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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GEX Hardy, Inc.
Discrimination complaint withdrawn and dismissed
William C. Fankhauser asked to withdraw his discrimination complaint against GEX Hardy, Inc. after consulting an attorney and stating that there had been no incidents involving safety or health violations. Judge Gary Melick granted permission to withdraw the complaint, dismissed the case, and…
Pearl Harbor Naval Shipyard Restaurant System, SEIU Local 556, and Hawaii Federal Employees Metal Trades Council
Pearl Harbor shipyard restaurant election petition (FLRA 98-RO-60012): Untimely petition dismissed
SEIU Local 556 sought an election among employees of the Pearl Harbor Naval Shipyard Restaurant System, although the Hawaii Federal Employees Metal Trades Council was their recognized bargaining representative. SEIU argued that disputes within the council created a schism that allowed an election…
Veterans Administration Medical Center, Leavenworth, Kansas and AFGE Local 85
Leavenworth VA Medical Center and AFGE Local 85 (FLRA 7-CU-70003): Unit review denied
AFGE Local 85 asked the Authority to review a regional director's decision on a petition to clarify the bargaining unit at the Veterans Administration Medical Center in Leavenworth, Kansas. The union argued that compelling reasons justified review. The Authority found that the application merely…
Clinchfield Coal Company
One-week miner compensation awarded on remand
Following an underground explosion at the McClure No. 1 Mine, MSHA issued an imminent-danger withdrawal order and later cited underlying mandatory-standard violations. On remand, Judge Gary Melick held that the parties' stipulation established the required connection between the withdrawal order…
Rushton Mining Company
Rule 11 cost request denied on remand
Rushton Mining sought reimbursement of litigation costs and attorney fees after the Secretary withdrew a civil-penalty petition and the related withdrawal order was vacated. On remand from the Commission, Judge James A. Broderick considered whether Federal Rule of Civil Procedure 11 could support…
AFGE Local 1760 and Department of Health and Human Services, Social Security Administration
SSA reassignment agreement (FLRA O-NG-1181): Six provisions approved, performance shield rejected
AFGE Local 1760 appealed the Social Security Administration's disapproval of local agreement provisions governing employee transfers and reassignments. The Authority found that vacancy consideration, volunteer selection, seniority rules, and a pause while grievances were resolved were negotiable…
Long Beach Naval Shipyard and AFGE Local 2237
Employee address list ordered
AFGE Local 2237 asked the Long Beach Naval Shipyard for the names and home addresses of employees in its bargaining unit. The shipyard refused, arguing that the Privacy Act barred disclosure and that the union had other ways to reach employees. The parties agreed that the shipyard normally…
831 Combat Support Group, George Air Force Base and NFFE Local 977
George Air Force Base and NFFE Local 977 (FLRA 8-CA-60255): Appropriated-fund employee list ordered
NFFE Local 977 requested names and home addresses of employees it represented at George Air Force Base, then narrowed its request to the appropriated-fund unit so it could communicate with everyone about contract negotiations. The base offered names and duty locations but refused home addresses…
Army and Air Force Exchange Service, Fort Riley and AFGE Local 2324
Fort Riley exchange service and AFGE Local 2324 (FLRA 7-CA-70202): Unit employee list ordered
AFGE Local 2324 asked the Army and Air Force Exchange Service for a complete list of the names and home addresses of employees in its bargaining unit at Fort Riley. The exchange service refused, leading to an unfair labor practice complaint. An ALJ granted the General Counsel's motion for summary…
Veterans Administration, Sioux Falls Medical and Regional Office Center, and AFGE Locals 1509 and 3832
Sioux Falls VA and AFGE locals (FLRA 7-CA-70191(1), 7-CA-70197): Employee address lists ordered
Two AFGE locals representing employees at the Veterans Administration's Sioux Falls medical and regional office center asked for the names and home addresses of employees in their units. The VA refused, arguing that the Privacy Act barred disclosure and that the unions had other ways to contact…
Veterans Administration, Wichita Medical and Regional Office Center, and AFGE Local 477
Wichita VA and AFGE Local 477 (FLRA 7-CA-70150): Bargaining-unit address list ordered
AFGE Local 477 requested a complete list of bargaining-unit employees' names and home addresses at the Veterans Administration's Wichita medical and regional office center. The VA refused and argued that the Privacy Act prohibited disclosure and that the union had adequate alternative ways to…
Defense Logistics Agency, Defense General Supply Center, Richmond, Virginia and AFGE Local 2047
Richmond supply center and AFGE Local 2047 (FLRA 34-CA-50359): Refusal to honor impasse award was unlawful
AFGE Local 2047 and the Richmond Defense General Supply Center reached an impasse over whether job announcements for certain positions would disclose crediting-plan benchmarks. A mediator-arbitrator ordered language requiring disclosure for unique positions with locally developed plans, but the…
Veterans Administration Medical Center, Fort Howard, Maryland and AFGE Local 2146
Fort Howard VA Medical Center and AFGE Local 2146 (FLRA 3-CA-70181): Employee address list required
AFGE Local 2146 requested home addresses for employees in its bargaining unit at the Veterans Administration Medical Center in Fort Howard, Maryland. The medical center refused, although the parties agreed that it normally kept the information and could reasonably provide it. The center argued that…
AFGE Local 1409 and Army Adjutant General Publications Center, Baltimore
Baltimore Army publications center (FLRA 0-NG-1336): Performance standard clause negotiable in part
AFGE Local 1409 challenged the Army's rejection of locally negotiated language on performance appraisals and work assignments at its Baltimore publications center. A majority found that a general requirement for objective performance standards was negotiable because it could be used to review how…
Antilles Consolidated Education Association and Navy Antilles Consolidated School System
Antilles school agreement (FLRA 0-NG-1272): Late agency disapproval leaves agreement effective
The Antilles Consolidated Education Association negotiated an agreement with the Navy's Antilles school system, and union members ratified it. The Navy notified the school superintendent of disapproval, but its written notice was not delivered to the union until April 28, 1986, more than 30 days…
Warner Robins Air Logistics Center and AFGE Local 987
Reprimand award upheld
An employee repairing an airplane aileron at Warner Robins Air Logistics Center was reprimanded after a quality audit found that required procedures had not been followed. An arbitrator found that she was responsible for the discrepancies and had not been singled out for an audit, so he upheld the…
Defense Logistics Agency, Defense Depot Mechanicsburg and Mechanicsburg Federal Employees Local 1170
Mechanicsburg depot forklift operator (FLRA 0-AR-1299): Reinstatement award upheld
A Defense Depot Mechanicsburg warehouse worker lost vision in one eye while away from work for a job-related back injury. The depot would not return him to his forklift duties and placed him in a different job. An arbitrator found that the physical standard for his classified warehouse-worker…
Big Elk Creek Coal Co., Inc.
Discriminatory discharge found, relief to follow
Arnold Sharp, a rock-truck driver and auger worker at Big Elk Creek's surface coal mine, repeatedly complained about unsafe equipment and was discharged after a truck collision. Judge William Fauver found that the company and its supervisors were motivated at least in part by those safety…
Kaiser Sand & Gravel Company
Tail-pulley citation modified to non-S&S
Kaiser Sand & Gravel was cited after an inspector found that plywood was not securely guarding a conveyor tail pulley at the Santa Margarita Quarry. Judge August F. Cetti found that the guarding standard was violated, but that the evidence did not show a reasonable likelihood of injury, so the…
AFGE Locals 696 and 2010 and Navy Naval Supply Center, Jacksonville
Jacksonville Naval Supply Center and AFGE locals (FLRA O-NG-1415): Hours-of-work appeal dismissed
AFGE Locals 696 and 2010 proposed terms concerning hours of work at the Navy's Jacksonville Naval Supply Center. The local activity declared the proposal nonnegotiable on June 10, 1987, and the union filed an appeal asking the Authority to decide whether bargaining was required. The Navy then…
Metric Constructors, Inc.
Motion to dismiss discrimination complaint denied
Metric Constructors argued that Brian S. Ousley's discrimination complaint was too late and that the Secretary's delay had prejudiced the company. Judge Avram Weisberger found that the complaint stated a non-frivolous claim, that the Secretary had some explanation for the delay, and that the…
Mathies Coal Company
Battery-charger settlement approved at $50
Mathies Coal Company faced a proposed $126 penalty for inadequate ventilation of a battery charger. The charger was out of service and not energized, and it was located in a fireproof enclosure with a fire extinguisher and electrical protection. Judge James A. Broderick approved the parties'…
National Treasury Employees Union and Internal Revenue Service
NTEU and IRS office examinations (FLRA O-NG-810): Union representatives' location proposal negotiable
NTEU proposed that chapter presidents and stewards assigned to IRS employee-plan field examinations get the first chance to perform office or correspondence examinations before volunteers were sought, unless there was just cause otherwise. The union said office work would make representatives…
Green Ridge Mining, Inc.
Discrimination settlement dismissed with prejudice
The Secretary and Green Ridge Mining, Inc. reached a settlement of Mark R. Kraus's discrimination complaint and application for reinstatement. Judge Avram Weisberger approved the parties' consent agreement by dismissing both matters with prejudice.
Intercontinental Chemical Corporation
Hazard communication cases closed by settlement and withdrawal
Intercontinental Chemical faced consolidated hazard communication cases involving material safety data sheets, labels, and trade-secret ingredient disclosures. The parties settled all items in docket 86-0388, with the other-than-serious citation affirmed without penalties. In docket 86-0535, the…
Veterans Administration Medical Center, Iron Mountain, Michigan and AFGE Local 2280
Iron Mountain VA Medical Center and AFGE Local 2280 (FLRA 5-CA-70120): Employee list ordered
AFGE Local 2280, acting for the exclusive representative, twice asked the Iron Mountain Veterans Administration Medical Center for names and home addresses of employees in its bargaining unit. The medical center declined, arguing through incorporated briefs that the Privacy Act barred disclosure…
Navy Northern Division, Naval Facilities Engineering Command and NFFE Local 1430
Navy incentive award committee (FLRA 2-CA-1091): Reconsideration denied
An earlier Authority order found that the Navy had unlawfully changed the functions of an incentive award committee on which NFFE Local 1430 had an observer role. The Navy asked the Authority to remove Outstanding Performance Ratings from the remedial order, arguing that committee involvement with…
Helvetia Coal Company
Task-training settlement approved at $605
Helvetia Coal Company faced ten citations after assigning miners to move equipment under energized trolley wire without specific task training or instruction. Judge Paul Merlin approved a settlement reducing the total penalties from $1,000 to $605, based in part on a genuine disagreement about when…
AFGE Local 491 and Veterans Administration Medical Center, Bath, New York
Bath VA Medical Center work schedules (FLRA O-NG-1375): Late negotiability appeal dismissed
AFGE Local 491 disputed the Bath Veterans Administration Medical Center's claim that work-schedule proposals were outside the duty to bargain. A December 3, 1986 settlement agreement gave the union 15 days to appeal that claim, but its first appeal arrived on December 22, after the deadline, and…
Patent Office Professional Association and Patent and Trademark Office
Patent Office agreement provisions (FLRA O-NG-1296): Agency-head disapproval appeal dismissed
The Patent Office Professional Association and the Patent and Trademark Office reached an impasse over a basic agreement. A Panel-directed arbitrator ordered the parties to adopt fifteen disputed provisions, and neither side filed exceptions to that award. The agency head later declared the…
Patent Office Professional Association and Patent and Trademark Office
Patent Office arbitrated agreement terms (FLRA O-NG-1287): Negotiability appeal dismissed
The Patent Office Professional Association and the Patent and Trademark Office sent an impasse over a basic agreement to Panel-directed arbitration. The arbitrator ordered the parties to adopt three provisions, and the agency head then declared them nonnegotiable. The agency had also filed…
USDA Food and Nutrition Service, Western Region and National Treasury Employees Union
USDA Food and Nutrition Service agreement (FLRA O-NG-1153): Arbitration provisions outside agency-head review
The USDA Food and Nutrition Service and NTEU reached an impasse over a master agreement, and a Panel-authorized arbitrator directed them to include nine disputed provisions. Neither side filed exceptions to the interest-arbitration award. The agency head later declared those provisions outside the…
U.S. Army Missile Command and AFGE Local 1858
Army Missile Command performance removal (FLRA O-AR-1287): Arbitration exceptions dismissed
An Army Missile Command employee challenged an unsatisfactory performance rating and was later removed for unacceptable performance. An arbitrator changed the rating to fully successful, ordered reinstatement with backpay, and denied attorney fees. The agency challenged the rating and…
Navy Naval Communications Station Stockton and AFGE Local 2029
Stockton Naval Communications Station and AFGE Local 2029 (FLRA 9-CA-70140): Employee addresses ordered
AFGE Local 2029 requested names and home addresses for nonprofessional employees it represented at Naval Communications Station Stockton. The Navy refused, arguing that disclosure would invade employee privacy and was barred by the Privacy Act. The parties agreed that the requested information was…
Navy Naval Air Station Moffett Field and NFFE Local 759
Moffett Field Naval Air Station and NFFE Local 759 (FLRA 9-CA-70091): Employee addresses ordered
NFFE Local 759 asked Naval Air Station Moffett Field for the names and home addresses of employees in its bargaining unit. The Navy refused, citing the Privacy Act and an older Federal Personnel Manual appendix that it said discouraged disclosure. The parties agreed that the information was…
U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management and AFGE National Council of Field Labor Locals
Labor Department notice remedy (FLRA 4-CA-50152): Reconsideration and stay denied
An earlier Authority order found that the Labor Department had unlawfully refused to provide information requested by the AFGE National Council of Field Labor Locals. That order required a notice signed by the Assistant Secretary for Administration and Management and posted in the department's…
Internal Revenue Service and National Treasury Employees Union
IRS bargaining travel expenses (FLRA 3-CA-70071): Refusal to bargain was unlawful
NTEU proposed that the IRS pay travel and per diem expenses for employee negotiators in midterm bargaining. The IRS declared the proposal nonnegotiable, even while acknowledging that the Authority had already found an identical IRS proposal negotiable. It asked the Authority to wait for a court…
Mather Air Force Base and AFGE Local 1692
Mather Air Force Base plating shop (FLRA 0-AR-1321): Environmental pay award upheld
AFGE Local 1692 sought an eight percent environmental pay differential for employees handling toxic chemicals in a Mather Air Force Base cleaning and plating shop. An earlier arbitrator had denied the differential after finding that protective devices and safety measures practically eliminated the…
Virginia Lime Company
Discrimination settlement dismissed with prejudice
Ernest R. Lafon, Jr. and Virginia Lime Company settled all matters in a discrimination proceeding before the Commission. Counsel for both sides endorsed the settlement and requested dismissal. Judge Avram Weisberger granted that request and ordered the case dismissed with prejudice.
White County Coal Corporation
Settlement approved at $900
White County Coal Corporation settled a civil-penalty proceeding and a related contest of a citation at the Pattiki and No. 1 mines. Judge William Fauver found the proposed settlement consistent with the statutory penalty criteria, approved it, and ordered the operator to pay $900 within 30 days…
Nacco Mining Company
Road-grader settlement approved at $7,500
Nacco Mining Company faced four citations after a road grader overturned at the Powhatan No. 6 Mine and injured its operator. Judge Paul Merlin approved settlements totaling $7,500, down from the original $9,000, for violations involving rollover protection, roadway berms or guards, seat belts, and…
Energy Supply, Incorporated/Donray Industries, Incorporated
Penalty and miner compensation ordered
Energy Supply and Donray Industries used a Ford truck with an inoperable engine and differential as a platform for a drill rig and moved it around the Mack Mine with a bulldozer. Judge Avram Weisberger found a violation of 30 C.F.R. § 77.404(a), but not significant and substantial, and found…
Consolidation Coal Company
Eight fire-program citations affirmed
Consolidation Coal Company operated the eight underground coal mines named in the decision. MSHA cited each mine after finding that its approved fire-fighting and evacuation programs were outdated and that the operator was not using an approved program to train miners. Judge Roy J. Maurer found…
Dover Elevator Company
Settlement approved and $58 assessed
Dover Elevator Company faced a civil penalty proceeding over an alleged violation of the mine safety standard for guarding moving machinery. The Secretary sought a $58 penalty for Citation No. 2584200, issued at the Rock Lick Preparation Plant. The company agreed to pay the full proposed penalty…
Jim Walter Resources, Inc.
Contest dismissed after order vacated
Jim Walter Resources, Inc. contested Order No. 2605648 concerning its No. 3 Mine. After a Commission decision in a related case, MSHA vacated the order. The operator withdrew its request for a hearing, and Judge Paul Merlin dismissed the contest.
Perry Drilling Company
Penalty proceeding dismissed after payment
Perry Drilling Company was the respondent in a civil penalty proceeding involving the Smith Mine. The operator informed the Commission that the assessed penalty had been paid, and the Secretary confirmed the payment. Judge Paul Merlin dismissed the case.
County of Ouray, Colorado
Citations and penalties affirmed
County of Ouray, Colorado operated a county gravel pit and was cited in three consolidated proceedings. The citations concerned an unnotified fatal accident, dangerous highwall conditions, highwall-control procedures, communication equipment, and an employee working alone. Judge John J. Morris…
Brent Coal Corporation
Discrimination complaint dismissed
Alvin Casey claimed that Brent Coal Corporation laid him off because he refused to work under unsafe conditions. Judge James A. Broderick found that Casey's initial refusal to work before a seal was constructed was protected activity, but that Casey later quit after disputes about pay and a…
Local Union 1889, UMWA v. Westmoreland Coal Company
Discovery rulings reversed in part and case remanded
This compensation proceeding arose from litigation involving a mine explosion and an imminent-danger order at Westmoreland Coal Company's mine. On interlocutory review, the Commission held that individual miner claimants were parties rather than mere witnesses, so they were not entitled to witness…
Smith v. Reco, Inc.
Discrimination dismissal affirmed
Dillard and Lonnie Smith serviced mine batteries for Reco, Inc. and sometimes worked underground. They refused an underground assignment because they believed their required training was inadequate, but they did not tell Reco that this was the reason for refusing the work. The Commission held that…
Florence Mining Company
Hoist shutdown violation affirmed and $400 assessed
Florence Mining Company removed its approved emergency hoist from service for about five and one-half hours while miners were underground so the hoist rope could be replaced. Judge William Fauver found that the approved escape facilities plan and 30 C.F.R. § 75.1704 required the hoist to remain…
National Treasury Employees Union and Internal Revenue Service
IRS contracting-out grievances (FLRA O-NG-1350): Two proposals found negotiable
NTEU proposed using the parties' grievance and arbitration process to challenge whether IRS contracting-out actions followed applicable rules. It also proposed delaying contract awards until grievances over a contracting-out decision's impact and implementation were resolved. The IRS argued that…
AFGE National Council of SSA Field Operations Locals and Social Security Administration Field Operations
SSA field operations agreement (FLRA O-NG-1298): Agency-head review appeal dismissed
The AFGE council and Social Security Administration field operations sent a supplemental-agreement impasse to Panel-directed arbitration. The agency head disapproved two resulting provisions, one addressing implementation and reopening of agreement terms and another addressing pregnant…
NFFE Local 1994 and Military Entrance Processing Station, Boston
Boston military processing station agreement (FLRA O-NG-1130): Emergency safety clause approved
NFFE Local 1994 challenged the Military Entrance Processing Station's disapproval of three negotiated provisions. The Authority found that restricting cancellation of approved annual leave to emergencies improperly limited management's ability to assign work. It also found that a 60-day deadline…
International Organization of Masters, Mates & Pilots and Panama Canal Commission
Panama Canal Commission official-time term (FLRA O-NG-1123): Negotiability appeal dismissed
The Masters, Mates & Pilots union and the Panama Canal Commission used Panel-directed arbitration to resolve a bargaining impasse. The arbitrator ordered a provision allotting official time for union representatives and crediting two representatives with assignments for pilot additional…
Veterans Administration Medical Center, Leavenworth, Kansas and AFGE Local 85
Leavenworth VA performance appraisal (FLRA O-AR-1342): Reappraisal award upheld
An employee at the Leavenworth Veterans Administration Medical Center challenged a Highly Satisfactory appraisal and claimed management answered the grievance late. An arbitrator found the response timely but concluded that management had improperly relied on the previous year's evaluation. He…
INS El Paso Border Patrol Sector and AFGE National Border Patrol Council Local 1929
El Paso Border Patrol official time (FLRA O-AR-1340): Schedule-change award upheld
A union representative at the El Paso Border Patrol sector requested eight hours of official time and a schedule change so he could perform representational activities while on duty. Management denied the requests. An arbitrator found that denying the schedule change violated the agreement and…
Con-Ag, Incorporated
Default order vacated and remanded
MSHA cited Con-Ag, Incorporated after an alleged failure to wear a safety belt and line at its crushing plant, and proposed a $550 civil penalty. After Con-Ag did not answer the penalty proposal or respond to an order to show cause, the ALJ entered a default order assessing the penalty. The…
Immigration and Naturalization Service, San Diego District and AFGE Local 2805
San Diego INS district and AFGE Local 2805 (FLRA 8-CA-60398): Employee address list ordered
AFGE Local 2805 asked the San Diego district of the Immigration and Naturalization Service for the names and home addresses of employees in its bargaining unit. The district refused, leading to an unfair labor practice complaint. An ALJ concluded that the requested information had to be furnished…
Navy Great Lakes Naval Hospital and AFGE Local 2107
Great Lakes Naval Hospital and AFGE Local 2107 (FLRA 5-CA-70132): Employee addresses ordered
AFGE Local 2107 requested names and home addresses of employees it represented at Great Lakes Naval Hospital. The Navy denied the request, arguing that the Privacy Act prohibited disclosure and that the information was unnecessary for representation. The parties agreed that the Navy normally…
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.