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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
National Treasury Employees Union and Department of Energy
Reduction in force information report negotiable
The union proposed a report about employees affected by a reduction in force. The Energy Department argued that the report exceeded information it was statutorily required to provide. The Authority held that the statutory disclosure rule sets a minimum and permits bargaining for additional lawful…
NFFE Local 2059 and U.S. Attorney’s Office Southern District of New York
One negotiated provision approved and one rejected
The agency head disapproved two provisions of a local agreement. The Authority found that the first did not interfere with the management rights cited by the agency, but that the second improperly limited management’s response to emergencies. It ordered rescission of the disapproval of Provision 1…
Greenwich Collieries
Penalty case dismissed after MSHA vacated its order
MSHA proposed a $1,000 penalty against Greenwich Collieries based on a ventilation-plan order at its No. 2 Mine. At the hearing, the Secretary said the order had been vacated because the inspector used the wrong standard and the cited condition did not violate the approved ventilation plan. The…
Emery Mining Corporation
Roof and rib contests dismissed
MSHA cited Emery Mining for inadequate roof support and an unstable coal rib along a track at its Deer Creek Mine. Judge John J. Morris credited the inspector's account that roof bolts had lost bearing plates and that the rib was fractured and undercut near a place miners used. He found both…
Bon Trucking Company, Inc.
Mine-safety cases settled for $50,000
MSHA issued citations and orders after a roof fall at Bon Trucking's Berger No. 2 Mine killed four miners and injured two. The Secretary proposed $55,000 in penalties across eight alleged violations involving roof control, mining methods, preshift examinations, and mine maps. The parties agreed to…
K.D.K. Upset Forging, Inc.
Attorney-fee entitlement recognized after withdrawal
OSHA cited K.D.K. for failing to post the required employee notice, then withdrew the citation before hearing. K.D.K. applied for $600 in attorney's fees under the Equal Access to Justice Act. The Commission held that K.D.K. was the prevailing party because withdrawal gave it the principal relief…
Arizona Air National Guard and AFGE Local 2924
Reconsideration leaves election speech ruling intact
The union sought reconsideration of an Authority ruling on a commander’s comments before a representation election. The Authority corrected part of its earlier explanation but again found that the comments served to correct a misleading account of campaign literature and did not violate the…
White County Coal Corporation
Roof-control withdrawal orders converted to citations
MSHA issued two withdrawal orders after finding evidence that miners had gone beyond permanent roof supports at White County Coal's Pattiki Mine. The inspector saw a chalk line and footprints under unsupported roof but did not witness anyone there. Judge Gary Melick held that section 104(d)…
Secretary on behalf of Frank Williams and Buddy R. Maynard v. West Fork Coal Company
West Fork Coal Company (FMSHRC KENT 86-28-D): Discharge case settled with reinstatement and back pay
The Secretary brought a discrimination case for miners Frank Williams and Buddy Maynard after West Fork Coal Company discharged them. West Fork had stopped operating and filed for bankruptcy. The parties and bankruptcy trustee agreed to settle with reinstatement, restored employment rights, and…
Social Security Administration Baltimore and AFGE
Unilateral changes and union retaliation remedies upheld
The Social Security Administration changed work arrangements at its South Seattle office without required notice and bargaining, bypassed the union, and penalized an employee for union activity in performance reviews. The Authority adopted the judge’s findings and ordered bargaining, removal of the…
AFGE Local 2369 and Social Security Administration New York Regional Office
Brief reception area picketing complaint dismissed
Union members briefly picketed in the public waiting room of a Social Security office. The Authority found that the silent ten minute demonstration had not appreciably disrupted claim processing or other operations. Because the statute required actual interference, it dismissed the unfair labor…
Army Corps of Engineers Kansas City District and NFFE Local 29
Official time procedure award upheld
An arbitrator ordered the Army Corps to restore its past procedures for union officers’ official time while bargaining over a change. The agency claimed that this restricted its right to assign work. The Authority found that the award addressed procedures and did not guarantee official time…
GSA Region 10 and AFGE Council 236
Performance rating award changed to reevaluation
An arbitrator ordered an employee’s performance rating raised to outstanding. The Authority found that the arbitrator had independently judged how the employee performed against standards, substituting his appraisal for management’s. It removed the ordered rating and directed management to…
The Pittsburg & Midway Coal Mining Company
Pittsburg & Midway Coal Mining Company (FMSHRC WEST 86-11): Truck-steering citations vacated after factual mistake
MSHA cited The Pittsburg & Midway Coal Mining Company for allegedly loose steering pins on two coal-hauling trucks at the Edna Mine. During the hearing, the parties' witnesses disagreed about which truck parts the citations addressed. After the parties conferred, the Secretary said the citations…
Emerald Mines Company
Fan-stoppage withdrawal order reduced to a citation
Emerald Mines' approved plan required workers to leave the mine if a ventilation fan stopped for more than 15 minutes. The fan stopped while an alarm failed, and workers were not withdrawn within the limit. Judge Gary Melick reconstructed the stoppage as exceeding the limit by one minute and ten…
Karst Robbins Coal Company, Inc.
One citation vacated in $600 settlement
Karst Robbins Coal Company and the Secretary proposed a settlement of two violations after a hearing. They agreed that Citation No. 2476390 would be vacated and that the company would pay $600 on Citation No. 2476391. Judge Joseph B. Kennedy reviewed the hearing evidence and found the proposal…
Air Force Logistics Command Wright-Patterson and AFGE Council 214
Bargaining required on appraisal procedures
The Air Force implemented performance appraisal rules after rejecting union proposals. The Authority found five proposals negotiable and held that implementation without bargaining over them violated the Statute. It ordered bargaining and notices, while dismissing the complaint allegations…
Federal Correctional Institution Seagoville and AFGE Local 1637
Official time payment award upheld
An arbitrator awarded an employee pay for grievance preparation completed on nonduty time after official time was wrongly denied. The prison argued that the award required unauthorized overtime pay and conflicted with the Back Pay Act. The Authority held that this was a remedy for denied official…
AFGE Local 1546 and Sharpe Army Depot
Nonarbitrability ruling left in place
An arbitrator declined to hear a removal grievance because the union had not followed the agreement’s filing procedure. The union argued that the ruling was too ambiguous to implement. The Authority found it clear and treated the challenge as disagreement with the arbitrator’s procedural…
Patent and Trademark Office and Patent Office Professional Association
Final interest arbitration terms must be implemented
The Patent and Trademark Office refused to implement part of an earlier interest arbitration award after the deadline for exceptions had passed. A later arbitrator ordered compliance, and the agency challenged that order. The Authority removed the later arbitrator’s separate negotiability ruling…
McGuire Air Force Base and AFGE Local 1778
Debris assignment ban struck from award
Management assigned civilian employees to collect debris. An arbitrator barred that assignment under the parties’ agreement. The Authority found that the ban substituted the arbitrator’s decision for management’s statutory right to assign work. It set aside the award.
Pelron Corporation
Ethylene-oxide training citation vacated
An explosion in Pelron's pilot chemical reactor killed one employee and seriously injured another during an experimental ethylene-oxide process. OSHA alleged that Pelron's employee training did not adequately prevent ethylene-oxide explosions. The Commission held that the hazard had to be defined…
Joline, Inc.
$654 in penalties assessed by default
Joline, Inc. did not comply with a pretrial order or respond to a later order to show cause in a civil-penalty case. Judge Joseph B. Kennedy declared the company in default. He assessed the proposed penalties as final and ordered Joline to pay $654 by June 20, 1986. The short public order does not…
Federal Energy Regulatory Commission and AFGE Local 421
Six employee unit statuses sent back for findings
The commission challenged a regional director’s bargaining unit clarification. The Authority rejected its objection to including forty employees but found that the director had left six other employees’ supervisory status unresolved because the record was incomplete. It granted review on that issue…
Delta Sand and Gravel Company
Four penalty cases settled for $160
Delta Sand and Gravel Company and the Secretary settled four civil-penalty dockets after appearing for a hearing. The agreement kept eight citations, vacated two for insufficient evidence, and reduced several proposed penalties. One reduced citation concerned a refusal to admit an inspector when…
Dorothy Mae Coal Co., Inc.
Default penalties assessed at $7,260
Dorothy Mae Coal Co., Inc. failed to answer MSHA interrogatories after an order compelling responses. It also failed to explain the noncompliance or respond to the Secretary's motion for default judgment. Judge Roy J. Maurer deemed the company to have waived its right to a hearing and made the…
Helen Mining Company
Methane orders split, with $1,500 penalty
Helen Mining Company operated the Homer City Mine, where MSHA charged two violations of the methane-control standard at 30 C.F.R. § 75.308. Judge Roy J. Maurer found that methane in number five entry reached 1.7 to 1.9 percent and that the foreman knew about it, but failed to de-energize the…
Stoney Fork Coal Company
Settlement approved for $330
Stoney Fork Coal Company agreed to settle eight alleged violations at the Stoney No. 1 Mine. Judge Joseph B. Kennedy independently reviewed the proposed settlement and found it consistent with the purposes and policy of the Mine Act. He approved the settlement for $330 and ordered payment by June…
Ohio Air National Guard and AFGE Council 127
Travel agreement enforced while other claims dismissed
The Ohio Air National Guard ended a memorandum promising travel and per diem for union negotiators. The Authority found unlawful repudiation and ordered payments consistent with travel regulations. It dismissed other claims challenging uniform requirements and grievance procedure positions after…
Defense Dependents Schools and Overseas Education Association
School travel agreement repudiation unlawful
The Defense Dependents Schools stopped paying travel and per diem expenses provided for in its continuing agreement with the union. The Authority held that the agency had not shown those terms to be unlawful and that rejecting them breached its duty to bargain in good faith. It ordered compliance…
AFGE Local 12 and Department of Labor
Most office space proposals negotiable
The union submitted twenty four proposals after the Labor Department announced an office space reduction. The Authority found twenty two proposals about workspace, furniture, equipment, and related information negotiable because the agency showed no conflict with law or regulation. It rejected two…
NTEU Chapter 153 and U.S. Customs Service
Four relocation proposals negotiable
The union offered seven proposals connected with a workplace change. The Authority found Proposals 2, 3, 5, and 6 negotiable, including transportation between work sites during the duty day. It rejected Proposals 1, 4, and 7, including a guaranteed period to wash and change uniforms that would bar…
NFFE and Geological Survey Eastern Mapping Agency
Two contract provisions restored after disapproval
The agency head disapproved four provisions of a local agreement, including terms on travel, per diem, and short closure leave. The Authority dismissed the petition as to Provisions 1 and 2 but held Provisions 3 and 4 within the duty to bargain. It directed the agency to rescind its disapproval of…
National Treasury Employees Union and Internal Revenue Service
Union negotiator travel proposal negotiable
The union proposed agency payment of travel and per diem for employee negotiators. The Authority read the proposal as limited to official time negotiators and consistent with federal travel law. It held the proposal within the duty to bargain and ordered the IRS to negotiate.
Austin Power, Incorporated
Motion to amend citation granted
The Secretary sought to amend Citation No. 2339413 to allege, in the alternative, violations of 30 C.F.R. § 77.205(e) or § 77.404(a). Austin Power objected, arguing that the request was untimely and would prejudice its trial preparation. Judge George A. Koutras found that the factual basis for the…
Warner Robins Air Logistics Center and AFGE Local 987
Travel voucher rules restored pending bargaining
Warner Robins changed how it reviewed travel expense claims without warning the union or offering bargaining. The new rules disallowed portions of many employee vouchers. The Authority found an unfair labor practice and ordered the earlier review guidelines reinstated while the agency gave notice…
AFGE and Environmental Protection Agency
Union ordered to honor local bargaining memorandum
AFGE unilaterally rescinded a memorandum with the Environmental Protection Agency that delegated local impact and implementation bargaining authority. The Authority held that repudiating the entire memorandum breached the union’s bargaining duty. It ordered compliance to the extent the memorandum…
Customs Service New York Region and NTEU Chapter 161
Inspector travel award must be paid
The Customs Service did not pay an inspector’s travel expenses required by a final arbitration award. The Authority held that the agency could not raise new legal objections to the award in the later unfair labor practice case after its opportunity for exceptions had passed. It found a violation…
AFGE Local 644 and Mine Safety and Health Administration
Relocation proposals dismissed
The union sought review of three proposals connected with an office relocation. The Authority found no basis to require bargaining on the challenged proposals, and one committee proposal did not clearly define its powers or the union’s role well enough for a negotiability ruling. It dismissed the…
AFSCME Local 2830 and Department of Justice
Repromotion guarantee proposal rejected
The union proposed special repromotion treatment for employees demoted without personal cause. The Authority found that a disputed sentence would require promotion based only on an overall satisfactory rating despite a government wide rule governing critical performance elements. It dismissed the…
AFGE Local 1900 and Army Fort Devens
Withdrawn nonnegotiability claim ends appeal
The union appealed the Army’s assertion that a conduct and discipline proposal was nonnegotiable. The Army withdrew that assertion while the appeal was pending. With no remaining negotiability dispute, the Authority dismissed the petition.
National Treasury Employees Union and Department of the Treasury
Nine agreement provisions rejected
The agency head disapproved nine provisions of a negotiated Treasury agreement. The Authority found the challenged provisions outside the duty to bargain, including a detail restriction that would subject management’s staffing choices to arbitral review. It dismissed the union’s petition in full.
AFGE Local 2014 and Social Security Administration Region IV
Employee appraisals split by standards effective date
Contact representatives were evaluated under performance requirements introduced partway through the appraisal year. An arbitrator ordered reappraisal, and the agency challenged the remedy. The Authority modified it to require the old standards for October through January and the new standards for…
Secretary of Labor o/b/o Clarke v. T.P. Mining, Inc.
Motion for reconsideration denied
The Commission had previously found that Administrative Law Judge Joseph B. Kennedy and counsel for T.P. Mining engaged in a prohibited ex parte communication during a discrimination proceeding. Judge Kennedy moved for reconsideration, arguing that he lacked notice of the specific allegations and…
UMWA o/b/o Rowe v. Peabody Coal Company
Motion for reconsideration denied
The Commission had previously found that Administrative Law Judge Joseph B. Kennedy engaged in a prohibited ex parte communication, verbally abused attorneys, and commented publicly on a pending proceeding. Judge Kennedy moved for reconsideration, arguing that the Commission denied him due process…
Pontiki Coal Corporation
Settlement approval affirmed and unsupported comments struck
Pontiki Coal settled four contested violations arising from accumulations and equipment conditions at its Mine Number Two, with a total penalty of $7,500. The Commission held that the Administrative Law Judge went beyond the limited settlement record by making unsupported comments about advance…
Allstate Erectors, Inc.
Footwear citation and withdrawal order affirmed
Allstate Erectors was an independent contractor performing work at the Dallas Quarry and Plant, where employees were fabricating a handrail and handling other heavy materials. An inspector cited the company after a welder was observed wearing soft-toed leather shoes in an area where falling or…
E.I. Dupont De Nemours & Company
Protective-order case closed for separate discipline
DuPont complained that an attorney and law firm had violated a protective order in the case. A Commission judge found that the protected materials had been improperly disclosed. Because time had passed and the materials had already been publicly disseminated, the Commission concluded that efforts…
Krause Milling Company
Corn-dust citation dismissed
OSHA cited Krause Milling for employee exposure to corn dust under the inert-or-nuisance-dust provision of 29 C.F.R. § 1910.1000. The Commission held that the cited provision was part of a mineral-dust standard and did not apply to organic corn dust, and that a broader interpretation would deny…
Antilles Consolidated Education Association and Navy Puerto Rico
Three union negotiators on official time negotiable
The union proposed official time for three negotiators. The Navy argued that the proposal improperly set its own negotiator count. The Authority found that it governed only union representatives and that additional union negotiators’ official time may be bargained under the Statute. It ordered…
NAGE Local R7-23 and Scott Air Force Base
Promotion and property liability proposals dismissed
The union submitted proposals about promotion screening and employee liability for lost or damaged Air Force property. The Authority found the proposals outside the duty to bargain, including a liability standard that interfered with management’s right to set internal security practices. It…
New Cumberland Army Depot and AFGE Local 2004
Temporary promotion award conditioned on qualifications
An arbitrator awarded a warehouse employee a retroactive temporary promotion and backpay. The Authority found the record uncertain about whether the employee met the position’s minimum qualifications throughout the period. It modified the award to make the promotion and backpay contingent on those…
Duval Corporation
Settlement approved and review dismissed
Duval Corporation had sold the mining operation involved in a case where an Administrative Law Judge found a violation of 30 C.F.R. § 57.19-120 and assessed a $395 penalty. Duval and the Secretary jointly asked the Commission to approve a settlement and dismiss the petition for discretionary review…
Military Sealift Command Atlantic and National Maritime Union
Interest due under final arbitration award
The Military Sealift Command paid backpay but refused the interest required by a final arbitration award. The Authority held that the command had not filed timely exceptions and could not contest the interest term in an enforcement case. It found an unfair labor practice and ordered full compliance.
Air Force Electronic Systems Division and NAGE Local R1-8
Property liability bargaining complaint dismissed
The union alleged that the Air Force failed to bargain over a revised property loss rule. The Authority held that the union’s proposed liability standard would interfere with management’s internal security authority. It also found no improper refusal by the Air Force headquarters. It dismissed the…
NAGE and Missouri National Guard
One day late negotiability petition dismissed
The Missouri National Guard disapproved terms of a negotiated agreement. The union filed its negotiability petition one day after the deadline measured from service of the disapproval by mail. The Authority dismissed the petition as untimely.
Customs Service and NTEU Chapter 136
Union attorney fee cost limit upheld
The union challenged an arbitrator’s supplemental attorney fee award after winning a temporary promotion grievance. The Authority held that fees for a salaried union lawyer under the Back Pay Act were limited to the union’s actual costs, including allowable overhead. It denied the union’s exception…
IRS Baltimore District and NTEU Chapter 62
Salaried union counsel fees limited to costs
An arbitrator awarded attorney fees after an IRS employee prevailed in a suspension grievance. The Authority held that the union’s salaried attorneys could recover reasonable actual costs, but not a fee beyond those costs. It modified the award to use the cost plus formula.
Health Care Financing Administration Region IV and NTEU Chapter 210
Attorney fee addendum changed to cost formula
The Health Care Financing Administration challenged an arbitrator’s addendum awarding attorney fees for union counsel. The Authority found that fees for salaried union attorneys must reflect the union’s actual costs under the Back Pay Act. It modified the addendum to apply the cost plus method.
Federal Correctional Institution Lexington and AFGE Local 817
Priority placement award narrowed to consideration
An arbitrator awarded a prison employee priority placement after a promotion process violation. The Authority found that direct placement would exceed the proper remedy, while priority consideration for a qualified GS-9 opening was permissible. It modified the award to require priority…
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.