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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Greenwich Collieries, Division of Pennsylvania Mines Corporation
Five withdrawal orders modified to section 104(a) citations
After a methane explosion at Greenwich No. 1 mine killed three miners and injured eleven, MSHA issued five section 104(d)(1) withdrawal orders tied to alleged violations. Greenwich argued that the orders were invalid because they were not issued within 90 days of the underlying citation and were…
Whitaker Coal Corporation
Discrimination complaint dismissed as untimely
Ronald Sizemore alleged that Whitaker Coal discharged him in violation of the Mine Act's discrimination provision. The Secretary of Labor notified him on November 23, 1985 that the investigation found no violation, but Sizemore did not file his Commission complaint until August 13, 1987. Judge Gary…
Monsanto Company
Styrene label citation withdrawn under settlement
OSHA cited Monsanto's hazard communication materials for styrene monomer, inhibited, without proposing a penalty. The judge affirmed portions of the label-warning item and a material safety data sheet item. In settlement, Monsanto agreed to add warnings that excessive overexposure can affect the…
Occidental Chemical Company
Settlement withdrawal granted and discrimination proceedings dismissed
The Secretary of Labor moved to withdraw Richard W. Haviland's discrimination complaint after Haviland and Occidental Chemical reached a settlement. The proposed settlement included compensation, restoration of fringe benefits, reinstatement, reimbursement of covered medical claims, and expungement…
Peabody Coal Company
Discrimination proceeding dismissed after no response to show-cause order
The United Mine Workers of America, on behalf of Richard E. Jarvis, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.
Peabody Coal Company
Discrimination proceeding dismissed after no response to show-cause order
The United Mine Workers of America, on behalf of Jimmy Johnson, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.
Peabody Coal Company
Discrimination proceeding dismissed after no response to show-cause order
The United Mine Workers of America, on behalf of Robert L. Cox, was ordered to show cause why the discrimination proceeding should not be dismissed. No response was filed by the deadline. Judge James A. Broderick dismissed the proceeding.
Otis Elevator Company
Electrical citations affirmed
Otis Elevator serviced and repaired a deep-shaft elevator at Beth Energy's Cambria Slope Mine No. 33. The judge held that Otis was an independent contractor subject to the Mine Act because its employees had a regular, substantial presence at the mine and controlled safety-related elevator work. The…
Ticathe Industrial Company of Steamboat Springs, Inc.
Settlement approved for hoisting-equipment citation
MSHA alleged that Ticathe used a mobile crane as a manlift without the overspeed, overwind, automatic-stop controls, and brakes required by 30 C.F.R. § 77.1401. The operator contested the citation and proposed $240 penalty, arguing that the standard did not apply to a mobile crane used above…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-107-D): Clerical correction to complainant's name
This order corrected a clerical error in an earlier supplemental default decision involving Babcock Mining Co. and related respondents. Judge William Fauver changed the complainant's name in Conclusion of Law No. 2 and paragraph 1 of the order to Albert Halstead. The order did not change the…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-107-D): Discrimination violation and back pay ordered
Albert Halstead's discrimination proceeding concerned discriminatory discharges from Babcock Mining and a later employment offer from McMillion Enp. The supplemental default decision found that the respondents violated section 105(c) of the Mine Act. It imposed joint and several liability for…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-106-D): David Willis back pay and penalty ordered
David Willis's discrimination proceeding concerned two discharges from Babcock Mining and the later operation of the mine by McMillion Enp. The supplemental default decision found that the respondents violated section 105(c) of the Mine Act. It imposed joint and several liability for $6,340 in back…
Babcock Mining Co.; Henry McCoy, individually and as operator of Babcock Mining Co.; Virgil McMillion, individually and as operator of McMillion Enp., Inc., McMillion Enp., Inc.
Babcock Mining Co. and others (FMSHRC WEVA 87-106-D): Clerical correction to discrimination decision
The supplemental default decision in David Willis's discrimination proceeding contained a clerical error in the complainant's name in Finding of Fact No. 1. Judge William Fauver corrected that name to “David Willis.” The correction did not change the underlying findings, remedies, or other terms of…
Colorado Westmoreland Incorporated
Citation and penalty vacated
MSHA issued Colorado Westmoreland an order, later modified to a citation, for allowing combustible material to accumulate in violation of 30 C.F.R. § 75.400. The operator cleaned up the material based on its understanding of MSHA's requirements. Because the operator relied on that understanding…
Consolidation Coal Company
Settlement approved and imminent-danger order vacated
Consolidation Coal contested an imminent-danger withdrawal order at the Matthews Mine and faced penalties for four alleged violations of 30 C.F.R. § 75.1704. The parties stated that rock falls had blocked four areas of the intake escapeways, but that two traversable escapeways remained available…
Veterans Administration Medical Center, Dayton, Ohio and American Federation of Government Employees, Local 2209
Dayton VA Medical Center and AFGE Local 2209 (FLRA O-AR-1435): Nursing assistant's suspension set aside
A Dayton VA Medical Center nursing assistant received a 14-day suspension for alleged improper conduct involving patients. An arbitrator found the evidence insufficient to support the discipline, ordered backpay, and directed removal of the suspension from the employee's record. The VA argued that…
Elmhurst-Chicago Stone Company
Settlement approved for loose-ground citation
MSHA cited Elmhurst-Chicago Stone for failing to take down or support loose ground before work in a drift, in violation of 30 C.F.R. § 57.3022. The decision states that an MSHA investigation concluded the condition caused a fall-of-face accident in which one miner suffered fatal injuries and…
Secretary of Labor on behalf of Bryan D. Pack v. Maynard Branch Dredging Company and Roger Kirk
Review petition dismissed
Bryan D. Pack and the Secretary of Labor sought discretionary Commission review in Pack's discrimination proceeding against Maynard Branch Dredging Company and Roger Kirk. Pack later asked the Commission to dismiss his petition because the Secretary was representing him on review. The Commission…
Department of the Navy, Navy Public Works Center, Honolulu, Hawaii and Hawaii Federal Employees Metal Trades Council
Honolulu Navy Public Works Center and Hawaii metal trades council (FLRA 98-CA-70447): Employee addresses ordered
The Hawaii Federal Employees Metal Trades Council requested names and home addresses of bargaining unit employees at the Navy Public Works Center in Honolulu. The Center refused, arguing that disclosure violated the Privacy Act and that the Council did not need the information because an affiliated…
Air Force Contract Management Division, Detachment 12, Air Force Representative Office, Canoga Park, California and National Federation of Federal Employees, Local 2060
Canoga Park Air Force office and NFFE Local 2060 (FLRA 8-CA-70311): Employee addresses ordered
NFFE Local 2060 requested the names and home addresses of employees it represented at an Air Force office in Canoga Park. The office refused, arguing that disclosure was barred by the Privacy Act, unnecessary for representation, and burdensome to compile. The Authority found that the Air Force…
United States Marine Corps Base, Camp Pendleton, California; United States Naval Hospital, Camp Pendleton, California; and Naval Regional Dental Center, United States Marine Base, Camp Pendleton, California and National Federation of Federal Employees, Local 919
Camp Pendleton activities and NFFE Local 919 (FLRA 8-CA-70160): Employee addresses must be furnished
The union representing employees of three Camp Pendleton activities requested the employees' names and home addresses. The Marine Corps base, naval hospital, and dental center refused, arguing that disclosure would violate the Privacy Act and that the information was unnecessary. The Authority…
22nd Combat Support Group (SAC), March Air Force Base, California and American Federation of Government Employees, Interdepartmental Local 3854
March Air Force Base and AFGE Local 3854 (FLRA 8-CA-60265): Information complaint dismissed
The union at March Air Force Base requested regulations concerning military leave for civilian employees while pursuing a grievance. It addressed the requests to the base commander, although a 1985 agreement directed union information requests to the labor relations officer. The base declined to…
United States Marine Corps, Washington, D.C.; Marine Corps Reserve Support Center; Marine Corps Finance Center; and Marine Corps Central Design and Programming Activity, Kansas City, Missouri and American Federation of Government Employees, Local 2904
Kansas City Marine Corps activities and AFGE Local 2904 (FLRA 7-CA-70564, 7-CA-70568): Addresses ordered from local activities
AFGE Local 2904 requested the names and home addresses of employees it represented at three Marine Corps activities in Kansas City. The activities refused to provide the information. An administrative law judge found unfair labor practices by the three activities but dismissed the complaint against…
Veterans Administration, Fargo Medical Center and Regional Office Center and American Federation of Government Employees, Local 3884
Fargo VA Medical Center and AFGE Local 3884 (FLRA 7-CA-70234): Nurse addresses ordered disclosed
AFGE Local 3884 requested names and home addresses of nurses in the bargaining unit at the Fargo VA Medical Center and Regional Office Center. The VA refused, arguing that disclosure was prohibited by law and that the information was unnecessary. An administrative law judge found the records…
Department of the Navy, Strategic Systems Program Office, Washington, D.C. and Polaris Missile Facility, Atlantic, Charleston, South Carolina and American Federation of Government Employees, Local 2298
Polaris Missile Facility and AFGE Local 2298 (FLRA 4-CA-70221): Employee addresses ordered
AFGE Local 2298 requested the names and home addresses of employees it represented at the Polaris Missile Facility in Charleston. The facility's parent Strategic Systems Program Office denied the request. An administrative law judge found that the information was routinely maintained, reasonably…
Department of Health and Human Services, Family Support Administration and National Treasury Employees Union
Family Support Administration and NTEU (FLRA 3-CA-70117): Bargaining required before task force details
The Family Support Administration detailed 15 employees from its Office of Family Assistance to a Work Programs Task Force without first notifying their union or offering to bargain. The details were initially set for up to 120 days, were later extended, and could have affected employees' career…
United States Department of the Navy and Naval Air Engineering Center, Lakehurst, New Jersey and National Federation of Federal Employees, Local 284
Lakehurst Naval Air Engineering Center and NFFE Local 284 (FLRA 2-CA-70187): Employee addresses ordered
NFFE Local 284 requested the names and home addresses of employees it represented at the Naval Air Engineering Center in Lakehurst. The Center refused. An administrative law judge granted summary judgment for the General Counsel, finding the refusal an unfair labor practice, and removed the…
Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Brockton Division, Brockton, Massachusetts and National Association of Government Employees
Brockton VA Medical Center and NAGE (FLRA 1-CA-70215): Employee addresses ordered
NAGE Local R1-25, acting for the union that represented employees at the Brockton VA Medical Center, requested their names and home addresses. The VA refused, citing the Privacy Act and offering to explore other ways to provide information. The Authority held that the data had to be furnished to…
Federal Employees Metal Trades Council and Department of the Navy, Mare Island Naval Shipyard, Vallejo, California
Mare Island Naval Shipyard and metal trades council (FLRA 0-NG-1429): Motorcycle gear funding proposals rejected
Mare Island Naval Shipyard required motorcycle riders entering the facility to wear protective gear. The union proposed that the Navy provide face shields, jackets, gloves, and safety shoes to employees who rode motorcycles to work. The Authority found that access to the shipyard gave the proposals…
National Federation of Federal Employees, Local 1442 and Department of the Army, Letterkenny Army Depot
Letterkenny Army Depot and NFFE Local 1442 (FLRA 0-NG-1418): Motorcycle access proposals rejected
Letterkenny Army Depot required motorcycle, moped, and motorbike operators to complete safety training before using those vehicles on the installation. The union proposed that the Safety Office provide the required course on official time and that the depot follow only Pennsylvania vehicle…
Council of Prison Locals, AFGE Local 3546 and Department of Justice, National Institute of Corrections, Central Office
National Institute of Corrections and AFGE Local 3546 (FLRA 0-AR-1432): Earlier work schedule restored
An employee at the National Institute of Corrections had worked from 8 a.m. to 4:30 p.m. before a supervisor changed the division's hours to 9 a.m. to 5:30 p.m. The supervisor later allowed a new employee an earlier schedule to accommodate a carpool but refused to restore the first employee's…
Social Security Administration and American Federation of Government Employees, SSA General Committee
Social Security Administration and AFGE (FLRA 0-AR-1427): Medical rule arbitration award stands
The Social Security Administration implemented revised personnel medical determination rules in two stages. An arbitrator found that for the 1984 stage the agency had denied AFGE an adequate chance to bargain over the impact by refusing to identify which provisions it considered consistent with…
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-1410): Weekend scheduling remedy struck
AFGE Local 85 grieved the Leavenworth VA Medical Center's departure from a past practice of giving employees every other weekend off. An arbitrator found the center had missed a contract deadline for answering the grievance and ordered it to restore that scheduling practice. The Authority held that…
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): First-year separation grievance barred
The union president was separated from federal service during the first year of a veterans readjustment appointment. An arbitrator ruled that a grievance over the separation could not be heard under the negotiated grievance procedure. The union argued that this conflicted with its labor agreement…
National Association of Government Employees, Local R4-2 and Department of the Navy, Supervisor of Shipbuilding, Conversion and Repair, Newport News, Virginia
Newport News shipbuilding office and NAGE Local R4-2 (FLRA 0-AR-1384): Personnel specialist could attend grievance meeting
The union challenged the presence of a civilian personnel specialist alongside a supervisor at the first step of an employee grievance. An arbitrator found that neither the labor agreement nor past practice barred that attendance and denied the grievance. The union argued that the arbitrator…
American Federation of Government Employees, Local 171 and Federal Correctional Institution, El Reno, Oklahoma
El Reno correctional institution and AFGE Local 171 (FLRA 0-AR-1381): Officer's suspension upheld
El Reno Federal Correctional Institution suspended an officer for 14 days after an incident involving food left on inmates' trays. An arbitrator rejected the theft charge but found sufficient evidence of inattention to duty and failure to cooperate with an investigation, and sustained the…
American Federation of Government Employees and Social Security Administration
AFGE and Social Security Administration (FLRA 0-AR-1347): Official time cases remanded
AFGE and the Social Security Administration had a continuing dispute over official time under their labor agreement. The agency filed exceptions to ten awards by the same arbitrator. In a related case, the Authority had directed the parties to try to agree on how to process the cases and, if…
American Federation of Government Employees and Social Security Administration
Social Security Administration and AFGE (FLRA 0-AR-1336): Reconsideration denied
The union asked the Authority to reconsider part of an earlier decision on the Social Security Administration's exceptions to an arbitration award. That earlier decision had set aside part of the award and directed the parties to resolve the dispute or submit it to another arbitrator. The union…
Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Marion, Indiana and American Federation of Government Employees, Local 1020
Marion VA Medical Center and AFGE Local 1020 (FLRA 5-CA-70250): Employee addresses ordered
AFGE Local 1020, acting for the exclusive representative of employees at the Marion VA Medical Center, requested their names and home addresses. The VA refused, although it kept the information in personnel and payroll records. An administrative law judge granted summary judgment after finding no…
Department of the Air Force, Headquarters, Chanute Technical Training Center, Chanute Air Force Base, Illinois and National Federation of Federal Employees, Local 493
Chanute Air Force training center and NFFE Local 493 (FLRA 5-CA-70082): Employee addresses ordered
NFFE Local 493 requested the names and home addresses of employees it represented at Chanute Technical Training Center. The Air Force refused, citing a policy that treated release as a Privacy Act violation. The union wanted the information to communicate with employees during contract…
Department of the Navy, U.S. Naval Air Facility, Mayport, Florida and American Federation of Government Employees, Local 2010
Mayport Naval Air Facility and AFGE Local 2010 (FLRA 4-CA-70460): Employee addresses ordered
AFGE Local 2010 requested the names and home addresses of bargaining unit employees at the Mayport Naval Air Facility. The facility refused. An administrative law judge found no material factual dispute, granted summary judgment, and concluded that the refusal violated the federal labor statute…
Department of the Navy, Charleston Naval Shipyard, Charleston, South Carolina and Planners, Estimators, Progressmen, and Schedulers Association, Local No. 8
Charleston Naval Shipyard and planners' union (FLRA 4-CA-70225): Employee addresses ordered
The union representing planners, estimators, progressmen, and schedulers at Charleston Naval Shipyard requested bargaining unit employees' names and home addresses. The shipyard denied the request, although the information was routinely maintained and reasonably available. An administrative law…
Department of the Navy, Navy Resale and Services Support Office, Field Support Office, U.S. Naval Air Station, Jacksonville, Florida and National Federation of Federal Employees, Local 1451
Navy resale office and NFFE Local 1451 (FLRA 4-CA-70212): Commissary employee addresses ordered
NFFE Local 1451 requested the names and home addresses of bargaining unit employees at a Navy commissary store in Orlando to prepare for contract negotiations. The Navy Resale and Services Support Office denied the request, arguing that the Privacy Act barred disclosure and that the union could…
Veterans Administration and National Federation of Federal Employees, Veterans Administration Council
Veterans Administration and NFFE council (FLRA 3-CA-70403): Employee addresses ordered
The NFFE Veterans Administration Council requested the names and home addresses of employees in its consolidated bargaining unit. The VA refused, although it agreed that the information was routinely maintained, reasonably available, and necessary. The VA argued that the Authority's earlier…
United States Department of Health and Human Services and United States Department of Health and Human Services, Region III and National Treasury Employees Union, Chapter 232
HHS Region III and NTEU Chapter 232 (FLRA 2-CA-70090): Employee addresses ordered
NTEU Chapter 232 requested bargaining unit employees' names and home addresses from HHS Region III. The region refused. An administrative law judge granted summary judgment and found the refusal an unfair labor practice; the complaint against the parent department was withdrawn. The Authority…
Drillex, Incorporated
Explosives-transport citation vacated
MSHA cited Drillex after an employee transported 565 electrical blasting caps in a pickup truck's cab, alleging that the caps were exposed to sparking metal in violation of 30 C.F.R. § 56.6047. Judge George A. Koutras found that MSHA had not proved the cab was constructed of sparking metal or that…
Matter of Cornell University
Extraordinary circumstances supported a sixth H-1 year
The Commissioner affirmed approval of a visa petition filed by an education and research institution for a plasma physicist employed as a research scientist. The regulations generally limited H-1 classification to five years, with a possible sixth year in extraordinary circumstances. The record…
Naval Supply Center, Charleston, South Carolina and American Federation of Government Employees, Local 2510
Charleston Naval Supply Center and AFGE Local 2510 (FLRA 4-CA-70248): Employee addresses ordered
AFGE Local 2510 requested the names and home addresses of employees it represented at Charleston Naval Supply Center. The center refused, although it routinely maintained the information and could reasonably provide it. An administrative law judge granted summary judgment and found unfair labor…
Department of the Navy and Navy Resale Activity, Charleston, South Carolina and American Federation of Government Employees, Local 2298
Charleston Navy Resale Activity and AFGE Local 2298 (FLRA 4-CA-70162): Employee addresses ordered
AFGE Local 2298 requested the names and home addresses of employees it represented at the Navy Resale Activity in Charleston. The activity refused, although the information was routinely maintained and reasonably available. An administrative law judge granted summary judgment and found unfair labor…
Department of the Navy, Naval Weapons Station, Charleston, South Carolina and American Federation of Government Employees, Local 2298
Charleston Naval Weapons Station and AFGE Local 2298 (FLRA 4-CA-70161): Employee addresses ordered
AFGE Local 2298 requested the names and home addresses of bargaining unit employees at the Charleston Naval Weapons Station. The station refused, although it routinely maintained the information and could reasonably provide it. An administrative law judge granted summary judgment and found unfair…
Solar Fuel Company, Inc.
Belt and noise-survey violations affirmed
Solar Fuel operated the No. 10 Mine. Judge Gary Melick found that damaged conveyor rollers, coal dust, and combustible material violated the mine safety standards and created a significant and substantial fire or explosion hazard. He also found a violation for failing to submit a required periodic…
Freeman United Coal Mining Company
Discrimination complaint dismissed with prejudice
Gladys B. Johnson asked to withdraw her discrimination complaint against Freeman United Coal Mining Company because financial and other problems prevented her from pursuing it. Judge Gary Melick found that she understood the consequences of withdrawal and dismissal. He granted permission to…
Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Silver Spring, Maryland and National Weather Service Employees Organization, MEBA
National Weather Service and employees' union (FLRA 5-CA-50153): Factual reports ordered, management advice withheld
The union sought management memoranda about a dispute involving its representative, Roger Galloway, who was later counseled or orally reprimanded. The Authority held that two factual accounts of the incident were necessary for the union to assess possible grievance or unfair labor practice action…
Department of the Navy, U.S. Naval Station, Mayport, Florida and American Federation of Government Employees, Local 2010
Mayport Naval Station and AFGE Local 2010 (FLRA 4-CA-70457): Employee addresses ordered
AFGE Local 2010 requested the names and home addresses of bargaining unit employees at Mayport Naval Station. The station refused. An administrative law judge found no material factual dispute, granted summary judgment, and concluded that the refusal violated the federal labor statute. The…
Department of the Navy, Naval Supply Center, Jacksonville, Florida and American Federation of Government Employees, Local 2010
Jacksonville Naval Supply Center and AFGE Local 2010 (FLRA 4-CA-70456): Employee addresses ordered
AFGE Local 2010 requested names and home addresses of bargaining unit employees at the Jacksonville Naval Supply Center. The center refused. An administrative law judge found no material factual dispute, granted summary judgment, and concluded that the refusal violated the federal labor statute…
Department of the Navy, U.S. Naval Air Station, Cecil Field, Florida and American Federation of Government Employees, Local 2010
Cecil Field Naval Air Station and AFGE Local 2010 (FLRA 4-CA-70455): Employee addresses ordered
AFGE Local 2010 requested the names and home addresses of bargaining unit employees at Cecil Field Naval Air Station. The station refused. An administrative law judge found no material factual dispute, granted summary judgment, and concluded that the refusal violated the federal labor statute. The…
Department of the Navy, U.S. Naval Hospital, Beaufort, South Carolina and American Federation of Government Employees, Local 2796
Beaufort Naval Hospital and AFGE Local 2796 (FLRA 4-CA-70100): Employee addresses ordered
AFGE Local 2796 requested the names and home addresses of civilian bargaining unit employees at Beaufort Naval Hospital. The hospital denied the request, although it routinely maintained the information and could reasonably provide it. An administrative law judge granted summary judgment and found…
U.S. Small Business Administration and American Federation of Government Employees, Local 2532
Small Business Administration and AFGE Local 2532 (FLRA 0-AR-1402): Official time practice protected pending bargaining
The president of AFGE Local 2532 sought full official time for union duties, citing the treatment of his predecessor. An arbitrator found no automatic right to 100 percent official time, but held that the Small Business Administration could not unilaterally change its established approval…
Michigan Air National Guard, Adjutant General of Michigan, Department of Military Affairs and Michigan State Council of the Association of Civilian Technicians
Michigan Air National Guard and civilian technicians (FLRA 0-AR-1393): Alert assignment and backpay upheld
A Michigan Air National Guard technician volunteered for an aircraft alert assignment but was not selected. An arbitrator found that the agency had not proved its stated concerns about his conduct and ordered the assignment with any backpay lost. The agency argued that the award interfered with…
Consolidation Coal Company
Discrimination finding and relief ordered
Roger Lee Wayne, Sr., a mechanic and safety committeeman at Consolidation Coal Company's Ireland Mine, sought to attend a post-inspection conference about the mine's ventilation plan as the authorized representative of miners. Judge Avram Weisberger found that the meeting was protected activity…
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.