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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Emko Corporation
Settlement approved at $750 after additional support
Emko Corporation sought approval of a settlement covering four violations at its Kennecott Mine. After an earlier settlement proposal was denied for lack of support, the operator provided information about its safety manual, policy, and affidavits concerning the conduct at issue. Judge Paul Merlin…
Alt, Incorporated
Highwall rock citation affirmed with a $500 penalty
Alt operated the Iselin surface coal mine, where MSHA found a large overhanging rock near the top of a highwall. Judge Avram Weisberger found that the operator violated 30 C.F.R. § 77.1001 by failing to strip loose hazardous material a safe distance from the highwall. He found the violation…
VA Medical Center, Leavenworth and AFGE Local 85
Leavenworth VA higher-grade detail (FLRA 0-AR-1331): Promotion grievance denial stands
An employee at the Leavenworth VA Medical Center claimed he had spent an extended period in a higher-grade position and should have received a temporary promotion. The arbitrator found that he did not meet the qualifications for the higher-grade audio-visual production officer position. The…
Midacontinent Resources, Inc.
Refresher-training citation amended with a $20 penalty
Midacontinent Resources operated a coal preparation plant where MSHA alleged that a miner had not received the required annual refresher training. Further investigation showed that the miner had received annual retraining, but the operator's form did not clearly identify the training type or may…
Coeur d'Alene Mines Corporation
Discrimination case dismissed with prejudice
The discrimination proceeding was brought by Henry C. Stairs, who died without a surviving spouse. The known next of kin did not appoint a personal representative or indicate interest in doing so after receiving notice that the case would be dismissed if no representative appeared. Judge August F…
Bert W. Bielz, Jr., and Richard McNeely
Agent penalties settled at $2,200 each
Bert W. Bielz, Jr., and Richard McNeely were charged as agents of Silver State Mining Corporation with knowingly authorizing, ordering, or carrying out violations involving 30 C.F.R. §§ 55.5-2 and 55.5-5. The operator had already been assessed penalties for those violations, and each respondent…
Vinnell Mining & Minerals
Thirteen citations resolved for $619
Vinnell Mining and Minerals faced 13 alleged violations at its silica mine across two dockets. The parties settled nine citations at the originally proposed penalties, and Judge Michael A. Lasher, Jr. resolved the remaining four by deleting their significant-and-substantial designations and setting…
Youghiogheny & Ohio Coal Company
Consolidated roof, ventilation, and canopy matters resolved
Youghiogheny & Ohio Coal Company faced several consolidated contests and civil penalty proceedings at the Nelms No. 2 Mine. Judge Gary Melick modified some enforcement orders, approved a $500 settlement for one order, and found that another canopy violation was not significant and substantial but…
Peabody Coal Company
Post-explosion safety matters resolved with $7,050
Peabody Coal's Camp No. 2 Mine was the subject of civil penalty proceedings after a methane explosion. The proceeding addressed alleged violations involving electrical equipment, ventilation, coal dust, and related mine-safety requirements. Judge William Fauver approved a $2,000 settlement for one…
Vinnell Mining and Minerals Corporation
Four citations settled for $175
Vinnell Mining and Minerals faced four citations at the Oro Grande Mine with initial assessments totaling $241. Judge August F. Cetti approved the settlement after reviewing the statutory penalty criteria and the parties' explanation for reducing two assessments. The settlement reduced the total to…
ASARCO, Incorporated
Discrimination complaint dismissed
Joe Arnoldi alleged that ASARCO discriminated against him in violation of section 105(c) of the Mine Act. The case concerned his removal from work at the Coeur Mine and the company's decision not to rehire him, with the parties disputing whether the actions were motivated by protected safety…
Mid-Continent Resources, Inc.
One citation affirmed and one vacated
Mid-Continent Resources faced citations for an unguarded moving machine part and for allegedly working alone in a hazardous condition at the Coal Creek Prep Plant. Judge August F. Cetti approved the settlement, reduced the first proposed penalty from $6,000 to $1,000, and affirmed that citation…
Richard Coal Company
Discrimination case dismissed under settlement
Howard H. Ross and Richard Coal Company jointly reported that all matters in the discrimination case had been settled. The parties agreed that the proceeding should be dismissed with prejudice. Judge Avram Weisberger entered the agreed dismissal.
Social Security Administration and AFGE
Social Security union official time (FLRA 0-AR-1241): Two parts of arbitration award set aside
An arbitrator awarded Social Security Administration union representatives official time, pay, and some expenses for several representational activities. The agency challenged multiple parts of those awards. The Authority set aside time and expenses for representing a former employee at an…
Jim Walter Resources, Inc.
One electrical citation sustained with a $500 penalty
Jim Walter Resources faced consolidated contests and a civil penalty proceeding involving a nonpermissible distribution box and a scoop battery charger at the No. 5 Mine. Judge Avram Weisberger found that using the scoop battery charger in the cited crosscut did not violate 30 C.F.R. § 75.500(d)…
Jim Walter Resources, Inc.
Ambiguous ventilation-plan provision could not support violations
The Commission reviewed consolidated contests and civil penalty proceedings concerning an approved ventilation-plan provision requiring line brattice to be maintained within 10 feet of “all faces” at Jim Walter's underground coal mines. The Commission affirmed the ALJ decision vacating the…
Mathies Coal Company
Settlement of miners' representative access dispute approved
The judge had previously found that Mathies Coal interfered with Joseph G. DeLisio's right as a miners' representative to accompany federal inspectors underground. After the Commission stayed finality while the parties addressed a request for clarification, they agreed to a 90-day trial arrangement…
Charles J. Merlo, Incorporated
Penalty proposal withdrawn and case dismissed
MSHA alleged that a leased Caterpillar dozer lacked an audible warning and functioning directional lights. Judge George A. Koutras found that Beth Energy Mines, which owned the plant and had exclusive control of the dozer, rather than Charles J. Merlo, was responsible for the condition. The judge…
NFFE Local 1745 and Veterans Administration
Veterans Administration performance rating (FLRA O-AR-1333): Grievance denial stands
A Veterans Administration employee challenged her fully satisfactory performance rating, seeking a rating one step higher. The arbitrator found that she should have received a higher mark on one responsibility, but found her supervisor's mark correct on another, so he denied the grievance. NFFE…
Department of Health and Human Services, Region IX, San Francisco, California and National Treasury Employees Union
HHS Region IX employee addresses (FLRA 9-CA-60369): Union information order affirmed
The National Treasury Employees Union asked HHS Region IX for the names and home addresses of bargaining unit employees. HHS refused, and an administrative law judge found that the refusal violated the agency’s duty to provide information under the federal labor statute. The Authority adopted the…
22nd Combat Support Group, March Air Force Base and AFGE Local 3854
March Air Force Base performance appraisal (FLRA 8-CA-60091): Retaliation found
A supply technician at March Air Force Base sought AFGE Local 3854's help after disputing who supervised her. Two weeks after a meeting where her supervisor criticized involving the union and filing a grievance, he lowered every factor in her performance appraisal from outstanding to fully…
Western Area Power Administration and IBEW Locals 640, 1759, and 2159
Western Area Power Administration pay rates (FLRA 7-CA-30398): Bargaining ordered on pay changes
The Western Area Power Administration changed pay rates for supervisory craftsmen while disputing whether those employees belonged to bargaining units represented by three IBEW locals. The Authority had already decided that they were in the units and that their pay rates were subject to bargaining…
Veterans Administration Medical Center Muskogee and AFGE Local 2250
Muskogee VA unfair labor practice cases (FLRA 6-CA-50105): Reconsideration dismissed as late
The Muskogee Veterans Administration Medical Center sought reconsideration of a February 20, 1987 Authority order finding that some of its conduct violated the labor statute. Its motion was due by March 9 under the filing rules the Authority applied. The envelope had no visible postmark, so the…
Veterans Administration North Chicago Medical Center and AFGE Local 2107
North Chicago VA employee addresses (FLRA 5-CA-70131): Disclosure ordered in 1987 ruling
While negotiating a local agreement, AFGE Local 2107 asked the North Chicago VA Medical Center for the names and home addresses of bargaining unit employees so it could seek their views. The medical center refused to provide the addresses, arguing that privacy law barred disclosure and other ways…
Federal Aviation Administration and Professional Airways Systems Specialists
FAA Great Lakes reorganization (FLRA 5-CA-40069): Conditional backpay remedy added
The FAA reorganized its Great Lakes air route control centers without bargaining with Professional Airways Systems Specialists over how the change would affect employees. Some employees lost pay differentials after their work hours changed. An earlier Authority order found a bargaining violation…
Veterans Administration and National Federation of Federal Employees
VA nurses' 1985 comparability raise (FLRA 3-CA-50147): Consultation required
The Veterans Administration had automatically passed federal comparability pay increases through to nurses for years. It changed that policy and withheld the January 1985 increase, informing the National Federation of Federal Employees after the decision had been made. The Authority held that the…
General Services Administration Region 2, International Brotherhood of Police Officers Local 529, and Police Benevolent Association-Federal Protection Service Region 2
GSA Region 2 representation case (FLRA 1-CU-60004): Review denied
The Police Benevolent Association-Federal Protection Service, Region 2 asked the Authority to review a Regional Director's decision in a representation case involving GSA Region 2 and International Brotherhood of Police Officers Local 529. It claimed that the Regional Director had made clearly…
Internal Revenue Service Hartford District and National Treasury Employees Union
IRS Wethersfield break room (FLRA 1-CA-60104): Bargaining required before removing conveniences
After moving its Wethersfield, Connecticut office, the IRS allowed employees to use a break room with a microwave, a larger refrigerator, snacks for sale, and posted prices. Management later ordered those items and signs removed without notifying the National Treasury Employees Union or bargaining…
Federal Aviation Administration and Professional Airways Systems Specialists
FAA Albany reduction in force (FLRA 1-CA-30218): Conditional backpay remedy added
The FAA carried out an Albany, New York reduction in force without bargaining with Professional Airways Systems Specialists over its implementation. One employee lost his job and pay after declining a transfer. An earlier Authority order found a refusal-to-bargain violation but denied backpay; a…
Fort Knox Teachers Association and Board of Education of the Fort Knox Dependents Schools
Fort Knox school teachers' contract (FLRA 0-NG-778): Disapproval of six terms rescinded
The Fort Knox Dependents Schools disapproved six terms in a locally negotiated agreement with the teachers' association. The terms addressed lockouts, grievances and arbitration, leave, when the agreement took effect, and the agreement's relationship to agency rules. The Authority rejected the…
National Treasury Employees Union and Internal Revenue Service
IRS incentive award rate (FLRA 0-NG-524): Proposal negotiable after court remand
The union proposed a formula for incentive awards tied to work above a specified efficiency level. The Authority initially found the proposal outside the duty to bargain, but a federal appeals court rejected its reasoning and returned the case for other objections. On remand, the Authority found…
NAGE Local R12-167 and Office of the Adjutant General, State of California
California National Guard compressed workweek (FLRA 0-NG-1313): Hardship procedures negotiable
NAGE Local R12-167 proposed a compressed workweek for National Guard technicians at March Air Force Base. The Authority held that the federal flexible and compressed work schedules law applies to those technicians and permits bargaining over schedules for bargaining unit employees. It ordered…
National Association of Government Employees, Local R14-76 and Wyoming Air National Guard, Cheyenne, Wyoming
Wyoming Air National Guard workweek (FLRA 0-NG-1284): Four-day schedule negotiable
The union proposed a compressed workweek for Wyoming Air National Guard technicians. The Guard argued that federal work schedule law did not apply to technicians and that the proposal conflicted with its management rights and regulations. The Authority applied its earlier ruling that the Work…
AFSCME Local 2027 and ACTION
ACTION promotion and disability leave proposals (FLRA 0-NG-1201): Both negotiable
AFSCME Local 2027 proposed a process for employees eligible for repromotion to receive written reasons for nonselection and a chance to respond before ACTION fills a vacancy. It also proposed that, on request, ACTION consider leave without pay for an employee facing removal while a disability…
NFFE Local 1798 and Veterans Administration Medical Center Martinsburg
Martinsburg VA workplace proposals (FLRA 0-NG-1183): Bargaining ordered on selected terms
NFFE Local 1798 proposed workplace terms for employees at the Martinsburg Veterans Administration Medical Center, including leave, performance appraisals, shift schedules, overtime, and transfers. The VA argued that Title 38 and its personnel regulations generally barred bargaining over…
AFGE Local 644 and Department of Labor, Mine Safety and Health Administration
Mine Safety office relocation (FLRA 0-NG-1082): Four proposals negotiable, two dismissed
AFGE Local 644 proposed six workplace measures after the Mine Safety and Health Administration moved its Waynesburg, Pennsylvania office. The Authority required bargaining over nearby equipment loading, access for people with disabilities, suitable heating or cooling, and parking. Those proposals…
AFGE Local 12 and Department of Labor
Labor Department office space plan (FLRA 0-NG-1044): One proposal negotiable, nine dismissed
AFGE Local 12 proposed ten measures responding to a Labor Department office space reduction affecting OSHA employees. The Authority ordered bargaining over Proposal 3, which covered office layout, window access, lighting, and ventilation. It rejected Proposal 4 because assigning partition request…
American Federation of Government Employees, Local 644, National Council of Field Labor Locals and U.S. Department of Labor, Employment Standards Administration, Office of Workers' Compensation Programs, Division of Coal Mine Workers' Compensation, Charleston, West Virginia
DOL coal mine workers compensation grievance (FLRA 0-AR-1323): Exceptions denied
An employee in a Department of Labor office grieved several aspects of her treatment under the labor agreement. The arbitrator dismissed her claims as untimely or unfounded. The union challenged several factual findings and conclusions. The Authority held that the challenges did not show the award…
Air Force Logistics Command, Tinker Air Force Base and AFGE Local 916
Tinker Air Force Base arbitration (FLRA 0-AR-1320): Reconsideration denied
AFGE Local 916 asked the Authority to reconsider an April 30, 1987 decision in its arbitration case with Tinker Air Force Base. The Authority's regulation requires extraordinary circumstances for reconsideration. The Authority found that the union's arguments disagreed with the earlier decision and…
Veterans Administration Medical Center Kansas City and AFGE Local 2663
Kansas City VA suspension (FLRA 0-AR-1314): Arbitration grievance denial stands
A Kansas City Veterans Administration Medical Center employee challenged a five-day suspension for absence without leave. He said he had been ill and that the suspension was retaliation for union activity, an unfair labor practice charge, and an accident report. The arbitrator found that the…
Social Security Administration, Pittsburg, Kansas and American Federation of Government Employees, Local 1336
SSA reconsideration request (FLRA 0-AR-1312): Union fails to show extraordinary circumstances
The union sought reconsideration after the Authority denied its exceptions to an arbitrator's award, partly as untimely. It argued that the denial was erroneous and too brief to satisfy due process and statutory requirements. The Authority found that the union was trying to relitigate the decision…
U.S. Navy Public Works Center and International Association of Machinists and Aerospace Workers
Navy wage overpayment (FLRA 0-AR-1304): Employee reimbursement award stands
A Navy employee continued receiving higher pay after his temporary promotion ended, although he repeatedly reported the error to his supervisor. The Navy required him to repay $315.28 and denied his request to waive the debt. An arbitrator found that the overpayment resulted from an administrative…
Defense Logistics Agency and American Federation of Government Employees, Local 3953
DLA canceled promotion (FLRA 0-AR-1303): Arbitration award stands
A Defense Logistics Agency employee was tentatively selected for a promotion, but the agency canceled the selection because of budget constraints. An arbitrator found that no final selection had been made and that the cancellation did not violate the labor agreement or act arbitrarily. The union…
AFGE Local 2004 and New Cumberland Army Depot
New Cumberland Army Depot sick leave discipline (FLRA 0-AR-1300): Reduced suspension stands
New Cumberland Army Depot suspended an employee for five days over sick leave use and charged him with three days of absence without leave. The arbitrator found evidence of sick leave abuse, but also found that the depot had not given the employee the warning letter required by its labor agreement…
AFGE Local 997 and Maxwell Air Force Base
Maxwell Air Force Base laundry work (FLRA 0-AR-1295): Grievance denial stands
Maxwell Air Force Base reduced its laundry staff and transferred laundry work to inmates at a federal prison camp on the base. AFGE Local 997 argued that the work belonged to bargaining unit employees. The arbitrator denied the grievance and urged efforts to place affected employees in other jobs…
Veterans Administration Medical Center Leavenworth and AFGE Local 85
Leavenworth VA arbitration (FLRA 0-AR-1283): Reconsideration request dismissed as late
AFGE Local 85 asked the Authority to reconsider its March 25, 1987 decision in an arbitration case with the Leavenworth Veterans Administration Medical Center. The Authority calculated the reconsideration deadline under its then-applicable rules as April 13. The union filed on April 22. The…
Naval Air Rework Facility Jacksonville and National Association of Government Inspectors and Quality Assurance Personnel
Jacksonville naval facility shift rotation (FLRA 0-AR-1280): Arbitration award set aside
The Naval Air Rework Facility in Jacksonville permanently rotated two B-shift employees between sections for cross-training. The union argued that this created a vacancy that should have been filled under its labor agreement's volunteer selection procedure. An arbitrator ordered one employee…
American Federation of Government Employees, Local 2654 and Veterans Administration Medical Center, Fresno, California
Fresno VA physician hours (FLRA 0-AR-1268): Grievance may proceed
A half-time physician sought more hours at a VA medical center and was told funds were unavailable. After the center hired another part-time physician, he alleged that the funding reason was a pretext and sought backpay. An arbitrator dismissed the grievance as a challenge to an appointment and to…
Leavenworth Veterans Administration Medical Center and AFGE Local 85
Leavenworth VA laundry students (FLRA 0-AR-1244): Grievance award stands
AFGE Local 85 challenged how the Leavenworth VA Medical Center used summer and stay-in-school employees in its laundry. The students worked alongside bargaining unit employees, whose work assignments, performance reviews, and safety could be affected by the students' duties. An arbitrator found…
Air Force Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local Union 916, Council 214
Tinker Air Force Base weekend overtime (FLRA O-AR-1338): Written report award stands
A Tinker Air Force Base employee was assigned weekend overtime and received leave for a Saturday doctor’s appointment. An arbitrator found that he neither called his supervisor afterward nor reported to work on either day, and upheld written reports placed in his personnel file. The union argued…
U.S. Department of Labor, OIPA and American Federation of Government Employees, Local 12
DOL audiovisual specialist reduction (FLRA O-AR-1225): Union exceptions denied
The Department of Labor reduced three audiovisual specialist positions and created a new higher-graded position. An arbitrator upheld the reduction and selection, though he found a breach of the labor agreement’s placement committee requirement. The Authority had earlier modified the arbitrator’s…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees
SSA training award reconsideration (FLRA O-AR-1210): Both motions denied
The agency and union each sought reconsideration of an Authority decision on several arbitration awards. The agency challenged rulings on straight-time payments for denied official time and a photocopier. The union challenged the setting aside of an award of about ten months of official time for a…
Wilmon Moore D/B/A Big Blue Trucking
Settlement approved at $150
Wilmon Moore, doing business as Big Blue Trucking, faced a civil penalty proceeding before the Commission. The parties proposed reducing the assessment from $450 to $150 and dismissing the case after payment. Judge Gary Melick reviewed the representations and supporting documentation, approved the…
Triple Elkhorn Mining Company
Settlements approved at $1,500
Triple Elkhorn Mining Company faced civil penalty proceedings in two dockets at its No. 2 Surface Mine. The parties proposed reducing the combined penalties from $1,866 to $1,500 and dismissing the cases after payment. Judge Gary Melick reviewed the parties' representations and documentation…
Mullins v. Beth-Elkhorn Coal Corporation
Specific Part 90 job assignment not required
Jimmy R. Mullins alleged that Beth-Elkhorn Coal and the United Mine Workers discriminated against him after an arbitration award removed him from a dispatcher position tied to his Part 90 transfer rights. The Commission held that Part 90 entitles a qualifying miner to a compliant low-dust position…
Pratt & Whitney Aircraft Group, Inc.
PCB protective-equipment citations withdrawn
Pratt & Whitney employees at two plants contacted machine oil contaminated with polychlorinated biphenyls, and many did not use personal protective equipment. OSHA alleged that this exposure violated the general protective-equipment standard. The judge found that the Secretary had not proved that…
Helen Mining Company
Coal-dust settlement approved at $500
Helen Mining was cited after combustible material, loose coal, and float coal dust accumulated along a belt conveyor at the Homer City Mine. The Secretary explained that later investigation showed much of the material was damp and that no hot rollers or electrical violations were found, reducing…
Department of the Interior; Bureau of Reclamation; Bureau of Reclamation, Mid-Pacific Region; and National Federation of Federal Employees, Local 951
Bureau of Reclamation travel advances (FLRA 9-CA-50283): Reconsideration denied
The Authority had found that the Interior Department and Bureau of Reclamation interfered with the Mid-Pacific Region’s duty to bargain by directing it to limit employee travel advances. The respondents requested reconsideration, arguing that travel advances were outside conditions of employment or…
Department of Health and Human Services, Social Security Administration, Jersey City, New Jersey and American Federation of Government Employees, Local 2369
SSA union bulletin apology (FLRA O-AR-1293): Arbitration award stands
A union bulletin at a Social Security Administration office criticized how an employee resolved a grievance. An arbitrator found that the bulletin maligned the employee in violation of the labor agreement and ordered the union to publish and post an apology. The union argued that the award departed…
Kelley Trucking Company
Settlement approved at $100 after remand, alternate release
Kelley Trucking faced a civil penalty proceeding involving a citation under 30 C.F.R. § 48.25(a). After remand, the parties proposed affirming the citation while reducing the original $400 assessment to $100. Judge John J. Morris approved the settlement, affirmed the citation, and assessed the $100…
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.