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

Shawnee Coal Company

Discrimination complaint dismissed

Gerald C. Brunton alleged that Shawnee Coal discharged him after he raised or encountered safety concerns, including equipment with defective brakes and work near an unsafe highwall. The judge found that Brunton did not show he complained about those conditions or refused the work. Instead, the…

February 6, 1987 ·James A. Broderick ·FMSHRC
Other
COMM

American Federation of Government Employees, Local 3231 and Social Security Administration

SSA lunch preparation time (FLRA 0-NG-687): Paid daily extension nonnegotiable

AFGE Local 3231 proposed up to five paid minutes before and after lunch for preparation and cleanup at Social Security Administration offices. After a court remanded an earlier ruling, the Authority sought an advisory opinion from the Office of Personnel Management and examined the proposal under…

February 6, 1987 ·FLRA
Upheld
COMM

Columbia Power Trades Council and Bonneville Power Administration

Bonneville Power wage proposal (FLRA 0-NG-1247): Raise above pay cap nonnegotiable

The Columbia Power Trades Council proposed a 1986 wage increase for employees of the Bonneville Power Administration. The parties agreed that the proposed increase exceeded a statutory pay cap, but the union argued that an earlier contract qualified for an exception. The Authority found that the…

February 6, 1987 ·FLRA
Upheld
COMM

Social Security Administration, Mid-America Program Service Center and American Federation of Government Employees, Local 1336

SSA Mid-America arbitration (FLRA 0-AR-1212): Reconsideration denied

AFGE Local 1336 asked the Authority to reconsider its earlier rejection of exceptions to an arbitration award involving the Social Security Administration's Mid-America Program Service Center. The union again challenged testimony and evidence from the arbitration proceeding. The Authority found…

February 6, 1987 ·FLRA
Procedural
ALJ

Benjamin Coal Company

Miners’ representative notice violation upheld

Benjamin Coal failed to post information identifying the United Mine Workers of America as a representative designated by four miners at its preparation plant. The company argued that the union had not won majority support in an NLRA election and that its representatives were not Benjamin…

February 5, 1987 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Mountaineer Coal Company

Failure to respond made proposed penalties final

Mountaineer Coal failed to comply with a prehearing order in a civil penalty proceeding. Judge William Fauver gave the company until February 3, 1987, to explain why it should not lose its right to a hearing and why the Secretary's proposed penalties should not become final. The company did not…

February 5, 1987 ·William Fauver ·FMSHRC
Procedural
COMM

Department of the Treasury, Financial Management Service and National Treasury Employees Union

Treasury employee addresses (FLRA 3-CA-60380): Disclosure order upheld

The National Treasury Employees Union asked the Treasury Financial Management Service for the names and home addresses of bargaining-unit employees so it could contact them. The agency refused, citing employee privacy and other ways for the union to communicate. Applying a then-recent Authority…

February 5, 1987 ·FLRA
Upheld
COMM

Social Security Administration, Office of Hearings and Appeals and American Federation of Government Employees, Council 215

SSA employee grievance notice (FLRA 3-CA-60120): Union must be told of individual grievance

A Social Security Administration employee filed a grievance over his performance rating without union representation. The agency resolved it through correspondence and did not tell AFGE Council 215 about it. The Authority held that the union's right to be present during the grievance process…

February 5, 1987 ·FLRA
Mixed result
COMM

Department of the Air Force, Griffiss Air Force Base and American Federation of Government Employees, Local 2612

Griffiss Air Force Base contract talks (FLRA 1-CA-50405): Bargaining ordered after failed ratification

AFGE Local 2612 and Griffiss Air Force Base reached a tentative collective bargaining agreement that was subject to a union membership vote. Members rejected it, and the base refused the union's request to resume negotiations. An administrative law judge found that ratification was a condition of a…

February 5, 1987 ·FLRA
Upheld
ALJ

Gilbert Industrial

Discrimination complaint dismissed after settlement

Dan L. Thompson asked to withdraw his discrimination complaint against Gilbert Industrial after the parties reached a settlement. Judge Gary Melick granted permission to withdraw the complaint and dismissed the case. The specific settlement terms were sealed and could be reviewed only by order of…

February 4, 1987 ·Gary Melick ·FMSHRC
Settled
ALJ

U.S. Steel Mining Company, Inc.

Defective belt roller citation affirmed

U.S. Steel Mining was cited after a belt tail roller at its Cumberland Mine operated with damaged bearings that ran hot, smoked, and required repeated cooling and greasing. Judge Gary Melick found that the roller was not maintained in safe operating condition and that the condition was significant…

February 4, 1987 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Paopa Coal Mining Company

Citation affirmed by default with $650 penalty

Paopa Coal Mining Company told the Secretary's counsel that it would not appear at the scheduled civil penalty hearing. Judge William Fauver treated that statement as a withdrawal and waiver of the company's hearing request. The allegations in Citation No. 2303103 were deemed true and incorporated…

February 4, 1987 ·William Fauver ·FMSHRC
Citations affirmed
COMM

Lauhoff Grain Company

Rail-yard protection violation affirmed

Lauhoff operated a private rail switchyard while contractors performed construction near an active spur track. During a blind push, a Lauhoff engine backed six hopper cars into a parked forklift, crushing a contractor's employee between the forklift and a crane and killing him. The Commission held…

February 4, 1987 ·OSHRC
Citations affirmed
COMM

Immigration and Naturalization Service, San Ysidro Port of Entry and American Federation of Government Employees, Local 2805

San Ysidro union penholder (FLRA 8-CA-50367): Inspector may wear union insignia

An Immigration and Naturalization Service inspector at San Ysidro was told to remove a pocket penholder displaying AFGE initials while in uniform. The Authority adopted a judge's finding that forbidding union insignia that did not detract from the uniform interfered with employee union rights. It…

February 4, 1987 ·FLRA
Modified
COMM

Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Council 214

Wright-Patterson computer operator promotions (FLRA 5-CA-50061): Bargaining required for moratorium

The Air Force Logistics Command suspended permanent promotions for certain computer operators while applying a new classification standard. It did not give AFGE Council 214 advance notice and an opportunity to bargain about the moratorium's impact. The Authority found that replacing possible…

February 4, 1987 ·FLRA
Upheld
COMM

Veterans Administration, Veterans Administration Medical Center, Northport, New York and American Federation of Government Employees, Local 1843

Northport VA dues withholding (FLRA 2-CA-40484): Union complaint dismissed

A Northport VA employee was discharged, then reinstated with backpay after a Merit Systems Protection Board decision. AFGE Local 1843 argued that the VA should pay the union dues that would have been withheld during the discharge and resume dues deductions after reinstatement. The Authority found…

February 4, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2298 and Missile Facility Atlantic, Charleston, South Carolina

Missile Facility Atlantic discipline deadline (FLRA 0-NG-1301): Contract provision nonnegotiable

AFGE Local 2298 challenged an agency head's disapproval of a contract provision about the timing of employee discipline. The provision normally required disciplinary action to begin within 30 days of an incident or the agency learning of it, with a possible delay for an investigation. The Authority…

February 4, 1987 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1603 and U.S. Naval Hospital, Patuxent River, Maryland

Patuxent River performance standards (FLRA 0-NG-1217): Reconsidered provision still nonnegotiable

AFGE Local 1603 sought reconsideration of a ruling about performance standards at the Patuxent River Naval Hospital. The agency had failed to serve its position statement on the union, so the Authority reopened the case and considered the union's response. The union said its provision addressed…

February 4, 1987 ·FLRA
Upheld
COMM

Social Security Administration and American Federation of Government Employees, Local 1923

SSA claims adjudicator rating (FLRA 0-AR-1186): Agency ordered to reevaluate

An SSA claims adjudicator challenged her performance appraisal. An arbitrator found that the agency had applied performance standards incorrectly and ordered her rating raised from fully satisfactory to excellent. The Authority agreed that the grievance could be sustained but found that the…

February 4, 1987 ·FLRA
Modified
COMM

Veterans Administration Medical Center, Pittsburgh, Pennsylvania and American Federation of Government Employees, Local 2028

Pittsburgh VA nurse assignment (FLRA 0-AR-1183): Reinstatement award set aside

A nurse at the Pittsburgh VA medical center was moved from a night shift to rotating shifts after a satisfactory performance report that also identified a need for closer supervision. An arbitrator ordered her restored to the night shift and awarded any lost shift differential, relying on the labor…

February 4, 1987 ·FLRA
Set aside
COMM

NAGE Local R-1-185 and Adjutant General of the State of Connecticut

Connecticut National Guard foreman selection (FLRA 0-AR-1177): Selection remedy modified

The Connecticut National Guard advertised an aircraft ordnance foreman position to civilian technicians and active duty military candidates, then selected a military candidate. A civilian technician challenged the process, and an arbitrator ordered a new selection from the original best qualified…

February 4, 1987 ·FLRA
Modified
ALJ

Hydrocarbon Resources Company

Four safety citations affirmed with $4,200 in penalties

Hydrocarbon Resources was cited for failing to provide bulkhead protection during shaft work, maintain an effective underground telephone, ground a water pump, and ground an electrical wire. Judge John J. Morris found all four violations proven and assessed penalties of $3,000 for the bulkhead…

February 3, 1987 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

Fife Rock Products Company, Inc.

Protective equipment citation affirmed after remand

Fife Rock Products' plant manager was using an oxygen-acetylene torch without protective glasses or other protective equipment while cutting holes in a screen. Judge John J. Morris found that the conduct violated 30 C.F.R. § 56.15007 and could have caused blindness or a serious eye injury. The…

February 3, 1987 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

Jim Walter Resources, Inc.

Respiratory dust settlement approved for $60

Jim Walter Resources and the Secretary jointly asked to settle three violations involving respirable dust samples. The operator had submitted the required five samples from each designated occupation, but one sample in each occupation contained oversized particles that could not be analyzed. The…

February 3, 1987 ·Paul Merlin ·FMSHRC
Settled
COMM

Secretary of Labor o/b/o DeLisio v. Mathies Coal Company

Remedy clarification request remanded

The Commission reviewed a request from the Secretary of Labor to clarify the remedy in an ALJ decision involving Mathies Coal's interference with Joseph G. DeLisio's right to accompany federal inspectors. The ALJ had ordered Mathies to let DeLisio drive his private car to the mine portal or provide…

February 3, 1987 ·FMSHRC
Remanded
COMM

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

SSA union official time awards (FLRA O-AR-1210): Harvard training award set aside

An arbitrator resolved several grievances about official time and related expenses for SSA union representatives. One award required the agency to pay tuition, fees, official time, and travel for an employee to attend a Harvard master's program. The Authority set aside that portion because…

February 3, 1987 ·FLRA
Modified
COMM

American Federation of Government Employees and Social Security Administration

SSA arbitration review (FLRA 0-AR-1207): Reconsideration denied

The Social Security Administration sought reconsideration of an Authority decision that had denied its exceptions to an arbitration award while changing one remedy. The agency argued that the decision relied on a mistaken fact, overlooked exceptions, and lacked supporting findings. The Authority…

February 3, 1987 ·FLRA
Procedural
COMM

Immigration and Naturalization Service, San Ysidro Port of Entry and American Federation of Government Employees, Local 2805

San Ysidro union lapel pin (FLRA 8-CA-50544): Inspector's insignia protected

At the San Ysidro port of entry, an Immigration and Naturalization Service inspector wore a small AFGE lapel pin on his uniform. The port director ordered him to remove it because it displayed a union logo. The Authority found that the pin was unobtrusive and had not been shown to interfere with…

February 2, 1987 ·FLRA
Upheld
COMM

Adams Steel Erection, Inc.

Perimeter and safety-net items affirmed, ladderway item vacated

Adams Steel was the steel-erection subcontractor on a multistory Pittsburgh construction project. The Commission affirmed a perimeter-railing item because decking remained temporary until it was welded into the structure as permanent flooring. It vacated a ladderway-opening item because the…

February 2, 1987 ·OSHRC
Mixed result
COMM

Federal Employees Metal Trades Council and Mare Island Naval Shipyard; AFGE Local 1533 and Navy Commissary Stores

Navy new hire pay delivery (FLRA 0-NG-768 and 0-NG-753): Paycheck options negotiable

Two unions proposed that new Navy employees retain the option to receive paychecks by hand instead of only through mail or direct deposit. The Authority had earlier held the proposals outside the duty to bargain, but a court reversed and remanded those rulings. On remand, the Authority found that…

February 2, 1987 ·FLRA
Set aside
COMM

Patent Office Professional Association and Patent and Trademark Office, Department of Commerce

Patent examiner appraisal proposals (FLRA 0-NG-589 and 0-NG-594): Five provisions negotiable

The Patent Office Professional Association challenged the agency's refusal to bargain over many proposed rules for evaluating patent examiners. The Authority drew a line between procedures for applying or recording established standards and rules controlling the content of the standards themselves…

February 2, 1987 ·FLRA
Mixed result
ALJ

U.S. Steel Mining Company, Inc.

Settlement approved with a $20 penalty

U.S. Steel Mining Company faced a civil penalty proceeding involving its Seneca Mine. The Secretary of Labor and the company submitted a settlement agreement, and the company agreed to pay a $20 penalty in full. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty…

January 30, 1987 ·Gary Melick ·FMSHRC
Settled
ALJ

Webster County Coal Corp.

Respirable dust citation affirmed as significant and substantial

Webster County Coal challenged the significant-and-substantial designation on a citation issued after five respirable dust samples averaged 2.1 mg/m3. Judge James A. Broderick held that the violation of the respirable-dust standard was established and that Commission precedent created a presumption…

January 30, 1987 ·James A. Broderick ·FMSHRC
Citations affirmed
COMM

Naval Air Rework Facility, Norfolk, Virginia and International Association of Machinists and Aerospace Workers, Local Lodge 39

Norfolk Naval Air Rework arbitration (FLRA 0-AR-1285): Exceptions sent to wrong office

The machinists union challenged an arbitration award involving the Naval Air Rework Facility in Norfolk. It mailed its exceptions to an old address for the Authority's Atlanta regional office. That office forwarded the papers, but the national office did not receive them until December 29, 1986…

January 30, 1987 ·FLRA
Procedural
ALJ

Utah Power & Light Company, Mining Division

Compensation proceeding history and settlement dispute

The United Mine Workers filed a compensation proceeding for Local Union 1769 miners affected by a withdrawal order at Utah Power & Light's Deer Creek Mine. The parties engaged in discovery, sought stays and continuances, and negotiated a settlement under which 147 miners were paid. The union later…

January 29, 1987 ·FMSHRC
Procedural
ALJ

Glen Irvan Corporation

Settlement approved at $2,700 after bankruptcy filing

Glen Irvan Corporation faced three violations at the Bark Camp Strip, including a highwall and front-end-loader work-area violation, a preshift-examination violation, and a loose highwall-material violation. The decision states that the violations grew out of a fatal fall-of-material accident and…

January 29, 1987 ·James A. Broderick ·FMSHRC
Settled
COMM

American Federation of Government Employees, Local 2369 and Social Security Administration, New York Regional Office

SSA New York picketing case (FLRA 2-CO-20025): Union attorney fees denied

AFGE Local 2369 had prevailed in an unfair labor practice case about picketing in an SSA New York reception area. It then sought attorney fees and expenses under the Equal Access to Justice Act. An administrative law judge found that the government's original case had a reasonable basis in law and…

January 29, 1987 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 65 and Internal Revenue Service

IRS union steward credit hours (FLRA 0-NG-1251): Flexible schedule proposal negotiable

NTEU Chapter 65 proposed that IRS employees serving as union officials be able to request credit hours for attending certain agency-scheduled labor relations meetings during flexible schedule hours. The IRS argued that the proposal conflicted with management rights, official time rules, and the…

January 29, 1987 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 1631 and Veterans Administration Medical Center, Chillicothe, Ohio

Chillicothe VA office and overtime provisions (FLRA 0-NG-1065): Agency disapproval rescinded

The Chillicothe VA Medical Center disapproved contract provisions giving AFGE Local 1631 union office space and setting an order for assigning overtime. The Authority found the office space provision negotiable because the notice and replacement space terms did not conflict with the government…

January 29, 1987 ·FLRA
Set aside
COMM

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

Robins Air Force Base removal arbitration (FLRA 0-AR-1251): Exceptions dismissed for lack of jurisdiction

An arbitrator found just cause for a Robins Air Force Base employee's removal and denied the grievance. AFGE Local 987 filed exceptions with the Authority. The Authority held that the removal was an adverse action covered by 5 U.S.C. § 7512, so the award fell outside its arbitration exception…

January 29, 1987 ·FLRA
Procedural
ALJ

Drummond Company, Inc.

Roof and ventilation settlements approved at $1,950

Drummond Company faced two violations at the Mary Lee No. 1 Mine. A roof bolter began installing bolts before temporary roof supports were in place, and the mine's ventilation plan was not followed because the line brattice was too far from the face, air velocity was below the plan requirement, and…

January 28, 1987 ·Paul Merlin ·FMSHRC
Settled
ALJ

Jim Walter Resources, Inc.

Two orders reduced and $600 settlement approved

Jim Walter Resources faced two contest proceedings and a related civil penalty proceeding at No. 4 Mine. One order alleged that a scoop operator knocked down a ventilation curtain and did not repair it, while the other alleged cleanup under unsupported roof. After the operator was found to have…

January 28, 1987 ·Paul Merlin ·FMSHRC
Settled
COMM

Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base and American Federation of Government Employees, Local 1592

Hill Air Force Base steward discipline (FLRA 7-CA-50596): Complaint dismissed

A union steward at Hill Air Force Base signed a security clearance appeal letter as a "GS-15," although his federal job was classified WG-10. The base suspended him for one day, and the complaint alleged that the discipline targeted protected union activity. An administrative law judge found that…

January 27, 1987 ·FLRA
Upheld
ALJ

Jay Tuft & Company, Inc.

Citation-posting violation affirmed with $50 penalty

Jay Tuft & Company was cited for failing to post a prior citation at the Lapoint Gravel Pit. The company posted the citation at its Midvale office, but the judge found that the Mine Act required posting at the mine site. Judge John J. Morris affirmed the citation, while giving some credit for the…

January 21, 1987 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

West Elk Coal Company, Inc.

Five low-water-shutdown citations vacated

West Elk Coal Company challenged five citations issued after MSHA tested low-water shutdown devices on diesel shuttle cars at the Mt. Gunnison No. 1 Mine. The citations alleged that the devices failed to shut down the engines when scrubber water was depleted, violating the mine's approved…

January 21, 1987 ·George A. Koutras ·FMSHRC
Citations vacated
ALJ

Westmoreland Coal Company

Discrimination complaint dismissed after settlement

The Secretary of Labor filed a discrimination complaint on behalf of Sam Ball, a miners' walkaround representative, against Westmoreland Coal Company. Under the settlement, Westmoreland agreed not to discriminate against miners or miners' representatives in job assignments because of that status…

January 21, 1987 ·James A. Broderick ·FMSHRC
Settled
ALJ

Westmoreland Coal Company

Discrimination complaint dismissed after settlement

The Secretary of Labor filed a discrimination complaint on behalf of Sam Ball, a miners' walkaround representative, against Westmoreland Coal Company. Under the settlement, Westmoreland agreed not to discriminate against miners or miners' representatives in job assignments because of that status…

January 21, 1987 ·James A. Broderick ·FMSHRC
Settled
ALJ

Jim Walter Resources, Inc.

Ventilation-plan violations upheld and $1,750 assessed

Jim Walter Resources operated the No. 7 underground coal mine in Alabama. Judge James A. Broderick found that the operator violated its approved ventilation plan by allowing line brattice to remain more than 10 feet from the deepest point of a face and by allowing methane levels above the plan's…

January 21, 1987 ·James A. Broderick ·FMSHRC
Citations affirmed
COMM

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

Warner Robins arbitration filing (FLRA 0-AR-1255): Agency exceptions dismissed as late

The Warner Robins Air Logistics Center filed exceptions to an arbitration award dated September 11, 1986. The Authority calculated an October 15 deadline for receiving the exceptions at its national office. They arrived there on October 27. Because the filing was late, the Authority dismissed the…

January 21, 1987 ·FLRA
Procedural
COMM

A.H. Beck Foundation Company, Inc.

Drilling-rig crane citation vacated

A.H. Beck used a modified Northwest Model 41 machine to drill foundation piers and to lift reinforcing steel and casing into the holes. OSHA cited the company for failing to barricade the machine's rotating swing radius under the construction crane standard. The judge treated the machine as a crane…

January 20, 1987 ·OSHRC
Citations vacated
COMM

22 Combat Support Group, March Air Force Base and American Federation of Government Employees, Local 3854

March Air Force Base suitability checks (FLRA 8-CA-50132): Bargaining opportunity required

March Air Force Base planned new National Agency and Local Agency checks for certain employees, including people in positions of trust. AFGE Local 3854 asked to bargain about the change before it took effect. The Authority adopted an administrative law judge's finding that the base implemented the…

January 20, 1987 ·FLRA
Upheld
COMM

United States Customs Service, Washington, D.C., and United States Customs Service, Pacific Region and National Treasury Employees Union

Customs Service radio entry test (FLRA 8-CA-40453): Bargaining violation upheld

The Customs Service began a radio preliminary entry test in its Pacific Region that allowed some vessels to start operations before a Customs Inspector boarded. The Authority found a foreseeable effect on inspectors' duties and overtime and held that the agency had to bargain with the National…

January 20, 1987 ·FLRA
Upheld
COMM

Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council, AFL-CIO

Norfolk Naval Shipyard facial hair policy (FLRA 34-CA-50389): Complaint dismissed

Norfolk Naval Shipyard required respirator qualified Shop 07 employees to stay clean shaven where a respirator seals against the face. The union alleged that this changed an established practice without notice or bargaining. The judge found no proof that management knowingly accepted a contrary…

January 20, 1987 ·FLRA
Upheld
COMM

Congressional Research Employees Association and Library of Congress, Congressional Research Service

Congressional Research Service contract proposals (FLRA 0-NG-723): Bargaining ordered on selected terms

The Congressional Research Employees Association sought bargaining over proposals covering reductions in force, employee placement, representation, and other working conditions at the Congressional Research Service. The Authority found several protections negotiable, including considering…

January 20, 1987 ·FLRA
Mixed result
COMM

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

SSA supplemental agreement arbitration (FLRA 0-AR-1167): One award provision set aside

The Social Security Administration and AFGE challenged parts of an arbitrator's award resolving a bargaining impasse over a supplemental agreement. The Authority set aside a provision allowing pregnant video display terminal operators to transfer on request. The agency had disputed whether that…

January 20, 1987 ·FLRA
Modified
ALJ

Jim Walter Resources, Inc.

Underground rail safeguard citation upheld

Jim Walter Resources contested a safeguard citation concerning underground rail traffic at its Bessie Mine. The Judge found that the mine's radio-only system did not adequately control collision risk because vehicles used a single track with steep grades, blind spots, and conditions that could…

January 15, 1987 ·Avram Weisberger ·FMSHRC
Citations affirmed
COMM

Federal Prison System, Federal Correctional Institution, Petersburg, Virginia and American Federation of Government Employees, Council of Prison Locals, Local 2052

Petersburg prison investigation interviews (FLRA 34-CA-50274 and 34-CA-50311): Union representation violations upheld

At the federal correctional institution in Petersburg, employees sought union representation during investigative interviews they believed could lead to discipline. The prison refused some union designated representatives, including a union attorney. The Authority adopted the judge's findings that…

January 15, 1987 ·FLRA
Mixed result
COMM

International Association of Machinists and Aerospace Workers, Lodge 2424 and Department of the Army, Aberdeen Proving Ground, Maryland

Aberdeen Proving Ground union dues (FLRA 0-NG-1263): Bargaining required on resuming deductions

Machinists Lodge 2424 proposed rules for withholding union dues when Aberdeen Proving Ground employees leave and later return to the bargaining unit. The Authority held that dues withholding must stop when an employee leaves the unit, including during a short temporary promotion to a supervisory…

January 15, 1987 ·FLRA
Mixed result
COMM

International Brotherhood of Electrical Workers, Local Union 1245 and Department of the Interior, Bureau of Reclamation

Bureau of Reclamation bargaining proposals (FLRA 0-NG-1207): Union petition dismissed

IBEW Local 1245 sought to bargain with the Bureau of Reclamation over reduction in force rules, agency vehicle rules, and a wage increase. The Authority found the first proposal either moot or inconsistent with government regulations, depending on which rules the union meant. It dismissed the…

January 15, 1987 ·FLRA
Mixed result
ALJ

Falcon Coal Company

Discrimination complaint dismissed

Dairl Eddington alleged that Falcon Coal Company discriminated against him when it disqualified him for a mine position that was later filled by a superintendent's relative. Judge Roy J. Maurer treated the company's response as a motion to dismiss and accepted the complaint's well-pleaded facts for…

January 14, 1987 ·Roy J. Maurer ·FMSHRC
Procedural

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.