an employee for two incidents of intoxication on duty and one absence without leave. An arbitrator reduced the penalty to a five-day suspension, restored the employee to his position, and awarded backpay with interest. The agency challenged only the interest…

March 9, 1988 ·FLRA
Procedural
COMM

Matter of Arias

Speculative marriage concerns did not support visa petition revocation

The Board sustained a United States citizen petitioner's appeal from revocation of approval of an immediate-relative visa petition filed for her husband. The Board held that a revocation may be based only on the factual allegations identified in the notice of intention to revoke, and that…

March 8, 1988 ·BIA
Other
COMM

Matter of Hilaire

Certified copies do not replace originals when the Service requests them

The Board dismissed a lawful permanent resident's appeal from denial of a visa petition filed for his unmarried daughter. The petitioner submitted certified copies of Haitian birth and marriage records, but the Immigration and Naturalization Service requested the original documents to verify their…

March 8, 1988 ·BIA
Other
COMM

Department of the Navy, Navy Public Works Center, Norfolk, Virginia and Tidewater Virginia Federal Employees Metal Trades Council

Navy Public Works Center and Tidewater Metal Trades Council (FLRA 34-CA-60867): Employee addresses ordered disclosed

The Tidewater Virginia Federal Employees Metal Trades Council asked the Navy Public Works Center for the names and home addresses of employees in its bargaining unit. The center refused, citing employee privacy and claiming the information was not reasonably available or necessary. The judge found…

March 4, 1988 ·FLRA
Upheld
COMM

Supervisor of Shipbuilding Conversion and Repair, Portsmouth, Virginia and International Federation of Professional and Technical Engineers, Local 10

Supervisor of Shipbuilding and IFPTE Local 10 (FLRA 34-CA-60737): Employee addresses ordered disclosed

IFPTE Local 10 asked the Supervisor of Shipbuilding Conversion and Repair for names and home addresses of employees in its bargaining unit. The office refused, arguing that privacy law barred disclosure and that the union had other ways to communicate with employees. The judge found that the office…

March 4, 1988 ·FLRA
Upheld
COMM

HHS, Indian Health Service, W. W. Hastings Indian Hospital and National Federation of Federal Employees, Local 414

W. W. Hastings Indian Hospital (FLRA 6-CA-70212): Union entitled to employee names and addresses

The union representing employees at W. W. Hastings Indian Hospital requested the names and home addresses of employees in its bargaining unit. The hospital refused, citing the Privacy Act and questioning the union's need for the information. The administrative law judge found no material factual…

March 3, 1988 ·FLRA
Upheld
COMM

Bureau of Engraving and Printing and Graphic Communications International Union, Local Union No. 4-B

Bureau of Engraving and Printing and Graphic Communications Local 4-B (FLRA 3-CA-70496): Employee addresses ordered disclosed

Graphic Communications International Union Local 4-B requested names and home addresses of employees in its bargaining unit. The Bureau of Engraving and Printing refused. The parties stipulated that the bureau normally maintained the information and that it was reasonably available. Applying its…

March 3, 1988 ·FLRA
Upheld
COMM

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-1478): Removal award exceptions dismissed

An arbitrator denied a grievance and upheld the removal of an Army Missile Command employee from federal service. AFGE Local 1858 filed exceptions to the award. The Authority held that it could not review an arbitration award concerning an employee removal because the matter falls under 5 U.S.C. §…

March 3, 1988 ·FLRA
Procedural
COMM

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

Leavenworth VA Medical Center and AFGE Local 85 (FLRA 0-AR-1453): Privacy Act and recording exceptions denied

A VA medical center introduced an employee's leave application at an arbitration hearing without her consent. An arbitrator later found that its use fit a published routine use under the Privacy Act and denied the employee's grievance. The arbitrator also rejected the union's objection to a court…

March 3, 1988 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R5-168 and Department of the Army, Fort Polk

Fort Polk reduction in force proposal (FLRA O-NG-1505): Negotiability petition dismissed

The Army's Fort Polk activity told National Association of Government Employees Local R5-168 that two reduction in force proposals were nonnegotiable. The union asked the Authority to review one proposal, concerning the length of advance notice. The Department of the Army then asked to withdraw the…

February 29, 1988 ·FLRA
Procedural
COMM

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

Border Patrol rough duty trousers (FLRA 8-CA-70178): Unilateral change violated bargaining duty

San Diego Border Patrol agents had been allowed to wear green Levi-style trousers for rough duty. The Immigration and Naturalization Service announced it would end that practice, and the union proposed keeping it until national contract negotiations concluded. The Authority found the proposal was a…

February 27, 1988 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1639 and South Carolina National Guard

South Carolina National Guard uniform provision (FLRA O-NG-1502): Negotiability petition dismissed

The head of the agency disapproved a South Carolina National Guard contract provision on employee uniform procurement as nonnegotiable. National Federation of Federal Employees Local 1639 petitioned the Authority for a ruling on the provision. The National Guard Bureau then asked to withdraw the…

February 26, 1988 ·FLRA
Procedural
COMM

Matter of Walsh and Pollard

Specialized treaty-investor employees qualified for admission

The Board reviewed the Service's appeal from an order admitting two British automotive design engineers under the treaty-investor visa classification. Their employer had formed a United States subsidiary, invested in offices, equipment, employees, and operating funds, and sent the engineers to…

February 26, 1988 ·BIA
Affirmed
COMM

American Federation of Government Employees, Local 2052 and Bureau of Prisons, Federal Correctional Institution, Petersburg

Petersburg prison contract proposals (FLRA O-NG-1410): Limited safety and contracting provisions negotiable

AFGE Local 2052 proposed rules for contracting out work and for employees facing an imminent risk of death or serious physical harm. The Authority found negotiable a requirement that management comply with the applicable OMB contracting circular, but held that a related sentence and a separate…

February 23, 1988 ·FLRA
Mixed result
COMM

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

Mesa Social Security office changes (FLRA 8-CA-60434 and 8-CA-60435): Bargaining required on office layout and workflow

The Social Security Administration changed how its Mesa office interviewed applicants and rearranged work areas to support the new process. The Authority agreed that management could decide to adopt Front End Interviewing, but found that the changed layout and work procedures had foreseeable…

February 23, 1988 ·FLRA
Mixed result
COMM

Department of the Air Force, F. E. Warren Air Force Base and American Federation of Government Employees, Local 2354

F. E. Warren Air Force Base employee interview (FLRA 7-CA-60398): Complaint dismissed

An Air Force attorney interviewed a bargaining unit employee while preparing for an unfair labor practice hearing. The employee was not expressly told that participation was voluntary or that refusing would bring no reprisal. The Authority found that he knew the interview's purpose, declined…

February 23, 1988 ·FLRA
Upheld
COMM

Indian Health Service, Oklahoma City Area and Oklahoma Area Indian Health Service Council, National Federation of Federal Employees

Indian Health Service tobacco policy (FLRA 6-CA-60184): Area-wide change required bargaining

The Indian Health Service moved to bar smoking and other tobacco use at five Oklahoma City Area facilities, replacing policies that allowed smoking in designated areas. The union requested bargaining over the change and proposed ventilated smoking rooms and a committee to work out implementation…

February 23, 1988 ·FLRA
Set aside
COMM

ACTION and American Federation of State, County and Municipal Employees, Local 2027

ACTION travel expense bargaining (FLRA 3-CA-60177): Ground rule did not waive union's right

The union asked ACTION to bargain over travel and per diem for representatives conducting union business on official time. ACTION refused, arguing that an agreed bargaining ground rule barred the proposal after the union had withdrawn an earlier version. The administrative law judge accepted that…

February 23, 1988 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 3232 and Social Security Administration, Region II

Social Security employee details (FLRA 0-NG-1445): Extra commute time proposal rejected

The Social Security Administration detailed claims representatives to teleservice centers in the Philadelphia region. AFGE Local 3232 proposed administrative leave for any extra commuting time when the temporary office was farther from an employee's home. The Authority found that the proposal…

February 23, 1988 ·FLRA
Upheld
COMM

National Treasury Employees Union and Nuclear Regulatory Commission

Nuclear Regulatory Commission bargaining proposals (FLRA 0-NG-1442): Most proposals negotiable

The National Treasury Employees Union challenged the Nuclear Regulatory Commission's objections to contract proposals on performance appraisals and reduction in force procedures. The agency withdrew its objections to two provisions, leaving the Authority to decide the remaining disputed text. The…

February 23, 1988 ·FLRA
Mixed result
COMM

American Federation of State, County and Municipal Employees, Local 3097 and Department of Justice, Justice Management Division

Justice Department library study (FLRA 0-NG-1372): Five union proposals found negotiable

The Justice Management Division studied whether to contract out work performed by its library staff. AFSCME Local 3097 proposed that the agency follow OMB Circular A-76 and applicable rules during the study and contracting decision. The union also proposed receiving aggregate survey figures and the…

February 23, 1988 ·FLRA
Set aside
COMM

Merit Systems Protection Board Professional Association and Merit Systems Protection Board

MSPB reduction in force rights (FLRA 0-NG-1370): Earlier bargaining order later reversed

The Merit Systems Protection Board Professional Association proposed giving its bargaining unit employees second round assignment rights, including bumping and retreat, during a reduction in force. The Authority initially found the proposal consistent with government-wide reduction in force rules…

February 23, 1988 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Council of Veterans Administration Locals and Veterans Administration

VA medical employee proposals (FLRA 0-NG-1273): Earlier bargaining ruling later displaced

The National Federation of Federal Employees sought bargaining over numerous proposals concerning professional medical employees in the Veterans Administration's Department of Medicine and Surgery. The proposals addressed matters including grievances, leave, ratings, schedules, and staffing. The…

February 23, 1988 ·FLRA
Mixed result
COMM

Department of Defense Dependents Schools, Pacific Region and Overseas Education Association

Defense schools counselor qualifications (FLRA 0-AR-1413): Job placement and backpay remedies removed

Two Defense Department school employees grieved the agency's decision that they did not meet its counselor qualification standards. An arbitrator ordered their counselor certifications restored and directed the agency to offer them counselor positions with backpay. The Authority upheld the…

February 23, 1988 ·FLRA
Modified
COMM

Philadelphia Metal Trades Council and Philadelphia Naval Shipyard

Philadelphia Naval Shipyard holiday furloughs (FLRA 0-AR-1412): Backpay award upheld

The Philadelphia Naval Shipyard curtailed operations over the Christmas and New Year's holidays and furloughed employees without enough annual leave to cover the closure. An arbitrator found that the collective bargaining agreement required those employees to remain in paid duty status and awarded…

February 23, 1988 ·FLRA
Upheld
COMM

Commander, Carswell Air Force Base, Texas and American Federation of Government Employees, Local 1364

Carswell Air Force Base contract arbitration (FLRA 0-AR-1380): Steward provision removed from award

An arbitrator resolved a contract negotiation impasse between Carswell Air Force Base and AFGE Local 1364. The union challenged several award provisions, including one making the number and location of union stewards subject to mutual agreement. The Authority held that the arbitrator had imposed…

February 23, 1988 ·FLRA
Modified
COMM

National Treasury Employees Union and Department of the Treasury, U.S. Customs Service

Customs Service contract provisions (FLRA O-NG-1431): Mixed ruling on disapproval and bargaining

The National Treasury Employees Union challenged Treasury's disapproval of contract terms and Customs Service objections to proposals raised during negotiations. The Authority found that restrictions on detailing union officers to supervisory roles interfered with management rights, and that a…

February 22, 1988 ·FLRA
Mixed result
COMM

National Federation of Federal Employees, Local 2058 and U.S. Army Aberdeen Proving Ground, Installation Support Activity

Aberdeen Proving Ground drug testing (FLRA O-NG-1342): Some testing safeguards negotiable

NFFE Local 2058 proposed ten provisions for the Army's civilian employee drug testing program. The Authority found negotiable a bar on using testing as punishment and provisions allowing part of a sample to be retained for possible retesting. It rejected or dismissed proposals requiring…

February 22, 1988 ·FLRA
Mixed result
COMM

National Treasury Employees Union and U.S. Customs Service

Customs sensitive position drug tests (FLRA O-NG-1330): Collection procedures negotiable

The Customs Service screened people selected for sensitive positions involving drug interdiction, firearms, or classified information. The National Treasury Employees Union proposed procedures for collecting samples and allowing another day when an employee could not provide enough urine for a…

February 22, 1988 ·FLRA
Mixed result
COMM

National Federation of Federal Employees, Local 178 and U.S. Army Aberdeen Proving Ground, Installation Support Activity

Aberdeen Proving Ground drug testing (FLRA O-NG-1324): Three safeguards found negotiable

NFFE Local 178 proposed rules for the Army's testing of civilian employees in critical jobs. The Authority found negotiable provisions barring punitive testing, treating documented legal drug use as an explanation for a positive result, and retaining part of a sample for possible retesting. It…

February 22, 1988 ·FLRA
Mixed result
COMM

Tidewater Virginia Federal Employees Metal Trades Council and Norfolk Naval Shipyard

Norfolk Naval Shipyard contract terms (FLRA O-NG-1311): Weekend scheduling terms negotiable

The Navy disapproved several terms negotiated with the Tidewater Virginia Federal Employees Metal Trades Council. The Authority found two weekend overtime scheduling provisions negotiable because they operated as procedures and left management able to assign needed work to qualified employees. It…

February 22, 1988 ·FLRA
Mixed result
COMM

International Association of Machinists and Aerospace Workers, Local 726 and Naval Air Rework Facility, North Island

North Island naval facility contract terms (FLRA O-NG-1305): Shop overtime provision approved

The Navy disapproved seven terms in a negotiated agreement with Machinists Local 726 at the North Island Naval Air Rework Facility. The Authority found one term negotiable: when a shop had overtime work and qualified volunteers in that shop, the Navy would select them before bringing in employees…

February 22, 1988 ·FLRA
Mixed result
COMM

Federal Aviation Administration and National Association of Air Traffic Specialists

FAA employee assistance confidentiality (FLRA O-AR-1265): Arbitration award set aside

The FAA required air traffic specialists who referred themselves to its employee assistance program for drug treatment counseling to consent to limited disclosure to a flight surgeon and facility manager. An arbitrator found that making consent a condition of referral violated the applicable…

February 22, 1988 ·FLRA
Set aside
COMM

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

Aberdeen drug testing procedures (FLRA 0-NG-1337): Part of earlier ruling later dismissed as moot

Machinists Local Lodge 2424 proposed procedures for Aberdeen Proving Ground's civilian employee drug testing program. The Authority initially found negotiable a provision delaying testing until bargaining was complete, specified sample handling procedures, and a prohibition on selecting employees…

February 22, 1988 ·FLRA
Mixed result
COMM

Matter of Michael Hertz Associates

Industrial designers qualify as professionals for specialty work

The Commissioner approved a nonimmigrant visa petition for an industrial designer after reviewing the denial by the Eastern Regional Service Center. The decision held that an industrial designer with a bachelor's degree in industrial design, or an equivalent foreign degree, is a member of the…

February 19, 1988 ·BIA
Other
COMM

Overseas Education Association and Department of Defense Dependents Schools, Atlantic Region

DOD overseas school teacher (FLRA O-AR-1363): Wage survey remedy limited to future pay

A half-time home economics teacher at Lakenheath High School in England was assigned a fourth class period without a pay increase. An arbitrator found that the added class was within management's rights, but could not determine from the record whether her pay met the Overseas Teachers Pay Act. He…

February 16, 1988 ·FLRA
Modified
COMM

American Federation of Government Employees, Council of Prison Locals, Local 1661 and Bureau of Prisons, Federal Correctional Institution, Danbury

Danbury prison drug testing procedure (FLRA 0-NG-1331): Employee notice proposal negotiable

AFGE Local 1661 proposed that employees ordered to take a drug test be told which drugs the test covered, receive up to four hours of administrative leave for sample collection, and possibly be accompanied by a supervisor and union representative at the agency's choice. The Authority found that…

February 16, 1988 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Local 1437 and U.S. Army Armament Research, Development and Engineering Center

Dover Army research center testing (FLRA 0-NG-1318): Split sample ruling later dismissed

NFFE Local 1437 proposed protections for Army civilian employees subject to drug testing at a research center in Dover, New Jersey. The Authority initially found negotiable a ban on punitive selection for testing and a provision retaining part of a sample for later testing at the employee's…

February 16, 1988 ·FLRA
Mixed result
COMM

Fort Bragg Association of Educators, NEA and Department of the Army, Fort Bragg Schools

Fort Bragg school employees (FLRA O-NG-1405): Drug testing ban outside bargaining duty

The Fort Bragg Association of Educators proposed that Army school management never request a polygraph examination or urine test to detect an employee's drug use. The Authority had decided 43 other proposals in the same appeal and separately considered this one. It found that the proposed ban would…

February 12, 1988 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R14-5 and Pueblo Depot Activity

Pueblo Army depot (FLRA O-NG-1286): Three drug testing restrictions found nonnegotiable

NAGE Local R14-5 proposed limits on the Pueblo Depot Activity's drug testing program for civilians in critical jobs. One proposal would bar observation of urine sample collection under all circumstances, though Executive Order 12564 allows observation when management has reason to suspect…

February 12, 1988 ·FLRA
Upheld
COMM

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

Bureau of Indian Affairs educators (FLRA 6-AC-70006): Review granted and regional decisions stayed

The National Council of Bureau of Indian Affairs Educators changed its affiliation from the National Education Association to the American Federation of Teachers. A regional director amended its certifications and dismissed Interior Department petitions questioning whether the council still…

February 12, 1988 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 2185 and Tooele Army Depot

Tooele Army Depot (FLRA O-NG-1288): Drug testing limits rejected, one proposal moot

AFGE Local 2185 challenged parts of Tooele Army Depot's drug testing program for civilian employees in critical jobs. The Authority rejected proposals that would limit testing to probable cause, require written consent before observation of sample collection, prevent consent forms, or delay the…

February 11, 1988 ·FLRA
Upheld
COMM

Federal Bureau of Prisons, Federal Correctional Institution Bastrop and American Federation of Government Employees, Local 3828

Bastrop federal prison (FLRA 6-CU-70007): Secretary excluded from bargaining unit

AFGE Local 3828 asked whether the associate wardens' secretary at the Bastrop federal prison belonged in its bargaining unit. The regional director excluded her because she worked in a confidential capacity for an associate warden involved in labor relations policy. Her duties included typing and…

February 10, 1988 ·FLRA
Upheld
COMM

National Treasury Employees Union and United States Customs Service

Customs preclearance inspectors (FLRA 0-NG-1449): Ten-year tour proposal negotiable

The Customs Service planned to shorten overseas preclearance assignments for inspectors from a maximum of ten years to five. NTEU proposed that inspectors already assigned under the older policy be allowed to complete the longer tour. The Authority agreed that the proposal limited management's…

February 10, 1988 ·FLRA
Set aside

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.