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.

60,101 decisions and counting · Latest decision October 28, 2026
60,101 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

COMM

National Treasury Employees Union and U.S. Department of Agriculture, Food and Nutrition Service, Midwest Region

Food and Nutrition Service workplace proposals (FLRA 0-NG-1283): Four proposals negotiable

The National Treasury Employees Union sought bargaining over seven proposals for Food and Nutrition Service employees in the Midwest Region. The Authority found proposals for union activity travel expenses and internal review of performance standards negotiable, along with a term linking standards…

February 27, 1987 ·FLRA
Mixed result
COMM

National Treasury Employees Union and Department of Health and Human Services, Region V, Chicago, Illinois

HHS excepted service employees (FLRA 0-NG-1241): Grievance proposal negotiable

The National Treasury Employees Union proposed extending its HHS Region V contract's grievance, adverse action, and arbitration articles to excepted service employees in the bargaining unit. The proposal covered 32 Schedule A employees, most of them attorneys. HHS argued that federal civil service…

February 27, 1987 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 1546 and Department of the Army, Sharpe Army Depot

Sharpe Army Depot shift notice (FLRA 0-NG-1015): Petition dismissed after remand

AFGE Local 1546 negotiated a term requiring two weeks' notice before changing employees' shifts, with an exception for emergencies. The Army disapproved the term, and the Authority initially found it nonnegotiable. After a court remand, the Authority reconsidered the governing work schedule rules…

February 27, 1987 ·FLRA
Upheld
COMM

Veterans Administration Regional Office, Denver, Colorado and American Federation of Government Employees, Local Union 1557

Denver VA grievance travel (FLRA 0-AR-1230): Expenses subject to travel rules

A VA employee stationed about 200 miles from the Denver regional office sought to attend grievance meetings and an arbitration hearing in person. The VA limited his participation in earlier meetings to the telephone and denied official time and travel expenses for the hearing, so he used annual…

February 27, 1987 ·FLRA
Modified
COMM

Department of the Air Force, Warner Robins Air Logistics Center and American Federation of Government Employees, Local 987

Warner Robins overtime grievance (FLRA 0-AR-1223): Make up overtime remedy stands

A Warner Robins Air Logistics Center employee declined a Saturday overtime shift for religious reasons but sought overtime on other days. Management excluded him from all the overtime, including a Sunday shift. An arbitrator found that the employee was entitled to the Sunday work and ordered eight…

February 27, 1987 ·FLRA
Upheld
COMM

International Federation of Professional and Technical Engineers, Local No. 4 and Department of the Navy, Portsmouth Naval Shipyard

Portsmouth Naval Shipyard grievance procedure (FLRA O-NG-1019): Union proposal negotiable

The Navy revised its grievance regulation to bar bargaining unit employees from using the agency administrative grievance procedure. The Portsmouth Naval Shipyard union proposed continued access to that procedure for matters outside the parties' negotiated grievance procedure. The Authority found…

February 26, 1987 ·FLRA
Set aside
ALJ

Lamar Mining Company and Larry Williams, Graham Martin and Williams & Martin Coal Co.

Danny Johnson v. Lamar Mining Company et al. (FMSHRC KENT 87-68-D): Discrimination settlement approved and case dismissed

Danny Johnson filed a Mine Act discrimination proceeding against Lamar Mining Company, Larry Williams, Graham Martin, and Williams & Martin Coal Company. The parties reached a settlement requiring the operator to pay Johnson $5,000 in four equal installments, with the final payment due May 18…

February 26, 1987 ·Paul Merlin ·FMSHRC
Settled
COMM

U.S. Department of Defense, Department of the Air Force, Air Force Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916

Tinker Air Force Base (FLRA 6-CA-50014): Bargaining required before installing replacement degreaser

Tinker Air Force Base installed a replacement vapor degreaser in a unit that restores aircraft engine parts without notifying AFGE Local 916 or bargaining over implementation and arrangements for affected employees. The new machine sat partly in an unventilated pit, near a furnace, and in a draft…

February 26, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2484 and U.S. Army Garrison, Fort Detrick, Maryland

Fort Detrick work schedules (FLRA 0-NG-898): Advance notice terms outside duty to bargain

AFGE Local 2484 negotiated two Fort Detrick provisions requiring advance notice before changes to employees' work schedules. One required two weeks' written notice, and the other required posting a rotation schedule at least one pay period ahead. After a court remand, the Authority reconsidered the…

February 26, 1987 ·FLRA
Upheld
COMM

Bureau of Indian Affairs and National Federation of Federal Employees, Local 243

Bureau of Indian Affairs housing rents (FLRA 0-AR-1195): Refund limited to bargaining unit

At Warm Springs, Oregon, nine Bureau of Indian Affairs employees formally appealed an increase in their government housing rent and won refunds. Another 18 employees sought similar relief through a grievance after they had not filed formal appeals. An arbitrator found that the agency acted…

February 26, 1987 ·FLRA
Modified
ALJ

Staker Paving & Construction Company, Incorporated

Back-up alarm citation affirmed with S&S designation removed

MSHA cited Staker Paving after a front-end loader operated without an audible back-up alarm or an observer, even though maintenance reports had documented the defect. The company admitted the violation and abated it in six days after obtaining a replacement part. Judge John J. Morris found that the…

February 25, 1987 ·John J. Morris ·FMSHRC
Modified
ALJ

U.S. Steel Mining Co., Inc.

Roger Nelson v. U.S. Steel Mining Co., Inc. (FMSHRC WEVA 86-407-D): Two retaliatory actions found and $400 penalty assessed

Roger Nelson raised safety concerns about ventilation tubing and rock dusting at U.S. Steel's Morton Mine. Judge Avram Weisberger found that a foreman intimidated Nelson by falsely accusing him of illegally taking a man trip and later required him to shovel coal after Nelson made protected safety…

February 24, 1987 ·Avram Weisberger ·FMSHRC
Mixed result
ALJ

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

Wilfred Bryant v. Dingess Mine Service et al. (FMSHRC WEVA 85-43-D): Discrimination found after refusal to operate unsafe shuttle car

Wilfred Bryant was laid off shortly after he reported defects in a shuttle car and refused to continue operating it. Judge James A. Broderick found that the safety complaints and refusal were protected activity, and that the layoff was motivated in part by that activity. The judge held Dingess Mine…

February 24, 1987 ·James A. Broderick ·FMSHRC
Mixed result
COMM

Jones Washington Stevedoring Co.

Fall-protection citation withdrawn

Jones Washington Stevedoring employees worked without fall protection on containers stacked 32 feet above a barge deck. The judge found that safety nets were infeasible but that safety belts tied to temporary container anchor points could provide equal protection. He affirmed the serious…

February 24, 1987 ·OSHRC
Mixed result
ALJ

Concrete Products Company

Back-up alarm citation affirmed with $150 penalty

MSHA cited Concrete Products after an inspector found a 35-ton Caterpillar operating without a back-up alarm at a sand and gravel pit. The company admitted the violation and repaired or replaced the alarm the same day. Judge John J. Morris found that the defect had been reported several days…

February 20, 1987 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

Rushton Mining Company

Orders modified and $1,600 in penalties assessed

Rushton Mining's consolidated cases involved three contested orders and a civil-penalty proceeding arising from ventilation, escapeway, coal-dust, and examination issues at the Rushton Mine. Judge James A. Broderick vacated Order No. 2403926 and dismissed its contest, approved a settlement that…

February 20, 1987 ·James A. Broderick ·FMSHRC
Mixed result
COMM

Veterans Administration, Veterans Administration Medical Center, Muskogee, Oklahoma and American Federation of Government Employees, Local 2250

Muskogee VA Medical Center (FLRA 6-CA-50105, 6-CA-50106): Clinical privileges changed without bargaining

The Muskogee VA Medical Center removed significant surgical privileges from two physicians without notifying AFGE Local 2250 or offering to bargain over procedures and arrangements for affected employees. An administrative law judge had recommended dismissing the complaint, reasoning that the…

February 20, 1987 ·FLRA
Set aside
COMM

United States Department of the Treasury, Internal Revenue Service, Houston District and National Treasury Employees Union, Chapter 222

IRS Houston District parking (FLRA 6-CA-30144): Bargaining required after office move

The IRS Houston District moved about 750 employees to the Briarpark office, where parking and transportation options differed from their previous workplaces. NTEU Chapter 222 proposed limits on employee parking charges and on spaces reserved for management. The Authority found that the move…

February 20, 1987 ·FLRA
Modified
COMM

Department of Health and Human Services, Social Security Administration, Great Lakes Program Service Center and American Federation of Government Employees

Social Security Great Lakes center (FLRA 5-CA-60268): Employee addresses ordered disclosed

AFGE requested the names and home addresses of bargaining unit employees at two Chicago Social Security Administration facilities. The agency refused, citing employee privacy, the Privacy Act, and other ways for the union to contact employees. Applying its earlier decision on remand in Farmers Home…

February 20, 1987 ·FLRA
Upheld
COMM

Bureau of the Census and National Treasury Employees Union and American Federation of Government Employees, Local 2782

Census Bureau representation petition (FLRA 3-RO-60013): Withdrawal review denied

The National Treasury Employees Union asked to withdraw its Census Bureau representation petition, and the regional director approved the withdrawal with prejudice. AFGE Local 2782 sought Authority review of that approval. The Authority found no compelling reason to review the regional director's…

February 20, 1987 ·FLRA
Upheld
COMM

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

IRS paycheck delivery (FLRA 0-NG-1244): Three union proposals negotiable

The IRS planned to end routine hand delivery of employee paychecks and savings bonds in favor of direct deposit or mail. NTEU proposed keeping hand delivery, letting employees choose a mailing address, and promptly distributing or providing access to checks received at an IRS office. The Authority…

February 20, 1987 ·FLRA
Set aside
COMM

National Association of Government Employees, Locals R5-177 and R5-82 and Department of the Navy

Navy employee insurance (FLRA 0-NG-1127): Benefits proposal negotiable

NAGE Locals R5-177 and R5-82 proposed life and health insurance eligibility and plan choices for part time Navy employees paid from nonappropriated funds. The Navy argued that these benefits were outside conditions of employment and that the proposal threatened the financial viability of its fund…

February 20, 1987 ·FLRA
Set aside
COMM

Colorado Nurses Association and Veterans Administration Medical Center, Fort Lyons, Colorado

Fort Lyons VA nurses (FLRA 0-NG-1104): Three proposals negotiable, three dismissed

The Colorado Nurses Association sought to bargain over a grievance procedure, nurse schedules, ward reassignments, vacancy preferences, and relief shifts at the Fort Lyons VA medical center. The VA argued that federal medical personnel law broadly excluded its professional staff from bargaining…

February 20, 1987 ·FLRA
Mixed result
ALJ

Western Fuels-Utah, Inc.

Roof-support citation affirmed with $250 penalty

MSHA cited Western Fuels after miner Austin Mullens went about seven feet beyond permanent roof support while trying to retrieve a pan and was killed by a falling rock at the Deserado Mine. Judge Roy J. Maurer found that the conduct violated 30 C.F.R. § 75.200 and was significant and substantial…

February 19, 1987 ·Roy J. Maurer ·FMSHRC
Citations affirmed
ALJ

Tri-Son Mining, Inc.

Discrimination complaint dismissed after settlement

The case was a discrimination proceeding involving Tri-Son Mining, Inc. The complainant asked to withdraw the complaint after the parties reached a mutually agreeable settlement. Judge Gary Melick approved the withdrawal under 29 C.F.R. § 2700.11 and dismissed the case.

February 19, 1987 ·Gary Melick ·FMSHRC
Settled
COMM

Service Employees International Union, Local 556 and Department of the Navy, Navy Exchange, Pearl Harbor, Hawaii

Pearl Harbor Navy Exchange benefits (FLRA O-NG-796): Dental and insurance proposals negotiable

SEIU Local 556 proposed employer paid dental coverage and group insurance eligibility for certain Navy Exchange employees, including regularly scheduled intermittent workers. The Navy argued that the benefits were outside conditions of employment and cited an agency rule excluding intermittent…

February 19, 1987 ·FLRA
Set aside
COMM

Environmental Protection Agency, Region II and American Federation of Government Employees

EPA Region II office move (FLRA 2-CA-20488): Relocation required bargaining

EPA Region II moved 12 Water Resources Section employees without bargaining over how to implement the move and address its effects. The new space had smaller rooms, less storage, and more noise. The Authority had earlier found the change too small to require bargaining, but reconsidered after a…

February 19, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, Council of Locals No. 214 and Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base

Wright-Patterson official time (FLRA 0-NG-1002): Reconsideration denied after settlement

AFGE Council 214 sought full time official time for certain representatives at Wright-Patterson Air Force Base. After a court reversed an earlier Authority ruling and remanded the case, the Air Force withdrew its nonnegotiability allegation and the parties signed an agreement resolving the issue…

February 19, 1987 ·FLRA
Procedural
COMM

Army and Air Force Exchange Service, Oakland Army Base and American Federation of Government Employees, Local 1157

Oakland Army Base license checks (FLRA 9-CA-50111): Policy expansion required bargaining

At Oakland Army Base, the Army and Air Force Exchange Service expanded driver license checks from road drivers to all employees who drove agency vehicles. AFGE Local 1157 learned of the change as collection of employee information began and requested bargaining. The Authority found that the local…

February 18, 1987 ·FLRA
Upheld
COMM

Central Wisconsin Steel Building Erectors, Inc.

Roof fall-protection citation vacated

Central Wisconsin employees installed insulation and metal roof decking on a single-story building 16 to 21 feet above the ground without fall-protection equipment. The judge affirmed a serious personal-protective-equipment citation and assessed $300. The Commission later held that the controlling…

February 18, 1987 ·OSHRC
Citations vacated
ALJ

Elk Creek Coal Corporation

Nine violations affirmed, one citation dismissed, and $1,850 assessed

MSHA charged Elk Creek Coal Corporation with ten violations involving highwall hazards, roof control, emergency communications, methane monitoring, and miner training at the No. 1 Mine. Judge Gary Melick found nine violations proven, including several significant and substantial violations, but…

February 17, 1987 ·Gary Melick ·FMSHRC
Mixed result
ALJ

Consolidation Coal Company

Supplemental order awards $1,563.13 and makes prior decision final

This supplemental decision followed an earlier decision in a discrimination proceeding involving Consolidation Coal Company. The parties agreed on the amounts owed to the complainant under two paragraphs of that earlier decision. Judge Avram Weisberger ordered the company to pay $775.25 in legal…

February 13, 1987 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Duval Corporation

Discrimination complaint dismissed as untimely

Leonardo R. Lamas brought a Mine Act discrimination complaint against Duval Corporation after his employment was terminated in 1983. He filed with MSHA more than two years later and then filed a second complaint with the Commission after MSHA found no violation. Judge Michael A. Lasher, Jr. found…

February 13, 1987 ·Michael A. Lasher, Jr. ·FMSHRC
Procedural
ALJ

Solar Fuel Company, Inc.

One citation vacated, one modified, and $205 assessed

MSHA cited Solar Fuel Company at the Solar No. 10 Mine for electrical equipment near pillar workings, inadequate airflow, and other conditions. Judge Roy J. Maurer vacated Citation No. 2694689, modified Citation No. 2694571 to remove its significant-and-substantial designation, and affirmed the…

February 13, 1987 ·Roy J. Maurer ·FMSHRC
Mixed result
COMM

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

Health Care Financing Administration appraisals (FLRA O-AR-1211): Ratings remedy modified

Two Health Care Financing Administration secretaries challenged their 1985 performance appraisals, which rated them excellent rather than outstanding. An arbitrator sustained their grievances and directed the agency to raise their element scores and overall ratings. The Authority found that the…

February 13, 1987 ·FLRA
Modified
COMM

Panama DOD Employees Coalition and Headquarters 193d Infantry Brigade, Department of the Army, Panama

Army housing in Panama (FLRA O-AR-1200): Vacate notice award stands

The Army notified 68 civilian employees in Panama that they must leave government family housing under a five year rotation rule. An arbitrator found that an earlier allocation system sharing housing between military and civilian employees remained in effect and ordered the vacate notices canceled…

February 13, 1987 ·FLRA
Upheld
COMM

Cleveland Consolidated, Inc.

Electrical citations merged and penalty reduced to $100

Cleveland Consolidated electricians replaced a damaged cable in a narrow, dark corridor while exposed lugs in the same switchbox remained energized at 460 volts or more. An explosion occurred while an employee worked within reach of the energized parts, setting his beard and clothes on fire. The…

February 13, 1987 ·OSHRC
Modified
COMM

Military Entrance Processing Station, Los Angeles, California and American Federation of Government Employees, Local 2866

Los Angeles military processing station (FLRA 8-CA-50566, 8-CA-60005): Union meeting rule required bargaining

The Los Angeles Military Entrance Processing Station changed when union representatives could meet employees and took a filing cabinet used for union records without bargaining with AFGE Local 2866. The Authority found both actions violated the agency's bargaining duty. It ordered restoration of…

February 13, 1987 ·FLRA
Modified
COMM

Florida National Guard, St. Augustine, Florida and National Association of Government Employees, Local R5-107

Florida National Guard union certification (FLRA 4-AC-60011): Review of amendment denial refused

NAGE Local R5-107 sought to change the name on a Florida National Guard representation certification after a merger of local unions. The regional director dismissed the petition because the union had not followed procedures intended to show that the change reflected members' wishes. The union…

February 13, 1987 ·FLRA
Upheld
COMM

International Federation of Professional and Technical Engineers, Local 3 and Naval Sea Systems Command Detachment, PERA (CRUDES), Philadelphia

Naval Sea Systems Command agreement (FLRA 0-NG-1213): Six disapproved terms negotiable

An agency head disapproved six terms in a Philadelphia Naval Sea Systems Command agreement negotiated with IFPTE Local 3. The terms concerned overtime assignments, a facilities improvement committee, steps before discipline, and conflicts involving equal employment opportunity counselors. The…

February 13, 1987 ·FLRA
Set aside
COMM

National Treasury Employees Union and U.S. Customs Service, Northeast Region

Boston Customs rotations (FLRA 0-NG-1180): Five proposals negotiable

After Customs closed its Mystic Terminal container inspection operation in Boston, NTEU proposed rules for work location assignments and rotations of Customs employees. The Authority found that five proposals concerned where already assigned employees would perform their duties and did not bar…

February 13, 1987 ·FLRA
Mixed result
COMM

National Federation of Federal Employees, Local 1945 and U.S. Department of the Interior, Bureau of Land Management

Denver BLM shift plan (FLRA O-NG-1257): Two shift proposal outside duty to bargain

The Bureau of Land Management planned to replace two shifts in its Denver Key Entry Section with one shift. NFFE Local 1945 proposed keeping the early shift and moving the late shift to the agency's new hours. The Authority found that the proposal would determine the number of employees on a…

February 12, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2924 and A. Elayne Severson

Davis-Monthan Air Force Base agreement (FLRA 8-CO-50011): Union ordered to sign

AFGE Local 2924 and Davis-Monthan Air Force Base negotiated a collective bargaining agreement, but the union refused to sign the final written document. The union disputed whether two provisions matched what the parties had agreed to and argued that tentative provisions could still be rejected…

February 12, 1987 ·FLRA
Modified
COMM

Veterans Administration Medical Center, Phoenix, Arizona and American Federation of Government Employees, Local 2382

Phoenix VA Medical Center (FLRA 8-CA-50153): Reconsideration denied

AFGE Local 2382 asked the Authority to reconsider its earlier decision involving the Veterans Administration Medical Center in Phoenix. The union argued that the Authority should have restored the prior working arrangement after an administrative law judge found a past practice. The Authority…

February 12, 1987 ·FLRA
Procedural
COMM

Veterans Administration Central Office and Veterans Administration Regional Office, Denver, Colorado and American Federation of Government Employees, Local 1557

Denver VA performance awards (FLRA 7-CA-60007): Agency ordered to disclose employee names

AFGE Local 1557 requested the names of Denver Veterans Administration employees whose performance ratings and awards appeared on an agency list. The agency supplied the award data with employee names replaced by codes, citing privacy concerns. The Authority found that the union needed the names to…

February 12, 1987 ·FLRA
Modified
COMM

Department of Defense Dependents Schools, Panama Region and Panama Canal Federation of Teachers, Local 29

Panama part-time teacher pay (FLRA 0-AR-1215): Backpay award set aside

A part-time teacher at a Department of Defense school in Panama received half of a full-time salary but said her duties warranted more. An arbitrator found that the school had failed to explain her pay and had skipped an orientation required by the labor agreement. He awarded the difference between…

February 12, 1987 ·FLRA
Set aside
ALJ

Southern Ohio Coal Company

Two orders vacated and one settlement approved

Southern Ohio Coal challenged two enforcement orders at the Martinka No. 1 Mine and faced related civil penalty proposals. Judge Roy J. Maurer vacated one order because the safeguard requiring 24 inches of clearance around coal feeders was a general requirement that should have been adopted through…

February 10, 1987 ·Roy J. Maurer ·FMSHRC
Mixed result
COMM

Hobet Mining & Construction Company

Blasting violation reversed and citation vacated

Hobet Mining and Construction was cited after a blasting crew remained in an open area and a rock struck a crew member about 1,115 feet from the blast. The ALJ found a violation of the blasting-area standard and assessed a $5,000 penalty. The Commission held that the Secretary had not shown that…

February 10, 1987 ·FMSHRC
Citations vacated
ALJ

Marigold Docks, Inc.

Civil penalty settlement approved

Marigold Docks disputed whether a citation had properly been issued to it rather than to the deceased miner's employer. The parties agreed to resolve the civil penalty proceeding for $120 instead of the originally assessed $126. Judge James A. Broderick approved the settlement under the penalty…

February 10, 1987 ·James A. Broderick ·FMSHRC
Settled
COMM

Upright Mining, Inc.

Default order vacated and remanded

Upright Mining faced citations for failing to submit a respirable dust sample and for inadequate roof support, with a proposed civil penalty of $578. An ALJ entered a default order after Upright did not answer a show-cause order, but the Commission found that Upright had filed its response before…

February 10, 1987 ·FMSHRC
Remanded
ALJ

Chaney Creek Coal Corporation

Discrimination complaint settled and dismissed

Steve Collett alleged that Chaney Creek Coal discharged him after he made safety complaints about a shuttle car. The parties settled before the scheduled hearing, with Collett withdrawing his complaint and waiving further claims in exchange for $4,000 paid in two installments. Judge George A…

February 10, 1987 ·George A. Koutras ·FMSHRC
Settled
COMM

Secretary of Labor o/b/o Corbin v. Sugartree Corporation

Corbin claims dismissed after settlement

The Secretary brought a discrimination case on behalf of James Corbin, Robert Corbin, and A.C. Taylor against Sugartree Corporation, Terco, Inc., and Randal Lawson. The Corbin claims were resolved through a settlement that expunged references to their discharges and paid them $50,000 in damages…

February 10, 1987 ·FMSHRC
Procedural
COMM

The Great Lakes Construction Co.

Dump-truck brake citation withdrawn

A loaded Great Lakes Construction dump truck could not stop while descending a steep grade and was driven into a ditch after narrowly missing a bulldozer. The judge found that both rear brakes were inoperative, the foreman knew the brakes were bad, and the service-brake system could not stop the…

February 10, 1987 ·OSHRC
Settled
COMM

American Federation of Government Employees, National Council of SSA Field Operations Locals and Social Security Administration

SSA field office proposals (FLRA 0-NG-1304): Union access negotiable, two proposals dismissed

The union representing Social Security Administration field office employees sought bargaining over three proposals. The Authority rejected a restriction on assigning work to volunteers and student workers because it interfered with management's right to assign work. It also rejected a proposal…

February 10, 1987 ·FLRA
Mixed result
COMM

Federal Union of Scientists and Engineers, NAGE Local R1-144 and Naval Underwater Systems Center

Naval Underwater Systems Center payroll proposals (FLRA 0-NG-1138): Two delivery proposals negotiable

The union proposed that the Naval Underwater Systems Center reimburse employees for losses when direct deposit failed, and mail paychecks and earnings statements to addresses employees chose. The Authority found no statutory authorization for reimbursing employees' resulting bank charges, so it…

February 10, 1987 ·FLRA
Mixed result
COMM

Association of Civilian Technicians and Pennsylvania National Guard

Pennsylvania National Guard arbitration (FLRA 0-AR-1298): Late exceptions dismissed

The Pennsylvania National Guard filed exceptions to an arbitration award issued on December 23, 1986. The Authority calculated that the exceptions had to be mailed and postmarked, or delivered in person, by January 26, 1987. The Guard delivered them in person on January 28. The Authority dismissed…

February 10, 1987 ·FLRA
Procedural
ALJ

Jim Walter Resources, Inc.

Miner transfer found discriminatory

Andy Brackner reported a methane ignition to a union safety committeeman after a foreman said he would not report it to MSHA. Jim Walter Resources then transferred Brackner from an electrician position on a longwall section to an electrician position on a continuous miner section, where overtime…

February 9, 1987 ·James A. Broderick ·FMSHRC
Other
COMM

LTV Steel Company

Partial ruling remanded for reconsolidation

An OSHRC judge granted LTV Steel partial summary judgment and vacated one floor-opening item before resolving the other three contested items. The Commission held that the ruling reached it prematurely because the judge had not found good cause to sever the item and a single Commission member's…

February 9, 1987 ·OSHRC
Remanded
ALJ

Wap Coal Company

Discrimination settlement approved and case dismissed

Nicholas Ramirez brought a discrimination proceeding against Wap Coal Company. The parties filed a settlement agreement and jointly asked the judge to order compliance and dismiss the case. Judge William Fauver approved the motion, required the parties to comply with the settlement, and allowed…

February 6, 1987 ·William Fauver ·FMSHRC
Settled
ALJ

Michael Brunson

Officer assessed individual penalty for brake violation

Michael Brunson was a vice president and the person listed in MSHA records as responsible for health and safety at a sand and gravel company. An employee told him that a front-end loader's brakes were defective about a week before MSHA found the loader operating without adequate brakes. Judge James…

February 6, 1987 ·James A. Broderick ·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.