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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Kaiser Coal Corporation of Sunnyside
Rib-testing violation found and $1,000 assessed
Kaiser Coal Corporation of Sunnyside operated the Sunnyside No. 1 underground coal mine. After a service representative was fatally injured by a falling rib, MSHA alleged that the operator had visually examined the rib but had not physically tested it as required by 30 C.F.R. § 75.205. Judge August…
Tinker Air Force Base and AFGE Local 916
Tinker Air Force Base restricted duty (FLRA O-AR-1355): Sick leave grievance denial upheld
A Tinker Air Force Base employee was placed on medically restricted duty after inhaling paint fumes at work. He used four days of sick leave while on enforced leave and sought to have that leave restored. The arbitrator denied the grievance because the union did not identify an available job the…
FAA Washington Flight Service Station and National Association of Air Traffic Specialists
FAA Washington Flight Service Station fee award (FLRA O-AR-1309): Fees increased and remainder remanded
An arbitrator set aside an FAA employee's suspension and awarded backpay, then addressed the union lawyer's fees after an earlier Authority remand. The arbitrator awarded fees only through December 7, 1985, gave no explanation for rejecting later work, and treated claimed expenses as included in…
Panama Canal Commission and International Organization of Masters, Mates and Pilots
Panama Canal pilot completion bonuses (FLRA O-AR-1053): Arbitration award upheld
Panama Canal pilots grieved the Commission's refusal to credit completion bonuses for certain assignments under an interim agreement. An arbitrator found no bonus due when a pilot was released before being cleared to get a vessel under way, but found a violation when a pilot had been cleared and…
Green River Coal Company, Inc.
Settlement approved with a $500 penalty
Green River Coal Company operated the Green River No. 9 mine. The Secretary of Labor and the company proposed modifying the order at issue to a citation under section 104(a) of the Mine Act and settling the civil penalty for $500. Judge Gary Melick found the settlement appropriate under the…
U.S. Customs Service and National Treasury Employees Union
Customs Service Seattle details (FLRA 9-CA-50404): Lost overtime remedy affirmed
The Customs Service temporarily detailed two Seattle district employees after they filed grievances or took part in protected activity. In an earlier ruling, the Authority found the details discriminatory and sent the case back to determine whether the employees lost pay because of them. The ALJ…
U.S. Department of the Treasury and National Treasury Employees Union
Treasury paycheck delivery directive (FLRA 3-CA-60291, 3-CA-60325): Bargaining interference found
Treasury directed its bureaus to end hand delivery of paychecks and other payroll products and use direct deposit or mail instead. The IRS and Customs Service then implemented the change without bargaining over the delivery options with NTEU. An ALJ dismissed the complaint under Authority precedent…
Army Communications-Electronics Command, FOP Lodge 48, and AFGE Local 1904
Fort Monmouth representation petition (FLRA 2-RO-70003): Review denied for lack of showing of interest
The Fraternal Order of Police, Lodge 48 sought exclusive recognition in a consolidated unit at the Army Communications-Electronics Command in Fort Monmouth, New Jersey. A regional director dismissed its petition because the union had not shown sufficient employee interest. FOP asked the Authority…
U.S. Department of Justice, Bureau of Prisons, Metropolitan Correctional Center and AFGE Local 3148
Bureau of Prisons investigation (FLRA 2-CA-60082): Union request protected during questioning
A correctional officer at the Metropolitan Correctional Center in New York was questioned about discrepancies in his account of an unattended confidential log book. He said he wanted to see a union representative before writing another memorandum, but his supervisor continued the examination. The…
AFGE Local 1409 and U.S. Army Adjutant General Publications Center
Army Publications Center probationary terminations (FLRA O-NG-1390): Grievance proposal outside duty to bargain
AFGE Local 1409 proposed allowing probationary employees at an Army publications center to grieve terminations when they alleged discrimination. The Army argued that the proposal conflicted with federal law and regulations governing probationary employment. The Authority held that a materially…
U.S. Department of Housing and Urban Development and AFGE Local 476
HUD arbitration filing deadline (FLRA O-AR-1259): Reconsideration denied
AFGE Local 476 asked the Authority to reconsider its dismissal of exceptions to a HUD arbitration award. The exceptions arrived one day after the deadline under the filing rules then in effect. The union said an Authority official gave it the later due date, the award might have been mailed after…
Navy Exchange Hawaii, SEIU Local 556, and Hawaii Federal Employees Metal Trades Council
Hawaii Navy Exchange representation (FLRA 98-AC-60006): Review of unit correction denied
A regional director corrected a Navy Exchange unit clarification to name both SEIU Local 556 and the Hawaii Federal Employees Metal Trades Council as joint exclusive representatives. The Navy and SEIU sought review, arguing that the regional director should have held a hearing and had made factual…
Long Beach Naval Shipyard and Federal Employees Metal Trades Council
Long Beach Naval Shipyard employee addresses (FLRA 8-CA-70137): Disclosure required
The Federal Employees Metal Trades Council requested names and home addresses for employees it represented at Long Beach Naval Shipyard. The shipyard refused, arguing that the Privacy Act barred release and that the union could communicate with workers by other means. The parties agreed the…
Department of Energy, Western Area Power Administration and AFGE Local 1824
Western Area Power employee addresses (FLRA 7-CA-60618): Disclosure order affirmed
AFGE Local 1824 requested home addresses for employees it represented at the Western Area Power Administration. The agency refused to supply them. An ALJ found the refusal an unfair labor practice and recommended an order requiring disclosure. The Authority rejected the agency's exceptions and…
Veterans Administration Central Office and VA Medical and Regional Office Center, Fargo and AFGE
Fargo VA nurse arbitration (FLRA 7-CA-60189): Compliance complaint dismissed
A Fargo VA nurse was removed after a disciplinary board reviewed alleged professional misconduct. An arbitrator hearing her grievance ordered reinstatement and backpay, but the VA refused to comply. An ALJ found that refusal an unfair labor practice because the award had become final. The Authority…
Veterans Administration and NAGE, SEIU
Manchester VA employee addresses (FLRA 1-CA-70086): Union information request granted
The National Association of Government Employees requested names and home addresses for employees in three units at the Manchester VA Medical Center. The VA supplied some job information but withheld home addresses, citing the Privacy Act and Freedom of Information Act. The Authority applied its…
Veterans Administration, Edith Nourse Rogers Memorial Hospital and NAGE Locals R-1-32 and 32A
Bedford VA employee addresses (FLRA 1-CA-60332): Disclosure order affirmed
NAGE Locals R-1-32 and 32A requested the names and home addresses of professional and nonprofessional employees they represented at the Bedford VA hospital. The hospital denied the request based on Privacy Act concerns. An ALJ found that the hospital held the information in personnel files and…
Naval Submarine Base New London and NAGE Local R1-100
New London Navy employee addresses (FLRA 1-CA-60304): Information order affirmed
NAGE Local R1-100 requested the names and current home addresses of employees it represented at the New London submarine base. The Navy refused, citing employee privacy and arguing that current addresses were not readily available because they were kept in payroll systems that would require…
AFGE Council 214 and Headquarters Air Force Logistics Command
Air Force property liability (FLRA 0-NG-759): Nonnegotiability finding reaffirmed on remand
AFGE Council 214 proposed limiting employees' financial liability for lost, damaged, or destroyed Air Force property to gross negligence, willful misconduct, or deliberate unauthorized use, with no liability when doubt remained. The Authority had found the proposal inconsistent with management's…
NFFE Local 642 and Bureau of Land Management, Lakeview District Office
BLM Lakeview work schedules (FLRA 0-NG-1344): Written notice and alternative schedules negotiable
NFFE Local 642 proposed written notice when the Bureau of Land Management changes employee schedules and a set of flexible and compressed work schedules at its Lakeview district office. The agency argued that written notice would restrict its ability to change schedules quickly and that the…
NAGE, SEIU and State of Connecticut Adjutant General Office
Connecticut National Guard schedules and duties (FLRA 0-NG-1289): Two proposals negotiable
NAGE proposed alternative work schedules, limits on duties outside technicians' qualifications or position descriptions, and a rule against assigning recruiting duties unless included in a technician's position description. The Authority found the schedule proposal negotiable because the federal…
U.S. Army Transportation Center, Fort Eustis and NAGE Local R4-6
Fort Eustis suspension (FLRA 0-AR-1368): Credibility challenge to award rejected
A Fort Eustis employee was suspended for three days after allegedly making an inappropriate statement about a gun following a disciplinary meeting. The union disputed that she made the statement and challenged the suspension in arbitration. The arbitrator resolved conflicting accounts through…
Texas Architectural Aggregates, Incorporated
Noise citation affirmed with a $20 penalty
Texas Architectural Aggregates operated the Van Horn White Marble Mine, where MSHA cited excessive noise exposure from a LeRoi drill. The judge found that the drill operator and helper were exposed to noise above the mandatory limit, and that a feasible engineering control, a noise barrier, was…
Wyoming Air National Guard and NAGE Local R14-76
Wyoming Guard technician uniforms (FLRA 7-CA-60326): Arbitration compliance ordered
A Wyoming Air National Guard arbitrator held that the Guard could not require civilian technicians to wear military uniforms before the parties' agreement expired. The Guard sought a stay and filed an exception, but the Authority denied both and the Guard did not implement the award. The Authority…
Internal Revenue Service, Denver District and NTEU Chapter 32
IRS Denver employee details (FLRA 7-CA-50641): Impact bargaining required
The IRS detailed 20 Denver employees to an Automated Collection System call site for 60 days, changing their commutes, schedules, and lunch periods. NTEU Chapter 32 requested bargaining over the effects of the details, but the IRS said the move did not change conditions of employment. The Authority…
Fort Knox Teachers Association and Fort Knox Dependents Schools
Fort Knox teacher proposals (FLRA 0-NG-905): Heat dismissal limit rejected
The Fort Knox Teachers Association sought bargaining over salary and fringe benefits and a rule dismissing school at 1:30 p.m. when the temperature exceeded 85 degrees. The Authority held that the temperature rule affected teachers' working conditions but would bar the schools from assigning…
NAGE Local R7-23 and Scott Air Force Base
Scott Air Force Base property liability (FLRA 0-NG-837): Negligence proposal remains nonnegotiable
NAGE Local R7-23 proposed keeping gross negligence, instead of ordinary negligence, as the standard for making employees financially liable for loss or damage to Air Force property. The Authority had ruled that the proposal interfered with management's right to determine internal security…
Illinois Nurses Association and VA Medical Center, North Chicago
North Chicago VA nurses' contract proposals (FLRA 0-NG-1209): Bargaining ordered on selected terms
The Illinois Nurses Association challenged the VA's refusal to bargain over contract proposals for nurses at its North Chicago medical center. The proposals covered local practices, grievances, schedules, pay survey participation, training, leave, evaluations, promotions, discipline, and work…
HHS, Social Security Administration and AFGE
SSA union official time (FLRA 0-AR-1239): Reimbursement awards upheld
An arbitrator decided individual grievances over SSA's denial of official time for union representation and related travel or other expenses. He awarded straight time reimbursement for representational work performed on personal time, along with some expenses. SSA argued that the hearings were…
Navy Public Works Center, Great Lakes and NAGE Local R7-51
Great Lakes Navy employee addresses (FLRA 5-CA-70069): Union disclosure ordered
NAGE Local R7-51 requested names and home addresses for bargaining unit employees at the Great Lakes Navy Public Works Center. The Navy refused, citing the Privacy Act and its own disclosure policies. The parties agreed that the records were normally maintained, reasonably available, and outside…
General Services Administration and Edward Hanlon, Jim Mercury, and Ruth Sanders
GSA building literature permits (FLRA 3-CA-60344): Unfair labor practice complaint dismissed
Several individuals challenged GSA rules requiring permits to distribute materials in public areas of federal buildings. They argued that the rules unduly burdened employees' right to hand out union literature during nonwork time. The Authority recognized that right but held that GSA's rules were…
Hanscom Air Force Base and NAGE Local R1-8
Hanscom Air Force Base employee addresses (FLRA 1-CA-60282): Disclosure order affirmed
NAGE Local R1-8 requested names and home addresses for employees it represented at Hanscom Air Force Base. The base refused, citing the Privacy Act and the union's other means of contacting employees. An ALJ found that the records were maintained by the base and that the refusal violated the…
Department of Defense Dependents Schools and Overseas Federation of Teachers
DOD overseas school agreement (FLRA 1-CA-40196): Four disapprovals rescinded
The Overseas Federation of Teachers and DOD's Mediterranean schools agreed on provisions covering teacher academic freedom, travel expenses for union representatives and arbitration witnesses, and union attendance when employee storage areas were opened. DOD's agency head disapproved the four…
Overseas Education Association and DOD Office of Dependents Schools
Overseas DOD school employment proposals (FLRA 0-NG-840): Bargaining divided across 49 terms
The Overseas Education Association sought a negotiability ruling on 49 proposals for DOD school employees posted overseas. The proposals addressed housing, facilities, transportation, travel, allowances, and related employment terms. The Authority considered whether each term concerned employee…
NTEU and U.S. Customs Service, Pacific Region
Customs Pacific Region suspension (FLRA 0-AR-1326): Reduced penalty upheld
Customs suspended an employee for 14 days after alleging sleeping on duty, refusing a detail, and giving improper advice to a supervisor's secretary. An arbitrator found the sleeping incident isolated and too weak to justify suspension, found the detail refusal was treated unevenly, and found no…
U.S. Steel Mining Company, Inc.
Headlight settlement reduced to $30
U.S. Steel Mining operated the Cumberland Mine, where MSHA cited a continuous-miner headlight under 30 C.F.R. § 75.503. The Secretary later learned that a third wire grounded the headlight, so the hazard described in the original assessment did not exist. Judge Paul Merlin approved the settlement…
AFGE National INS Council and U.S. Immigration and Naturalization Service
INS agreement review (FLRA 0-NG-1069): Six provisions restored
AFGE's National INS Council appealed agency head disapproval of contract provisions covering EEO grievances and representation, approved leave, religious accommodation, reduction in force practices, and reassignment after a workforce reduction. The Authority found Provisions 1 through 5 and 7…
Anniston Army Depot and AFGE Local 1945
Anniston Army Depot suspension (FLRA 0-AR-1353): Five-day penalty upheld
An Anniston Army Depot employee challenged a ten-day suspension under the parties' agreement. The arbitrator found cause for discipline but reduced the penalty to five days. AFGE Local 1945 argued that the award rested on a gross factual mistake. The Authority found that the union's exception did…
U.S. Immigration and Naturalization Service and AFGE National INS Council
INS inspector performance plans (FLRA 0-AR-1317): Notice remedy upheld
INS revised immigration inspectors' performance work plans without first giving AFGE written notice and a chance to respond under their agreement. An arbitrator ordered INS to return to the old plan until it provided notice and to recalculate ratings issued under the new plan. The arbitrator…
VA Medical Center, Kansas City and AFGE Local 2663
Kansas City VA union official time (FLRA 0-AR-1313): Grievance denial upheld
AFGE Local 2663 grieved the Kansas City VA medical center's amount of official time for its union president during a one month period in 1986. The arbitrator found that the center had allowed a reasonable amount under the parties' local agreement and denied the grievance. The union challenged the…
Mohave Concrete & Materials Inc.
Most citations affirmed after remand, one vacated
Mohave Concrete operated a metal and nonmetal processing plant where MSHA cited unguarded moving machine parts, uncovered junction boxes, a missing conveyor emergency stop device, improper electrical fittings, and failure to notify MSHA before starting operations. Judge John J. Morris affirmed the…
Freeport Gold Company
Discrimination complaint dismissed
Daniel S. Alexander alleged that Freeport Gold discharged him because he engaged in safety-related activity protected by the Mine Act. Judge Michael A. Lasher found that Alexander had at most marginally engaged in protected activity, but found no connection between that activity and the discharge…
Helen Mining Company
Roof-bolt settlement reduced to $500
Helen Mining operated the Homer City Mine, where an order cited six missing roof bolts and one loose roof bolt under 30 C.F.R. § 75.200. The Secretary sought to reduce the original $800 assessment because the special-assessment narrative incorrectly said that a foreman had been observed in an…
Sellersburg Stone Company
Settlements approved for $1,080
Sellersburg Stone faced 13 alleged safety violations at its stone mine under standards covering guarding, electrical equipment, and electrical bushings. Judge George A. Koutras reviewed the Secretary's explanation for reducing the proposed penalties and approved settlements totaling $1,080 across…
High Power Energy
Blast-site citation affirmed with a $1 penalty
High Power Energy was cited after two blasters re-entered a charged blast area as an electrical storm approached at the Twenty Mile Surface Mine. An unplanned detonation killed both employees. Judge Gary Melick found that the mine violated 30 C.F.R. § 77.1303(uu), which requires charging to stop…
NTEU and Internal Revenue Service
IRS employee pseudonyms (FLRA 0-NG-1262): Identification proposals negotiable
NTEU proposed that IRS employees use registered pseudonyms, or identify themselves by last name and use a registered pseudonym when a distinctive last name could identify them. The union said the terms would reduce harassment and protect privacy. The IRS argued that employees had to use their real…
U.S. Army Air Defense Center, Fort Bliss and NAGE Local R14-89
Fort Bliss work schedule notice (FLRA 0-AR-1305): Expired agreement ruling upheld
NAGE Local R14-89 challenged Fort Bliss's change from an agreement clause requiring two weeks' written notice of tour changes to an instruction implementing a governmentwide scheduling regulation. The Army said the agreement had expired and gave the union an opportunity to comment on the new…
Social Security Administration and AFGE Social Security Local 3231
SSA reservist leave (FLRA 0-AR-1282): Approved annual leave restored
An SSA claims representative on Army Reserve duty had approval to use military leave around two annual leave days. After his return, SSA changed the annual leave days to military leave and also charged the intervening weekend to military leave. An arbitrator held that the weekend charge was proper…
HHS Region VII and NTEU Chapter 217
Kansas City HHS employee addresses (FLRA 7-CA-60472): Disclosure order affirmed
NTEU Chapter 217 requested names and home addresses for employees it represented at HHS Region VII's Kansas City offices so it could survey them for negotiations. HHS refused, citing privacy and questioning whether the information was reasonably available because retrieving it would take staff…
FDA Region VII and NTEU Chapter 217
FDA Region VII employee addresses (FLRA 7-CA-60471): Disclosure order affirmed
NTEU Chapter 217 requested names and home addresses for employees at FDA Region VII's Kansas City regional and field offices to survey them before negotiations. FDA refused and questioned whether the records were reasonably available because retrieving them would require staff time. An ALJ found…
VA Regional Office and Insurance Center, St. Paul and AFGE Local 1969
St. Paul VA employee addresses (FLRA 5-CA-70070): Disclosure ordered
AFGE Local 1969 requested the names and home addresses of bargaining unit employees at the VA's St. Paul Regional Office and Insurance Center. The VA refused, arguing that the Privacy Act prohibited release and that home addresses were unnecessary because the union had other ways to contact…
Department of Transportation and AFGE Local 2747
DOT notice posting remedy (FLRA 2-CA-20217): Late reconsideration request denied
After the Authority's March 17, 1987 remand order, the Department of Transportation asked it to remove or change a notice posting requirement. The Authority treated the request as a motion for reconsideration. Under its filing rules, the motion was due April 1, but DOT filed it April 17. DOT…
AFGE Local 3477 and Commodity Futures Trading Commission
CFTC performance cash awards (FLRA 0-NG-681): Incentive ranges negotiable on remand
AFGE Local 3477 proposed cash award ranges of 10 to 15 percent of salary for outstanding performance and 5 to 10 percent for superior performance. The Authority had initially found the proposal outside the duty to bargain. After a court rejected the premise that setting incentive pay was part of…
National Labor Relations Board and NLRB Union
NLRB employee affidavit examination (FLRA 0-AR-1286): Representation award narrowed
An NLRB employee who had supplied an affidavit for a coworker's discipline response was later ordered to provide a further affidavit in an agency investigation. He requested a union representative during the questioning, but the agency refused. An arbitrator found that refusal violated the parties'…
The Helen Mining Company
Roof-control citation partly affirmed and separate order settled
The Helen Mining Company contested a roof-control order concerning forepole pads that were not in contact with the mine roof at the Homer City Mine, while the Secretary also sought a civil penalty. Judge Avram Weisberger found no violation of the approved roof-control plan and no unwarrantable…
Matter of Mogharrabi
Well-founded fear is a lower asylum standard
The Board reviewed an Iranian couple's appeal after an immigration judge denied asylum and withholding of deportation. It held that asylum uses a well-founded fear standard that is significantly lower than the clear-probability standard for withholding of deportation. A reasonable person may fear…
Navy Public Works Center, San Diego and NAGE Local R12-35
San Diego Navy overtime charts (FLRA 0-AR-1330): Interim award appeal dismissed
An arbitrator found that the San Diego Navy Public Works Center had failed to maintain and post overtime charts as its agreement required. He directed the parties to work out disputed overtime claims and retained jurisdiction to resolve the remedy if necessary. The Navy filed exceptions before that…
Mettiki Coal Corporation
Orders vacated
Mettiki Coal contested three withdrawal orders and the related civil penalty proceeding at its coal mine. One order alleged that dislodged legs under roof crossbars had not been promptly replaced, but Judge Gary Melick found the legs were temporary supports and not permanent roof supports under the…
M.M. Sundt Construction Company
Noise citation affirmed and sampling citation vacated
M.M. Sundt Construction was cited after a crusher laborer was exposed to noise above the permissible limit and after a separate air-sampling citation. Judge John J. Morris found that the operator violated 30 C.F.R. § 56.5050(b), even though the employee was wearing earplugs, because feasible…
NFFE Local 29 and Army Corps of Engineers, Kansas City District
Kansas City Corps property liability (FLRA 0-NG-731): Both union proposals remain nonnegotiable
NFFE Local 29 proposed limits on when and how much the Kansas City District of the Army Corps of Engineers could charge employees for lost or damaged government property. One proposal capped financial liability at $150. The other would prevent the agency from both disciplining an employee and…
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.