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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ALJ

Kelley Trucking Company

Settlement approved at $100 after remand

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 found the settlement reasonable and in the public interest, approved…

May 26, 1987 ·John J. Morris ·FMSHRC
Settled
ALJ

Sanger Rock & Sand

Moving-parts citation vacated

MSHA alleged that a V-belt drive at Sanger Rock & Sand's open-pit facility was not guarded as required by 30 C.F.R. § 56.14001. Judge August F. Cetti found that the Secretary did not prove a reasonable possibility that anyone could contact the moving machine part, and did not establish that the…

May 22, 1987 ·August F. Cetti ·FMSHRC
Citations vacated
ALJ

Jim Walter Resources, Inc.

Respiratory-dust citations affirmed with $1,750 in penalties

Jim Walter Resources faced 11 citations across several mines for excessive respirable-dust concentrations. The parties stipulated that the cited conditions violated 30 C.F.R. §§ 70.100(a) or 70.101, and that respirators were made available to employees. Judge Paul Merlin held that providing…

May 22, 1987 ·Paul Merlin ·FMSHRC
Citations affirmed
COMM

Maxwell Air Force Base and American Federation of Government Employees, Interdepartmental Local No. 997

Maxwell Air Force Base rotating shifts (FLRA O-AR-1332): Grievance denial stands

Three Maxwell Air Force Base computer operators challenged rotating shift assignments and sought permanent day shifts. An arbitrator found that the labor agreement and their position descriptions allowed rotating shifts, and that earlier day-shift assignments did not create a binding past practice…

May 22, 1987 ·FLRA
Upheld
COMM

Association of Civilian Technicians and Pennsylvania National Guard

Pennsylvania National Guard arbitration filing (FLRA O-AR-1298): Exceptions timely, case reopened

The Authority had dismissed the Pennsylvania National Guard’s exceptions to an arbitration award as late. The Guard produced a postmarked envelope showing the award was mailed three days after its stated date. The Authority held that the filing clock ran from service and included five additional…

May 22, 1987 ·FLRA
Procedural
COMM

Matter of Teklay

Legalization filing deadline clarified

The Board reconsidered an earlier order that had continued a deportation appeal while the respondent pursued legalization under the Immigration Reform and Control Act of 1986. It clarified that the respondent and similarly situated applicants were required to meet a 30-day filing period only when…

May 22, 1987 ·BIA
Procedural
COMM

American Federation of Government Employees, Local 1974 and Department of the Air Force, Headquarters 3415th Air Base Group, Lowry Air Force Base, Colorado

Lowry Air Force Base commissary proposals (FLRA O-NG-1322): Petition dismissed

As Lowry Air Force Base expanded commissary hours to Sundays, the union proposed seven days’ notice for any changed tour of duty and noncompetitive placement of part-time employees in new full-time jobs. The Authority held that an absolute seven-day notice rule would block schedule changes…

May 21, 1987 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Five injury-reporting settlements approved at $2,500

Consolidation Coal faced five alleged violations of 30 C.F.R. § 50.20(a) for failing to report occupational injuries as required. The original assessment was $150 for each violation, but the parties proposed settlements of $500 each. Judge Paul Merlin approved the settlements after considering the…

May 20, 1987 ·Paul Merlin ·FMSHRC
Settled
ALJ

Consolidation Coal Company

Part 50 settlement approved at $5,000

Consolidation Coal faced 10 alleged violations of 30 C.F.R. Part 50 across six dockets. The parties disputed how Part 50 applied, but the operator agreed to comply with MSHA's interpretation and consented to findings of the alleged violations for settlement purposes without admitting liability…

May 20, 1987 ·James A. Broderick ·FMSHRC
Settled
ALJ

Kelso Coal Company, Inc.

Default order entered for $340 in penalties

Kelso Coal failed to respond to a show-cause order issued after it did not comply with a prehearing order. Judge William Fauver deemed the company in default and found that it waived its right to a hearing. The proposed civil penalties were made final, and the company was ordered to pay $340 within…

May 20, 1987 ·William Fauver ·FMSHRC
Procedural
ALJ

Peabody Coal Company

Discrimination settlement approved and case dismissed

The Secretary reported that David Ward had received or would receive all relief sought in his discrimination case against Peabody Coal. The assessed $1,000 penalty had also been paid. Judge Roy J. Maurer found the settlement consistent with the purposes and spirit of the statute, approved it, and…

May 20, 1987 ·Roy J. Maurer ·FMSHRC
Settled
COMM

Department of Health and Human Services, Social Security Administration, Field Operations, New York Region and American Federation of Government Employees

SSA New York personnel records (FLRA 2-CA-40303): Privacy Act issue remanded

The union requested time and attendance records, performance reviews, and related employee records from several Social Security Administration offices. The Authority had dismissed the unfair labor practice complaint, but a federal appeals court held that the union sufficiently explained its need…

May 20, 1987 ·FLRA
Remanded
COMM

American Federation of Government Employees, Local 1858 and U.S. Army Missile Command, U.S. Army Test, Measurement, and Diagnostic Equipment Support Group, and U.S. Army Information Systems Command, Redstone Arsenal Commissary

Redstone Arsenal contract review (FLRA 0-NG-1148): Two provisions restored

The Army disapproved several provisions of a local agreement with AFGE Local 1858. The Authority upheld provisions on selecting a union approved grievance representative and giving the union access to completed merit promotion selection data for a formal complaint. It rejected a blanket disclosure…

May 20, 1987 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 1738 and Veterans Administration Medical Center, Salisbury, North Carolina

Salisbury VA Medical Center proposals (FLRA 0-NG-1070): Some bargaining ordered

AFGE Local 1738 sought bargaining over several proposals at a VA medical center. The Authority found negotiable a requirement to consider union nominees for committees, notice identifying supervisors, leave requests to immediate supervisors, consultation about emergency absences, and prompt filling…

May 20, 1987 ·FLRA
Mixed result
COMM

Veterans Administration, Winston-Salem, North Carolina and American Federation of Government Employees, Local 2880

VA Winston-Salem claims examiner selection (FLRA 0-AR-1269): Backpay remedy struck

An arbitrator found nonmerit irregularities in a VA claims examiner selection and awarded the grievant a retroactive promotion, backpay, and attorney fees. He also found it impossible to determine whether the employee would have been promoted without the irregularities. The Authority held that the…

May 20, 1987 ·FLRA
Modified
ALJ

Valley Camp Coal Company (Donaldson Mining Company)

Valley Camp Coal Company (FMSHRC WEVA 87-79-D): Discrimination complaint dismissed after settlement

The Secretary of Labor, on behalf of Ronald G. Nelson, sought to withdraw a discrimination complaint against Valley Camp Coal Company, identified in the decision as Donaldson Mining Company. The request stated that the parties had reached a mutually agreeable settlement, and Nelson consented to the…

May 19, 1987 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Peabody Coal Company

Cab-and-canopy citations affirmed for $2 total

Peabody Coal contested two citations involving a continuous haulage system at Camp No. 11 Underground Mine. Judge William Fauver found that the cited equipment operators were subject to the cab-and-canopy requirement in 30 C.F.R. § 75.1710-1, even though the system included components that operated…

May 19, 1987 ·William Fauver ·FMSHRC
Citations affirmed
COMM

National Center for Toxicological Research and American Federation of Government Employees, Local 3393

Toxicological Research contracting decision (FLRA 0-AR-1261): Procurement remedy narrowed

The National Center for Toxicological Research decided to contract out maintenance and operations work. An arbitrator found defects in the procurement process and ordered reconstruction. The Authority held that a remedy could rest on violations of mandatory, specific requirements for…

May 19, 1987 ·FLRA
Modified
COMM

American Federation of Government Employees, Local 2324 and Department of the Army, Headquarters, 1st Infantry Division, Fort Riley, Kansas

Fort Riley vehicle smoking proposal (FLRA 0-NG-1334): Bargaining ordered

The union proposed an exception to the Army’s smoking policy for military vehicles. The Army argued that smoking in those vehicles could expose nonsmokers, including people outside the bargaining unit, and that its health policy barred bargaining. Applying an earlier decision on the same…

May 14, 1987 ·FLRA
Set aside
COMM

Air Force Logistics Command and American Federation of Government Employees, Council 214, AFLC Locals

Air Force Logistics Command reprimand (FLRA 0-AR-1296): Award stands

An arbitrator found that an Air Force Logistics Command employee used a phone after being told not to do so and upheld a reprimand for insubordination. The union argued that the employee’s right to representation had been violated at the meeting. The arbitrator concluded that the representation…

May 14, 1987 ·FLRA
Upheld
COMM

Office of Assistant Secretary for Health, U.S. Public Health Service and American Federation of Government Employees, Local 41

Public Health Service reassignment (FLRA 0-AR-1294): Grievance denial stands

The Public Health Service abolished an employee’s GS-15 position and assigned him to a GS-14 position. An arbitrator rejected claims that the reduction in force, retention rights, and refusal to detail him to an international organization violated applicable requirements. The union alleged errors…

May 14, 1987 ·FLRA
Upheld
ALJ

Dingess Mine Service, Winchester Coals, Inc., Mullins Coal Company, Joe Dingess and Johnny Dingess

Dingess Mine Service and others (FMSHRC WEVA 85-43-D): Back pay and fees awarded after discrimination ruling

Judge James A. Broderick had previously found that Wilfred Bryant was laid off for activity protected under the Mine Act and that Dingess Mine Service and Joe and Johnny Dingess were liable for the discriminatory layoff. In this supplemental decision, the judge approved nine days of back pay and…

May 13, 1987 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Jim Walter Resources, Inc.

Settlement approved with $723 penalty

Jim Walter Resources, Inc. submitted a joint motion with the Secretary of Labor to approve settlements for three violations at the No. 4 Mine. The originally assessed penalties totaled $815, and the proposed settlements totaled $723. The operator agreed to pay the original assessments of $294 and…

May 13, 1987 ·Paul Merlin ·FMSHRC
Settled
ALJ

Bull Run Mining Company, Incorporated

Bull Run Mining Company (FMSHRC WEVA 86-272): Settlement approved at $200 for belt fire-protection citation

Bull Run Mining Company conceded a section 104(d)(1) citation alleging that it failed to provide two branch water lines for several belt head drives at the Meredith Mine. The original proposed penalty was $500, but the parties proposed a $200 settlement because the mine had installed…

May 12, 1987 ·George A. Koutras ·FMSHRC
Settled
ALJ

Brian Lackey Concrete

17 citations affirmed with $85 total penalty

Brian Lackey Concrete conceded that 17 violations occurred at its small placer sand and gravel mine, leaving the amount of the penalties as the only issue. The parties stipulated that three violations were non-serious, 14 were serious, negligence was moderate, and the operator promptly abated the…

May 12, 1987 ·Michael A. Lasher, Jr. ·FMSHRC
Citations affirmed
ALJ

Chaney Creek Coal Corporation

Reinstatement and discrimination relief ordered

Judge Gary Melick had previously found that Chaney Creek Coal Corporation discriminated against Ronald Tolbert in violation of section 105(c)(1) of the Mine Act. This supplemental order required the company to offer Tolbert employment and to pay $14,452.85 in back pay and interest through April 8…

May 12, 1987 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 2006 and Social Security Administration, Mid-Atlantic Program Service Center, Philadelphia, Pennsylvania

SSA Philadelphia arbitration appeal (FLRA 0-AR-1308): Exceptions dismissed for missing award

The union challenged an arbitration award involving the SSA’s Mid-Atlantic Program Service Center. The Authority notified it that the exceptions lacked the legible copy of the award required by its rules and gave it 13 days to correct the filing. The union made no submission within that period. The…

May 12, 1987 ·FLRA
Procedural
COMM

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

SSA New York union bulletin (FLRA 0-AR-1258): Retraction award stands

A union bulletin said an SSA district manager had been found guilty of four unfair labor practices. An arbitrator found that the underlying charges had been settled informally, that the bulletin contained false and misleading claims, and that it violated the labor agreement’s ban on maligning an…

May 12, 1987 ·FLRA
Upheld
COMM

Department of Health and Human Services, Social Security Administration and American Federation of Government Employees

SSA field operations employee addresses (FLRA 3-CA-60554): Disclosure ordered

AFGE requested home addresses of bargaining unit employees in SSA field operations so it could communicate directly about representation issues. SSA refused, citing other ways to reach employees and the Privacy Act. The Authority held that disclosure was required under its prior ruling and that the…

May 11, 1987 ·FLRA
Upheld
COMM

Air Force Logistics Command, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916

Tinker Air Force Base arbitration filing (FLRA 0-AR-1359): Exceptions one day late

The union filed exceptions to a Tinker Air Force Base arbitration award. Applying the statutory filing period and its time-computation rules, the Authority determined that the exceptions had to be postmarked by April 27, 1987. They were postmarked April 28. It dismissed the filing as untimely…

May 8, 1987 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1622 and Department of the Army, Fort George G. Meade

Fort Meade dining facility surcharge (FLRA 0-NG-974): Proposal negotiable

AFGE Local 1622 proposed that employee meals at a Fort Meade Army hospital dining facility carry no surcharge beyond the food rate. The Army argued that meals were outside conditions of employment and that federal law or agency regulations required the surcharge. The Authority majority found that…

May 7, 1987 ·FLRA
Set aside
ALJ

Emko Corporation

Settlement information required before approval

Emko Corporation and the Secretary submitted a joint motion to withdraw pleadings involving four violations. The judge found that vacating one citation and requiring the operator to pay the original $300 assessments for two others appeared proper, but the parties gave no factual support for…

May 6, 1987 ·Paul Merlin ·FMSHRC
Procedural
ALJ

Phelps Dodge Corporation, Tyrone Branch

Proposed settlement rejected and hearing ordered

Phelps Dodge faced a citation after a pipe-stacking accident at the Tyrone Mine and Mill in which one worker died from injuries and another suffered a broken leg. The parties proposed resolving the citation for the original assessed penalty of $192, but Judge Paul Merlin found that the record…

May 6, 1987 ·Paul Merlin ·FMSHRC
Procedural
COMM

General Services Administration and American Federation of Government Employees, National Council 236

GSA regional reorganization grievance (FLRA 0-AR-1243): Arbitrability upheld

AFGE challenged GSA’s regional reorganization under a contract provision requiring compliance with applicable rules, including an OMB circular. An arbitrator decided that the grievance could proceed but did not rule on whether the reorganization violated the agreement. GSA argued that its statutory…

May 6, 1987 ·FLRA
Upheld
ALJ

Columbia Portland Cement Company

Settlement approved at $1,000 for lockout citation

Columbia Portland Cement faced a citation after an electrician entered a kiln precipitator hopper while a screw conveyor was running and the electrical switch had not been deenergized or locked out. The proposed penalty was reduced from $2,000 to $1,000 because the employee did not intend to enter…

May 5, 1987 ·George A. Koutras ·FMSHRC
Settled
ALJ

Grateside Coals, Inc.

Default judgment assesses $2,444 in penalties

Grateside Coals did not answer civil penalty proposals covering 25 citations in two dockets, totaling $2,444. The company also failed to respond to an order to show cause after receiving it. Judge George A. Koutras found the company in default, held that it waived its right to a hearing, and…

May 5, 1987 ·George A. Koutras ·FMSHRC
Procedural
ALJ

Ohio River Collieries

Amended settlement approved at $690

Ohio River Collieries had proposed settlements totaling $690 for violations originally assessed at $1,000. Judge Paul Merlin reopened the earlier settlement decision under 29 C.F.R. § 2700.65(c) because of a clerical error, found that the motion addressed the statutory penalty criteria, and…

May 1, 1987 ·Paul Merlin ·FMSHRC
Settled
COMM

American Federation of Government Employees, Council 157 and Department of the Treasury, U.S. Mint

U.S. Mint negotiability filing (FLRA O-NG-1319): Reconsideration denied

AFGE Council 157 sought reconsideration after the Authority dismissed its negotiability petition as one day late. The union argued that a certified letter dated August 14 could not have been mailed that day because it arrived six days later at a nearby address. The Mint supplied records and…

April 30, 1987 ·FLRA
Procedural
COMM

Wilmot Mining Company

Training citation vacated, ROPS and brake findings affirmed

Wilmot Mining operated a surface coal mine where a front-end loader overturned and killed superintendent John Schrock. The Commission held that the Secretary did not prove the annual refresher-training violation because the record did not establish the employees' training histories or whether…

April 30, 1987 ·FMSHRC
Mixed result
COMM

Youghiogheny & Ohio Coal Company

Default label rejected, ventilation violations and penalties affirmed

Youghiogheny & Ohio Coal Company operated the underground Nelms No. 2 coal mine in Ohio. MSHA inspectors found air recirculation, coal dust, and methane on two sections and cited violations of the mine ventilation standard. The ALJ found the violations significant and substantial and assessed…

April 30, 1987 ·FMSHRC
Citations affirmed
COMM

Department of the Interior; Bureau of Reclamation, Lower Colorado Dams Project, Boulder City, Nevada; and American Federation of Government Employees, Local 1978

Bureau of Reclamation crediting plans (FLRA 9-CA-40223): Complaint dismissed

AFGE Local 1978 asked the Bureau of Reclamation for all promotion crediting plans while bargaining over a revised merit promotion plan. Interior directed the Bureau not to release them. The Authority held that the plans’ content was outside the duty to bargain and that a blanket request, unrelated…

April 30, 1987 ·FLRA
Set aside
COMM

U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management and National Council of Field Labor Locals, American Federation of Government Employees

DOL inspector interview recordings (FLRA 4-CA-50152): Union disclosure ordered

The union sought recordings or transcripts of interviews from an investigation that led to a coal mine inspector’s suspension. It said the witness affidavits it had received omitted details needed to test the charges and prepare the grievance. The Authority found most requested interviews necessary…

April 30, 1987 ·FLRA
Upheld
COMM

Department of Health and Human Services, Social Security Administration and American Federation of Government Employees

SSA early EEO settlement project (FLRA 3-CA-50448): Bargaining required

SSA introduced a pilot process for trying to settle employee EEO complaints before formal investigation, after telling AFGE the project was for information only and declining to bargain. An administrative law judge found that the project changed conditions of employment. The Authority majority…

April 30, 1987 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Region II, New York and National Treasury Employees Union, Chapter 218

HHS New York timekeeping change (FLRA 2-CA-60162): Bargaining ordered

HHS Region II changed timekeeping procedures for Office for Civil Rights employees in New York. An administrative law judge found that the agency had refused to negotiate the change with NTEU Chapter 218. The Authority adopted the judge’s findings and order, and expressly added bargaining on…

April 30, 1987 ·FLRA
Modified
COMM

U.S. Department of Justice, U.S. Marshals Service, District of New Jersey and American Federation of Government Employees, International Council of U.S. Marshals Service Locals

New Jersey Marshals Service union meeting (FLRA 2-CA-60107): Violations affirmed

Union representatives came to meet unit employees about a grievance before arbitration. An administrative law judge found that a Marshals Service official prevented the meeting and physically assaulted a union representative. The Authority adopted the judge’s findings and rejected the agency’s…

April 30, 1987 ·FLRA
Upheld
COMM

Service Employees International Union, Local 556 and Department of the Navy, Marine Corps Exchange, Kaneohe Bay, Hawaii

Kaneohe Bay exchange grievance access (FLRA 0-NG-953): Intermittent employee term restored

A Marine Corps Exchange agreement limited grievance access during an initial employment period. The Authority held that the part concerning probationary employees was outside the duty to bargain because it conflicted with management rights and the statutory exclusion of appointment matters. It…

April 30, 1987 ·FLRA
Mixed result
COMM

National Association of Government Employees, Local R7-23 and Department of the Air Force, Headquarters 375th Air Base Group, Scott Air Force Base, Illinois

Scott Air Force Base leave and reduction rules (FLRA 0-NG-933): Both proposals negotiable

The union proposed applying reduction-in-force principles to nonfault separations or downgrades and preserving accrued annual leave hours when an employee changes grade. The Air Force argued that these terms conflicted with management rights and agency regulations for nonappropriated fund…

April 30, 1987 ·FLRA
Set aside
COMM

Fort Knox Teachers Association and Fort Knox Dependent Schools

Fort Knox teacher sabbaticals (FLRA 0-NG-876): Travel leave negotiable, reinstatement not

The teachers’ union proposed one-year paid sabbaticals after ten years of service, including leave for travel, followed by reinstatement to each teacher’s original position. The Authority majority found that the school system had discretion over the travel leave benefit and ordered bargaining on…

April 30, 1987 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 1799 and U.S. Army, Aberdeen Proving Ground, Maryland

Aberdeen Proving Ground work rules (FLRA 0-NG-1281): Three provisions restored

The Army disapproved three provisions negotiated at Aberdeen Proving Ground. The Authority found a normal one-week notice rule for changed tours of duty consistent with legal exceptions for urgent agency needs. It also upheld a rule to arrange periodic travel during regular hours when practicable…

April 30, 1987 ·FLRA
Set aside
COMM

International Brotherhood of Electrical Workers, Local 611 and U.S. Department of the Interior, Bureau of Reclamation, Rio Grande Project

Rio Grande Project Sunday premium pay (FLRA 0-NG-1161): Bargaining ordered

Operations and maintenance employees at the Elephant Butte Dam and Powerplant had historically received Sunday premium pay. The Bureau sought to end the practice, arguing that it was not prevailing in the local wage area and thus could not be negotiated. The Authority held that the special law…

April 30, 1987 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Local 1827 and Defense Mapping Agency, Aerospace Center

Defense Mapping Agency eye care (FLRA 0-NG-1134): Three proposals negotiable

The union proposed eye care and safety measures for Defense Mapping Agency employees. The Authority held that the agency could not be required to fund routine eye treatment or private examinations unrelated to workplace injury, so it rejected Proposal 1. It found Proposals 2 through 4 negotiable…

April 30, 1987 ·FLRA
Mixed result
COMM

National Federation of Federal Employees, Local 1461 and Department of the Navy, U.S. Naval Observatory

Naval Observatory appraisal provisions (FLRA 0-NG-1075): Petition dismissed

The union challenged Navy disapproval of provisions concerning the number of critical job elements and the criteria for overall performance ratings at the Naval Observatory. The Authority held that limiting critical elements would restrict management’s right to identify what work is critical. It…

April 30, 1987 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1454 and Veterans Administration

VA adjudication performance proposals (FLRA 0-NG-1041): Petition dismissed

The union proposed bargaining over employee participation in revised VA adjudication performance standards and over methods for measuring timeliness. The Authority dismissed Proposal 1 without prejudice because the parties had a threshold bargaining dispute, not a legal negotiability issue ready…

April 30, 1987 ·FLRA
Upheld
COMM

International Federation of Professional and Technical Engineers, Local 12 and Department of the Navy, Puget Sound Naval Shipyard

Puget Sound travel advances (FLRA 0-NG-1003): Bargaining order partly rescinded

The Authority had ordered the Navy to bargain on maintaining travel advances at 90 percent of estimated expenses. The Navy later pointed to a government-wide travel regulation in effect before that ruling that made the proposed amount inconsistent with the rules. The Authority waived the…

April 30, 1987 ·FLRA
Upheld
COMM

Norfolk Naval Shipyard, Portsmouth, Virginia and Tidewater Virginia Federal Employees Metal Trades Council

Norfolk Naval Shipyard overtime grievance (FLRA 0-AR-1327): Award stands

A shipyard employee claimed he had not received a fair share of overtime and sought backpay. An arbitrator found that the shipyard adequately explained the assignments and had not violated the labor agreement. He declined to admit a union exhibit offered during closing argument because he found it…

April 30, 1987 ·FLRA
Upheld
COMM

Panama Canal Commission and International Organization of Masters, Mates and Pilots, Panama Canal Pilots Branch

Panama Canal bargaining proposals (FLRA 0-AR-1273): Seven-day contract deadline enforced

The Panama Canal Commission revised its alcohol and drug prevention program, and the pilots’ union submitted five timely bargaining proposals. It sent additional proposals about a month later. An arbitrator found that the labor agreement required specific proposals within seven days of the…

April 30, 1987 ·FLRA
Upheld
COMM

Health Care Financing Administration and American Federation of Government Employees, Local 1923

HCFA performance progress review (FLRA 0-AR-1249): Reevaluation permitted

After a reorganization, a Health Care Financing Administration employee received a poor progress review based on standards for a position whose classification paperwork was not yet complete. An arbitrator voided the review under the labor agreement. The Authority agreed it could be voided but held…

April 30, 1987 ·FLRA
Modified
COMM

Department of Health and Human Services, Social Security Administration and American Federation of Government Employees

SSA arbitration reconsideration (FLRA 0-AR-1213): Agency request denied

SSA sought reconsideration of an Authority decision denying its exceptions to an arbitration award. It asked the Authority to await an appeal in another case that SSA said raised similar issues. The Authority found no extraordinary circumstances and characterized the request as disagreement with…

April 30, 1987 ·FLRA
Procedural
COMM

Department of Health and Human Services, Social Security Administration and American Federation of Government Employees

SSA arbitration reconsideration (FLRA 0-AR-1208): Agency request denied

SSA asked the Authority to reconsider its decision denying exceptions to an arbitrator’s award and to stay that decision. It argued that a related appeal in another case might resolve the underlying issues and avoid overlapping proceedings. The Authority found no extraordinary circumstances for…

April 30, 1987 ·FLRA
Procedural
ALJ

John Ervin Paugh v. Mettiki Coal Corporation

Discrimination complaint dismissed

John Ervin Paugh alleged that Mettiki Coal Corporation discharged him because he raised safety concerns about ventilation and roof-bolting procedures. Mettiki maintained that it discharged him for fighting with another miner underground. Judge George A. Koutras found that management reasonably…

April 29, 1987 ·George A. Koutras ·FMSHRC
Other

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.