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

Matter of Andrade

Criminal record supported a $10,000 immigration bond

The Board sustained the Service's appeal from an immigration judge's decision releasing a Mexican lawful permanent resident on his own recognizance in bond proceedings. The respondent had multiple criminal convictions, and the Board considered those convictions, his character, the effect of the…

November 20, 1987 ·BIA
Modified
ALJ

Nacco Mining Company

Citation affirmed after remand

Nacco Mining Company's contest involved a citation that was modified from section 104(a) to section 104(d)(1) after a continuous miner operator worked beyond supported roof. Following a Commission remand, the parties stipulated that Nacco would no longer challenge the unwarrantable-failure finding…

November 19, 1987 ·Paul Merlin ·FMSHRC
Citations affirmed
COMM

Emery Chemicals, Division of National Distillers & Chemical Corporation

Hazard communication settlement approved

OSHA cited Emery Chemicals for alleged deficiencies in labels and material safety data sheets for several specialty chemical products. The judge held that labels for four corrosive products lacked appropriate target-organ warnings and affirmed that item as other-than-serious. The judge found that…

November 18, 1987 ·OSHRC
Settled
COMM

Stewart-Warner Corporation

Occupational-noise settlement approved

Stewart-Warner employees in three manufacturing departments were exposed to excessive noise from punch presses, screw machines, and air-ejection systems. The company had previously been cited for the same noise standard at the same plant. The judge found feasible engineering controls, affirmed the…

November 18, 1987 ·OSHRC
Settled
ALJ

Consolidation Coal Company

): Settlement approved and citation vacated

Consolidation Coal had two remaining citations in the WEVA 87-42(B) docket. The judge vacated citation 2713101 after medical information showed that an employee suffered grease burns rather than an electrical shock or other life-threatening injury, so the company was not required to report the…

November 16, 1987 ·James A. Broderick ·FMSHRC
Mixed result
ALJ

Consolidation Coal Company

Proceeding dismissed after citation transfer

The only citation remaining in Consolidation Coal Company's WEVA 87-42 docket was citation 2703915. The citation had been transferred to docket WEVA 87-42(B), where it was included in a decision approving a settlement and dismissing that proceeding. Judge James A. Broderick dismissed the WEVA 87-42…

November 16, 1987 ·James A. Broderick ·FMSHRC
Settled
ALJ

The Florence Mining Co.

Discrimination complaint withdrawn after settlement

Leonard W. Miller filed a discrimination complaint against The Florence Mining Co. after receiving a verbal warning for not operating his shuttle car fast enough. He sought an apology from his foreman. After the parties amicably resolved the matter, Miller asked to withdraw the complaint. Judge…

November 16, 1987 ·James A. Broderick ·FMSHRC
Settled
ALJ

Adkins Coal Corporation

Discrimination proceeding dismissed after settlement

The Secretary of Labor filed a discrimination complaint on behalf of Jerry Rife against Adkins Coal Corporation. The parties, including Rife, agreed to settle the case. Judge Gary Melick approved the settlement and dismissed the proceeding.

November 13, 1987 ·Gary Melick ·FMSHRC
Settled
ALJ

Heldenfels Brothers, Inc.

Default judgment entered for $80 in penalties

Heldenfels Brothers, Inc. faced four alleged violations of mine safety standards at its Crusher No. 9101 operation. The company filed its answer late. Its counsel telephoned Judge George A. Koutras after the show-cause deadline, explained the delay, and discussed payment or settlement, but did not…

November 13, 1987 ·George A. Koutras ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 2635 and Naval Communications Unit Cutler, East Machias, Maine

Cutler Naval Communications Unit and AFGE Local 2635 (FLRA O-NG-1404): Two contract provisions approved

The Navy disapproved two locally negotiated provisions at its Cutler communications unit. One called for reasonable efforts to reassign and train employees whose positions were eliminated; the other allowed union use of the AUTOVON telephone network for grievance work. The Authority found the…

November 12, 1987 ·FLRA
Set aside
COMM

National Treasury Employees Union and Internal Revenue Service, Indianapolis District

Indianapolis IRS district and NTEU (FLRA O-NG-1402): Smoking accommodation proposal negotiable

NTEU proposed that employees could smoke in designated areas but would stop or make accommodations when nonsmoking employees requested it. The IRS argued that the proposal would control managers and other employees outside the bargaining unit, especially in private offices. The Authority found that…

November 12, 1987 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 1815 and Army Aviation Center, Fort Rucker, Alabama

Fort Rucker Army Aviation Center and AFGE Local 1815 (FLRA O-NG-1210): Reconsideration of filing ruling denied

The union challenged the Army's disapproval of provisions in a locally executed agreement. The Authority had ruled that the disapproval was served on time when it was placed in certified mail, and declined to allow the union a later submission on the provisions' negotiability. The union sought…

November 12, 1987 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1760 and Department of Health and Human Services, Social Security Administration

Social Security Administration and AFGE Local 1760 (FLRA O-NG-1181): Negotiability order corrected

The Social Security Administration asked the Authority to reconsider a ruling on seven union proposals. The Authority agreed it had incorrectly described the case as review of an agency head's disapproval of a local agreement, when the union had appealed the agency's allegations of…

November 12, 1987 ·FLRA
Mixed result
COMM

Department of the Army, Headquarters, Presidio of San Francisco and American Federation of Government Employees, Local 1457

Presidio of San Francisco and AFGE Local 1457 (FLRA 9-CA-60127): Official time case remanded

The union alleged that the Presidio of San Francisco changed the official time allowed to its president without bargaining. An administrative law judge found a violation and concluded that an earlier grievance did not bar the complaint. After that ruling, the Army supplied an arbitrator's award…

November 12, 1987 ·FLRA
Remanded
COMM

American Federation of Government Employees and Social Security Administration

AFGE and Social Security Administration (FLRA 3-CO-20003): Different lawsuit fees permitted

Social Security employees pursued grievances over night differential pay, and AFGE also arranged a civil lawsuit to speed payment. The lawsuit charged union members a 5 percent fee on recovery and nonmembers a 10 percent fee. On remand, the Authority found that the lawsuit supplemented the…

November 12, 1987 ·FLRA
Upheld
COMM

Veterans Administration Medical Center and American Federation of Government Employees, Local No. 85

Leavenworth VA Medical Center and AFGE Local 85 (FLRA 0-AR-1425): AWOL reprimand set aside

A union officer working in the Leavenworth VA Medical Center laundry received official time for union meetings. After an afternoon meeting was canceled, she returned to the laundry about 30 minutes late and received an absence without leave charge and written reprimand. An arbitrator found that the…

November 12, 1987 ·FLRA
Upheld
ALJ

Otis Elevator Company

Elevator governor-rope citation affirmed with $750 penalty

Otis Elevator Company maintained two elevators at the Greenwich No. 1 Mine under a service contract with the mine operator. The judge found that Otis was an independent contractor and therefore an operator under the Mine Act. He concluded that an improperly installed governor rope made the elevator…

November 10, 1987 ·Roy J. Maurer ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 3884 and Veterans Administration Medical and Regional Office Center, Fargo, North Dakota

Fargo VA nurses (FLRA O-NG-1388): Union wins bargaining on leave-abuse notice, but not a discipline delay

AFGE Local 3884 proposed two rules concerning suspected leave abuse among nurses at a Veterans Administration medical center in Fargo. One would require management to notify the union 90 days before acting against an employee and would bar discipline if the employee corrected the pattern during…

November 10, 1987 ·FLRA
Mixed result
COMM

Tolbert v. Chaney Creek Coal Corporation

Motion to reopen enforcement proceeding denied

Ronald Tolbert asked the Commission to reopen his discrimination case so he could pursue collection of a judgment for back pay and attorney's fees from Chaney Creek Coal Corporation. The Commission noted that the judge's discrimination decision had become final and that Chaney Creek had not…

November 10, 1987 ·FMSHRC
Procedural
COMM

United States Department of Agriculture and American Federation of Government Employees, Local 2831

Department of Agriculture (FLRA 2-CA-70099): Travel expense bargaining required

The Department of Agriculture directed its Farmers Home Administration office in New Jersey to treat a union proposal on travel and per diem expenses as nonnegotiable. The proposal concerned employees performing union representation work. The Authority found that the parties had stipulated the…

November 10, 1987 ·FLRA
Upheld
COMM

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

Tinker Air Force Base (FLRA 0-AR-1419): One-day suspension award upheld

An arbitrator upheld a one-day suspension of an employee at Tinker Air Force Base for failing to request leave properly. The union challenged the suspension and argued that the arbitrator had mishandled witnesses and evidence. The Authority found no showing that the award violated law or…

November 10, 1987 ·FLRA
Upheld
COMM

Hill Air Force Base, Utah and American Federation of Government Employees, Local No. 1592

Hill Air Force Base (FLRA 0-AR-1372): Temporary promotions made conditional on OPM approval

Two Hill Air Force Base employees performed higher-grade production controller work and sought temporary promotions with backpay and credit for the experience. The arbitrator awarded promotions despite finding that they did not meet the minimum qualification standard. The Authority held that the…

November 10, 1987 ·FLRA
Modified
COMM

Veterans Administration Regional Office and American Federation of Government Employees, Local 1765

VA Regional Office (FLRA 0-AR-1272): Award restoring part-time hours set aside

A Veterans Administration regional office changed two part-time employees' schedules from 24 hours over three days to 20 hours over five days. An arbitrator ordered the office to restore their former schedules and pay the difference. The Authority held that management's statutory right to assign…

November 10, 1987 ·FLRA
Set aside
ALJ

H.D. Enterprises, Ltd.

Imminent-danger withdrawal order vacated

H.D. Enterprises challenged an imminent-danger withdrawal order issued while its crane was working near power lines at the Birchfield No. 1 Mine. The judge found that the lowest line was a low-voltage ground wire, the boom was at least 17 feet from the high-voltage lines, and electrical arcing…

November 6, 1987 ·Gary Melick ·FMSHRC
Citations vacated
ALJ

Owl Rock Products Company

Reverse-alarm citation affirmed with reduced penalty

Owl Rock Products Company was cited after a one-ton service truck with a partially obstructed rear view operated without an audible reverse alarm. The judge found that the truck was heavy-duty mobile equipment under 30 C.F.R. § 56.9087, even though it was used for service work rather than loading…

November 6, 1987 ·John J. Morris ·FMSHRC
Modified
ALJ

Metric Constructors, Inc.

Discrimination settlement approved

Brian S. Ousley and Metric Constructors, Inc. submitted a signed settlement agreement to resolve a discrimination proceeding. Judge Avram Weisberger found the agreement fair to both parties. He approved the settlement and ordered the parties to comply with all of its terms.

November 6, 1987 ·Avram Weisberger ·FMSHRC
Settled
COMM

Service Employees International Union, Local 556 and Department of the Army, U.S. Army Support Command, Hawaii, Fort Shafter

Fort Shafter nonappropriated fund employees (FLRA O-NG-736): Holiday and disability plan proposals cleared for bargaining

SEIU Local 556 sought several contract terms for nonappropriated fund employees at Fort Shafter, Hawaii. The Authority held that proposals on holidays and a temporary disability insurance plan were within the duty to bargain because the Army had not shown that controlling regulations barred them…

November 6, 1987 ·FLRA
Mixed result
COMM

National Treasury Employees Union, Chapter 207 and Federal Deposit Insurance Corporation

FDIC pay and benefits bargaining (FLRA O-NG-446, O-NG-1293): Reconsideration denied

The FDIC asked the Authority to reconsider two decisions involving bargaining over employee salaries and discretionary benefits. It argued that the Authority should revisit whether its pay regulation barred bargaining, whether wages and benefits were negotiable, and whether banking industry…

November 6, 1987 ·FLRA
Procedural
COMM

West Point Elementary School Teachers Association, NEA and United States Military Academy Elementary School

West Point elementary teachers (FLRA O-NG-1400): Compensation and grievance proposals cleared for bargaining

The West Point Elementary School Teachers Association challenged the school's refusal to bargain over several proposed employment terms. The Authority cleared proposals concerning compensation, a grievance procedure, and procedural safeguards for discipline. It rejected a proposal barring the…

November 6, 1987 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Council 214 and U.S. Marine Corps, Marine Corps Logistics Base, Nonappropriated Fund Instrumentality, Albany, Georgia

Albany Marine Corps base (FLRA O-NG-1320): Some contract provisions cleared for bargaining

The Marine Corps disapproved several provisions of a local agreement covering employees at its Albany, Georgia, logistics base. The Authority rejected provisions that would restrict work assignments or otherwise interfere too much with management rights. It required the agency to withdraw its…

November 6, 1987 ·FLRA
Mixed result
COMM

American Federation of Government Employees and Social Security Administration

Social Security official time (FLRA O-AR-1336): Arbitrator's claim to future disputes sent to another neutral

An arbitrator issued orders concerning the Social Security Administration's compliance with earlier rulings on union representatives' official time. The Authority rejected the agency's challenges to orders involving proper official-time requests, access to facilities, treatment of union…

November 6, 1987 ·FLRA
Mixed result
COMM

U.S. Department of Justice, Kennedy Center, Federal Correctional Institution, Bureau of Prisons and American Federation of Government Employees, Local 2441

Morgantown prison uniforms (FLRA 3-CA-60150): Unfair labor practice complaint dismissed

A federal prison in Morgantown changed its local uniform rules for correctional officers, including when they had to wear neckties and blazers. AFGE Local 2441 alleged that the prison unlawfully refused to bargain over the substance of those changes and implemented them unilaterally. The…

November 6, 1987 ·FLRA
Upheld
COMM

Coordinating Committee of Unions and Department of the Treasury, Bureau of Engraving and Printing

Bureau of Engraving and Printing (FLRA 0-NG-1435): Parking proposal cleared for bargaining

The Coordinating Committee of Unions proposed work schedule, parking, furlough, and performance appraisal terms for employees at the Bureau of Engraving and Printing. The Authority found the proposal for five union committee parking spaces negotiable because the bureau had not shown a conflict with…

November 6, 1987 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 1815 and U.S. Army Aviation Center and Fort Rucker, Alabama

Fort Rucker teachers (FLRA 0-NG-1306): Some leave and pay terms cleared for bargaining

The Army disapproved five provisions of a negotiated agreement covering teachers at Fort Rucker. The Authority rejected a provision governing the teachers' workday, school year, and substitute coverage because it interfered with management's right to assign work. It also rejected one section of a…

November 6, 1987 ·FLRA
Mixed result
COMM

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

Charleston Naval Shipyard (FLRA 0-NG-1256, 0-NG-1317): On-call staffing appeals dismissed

The Federal Employees Metal Trades Council challenged the Navy's refusal to bargain over changes to on-call employment at the Charleston Naval Shipyard. The Authority found that requiring a particular department head to approve recruitment, capping on-call employees at five percent of an…

November 6, 1987 ·FLRA
Mixed result
COMM

Patent Office Professional Association and Patent and Trademark Office, Department of Commerce

Patent and Trademark Office (FLRA 0-NG-1145): Bargaining ordered on some appraisal and discipline terms

The Patent Office Professional Association challenged the Patent and Trademark Office's refusal to bargain over proposed performance appraisal and discipline procedures. The Authority cleared a meeting for employee input on a proposed appraisal plan and several other procedural terms, while…

November 6, 1987 ·FLRA
Mixed result
COMM

National Federation of Federal Employees and Department of the Interior, Bureau of Land Management

Bureau of Land Management agreement (FLRA 0-NG-1141): Some local terms upheld, others rejected

The Bureau of Land Management's agency head disapproved 16 provisions of a locally negotiated agreement with the National Federation of Federal Employees. The Authority found several terms negotiable, including employee participation in developing performance standards, some union representation…

November 6, 1987 ·FLRA
Mixed result
COMM

Matter of Duckett

Canadian railroad clerk was admissible as a business visitor

The Board dismissed the Service's appeal from a decision finding a Canadian railroad clerk admissible as a nonimmigrant visitor for business. The clerk needed to enter the United States briefly during his shift to clear his employer's railroad cars for transport from New York to Canada. The Board…

November 4, 1987 ·BIA
Affirmed
COMM

Air Force Logistics Command, Robins Air Force Base and American Federation of Government Employees, Council No. 214

Robins Air Force Base (FLRA 0-AR-1388): Backpay for higher-grade work upheld

An employee at Robins Air Force Base worked in duties the arbitrator found to be at the GS-4 level while she was paid at GS-3. The arbitrator awarded backpay equal to the difference, beginning on the 31st day of her assignment and ending when she was reassigned. The Air Force argued that the…

November 3, 1987 ·FLRA
Upheld
ALJ

Pittsburg & Midway Coal Mining Company

One citation vacated and two affirmed

Pittsburg & Midway Coal Mining Company faced three electrical safety citations at the Kemmerer Mine. The judge vacated the citation for a missing straining clamp because wooden blocks inside the junction box adequately protected the cable. He affirmed citations for an ungrounded space heater and an…

November 2, 1987 ·John J. Morris ·FMSHRC
Mixed result
ALJ

Emerald Mines Corporation

Citation contest denied after remand

Emerald Mines Corporation contested a citation alleging that power to a continuous miner was not immediately de-energized when methane was detected and that ventilation changes were made before the machine was de-energized. After the Commission remanded the case, the parties stipulated that the…

November 2, 1987 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Scotts Branch Mine

Discrimination complaint dismissed

Eddie D. Johnson alleged that Scotts Branch Mine transferred him from a coal-producing section to construction work in retaliation for safety complaints and his work on the mine safety committee. The judge found that the mine was reorganizing its workforce to improve production before installing a…

November 2, 1987 ·George A. Koutras ·FMSHRC
Other
ALJ

Pioneer Sand & Gravel Company

Four citations affirmed with reduced penalty

Pioneer Sand & Gravel Company was cited for four conditions at its sand and gravel pit, including unsafe access near a primary trap, electrical conditions, and an ungrounded space heater. The judge affirmed all four citations but found that the access violation was not significant and substantial…

October 30, 1987 ·August F. Cetti ·FMSHRC
Modified
COMM

Department of the Navy, Naval Supply Center, Pearl Harbor, Hawaii and Hawaii Federal Employees Metal Trades Council, AFL-CIO

Pearl Harbor Naval Supply Center (FLRA 98-CA-70327): Employee address disclosure ordered

The Hawaii Federal Employees Metal Trades Council requested the names and home addresses of employees in its bargaining unit at the Navy's Pearl Harbor Naval Supply Center. The Navy refused unless SEIU Local 556, which administered the contract for the Council, said it needed the information. The…

October 30, 1987 ·FLRA
Upheld
COMM

Department of the Navy, Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades Council, AFL-CIO

Pearl Harbor Naval Shipyard quality circles (FLRA 98-CA-60042, 98-CA-60043): Program changes violated bargaining duty

The Pearl Harbor Naval Shipyard operated a quality circle program in which employees met to solve workplace problems. After negotiating an earlier version with the Hawaii Federal Employees Metal Trades Council, the shipyard revived the program and changed how coordinators were selected and how the…

October 30, 1987 ·FLRA
Upheld
COMM

Veterans Administration Medical Center, Prescott, Arizona and American Federation of Government Employees, Local 2401

Prescott VA medical center (FLRA 8-CU-70005): Two personnel clerks remain in bargaining unit

AFGE Local 2401 sought to include a personnel staffing assistant and a personnel actions clerk at the Prescott VA medical center in its bargaining unit. A Regional Director found their actual duties were clerical and included both positions. The medical center sought review, arguing that some…

October 30, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees and Edward Hanlon

AFGE and Edward Hanlon (FLRA 3-CO-60006): Union threat over labor charges found unlawful

Edward Hanlon filed unfair labor practice charges while supporting a different union at the Census Bureau. AFGE added his filing of those charges to an internal disciplinary case against him, then withdrew that allegation after he filed a charge against AFGE. The administrative law judge…

October 30, 1987 ·FLRA
Set aside
COMM

U.S. Government Printing Office and Joint Council of Unions/GPO

Government Printing Office leave policy (FLRA 3-CA-60461): Complaint dismissed

The Government Printing Office and its unions negotiated a temporary leave without pay policy that relaxed an earlier instruction. When the temporary notice expired, the office restored the prior instruction. The Joint Council of Unions argued that doing so without fresh bargaining was an unfair…

October 30, 1987 ·FLRA
Upheld
COMM

Department of Health and Human Services and Social Security Administration and American Federation of Government Employees, Local 3610

Social Security Administration (FLRA 2-CA-70163): Refusal to provide employee address list found unlawful

AFGE Local 3610 requested the names and home addresses of employees it represented in the Social Security Administration's Office of Hearings and Appeals, Region III. The agencies refused, relying on a Health and Human Services policy that said a union was not entitled to home addresses under the…

October 30, 1987 ·FLRA
Upheld
COMM

National Association of Government Employees, SEIU, AFL-CIO and Michigan and Missouri Army National Guards

National Guard technician military training (FLRA 0-NG-1391, 0-NG-1406): Proposals outside bargaining duty

The National Association of Government Employees proposed rules for technicians in the Michigan and Missouri Army National Guards who had to complete military education for promotion. The proposals would recognize earlier training, set leave terms for new training, and let technicians choose…

October 30, 1987 ·FLRA
Upheld
COMM

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

Pennsylvania National Guard technicians (FLRA 0-NG-1379): Position description and grievance terms cleared

The Association of Civilian Technicians proposed terms addressing military and civilian assignment compatibility at three Pennsylvania Army aviation support facilities. The Authority rejected proposals that would change the Guard's organization or otherwise control military assignment and staffing…

October 30, 1987 ·FLRA
Mixed result
COMM

National Treasury Employees Union and Department of the Treasury, Internal Revenue Service

IRS union negotiators (FLRA 0-NG-1338): Travel and per diem proposal cleared for bargaining

The National Treasury Employees Union proposed that the IRS pay travel and per diem for union negotiators. The IRS argued that the proposal conflicted with law and government-wide rules and intruded on its budget and mission. The Authority found the proposal negotiable, noting that it did not…

October 30, 1987 ·FLRA
Set aside
COMM

Engineers and Scientists of California, MEBA and United States Environmental Protection Agency

EPA and MEBA (FLRA 0-NG-1265): Negotiability appeal dismissed as late

Engineers and Scientists of California, MEBA appealed the EPA's disapproval of provisions in a local bargaining agreement. The EPA said it had served the disapproval more than a year before the union filed its petition. The union did not dispute that timing. The Authority's case management director…

October 30, 1987 ·FLRA
Procedural
COMM

Veterans Administration, Amarillo, Texas and National Federation of Federal Employees, Local 1138

Amarillo VA hospital (FLRA 0-AR-1433): Technician's suspension award upheld

A laboratory medical technician at the Amarillo Veterans Administration hospital misspelled a patient's surname on blood unit labels and in the blood bank log. The error was not noticed during the first unit's release and was found before the second transfusion. The hospital suspended the…

October 30, 1987 ·FLRA
Upheld
COMM

Mare Island Naval Shipyard and Federal Employees Metal Trades Council

Mare Island Naval Shipyard (FLRA 0-AR-1428): Removal award exceptions dismissed for lack of jurisdiction

Mare Island Naval Shipyard removed an employee for absence without leave. An arbitrator found removal too severe, ordered reinstatement, and denied backpay and benefits for the period away from work. The union challenged the award, arguing that the arbitrator had mishandled rules concerning…

October 30, 1987 ·FLRA
Procedural
COMM

U.S. Army Plant Representative Office, Bell Helicopter Textron, Fort Worth, Texas and American Federation of Government Employees, Local 2475

Army plant office at Bell Helicopter (FLRA 0-AR-1420): Work assignment grievances remain denied

The Army plant representative office assigned quality assurance specialists to evaluate contractor estimates and inspect first aid kits and fire extinguishers. An arbitrator found the assignments permitted by the governing rules, labor agreement, job description, and past practice, and denied two…

October 30, 1987 ·FLRA
Upheld
COMM

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

Barstow Marine Corps base (FLRA 0-AR-1408): Union meeting overtime denial left in place

An AFGE representative at the Barstow Marine Corps Logistics Base sought overtime for a national labor-management committee meeting that continued after his normal workday. His grievance also sought travel expenses and challenged a paycheck deduction for an earlier travel overpayment. The…

October 30, 1987 ·FLRA
Upheld
COMM

Social Security Administration, Region IX and American Federation of Government Employees, Council 147

Social Security Region IX (FLRA 0-AR-1396): Retroactive pay increase removed from award

An arbitrator found that Social Security had denied an employee a within-grade pay increase without giving him the 60 days to improve required by the labor agreement. The arbitrator ordered the increase retroactively with backpay. The Authority held that this remedy required a finding that the…

October 30, 1987 ·FLRA
Modified
COMM

American Federation of Government Employees, General Committee and Social Security Administration

Social Security paycheck delivery (FLRA 0-AR-1386): Reconsideration denied

The Authority had denied AFGE's exceptions to an arbitration award about how Social Security delivered employees' paychecks. The union sought reconsideration, arguing that the ruling differed from unfair labor practice decisions on similar issues and that the award rested on a nonfact. It also…

October 30, 1987 ·FLRA
Procedural
COMM

Social Security Administration, Mid-America Program Service Center and American Federation of Government Employees, Local 1336

Social Security Mid-America center (FLRA 0-AR-1378): Reconsideration of suspension dismissal denied

The Authority had dismissed the union's exceptions to an arbitration award about a 20-day suspension because that type of adverse action fell outside its jurisdiction. AFGE Local 1336 asked it to reconsider, arguing that the arbitrator should also have decided an official-time issue involving other…

October 30, 1987 ·FLRA
Procedural

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.