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

Veterans Administration and Veterans Administration Medical Center, Cleveland, Ohio

Cleveland VA employee addresses (FLRA 5-CA-70106): Disclosure ordered

AFGE Local 31 asked the Cleveland Veterans Administration Medical Center for the names and home addresses of employees in its bargaining units. The center refused, citing employee privacy concerns and arguing that local talks about drug testing had not yet begun. The judge found that the addresses…

September 25, 1987 ·FLRA
Upheld
COMM

Department of the Navy, Naval Air Rework Facility, Pensacola, Florida

Pensacola naval facility employee addresses (FLRA 4-CA-70176): Disclosure ordered

AFGE Council 257 asked the Naval Air Rework Facility in Pensacola for bargaining unit employees' names and home addresses. The Navy refused, arguing that the union had not shown a sufficient need, other ways to contact employees were available, and disclosure would invade privacy. The judge applied…

September 25, 1987 ·FLRA
Upheld
COMM

Department of Defense, Department of the Navy, Naval Training Center, Orlando, Florida

Orlando naval training employee addresses (FLRA 4-CA-60694): Disclosure ordered

NFFE Local 1451 requested names and home addresses for employees at the Navy's Orlando training center. The center refused, arguing that the union already had several ways to communicate with employees and that disclosure would invade privacy. The judge found the addresses reasonably available and…

September 25, 1987 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1263 and Defense Language Institute, Presidio of Monterey, California

Defense Language Institute classroom visits (FLRA 0-NG-1377): Policy notice negotiable

NFFE Local 1263 proposed terms for classroom visits used to evaluate teachers at the Defense Language Institute. The Authority found that advance notice of formal visits and a limit of two formal visits per year would interfere with management's choice of how to evaluate work, so those proposals…

September 25, 1987 ·FLRA
Mixed result
COMM

American Federation of Government Employees, AFL-CIO, Local 1458 and U.S. Department of Justice, Office of the U.S. Attorney, Southern District of Florida

Southern District of Florida agreement provisions (FLRA 0-NG-1058): Mixed negotiability ruling

AFGE Local 1458 appealed the agency head's disapproval of 17 provisions in its agreement with the U.S. Attorney's Office for the Southern District of Florida. The Authority found negotiable the provisions on the agreement's relation to agency rules, seniority consideration for training, requests…

September 25, 1987 ·FLRA
Mixed result
COMM

Social Security Administration, New York Regional Office and American Federation of Government Employees, Local 3369

Social Security arbitration reconsideration deadline (FLRA 0-AR-1258): Waiver denied

AFGE Local 3369 sought to reopen an Authority decision involving the Social Security Administration's New York regional office. Its first reconsideration request was late, and it sought a waiver of the deadline. In a renewed request, the union said it had received the decision after a mail delay…

September 25, 1987 ·FLRA
Procedural
COMM

Department of Defense, Defense Criminal Investigative Service; Defense Logistics Agency; and Defense Contract Administration Services Region, New York and American Federation of Government Employees, Local 2567

Defense investigators and union representation (FLRA 2-CA-50351): DCIS violation found

Defense Criminal Investigative Service investigators and local police interviewed two Defense Logistics Agency employees about a reported shooting. Each employee requested a union representative and was refused. The administrative law judge viewed DCIS as separate from the employees' employing…

September 24, 1987 ·FLRA
Mixed result
COMM

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

Fort Rucker agreement provisions (FLRA 0-NG-1210): Limited disapproval rescinded

AFGE Local 1815 appealed the agency head's disapproval of provisions in its Fort Rucker agreement. The Authority rejected the union's claim that the disapproval was served late. It found that a rule concerning union representatives' transfers could be bargained over insofar as its first sentence…

September 24, 1987 ·FLRA
Mixed result
COMM

Allen Park Veterans Administration Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933

Allen Park VA asbestos differential (FLRA 0-AR-1365): Award returned for findings

An arbitrator awarded environmental differential pay to 65 engineering and warehouse employees at the Allen Park VA medical center for asbestos exposure dating back to 1978. The Veterans Administration objected to the arbitrator's premise that any exposure qualified. The Authority held that the pay…

September 24, 1987 ·FLRA
Remanded
ALJ

Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation

Discrimination settlement approved for $16,365

Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation settled James C. Gray, Jr.'s discrimination proceeding. The companies agreed to pay Gray $16,365 and remove references to his discharge from his employment record, while the Secretary waived pre-judgment interest and the…

September 23, 1987 ·Roy J. Maurer ·FMSHRC
Settled
COMM

U.S. Department of Commerce, National Bureau of Standards and Washington Area Metal Trades Council

Bureau of Standards employee addresses (FLRA 3-CA-70340): Disclosure ordered

The Washington Area Metal Trades Council asked the National Bureau of Standards for the names and home addresses of bargaining unit employees. The Bureau refused, arguing that disclosure would invade privacy and that the union had other ways to contact employees. On stipulated facts, the Authority…

September 23, 1987 ·FLRA
Upheld
COMM

438th Air Base Group (MAC), McGuire Air Force Base, New Jersey and American Federation of Government Employees, Local 1778, William G. Baillie, Jr., Local, AFL-CIO

McGuire Air Base discipline notice (FLRA 2-CA-60139): Union bypass violation upheld

After AFGE Local 1778 answered a proposed suspension for a McGuire Air Force Base mechanic, management called the employee into a meeting, told him he did not need a union representative, and delivered a suspension decision only to him. The Authority agreed with the administrative law judge that…

September 23, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, AFL-CIO, Local 1760 and U.S. Department of Health and Human Services, Social Security Administration

Social Security local agreement review (FLRA 0-NG-1426): Petition dismissed

AFGE Local 1760 and a Social Security Administration activity signed a memorandum of understanding on May 28, 1987. The agency disapproved two terms but did not serve the union until July 2, 35 days after execution. Under 5 U.S.C. § 7114(c)(3), the agreement became effective after 30 days without…

September 23, 1987 ·FLRA
Procedural
COMM

American Federation of Government Employees, AFL-CIO, Local 1625 and U.S. Navy Fleet Combat Training Center, Atlantic, Dam Neck, Virginia Beach, Virginia

Dam Neck employee training proposal (FLRA 0-NG-1417): Petition dismissed

AFGE Local 1625 proposed that the Navy make efforts to use employees' skills fully and provide the maximum feasible opportunities for on-the-job and other training. The Authority found that the proposal required job-related training, which is an assignment of work reserved to management. The…

September 23, 1987 ·FLRA
Upheld
COMM

Federal Railroad Administration and American Federation of Government Employees, AFL-CIO, Local 2814

Railroad Administration grievance (FLRA 0-AR-1404): Arbitration exceptions denied

An arbitrator found that the Federal Railroad Administration had not harassed or retaliated against an employee through actions taken from 1984 to 1986. The arbitrator also declined to add a later reduction-in-force notice to the grievance. AFGE Local 2814 challenged the award, arguing that the…

September 23, 1987 ·FLRA
Upheld
ALJ

Utah Power and Light Company

Four citations vacated and proceedings dismissed

Utah Power and Light Company and the Secretary of Labor asked the judge to resolve consolidated civil-penalty and contest proceedings involving four citations at the Deer Creek Mine. The company agreed to the Secretary's motion to vacate the citations. Judge Michael A. Lasher, Jr. granted the…

September 22, 1987 ·Michael A. Lasher, Jr. ·FMSHRC
Citations vacated
COMM

Matter of Egbunine

Marriage during proceedings barred adjustment

The Board dismissed a Nigerian respondent's appeal from denial of his motion to reopen deportation proceedings. The respondent married a United States citizen after an Order to Show Cause had been filed and sought adjustment of status based on that marriage. The Board held that a marriage entered…

September 22, 1987 ·BIA
Procedural
COMM

Matter of Pula

Asylum granted after balancing entry circumstances

The Board reviewed an Albanian-born applicant's appeal from the denial of asylum and the Service's appeal from the grant of withholding of deportation to Yugoslavia. It found the applicant credible and concluded that his repeated detention and abuse by Yugoslav police established eligibility for…

September 22, 1987 ·BIA
Other
COMM

Department of Health and Human Services, Region IV, Atlanta, Georgia and National Treasury Employees Union

Atlanta HHS employee addresses (FLRA 4-CA-70193): Disclosure order adopted

The National Treasury Employees Union asked HHS Region IV in Atlanta for the names and home addresses of represented employees. HHS refused and argued that alternative means of communication created a factual issue preventing summary judgment. The judge applied the Authority's Farmers Home ruling…

September 22, 1987 ·FLRA
Upheld
COMM

Naval Air Rework Facility, Norfolk, Virginia and Local Lodge 39, International Association of Machinists and Aerospace Workers, AFL-CIO

Norfolk naval facility employee addresses (FLRA 34-CA-70352): Disclosure ordered

Local Lodge 39 requested the names and home addresses of employees it represented at the Norfolk Naval Air Rework Facility. The facility refused, citing the Privacy Act, disputed need, and other ways to contact employees. On stipulated facts, the Authority applied its Farmers Home ruling and held…

September 22, 1987 ·FLRA
Upheld
COMM

Department of the Air Force, Air Force Contract Management Division, Detachment 45, Baltimore, Maryland and National Federation of Federal Employees, Local 1624

Baltimore Air Force employee addresses (FLRA 3-CA-70297): Disclosure ordered

NFFE Local 1624 requested names and home addresses for about 143 bargaining unit employees at the Air Force's Baltimore locations. The detachment refused, raising privacy concerns and arguing that its records were split among offices and lacked a single automated list with bargaining status. The…

September 22, 1987 ·FLRA
Upheld
COMM

National Weather Service and National Oceanic and Atmospheric Administration and National Weather Service Employees Organization, affiliated with MEBA, AFL-CIO

Weather Service employee addresses (FLRA 3-CA-60561, 3-CA-70180): NOAA violation found

The National Weather Service Employees Organization sought names and home addresses for represented employees. The Weather Service initially asked personnel support centers to send the data, but NOAA instructed the centers to withhold it on privacy grounds. The judge found that NOAA's instruction…

September 22, 1987 ·FLRA
Modified
COMM

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

Newport naval center employee addresses (FLRA 1-CA-60235): Disclosure ordered

The Federal Union of Scientists and Engineers, NAGE Local R1-144, requested names and home addresses of represented employees at the Naval Underwater Systems Center in Newport. The center refused. An administrative law judge found the refusal violated the labor statute's information disclosure…

September 22, 1987 ·FLRA
Upheld
COMM

National Treasury Employees Union and Department of Health and Human Services, Family Support Administration

Family Support Administration office selection (FLRA 0-NG-1384): Bargaining ordered

The National Treasury Employees Union proposed that employees choose offices by federal service seniority and choose their office mates if sharing. The Family Support Administration argued that office assignments were part of its work methods and assignment of work. The union agreed to apply the…

September 22, 1987 ·FLRA
Set aside
COMM

Air Force Logistics Command, Robins Air Force Base and American Federation of Government Employees, Local 987

Robins Air Force Base suspension (FLRA 0-AR-1394): Exceptions denied

An arbitrator found just cause for a 14-day suspension of a Robins Air Force Base employee who left work early or without permission and failed to return on another day. AFGE Local 987 argued that the award rested on a factual mistake and conflicted with the collective bargaining agreement. The…

September 22, 1987 ·FLRA
Upheld
ALJ

Freeman United Coal Mining Company

Ventilation violation affirmed with $200 penalty

Freeman United Coal Mining Company was cited after an MSHA inspection found inadequate airflow at the end of a line curtain in the gassy Orient No. 6 Mine. Judge John J. Morris found that the company violated its approved ventilation plan by operating with 1,662 cubic feet per minute of air where…

September 21, 1987 ·John J. Morris ·FMSHRC
Citations affirmed
COMM

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

Pennsylvania Guard military education proposals (FLRA 0-NG-1382): Petition dismissed

The Association of Civilian Technicians proposed exemptions, counseling, scheduling choices, pay status options, benefits protection, and procedures for Pennsylvania Guard technicians attending the Military Education Program. The Authority found the proposals virtually identical to those in a…

September 21, 1987 ·FLRA
Upheld
COMM

Delaware Chapter, Association of Civilian Technicians and Delaware National Guard

Delaware Guard military education proposals (FLRA 0-NG-1381): Petition dismissed

The Delaware Chapter of the Association of Civilian Technicians proposed exemptions, counseling, scheduling choices, pay status options, pay and benefits protection, and problem-resolution procedures for technicians attending the Military Education Program. The Authority found that the program…

September 21, 1987 ·FLRA
Upheld
COMM

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

IRS travel and appraisal proposals (FLRA 0-NG-1378): Mixed negotiability ruling

The National Treasury Employees Union proposed travel and per diem payments for union officials traveling on official time, and a choice for employees on long temporary assignments to reuse a previous appraisal or delay a new one. The Authority held the travel proposal negotiable: the IRS had not…

September 21, 1987 ·FLRA
Mixed result
COMM

Naval Station Mare Island and International Association of Firefighters, Local F-48

Mare Island firefighter shift trades (FLRA 0-AR-1360): Exception denied

Firefighters at Naval Station Mare Island sought to trade duty time over periods as long as a year under their labor agreement. The arbitrator found that a Department of Labor regulation on trading time applied to state and local employees, while federal firefighters were subject to personnel…

September 21, 1987 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Settlement approved and contest dismissed

Consolidation Coal Company was cited at the Loveridge No. 22 Mine for accumulations of float coal dust along a conveyor belt haulage entry, in alleged violation of 30 C.F.R. § 75.400, with a proposed civil penalty of $750. The company contested the order, and the penalty and contest proceedings…

September 18, 1987 ·George A. Koutras ·FMSHRC
Settled
ALJ

Nacco Mining Company

Supplemental compensation awarded and prior decision made final

Local Union 1810, District 6, of the United Mine Workers of America sought compensation for miners idled by a modification of a section 104(d)(2) order at Nacco Mining Company's Powhatan No. 6 Mine. An earlier decision held that the union was entitled to the claimed compensation and left the amount…

September 18, 1987 ·William Fauver ·FMSHRC
Other
COMM

Veterans Administration, Washington, D.C., and Veterans Administration Medical Center, Kansas City, Missouri and American Federation of Government Employees, AFL-CIO, Local 2663

Kansas City VA employee addresses (FLRA 7-CA-70489): Disclosure ordered

AFGE Local 2663 requested the names and home addresses of bargaining unit employees at the Kansas City VA medical center. The Veterans Administration and the center refused. An administrative law judge granted summary judgment for the General Counsel and found an unfair labor practice. The…

September 18, 1987 ·FLRA
Upheld
COMM

Portsmouth Naval Hospital, Portsmouth, Virginia and American Federation of Government Employees, Local 22

Portsmouth naval hospital addresses (FLRA 34-CA-70288): Disclosure order reaffirmed

The Authority had originally treated Portsmouth Naval Hospital's brief as late when deciding AFGE Local 22's employee address request. The hospital showed that it had mailed the brief on time, and the Authority found extraordinary circumstances warranting reconsideration. It considered the…

September 18, 1987 ·FLRA
Upheld
COMM

Department of the Navy and Washington Navy Yard and Washington Area Metal Trades Council, AFL-CIO

Washington Navy Yard employee addresses (FLRA 3-CA-70248): Yard violation found

The Washington Area Metal Trades Council requested employee names and home addresses from the Washington Navy Yard. The Yard refused, citing the Department of the Navy's view that disclosure was unlawful. Applying its Farmers Home ruling, the Authority found that the Yard had to provide the data…

September 18, 1987 ·FLRA
Mixed result
COMM

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

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

The Social Security Administration ended hand delivery of paychecks at work. An arbitrator found that the change violated the national agreement and required the agency to offer direct deposit, mailing to a nonwork address, or mailing to the work site chosen by an employee. The arbitrator rejected…

September 18, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 916, AFL-CIO; U.S. Department of Defense, Department of the Air Force, Air Force Logistics Command, Oklahoma City Air Logistics Center, Tinker Air Force Base; and Donna M. De Giusti

Tinker union dues and representation (FLRA 6-CO-60015): Coercion finding adopted

Donna De Giusti sought union help with a grievance at Tinker Air Force Base. A union steward's statements created the impression that she would receive better representation if she joined AFGE Local 916 and signed a dues deduction form. She did so, then sought to revoke the authorization. The…

September 16, 1987 ·FLRA
Modified
COMM

Internal Revenue Service, Midwest Region and National Treasury Employees Union, Chapter 10

IRS appeals officer bar review course (FLRA 0-AR-1306): Reimbursement award upheld

An IRS appeals officer sought reimbursement for a $690 bar review course. The arbitrator found half the course directly related to his current work, while bar admission was not a condition of that job, and ordered $345 in reimbursement under the national agreement. The IRS argued that the…

September 16, 1987 ·FLRA
Upheld
COMM

Department of the Navy and Pensacola Commissary Store Region, Pensacola, Florida and American Federation of Government Employees, Local 1960, AFL-CIO

Pensacola commissary employee addresses (FLRA 4-CA-70124): Activity violation upheld

AFGE Local 1960 requested the names and home addresses of employees it represented at the Pensacola Commissary Store Region. The activity refused, arguing that privacy law barred release, the union did not need the information, and other communication methods were available. The judge rejected…

September 15, 1987 ·FLRA
Upheld
COMM

Association of Civilian Technicians, Columbine Council and The Adjutant General, Colorado

Colorado Guard appraisal board (FLRA 0-NG-1408): Union seat proposal dismissed

The Association of Civilian Technicians proposed a union seat on the Colorado National Guard's impartial board for employee performance appraisal appeals. The Authority found that the board's review and recommendations were part of management's process for directing employees and assigning work…

September 15, 1987 ·FLRA
Upheld
COMM

Office of Hearings and Appeals, Social Security Administration and American Federation of Government Employees, Local 1760, AFL-CIO

Social Security hearing assistant discipline (FLRA 0-AR-1399): Reduced suspension upheld

A Social Security hearing assistant refused to accept a reprimand notice and another document without a union representative present. The agency suspended her for five days. The arbitrator found insubordination but no abusive or disruptive conduct, and reduced the suspension to one day. AFGE Local…

September 15, 1987 ·FLRA
Upheld
COMM

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

Leavenworth VA grievance response deadline (FLRA 0-AR-1382): Exceptions denied

AFGE Local 85 argued that the Leavenworth VA medical center missed contractual deadlines for third-step decisions on three grievances and that the grievants should therefore prevail. An arbitrator found two decisions arrived on time and one arrived one day late without prejudice; the union still…

September 15, 1987 ·FLRA
Upheld
COMM

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

Social Security 20-day suspension award (FLRA 0-AR-1378): Exceptions dismissed

An arbitrator, after a court remand, found that a Social Security union official's 20-workday suspension lacked just cause and ordered restoration of pay and benefits and removal of the suspension from his records. The union sought Authority review concerning other employees' official time and…

September 15, 1987 ·FLRA
Procedural
COMM

Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO, Local 3231

Social Security performance appraisal (FLRA 0-AR-1335): Rating remedy modified

An arbitrator found that the Social Security Administration had improperly applied performance standards to four of an employee's job tasks. He assigned higher ratings and changed her summary appraisal to “Excellent.” The Authority majority agreed that the appraisal could be challenged but held…

September 15, 1987 ·FLRA
Modified
COMM

Department of the Air Force, 92d Combat Support Group, Fairchild Air Force Base, Washington and National Federation of Federal Employees, Local 11, Independent

Fairchild Air Base employee addresses (FLRA 9-CA-70198): Disclosure ordered

NFFE Local 11 requested names and home addresses for roughly 417 employees at Fairchild Air Force Base. The Air Force refused, arguing that privacy law and alternative contact methods prevented release. It also argued that the data were not reasonably available because payroll records contained…

September 14, 1987 ·FLRA
Upheld
COMM

U.S. Army Missile Command and American Federation of Government Employees, AFL-CIO, Local 1858

Army Missile Command removal award (FLRA 0-AR-1287): Reconsideration denied

The Authority had dismissed both parties' exceptions to an arbitration award because the award concerned an employee's removal for unacceptable performance, a matter excluded from its exception jurisdiction under 5 U.S.C. § 7122(a). The Army argued on reconsideration that the grievance concerned…

September 14, 1987 ·FLRA
Procedural
ALJ

Monterey Coal Company

Clerical corrections issued to amended discrimination decision

Judge Gary Melick issued this order in Paula L. Price's discrimination proceeding against Monterey Coal Company. The order states that the attached amended decision was reissued under Commission Rule 65(c), 29 C.F.R. § 2700.65(c), to correct clerical mistakes in the decision issued on September 3…

September 10, 1987 ·Gary Melick ·FMSHRC
Procedural
ALJ

Monterey Coal Company

Discrimination complaint dismissed for lack of jurisdiction

Paula L. Price complained that Monterey Coal Company discriminated against her after suspending her for refusing to wear metatarsal safety boots that she said did not fit, caused foot injuries, and created a safety hazard. The Secretary told Price that her complaint had been satisfied and that no…

September 10, 1987 ·Gary Melick ·FMSHRC
Procedural
COMM

Overseas Education Association and Department of Defense Dependents Schools

Overseas schools activity funds (FLRA 0-NG-1225): Two proposals negotiable

The Overseas Education Association challenged a regulation assigning school employees duties on student activity fund councils. The Authority held nonnegotiable a proposal making council participation voluntary and normally within the duty day, because it restricted assignment of work. It also…

September 10, 1987 ·FLRA
Mixed result
ALJ

Neil Sprague

Settlement approved, citation affirmed, and withdrawal order vacated

MSHA cited Neil Sprague for failing to provide an elevated haulage road at the Trupp Quarry and later issued a withdrawal order because the berm was not built within the allowed time. The parties settled after preparation for hearing showed that adverse weather had caused the delay. Judge Michael…

September 8, 1987 ·Michael A. Lasher, Jr. ·FMSHRC
Mixed result
ALJ

Dee Gold Mining Company

Discrimination complaint dismissed

George A. Jones alleged that Dee Gold Mining Company laid him off because he engaged in protected safety activities, including complaints about grinding shields, respirators, chemical hazards, and the mine's ball-mill lockout procedure. Judge Michael A. Lasher found that Jones engaged in protected…

September 8, 1987 ·Michael A. Lasher, Jr. ·FMSHRC
Other
COMM

U.S. Department of Defense, Department of the Air Force and Department of the Air Force, Carswell Air Force Base, Texas and American Federation of Government Employees, AFL-CIO, Local 1364

Carswell Air Base employee addresses (FLRA 6-CA-70108): Base violation upheld

AFGE Local 1364 requested the names and home addresses of represented employees at Carswell Air Force Base. An administrative law judge found that the base's refusal violated the labor statute, while the higher-level Air Force respondent committed no separate violation. The Authority reviewed the…

September 4, 1987 ·FLRA
Upheld
COMM

Department of the Air Force, Columbus Air Force Base, Mississippi; Federal Firefighters Association, Independent, Local 57; and National Federation of Federal Employees, Local 1296

Columbus Air Base firefighter unit (FLRA 4-RO-70019): Review denied

The Federal Firefighters Association sought a separate bargaining unit for firefighters at Columbus Air Force Base. They had long been part of a base-wide unit represented by NFFE Local 1296. The regional director found the established unit remained appropriate and no unusual circumstances…

September 4, 1987 ·FLRA
Upheld
COMM

Fort Bragg Association of Educators, National Education Association, Fort Bragg, North Carolina and Fort Bragg Department of Defense Dependents Schools

Fort Bragg teachers' lawsuit representation (FLRA 4-CO-60004): Complaint dismissed

The Fort Bragg teachers' union told employees that dues-paying members would be included without a separate fee in a planned lawsuit about their status as federal employees, while nonmembers would need to pay to participate. An administrative law judge found this discriminated against nonmembers…

September 4, 1987 ·FLRA
Set aside
COMM

Overseas Education Association and Department of Defense, Office of Dependents Schools

Dependents Schools interest arbitration terms (FLRA 0-NG-1166): Petition dismissed

An interest arbitrator directed the Overseas Education Association and the Department of Defense Dependents Schools to adopt disputed agreement provisions. The agency challenged six provisions by filing arbitration exceptions and also purported to disapprove seven through agency head review under 5…

September 4, 1987 ·FLRA
Procedural
COMM

Department of Defense, Office of Dependents Schools and Overseas Education Association

Dependents Schools agreement award (FLRA 0-AR-976): Provisions removed

An interest arbitrator directed the Department of Defense Dependents Schools and the Overseas Education Association to include disputed terms in a new agreement. On agency exceptions, the Authority removed the teacher certification article because the arbitrator had resolved a duty-to-bargain…

September 4, 1987 ·FLRA
Modified
COMM

Matter of Aurelio

Visa waiver denial upheld after petitioner's death

The Board reviewed a family's exclusion case after the principal applicant's father died before the family's immigrant visas were issued. The visa petition was automatically revoked, and the immigration judge denied a waiver because the principal applicant knew of the death but did not use…

September 1, 1987 ·BIA
Affirmed
COMM

American Federation of Government Employees, AFL-CIO and Social Security Administration

SSA union mail envelopes (FLRA O-AR-1391): Postage exception denied

AFGE and the Social Security Administration arbitrated whether the union could use government postage-paid envelopes for labor relations business. The arbitrator found no such right in their national agreement or an established past practice. The union argued that the award misread the agreement…

August 31, 1987 ·FLRA
Upheld
ALJ

Con-Ag, Incorporated

Penalty proceedings consolidated and dismissed after payment agreement

Con-Ag, Incorporated, Robert E. Hirschfield, and Lee Kuck were respondents in three civil penalty proceedings. Judge Avram Weisberger granted the unopposed motion to consolidate the cases in the interest of justice. The parties then moved to terminate the proceedings after agreeing that all…

August 31, 1987 ·Avram Weisberger ·FMSHRC
Settled
ALJ

Big Elk Creek Coal Company

Discrimination proceeding dismissed after settlement

Little Shepherd brought a discrimination proceeding against Big Elk Creek Coal Company. The parties and their attorneys signed an agreed order on August 27, 1987, setting out the settlement terms that resolved the matter. Judge Avram Weisberger approved the settlement, ordered the parties to comply…

August 31, 1987 ·Avram Weisberger ·FMSHRC
Settled

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.