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

Social Security Administration, Office of Hearings and Appeals, Kansas City and American Federation of Government Employees, Local 1336

Social Security Kansas City office (FLRA 0-AR-1358): Union steward's travel-time grievance remains denied

A union steward at Social Security's Kansas City hearings office received official time for representation work at the union office but had to use lunch time and annual leave to travel there. An arbitrator found no automatic entitlement to official time for the travel under the statute, labor…

October 30, 1987 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R2-98 and Department of the Army, Watervliet Arsenal

Watervliet Arsenal (FLRA 0-AR-1344): Career-ladder backpay award upheld

Two Watervliet Arsenal employees worked at the WG-10 level while still paid at WG-8. An arbitrator found that they had met the career-ladder promotion conditions earlier than their formal promotions and that the Army's delay violated the labor agreement. The arbitrator ordered retroactive…

October 30, 1987 ·FLRA
Upheld
COMM

Association of Civilian Technicians and Pennsylvania National Guard

Pennsylvania National Guard (FLRA 0-AR-1298): Posting order for mechanic position upheld

Four civilian technicians challenged the Pennsylvania National Guard's decision to fill an aircraft pneudraulic system mechanic position without posting it under the labor agreement. An arbitrator found that the negotiated promotion procedure applied and ordered the Guard to post the position. The…

October 30, 1987 ·FLRA
Upheld
ALJ

Southwestern Portland Cement Company

Discrimination complaint dismissed

Alfred Daniels claimed that Southwestern Portland Cement Company suspended him without pay because he made safety complaints to the company and to MSHA. The judge found that the decision-makers did not know about those complaints when they suspended him and that the suspension was based on…

October 29, 1987 ·William Fauver ·FMSHRC
Other
COMM

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

Defense Dependents Schools teacher grievance (FLRA 0-AR-593): Earlier Authority decision vacated

A Defense Dependents Schools teacher filed a grievance after his industrial arts position was slated for elimination and he was transferred to another school. An arbitrator found that the actions were motivated by his union activities and ordered reinstatement to his former position with backpay…

October 29, 1987 ·FLRA
Upheld
COMM

Department of the Air Force, Hill Air Force Base and American Federation of Government Employees, Local 2510

Hill Air Force Base arbitration (FLRA 0-AR-1434): Union exceptions dismissed as late

AFGE Local 2510 challenged an arbitration award involving Hill Air Force Base. Its exceptions had to reach the Federal Labor Relations Authority's national office by September 15, 1987, or be mailed there by that date. The union instead sent them to a regional office at an outdated address. The…

October 29, 1987 ·FLRA
Procedural
COMM

Naval Supply Center, Charleston, South Carolina and American Federation of Government Employees, Local 2510

Charleston Naval Supply Center arbitration (FLRA 0-AR-1430): Union exceptions dismissed as late

AFGE Local 2510 filed exceptions to an arbitration award involving the Naval Supply Center in Charleston. The Authority calculated that the exceptions had to be mailed to its national office by August 10, 1987, or delivered there by that date. The union mailed them to a regional office on August…

October 29, 1987 ·FLRA
Procedural
COMM

Veterans Administration Medical Center and American Federation of Government Employees, Local 1012

Veterans Administration Medical Center (FLRA 0-AR-1422): Four-hour absence charge upheld

A Veterans Administration Medical Center charged an employee with four hours of absence without leave after she missed a scheduled shift. An arbitrator denied the grievance because she had not contacted her immediate supervisor to obtain emergency annual leave. AFGE Local 1012 argued that treating…

October 29, 1987 ·FLRA
Upheld
ALJ

Big Elk Creek Coal Co., Inc.

Attorney's fee awarded in discrimination proceeding

Arnold Sharp's discrimination proceeding against Big Elk Creek Coal Company was before Administrative Law Judge William Fauver. Sharp's counsel asked for an attorney's fee, and the company did not object to the proposed fee. The judge granted the motion and ordered the company to pay $1,725 to…

October 28, 1987 ·William Fauver ·FMSHRC
Procedural
COMM

Union Carbide Corporation, Linde Division

Acetylene label citation withdrawn and vacated

OSHA cited Union Carbide over hazard communication requirements for acetylene shipped to manufacturing customers. The judge vacated an item concerning written hazard-determination procedures but affirmed an other-than-serious item because the acetylene label did not warn that the gas could displace…

October 28, 1987 ·OSHRC
Citations vacated
COMM

United States Department of Health and Human Services, Region II and National Treasury Employees Union, Chapter 218

HHS Region II employee addresses (FLRA 2-CA-70092): Disclosure and notice ordered

NTEU Chapter 218 requested the home addresses of employees it represented at HHS Region II. The region refused, arguing that the union did not need the information for bargaining and that privacy law prohibited disclosure. The administrative law judge applied the Authority's earlier employee…

October 28, 1987 ·FLRA
Upheld
COMM

Department of Health and Human Services, Social Security Administration, Field Operations, Region II and American Federation of Government Employees, Local 2369

Social Security Camden orientation (FLRA 2-CA-60016): Union representation claim dismissed

A new Social Security Administration employee met with her supervisor at the Camden, New Jersey, office on her first day there. They discussed office rules, work hours, leave, and other subjects for about 20 minutes, and the union was not invited. AFGE Local 2369 alleged that this was a formal…

October 28, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2024 and Department of the Navy, Portsmouth Naval Shipyard

Portsmouth Naval Shipyard committee observer (FLRA 0-NG-1362): Union proposal negotiable

AFGE Local 2024 proposed appointing a union representative to several committees at the Portsmouth Naval Shipyard, including an incentive awards rating board. The proposal said the union observer would monitor contract enforcement and would not participate in management deliberations. The Navy…

October 28, 1987 ·FLRA
Set aside
COMM

National Association of Government Employees, SEIU, AFL-CIO and State of Connecticut, Adjutant General's Office

Connecticut National Guard technician training (FLRA O-NG-1411): Leave proposal outside bargaining duty

The National Association of Government Employees proposed that Connecticut National Guard technicians attending active duty training would not have to use annual leave or take leave without pay after exhausting military leave. The union said this would preserve civilian pay and benefits while…

October 27, 1987 ·FLRA
Upheld
COMM

United States Immigration and Naturalization Service and National Border Patrol Council, AFGE Local 1929

Border Patrol union official time (FLRA O-AR-1417): Eight-hour award upheld

A Border Patrol chief steward used union block time to represent an employee facing proposed removal after management denied a request for official time. An arbitrator found that the agency should have allowed eight hours of official time and ordered those hours restored to the union's block time…

October 27, 1987 ·FLRA
Upheld
ALJ

Green River Coal Co., Inc.

Mixed rulings on coal, equipment, and penalty proceedings

Green River Coal Company challenged several citations and orders involving its Green River No. 9 Mine, while the Secretary sought civil penalties. The judge dismissed two contest dockets, vacated a citation involving an electrical roof bolter, and found that coal had accumulated along a conveyor…

October 27, 1987 ·Avram Weisberger ·FMSHRC
Mixed result
COMM

Department of the Navy, Naval Air Rework Facility, Jacksonville and International Brotherhood of Teamsters, Local 512

Jacksonville Naval Air Rework Facility (FLRA 4-CA-70178): Employee addresses ordered disclosed

Teamsters Local 512 requested the names and home addresses of employees in its bargaining unit at the Jacksonville Naval Air Rework Facility. The facility refused, arguing that privacy law barred release and that the union had other ways to communicate with employees. The judge applied the…

October 27, 1987 ·FLRA
Upheld
COMM

Federal Union of Scientists and Engineers, NAGE Local R1-144 and Naval Underwater Systems Center, Newport, Rhode Island

Naval Underwater Systems Center promotion proposal (FLRA 0-NG-1455): Petition dismissed after withdrawal

The Federal Union of Scientists and Engineers proposed terms concerning promotional opportunities created by a reorganization at the Naval Underwater Systems Center. The local activity called the proposal a permissive subject and said management did not want to bargain. The union petitioned the…

October 27, 1987 ·FLRA
Procedural
COMM

American Federation of Government Employees, Locals 696 and 2010 and Naval Supply Center, Jacksonville, Florida

Jacksonville Naval Supply Center emergency definition (FLRA 0-NG-1394): Proposal rejected

AFGE Locals 696 and 2010 proposed a definition of "emergency" for their agreement with the Jacksonville Naval Supply Center. The Navy argued that the definition would limit its statutory right to act during emergencies. The union said the wording would apply only to the agreement and would not…

October 27, 1987 ·FLRA
Upheld
ALJ

Highwire, Incorporated

Settlement approved for eight coal-mine citations

The Secretary of Labor proposed civil penalties against Highwire, Incorporated for eight alleged violations of mandatory safety standards at its No. 1 Mine. The parties agreed to pay the full proposed amounts, $126 in KENT 87-95 and $380 in KENT 87-156. Judge George A. Koutras found the settlements…

October 23, 1987 ·George A. Koutras ·FMSHRC
Settled
ALJ

J.C. London Coal Company, Inc.

Citations affirmed and penalties assessed after default

J.C. London Coal Company did not appear at the hearing on 18 alleged mine-safety violations and was found in default after receiving proper notice. Judge George A. Koutras found the cited violations established on the inspectors' testimony and affirmed the citations. He assessed $364 for the KENT…

October 23, 1987 ·George A. Koutras ·FMSHRC
Modified
COMM

Department of the Air Force, 18th Combat Support Wing, Kadena Air Base and Overseas Education Association, Pacific Region

Kadena Air Base teacher leaflets (FLRA 98-CA-60359): Commissary distribution protected

The Overseas Education Association sought to distribute handbills at Kadena Air Base's commissary about budget cuts to Department of Defense Dependents Schools. The Air Force denied permission, describing the proposed distribution as political activity on a closed military base. An administrative…

October 23, 1987 ·FLRA
Upheld
COMM

United States Marine Corps, Camp Smedley D. Butler, Okinawa and Overseas Education Association, Pacific Region

Camp Butler teacher leaflets (FLRA 98-CA-60358): Commissary distribution protected

The Overseas Education Association sought to distribute handbills at Camp Smedley D. Butler's commissary about cuts to Department of Defense Dependents Schools programs. The Marine Corps denied permission because it considered the leaflets political activity inconsistent with its neutrality policy…

October 23, 1987 ·FLRA
Upheld
COMM

Department of the Air Force, 3rd Combat Support Group, Clark Air Base and Overseas Education Association, Pacific Region

Clark Air Base teacher leaflets (FLRA 98-CA-60357): Exchange and commissary distribution protected

The Overseas Education Association sought to distribute handbills at Clark Air Base about budget cuts to Department of Defense Dependents Schools and their effects on teachers and students. The base commander refused, describing the effort to enlist parents' support as inappropriate lobbying on a…

October 23, 1987 ·FLRA
Upheld
COMM

United States Marine Corps Air Station, Yuma, Arizona and National Federation of Federal Employees

Yuma Marine Corps Air Station (FLRA 8-CA-70348): Employee addresses ordered disclosed

The National Federation of Federal Employees requested names and home addresses on behalf of Local 64, which represented two bargaining units at the Yuma Marine Corps Air Station. The station refused, arguing that privacy law prohibited disclosure and that the union had other ways to contact…

October 23, 1987 ·FLRA
Upheld
COMM

Department of the Army, U.S. Army Field Artillery Center and Fort Sill; National Federation of Federal Employees; and Teamsters Local 886

Fort Sill union election (FLRA 6-CA-60105, 6-RO-40005): Army neutrality violation and new vote

NFFE Local 273 and Teamsters Local 886 were competing to represent a Fort Sill bargaining unit. While a runoff election was pending, senior Army officials met with Teamsters representatives and employees about contracting out, a subject affecting the NFFE unit, and made assurances about jobs and…

October 23, 1987 ·FLRA
Upheld
COMM

Naval Air Rework Facility and National Association of Government Inspectors, Local 257

Naval Air Rework Facility reprimand (FLRA 0-AR-1418): Arbitration award upheld

A Naval Air Rework Facility employee received a reprimand for disrespectful and abusive language directed at a supervisor. An arbitrator found just cause for the reprimand, rejecting the view that the language was ordinary workplace profanity, and dismissed the grievance. The National Association…

October 23, 1987 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Miners awarded compensation after an MSHA withdrawal order

Local Union 1261 sought compensation for underground miners at Consolidation Coal Company's Emery Mine after the company withdrew them because of rising gas levels. MSHA issued a section 103(k) withdrawal order the next morning, and the miners were not working when the order issued. Judge John J…

October 22, 1987 ·John J. Morris ·FMSHRC
Other
COMM

Matter of Battista

Adjustment application required reconsideration

The Board sustained an Italian respondent's appeal from the denial of his adjustment-of-status application. The immigration judge had relied on a finding that the respondent intended to remain in the United States when he entered as a visitor, but the Board found that finding unsupported by the…

October 21, 1987 ·BIA
Remanded
COMM

National Treasury Employees Union and Department of the Treasury

Treasury arbitration provisions (FLRA 0-NG-1392): Negotiability petition dismissed

The National Treasury Employees Union and the Treasury Department reached an impasse during negotiations to reopen their agreement. An arbitrator directed them to adopt seven disputed provisions, and the agency head later disapproved those provisions during agreement review. The union appealed the…

October 21, 1987 ·FLRA
Procedural
COMM

U.S. Forest Service, Shasta-Trinity National Forest and National Federation of Federal Employees, Local 1771

Shasta-Trinity National Forest arbitration (FLRA 0-AR-1426): Exceptions dismissed for filing defects

An employee at the Shasta-Trinity National Forest filed exceptions to an arbitration award. The Authority told him that the filing lacked a legible copy of the award, the arbitrator's name and address, and evidence that he could file as a party or on behalf of NFFE Local 1771. It gave him ten days…

October 21, 1987 ·FLRA
Procedural
ALJ

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., Craft Coal Company

Babcock Mining Co. et al. (FMSHRC WEVA 87-106-D): Default liability entered, relief reserved

The Secretary of Labor sought default decisions in two discrimination proceedings involving Babcock Mining Company and related respondents. After the respondents failed to answer an order to show cause, Judge William Fauver granted the Secretary's motion for default against the other respondents…

October 20, 1987 ·William Fauver ·FMSHRC
Procedural
ALJ

Dunkard Mining Co.

Discrimination complaint dismissed

Ronald R. Morris claimed that Dunkard Mining Company caused him to lose truck-driving work after he complained about a snow-covered haulage road and tried to contact his union representative. Judge Avram Weisberger found that Morris engaged in protected safety activity and that the action keeping…

October 20, 1987 ·Avram Weisberger ·FMSHRC
Other
COMM

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

Danbury prison supplemental agreement (FLRA O-NG-1331): Some proposals negotiable, others dismissed

AFGE Local 1661 sought a supplemental agreement with the Federal Correctional Institution in Danbury, and the agency challenged numerous proposals as nonnegotiable. The Authority dismissed twelve proposals as untimely because the union had already received substantially identical objections in July…

October 20, 1987 ·FLRA
Mixed result
ALJ

Green River Coal Company, Inc.

Settlements approved across four mine dockets

Green River Coal Company agreed to settle four civil penalty proceedings involving coal accumulations, conveyor equipment, ventilation, methane, accident-site preservation, and roof control at its Green River No. 9 Mine. Judge George A. Koutras found the settlements reasonable and in the public…

October 20, 1987 ·George A. Koutras ·FMSHRC
Settled
COMM

Department of the Navy, Navy Exchange, Naval Administrative Command, Orlando and National Federation of Federal Employees, Local 1451

Orlando Navy Exchange (FLRA 4-CA-70163): Employee addresses ordered disclosed

NFFE Local 1451 requested the names and home addresses of employees it represented at the Orlando Navy Exchange to prepare for contract negotiations. The exchange refused, arguing that privacy law prohibited release and that the union had other ways to contact employees. The judge applied the…

October 20, 1987 ·FLRA
Upheld
COMM

Department of the Navy, Naval Amphibious Base and six related Virginia facilities and American Federation of Government Employees, Local 1625

Virginia Navy facilities (FLRA 34-CA-70415): Seven units' employee addresses ordered disclosed

AFGE Local 1625 requested names and home addresses of employees it represented at seven Navy facilities in the Norfolk and Virginia Beach area. The facilities refused, arguing that the information was unnecessary for representation and that privacy law barred release. The parties stipulated that…

October 20, 1987 ·FLRA
Upheld
COMM

Defense Logistics Agency, Defense General Supply Center and American Federation of Government Employees, Local 2047

Defense General Supply Center compliance motions (FLRA 34-CA-50359): Late motions dismissed

The Defense General Supply Center asked the Authority to clarify a July 1987 order and extend its time to comply. The agency sought correction of names used in the order and removal of a requirement to comply with an arbitration award. The Authority had already issued a corrected copy fixing the…

October 20, 1987 ·FLRA
Procedural
COMM

National Association of Government Employees, Local R4-6 and Department of the Army, Fort Eustis

Fort Eustis traffic rules (FLRA 0-NG-1393): Eight union proposals rejected

NAGE Local R4-6 proposed changes to Fort Eustis rules on gate inspections and suspension or revocation of installation driving privileges. The proposals would have limited searches, changed the duration of a driving privilege penalty, and restricted action after impaired driving incidents…

October 20, 1987 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 284 and Department of the Navy, Naval Air Technical Training Center Lakehurst

Lakehurst light duty and dues provisions (FLRA 0-NG-1386): One approved, one rejected

NFFE Local 284 and the Naval Air Technical Training Center at Lakehurst agreed to two provisions that the Navy later disapproved. One asked management to make every reasonable effort to assign light duty after an on-the-job injury in line with the base clinic's restrictions. The Authority found…

October 20, 1987 ·FLRA
Mixed result
COMM

Veterans Administration, Buffalo Regional Office and American Federation of Government Employees, Local 3314

Buffalo Veterans Administration grievance (FLRA 0-AR-1403): Late grievance ruling upheld

An employee at the Veterans Administration's Buffalo Regional Office grieved a note from his supervisor. The arbitrator ruled that the grievance had not reached step three within the deadline set by the collective bargaining agreement and dismissed it for lack of jurisdiction. AFGE Local 3314…

October 20, 1987 ·FLRA
Upheld
ALJ

Midacontinent Resources, Inc.

Escapeway orders modified and penalties assessed

Midacontinent Resources was cited after an obstructed return escapeway at its Dutch Creek No. 1 Mine was not maintained for safe passage. The judge found that a failure-to-abate withdrawal order was improperly issued because the evidence did not show that the original obstruction remained…

October 15, 1987 ·Michael A. Lasher, Jr. ·FMSHRC
Modified
ALJ

U.S. Steel Mining Company, Inc.

Trailing-cable citations affirmed

U.S. Steel Mining Company was cited because trailing-cable receptacles at its Cumberland Mine were not labeled to identify the equipment connected to them. Judge Paul Merlin held that the plug and receptacle together formed the disconnecting device covered by 30 C.F.R. § 75.601. He found that…

October 15, 1987 ·Paul Merlin ·FMSHRC
Citations affirmed
COMM

Bureau of Indian Affairs, Wind River Agency and National Federation of Federal Employees, Council of BIA Locals

Wind River Agency law enforcement officers (FLRA 7-RO-60007): Election order stands

NFFE sought an election on whether game wardens and police officers at the Wind River Agency should join an existing consolidated bargaining unit. The regional director found a community of interest with employees in the unit and directed an election. The Bureau of Indian Affairs sought review…

October 15, 1987 ·FLRA
Upheld
COMM

U.S. Department of Agriculture, Agricultural Marketing Service, Meat Grading and Certification Branch and AFGE National Meat Graders Council

Meat graders' bargaining travel (FLRA 3-CA-70226): USDA ordered to negotiate

The AFGE National Meat Graders Council proposed that the Meat Grading and Certification Branch pay travel and per diem expenses for employee negotiators during talks for a new agreement. USDA had instructed the branch not to bargain over such proposals, and the branch declared this proposal…

October 15, 1987 ·FLRA
Mixed result
COMM

U.S. Customs Service, Northeast Region and National Treasury Employees Union

Logan Airport customs renovation (FLRA 1-CA-60236, 1-CA-60244): Bargaining ordered on construction effects

Customs renovated the passenger inspection area at Boston's Logan International Airport, removing baggage conveyor belts, installing new inspection modules, and adding carts. NTEU requested bargaining over the effect of the changes on inspectors, but Customs refused because it believed working…

October 15, 1987 ·FLRA
Upheld
COMM

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

Kansas City VA suspension (FLRA 0-AR-1400): Five-day award upheld

The Kansas City Veterans Administration Medical Center suspended an employee for five days for abusive language toward a management official. An arbitrator found just cause for discipline and held that the penalty was appropriate. AFGE Local 2663 challenged the arbitrator's reliance on witness…

October 15, 1987 ·FLRA
Upheld
COMM

Veterans Administration, Washington, D.C., Veterans Administration Regional Office, Milwaukee, Wisconsin and National Federation of Federal Employees, Local 3

Milwaukee VA Regional Office and NFFE Local 3 (FLRA 5-CA-70212): Employee addresses ordered disclosed

NFFE Local 3 asked the Milwaukee VA Regional Office for bargaining unit employees' names and home addresses. The VA refused, arguing that disclosure would conflict with privacy law and that the union could reach employees another way. An administrative law judge granted the General Counsel's…

October 13, 1987 ·FLRA
Upheld
ALJ

U.S. Steel Mining Co., Inc.

Compensation proceeding dismissed after settlement withdrawal

Local Union 1248 of the United Mine Workers of America asked to withdraw its compensation complaint against U.S. Steel Mining Co., Inc., based on a settlement. The proceeding concerned the Maple Creek Mine. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11 and…

October 8, 1987 ·Gary Melick ·FMSHRC
Procedural
ALJ

Highwire, Incorporated

Citation contest dismissed after withdrawal

Highwire, Incorporated contested Citation No. 2776209 at its No. 1 Mine. When the case was called for a scheduled hearing, Highwire's counsel said the company no longer wished to pursue the contest and asked to withdraw it. Judge George A. Koutras granted the request and dismissed the case. The…

October 8, 1987 ·George A. Koutras ·FMSHRC
Procedural
ALJ

American Standard Coal Sales, Inc., H. Cameron Coal Co., Inc., Scarab Energy Corp., and Winston Meredith

American Standard Coal Sales, Inc. and related respondents (FMSHRC SE 86-98-D and SE 86-99-D): Discrimination proceedings dismissed after settlement withdrawal

Charles McGhee and Jackie Lowe asked to withdraw their discrimination complaints against American Standard Coal Sales, H. Cameron Coal, Scarab Energy, and Winston Meredith after reaching a mutually agreeable settlement. Judge Roy J. Maurer granted permission to withdraw under 29 C.F.R. § 2700.11…

October 7, 1987 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Paramont Coal Corporation

High negligence affirmed and $850 penalty assessed

Paramont Coal Corporation was assessed a civil penalty for loose overhanging coal and rock brows and fractured coal ribs at its Deep Mine No. 13. The parties stipulated that the violation of 30 C.F.R. § 75.202 occurred, leaving the level of negligence and the penalty for decision. Judge George A…

October 5, 1987 ·George A. Koutras ·FMSHRC
Citations affirmed
COMM

Veterans Administration Staff Nurses Council, Local 5032, WFNHP, AFT, AFL-CIO and Veterans Administration Medical Center, Wood, Wisconsin

Wood VA nurses and staffing proposals (FLRA O-NG-1012): Some proposals negotiable

A nurses' union sought a ruling on 13 proposals for nonsupervisory registered nurses at the Wood VA Medical Center. The Authority held that the VA had to bargain on proposed grievance procedures and several provisions addressing schedules and other working conditions. It rejected provisions that…

October 5, 1987 ·FLRA
Mixed result
ALJ

Green River Coal Company

Settlement approved, citations vacated, and contests dismissed

Green River Coal Company had related contest and civil penalty proceedings involving citations and alleged reporting violations. The parties proposed reducing the total penalties from $7,800 to $950. Judge Avram Weisberger found the agreed penalties appropriate under the Mine Act's penalty criteria…

October 5, 1987 ·Avram Weisberger ·FMSHRC
Mixed result
COMM

Overseas Education Association, Inc. and Department of Defense Dependents Schools

Overseas education bargaining proposals (FLRA 0-NG-950): Bargaining ordered on some provisions

The Overseas Education Association appealed the schools agency's refusal to bargain over 67 proposals covering educators' working conditions. The Authority considered subjects including union meetings, assignments, school operations, leave, and compensation. It ordered bargaining on many…

October 2, 1987 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 491 and Veterans Administration Medical Center, Bath, New York

Bath VA food service staffing (FLRA 0-NG-1420): Negotiability petition dismissed

The Bath VA Medical Center planned to change how part-time food service workers were selected for full-time positions. AFGE Local 491 opposed the change and asked for negotiations. It then petitioned the Authority for a negotiability ruling. The Authority found that the union had never submitted…

October 2, 1987 ·FLRA
Procedural
COMM

United States Department of Justice, Bureau of Prisons, Metropolitan Correctional Center, New York, New York and American Federation of Government Employees, Local 3148

New York correctional center employee examination (FLRA 2-CA-60082): Prior order reaffirmed

The Authority had found that the Metropolitan Correctional Center denied an employee's request for union representation during an investigative examination and suspended him for refusing to participate. The agency sought reconsideration after the Authority mistakenly treated its earlier filing as…

October 1, 1987 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 29 and Department of Defense, Headquarters U.S. Military Entrance Processing Command

Military entrance processing agreement (FLRA 0-NG-1366): Two provisions require approval

The agency head disapproved two provisions of a locally negotiated agreement with NFFE Local 29. One kept an official who decided a grievance at one step from deciding the same issue at a later step. The Authority held that the parties could negotiate this feature of a fair grievance process. The…

October 1, 1987 ·FLRA
Set aside
COMM

Quinland Coals, Inc.

Violations affirmed and unwarrantable-failure issue remanded

Quinland Coals operated an underground coal mine where an inspector found inadequate roof support near a seal and an inadequate preshift examination. The Commission affirmed the findings that Quinland violated 30 C.F.R. §§ 75.200 and 75.303 and was negligent regarding the roof-support violation. It…

September 30, 1987 ·FMSHRC
Remanded
COMM

Emerald Mines Corporation

Section 104(d) citation reinstated and remanded

Emerald Mines Corporation was cited after MSHA investigated a reported methane accumulation at its No. 1 Mine. The ALJ had held that a section 104(d)(1) citation could not be issued because the inspector found the violation after the condition had ended, and modified it to a section 104(a)…

September 30, 1987 ·FMSHRC
Remanded

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.