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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Matter of A. Dow Steam Specialities, Ltd.
Foreign corporation could not offer permanent U.S. employment
A Canadian corporation sought permanent immigrant classification for an employee who was working in the United States for the corporation's Florida subsidiary. The Commissioner held that the Canadian corporation, which had no established place of business in the United States, could not offer…
NAGE Local R14-87 and Kansas Army National Guard
Transfer return proposals dismissed
The union proposed terms for employees transferred to other duty stations after a reduction in force. The Authority found the proposals outside the duty to bargain, including a return right that would require filling a vacancy without preserving management’s choice or qualification review. It…
Sasas Incorporated
Suspended-load citation affirmed after fatal accident
Sasas Incorporated was cited after miner Brad Hobbs was struck and killed by a falling roll of conveyor belt at the Sasas Quarry and Mill. Judge Gary Melick found that the company violated the requirement that people stay clear of suspended loads, and that the violation was significant and…
AFGE Local 3804 and FDIC Madison Region
Four of fourteen FDIC proposals negotiable
The union appealed FDIC objections to fourteen proposals covering employee benefits and workplace procedures. Two proposals were withdrawn. The Authority ordered bargaining over Proposals 7, 8, 9, and 11 and dismissed the appeal over the remaining disputed proposals, including one issue rendered…
James G. Eades v. Arundel Sand & Gravel Co.
Discrimination complaint withdrawn and dismissed
James G. Eades filed a discrimination complaint against Arundel Sand & Gravel Co. The complaint was before Judge Gary Melick in a proceeding under the Mine Act's discrimination provisions. At a May 6, 1986 hearing, Eades asked to withdraw the complaint. The judge granted the request and confirmed…
Defense Dependents Schools Naples and Will Schussel
Union posting and evidence gathering protected
A Naples school barred an employee from posting union literature in a lounge where notices had customarily been allowed and from gathering evidence for an unfair labor practice charge. The Authority found that both restrictions interfered with protected activity. It ordered the school to rescind…
NTEU Chapter 153 and Customs Service Region II
Hotline allegation summaries negotiable
The union offered three proposals after Customs opened a public reporting hotline. The Authority rejected two proposals that would limit investigations to criminal allegations because they interfered with security and discipline rights. It found a third proposal for summaries of noncriminal…
IAM Local Lodge 39 and Naval Air Rework Facility
Late agency arbitration exceptions dismissed
The Navy filed exceptions to an arbitration award one day after the statutory filing deadline. The award was served by mail on March 25, 1986, and exceptions were due April 28. They arrived April 29. The Authority dismissed them without reaching the merits of the award.
Naval Supply Center San Diego and AFGE Local 1399
Union steward harassment and AWOL charge remedied
The Naval Supply Center threatened and harassed a union chief steward over protected activity and charged him with AWOL. The Authority adopted the judge’s findings of unfair labor practices while dismissing other allegations. It ordered the center to remove the AWOL charge, pay the steward for that…
Aberdeen Proving Ground and IAM Local Lodge 2424
Administrative leave bargaining ordered
Aberdeen Proving Ground closed operations after Thanksgiving and refused to bargain over the union’s proposal for administrative leave instead of mandatory annual leave. The Authority found the agency had not shown a compelling need for its contrary regulations because either type of leave would…
Magma Copper Company
Wire-rope citation vacated
Magma Copper Company was cited after an inspector observed broken and distorted wires on a hoist rope at its Superior Mine. An Administrative Law Judge found a violation of the rule governing broken wires in a rope lay and assessed a $100 penalty. The Commission held that the evidence did not…
Jim Walter Resources, Inc.
Ventilation orders resolved with $1,925 in penalties
Jim Walter Resources challenged two withdrawal orders for insufficient ventilation at its No. 4 coal mine. Judge Gary Melick found both ventilation-plan violations significant and substantial. He upheld the first order because management had been warned about the same leaking curtain and found that…
Environmental Protection Agency and AFGE
EPA bargaining remedy reaffirmed on court remand
A federal appeals court asked the Authority to explain or reconsider its remedy for EPA’s refusal to bargain over performance standard procedures. The Authority reaffirmed its earlier bargaining order. It declined to require retroactive application of terms the parties might later agree upon…
Pine Bluff Sand & Gravel Company
Fall-protection citation settled for $1,000
A foreman died after falling from the roof of Pine Bluff Sand & Gravel Company's dredge pilot house while measuring a pipe. He was not wearing a safety belt or line, leading MSHA to cite the company under the fall-protection standard. The company contested the citation and submitted information…
Social Security Administration Baltimore and AFGE
Work location proposal outside bargaining duty
The union alleged that the Social Security Administration unlawfully refused to bargain over work location assignments. The judge found that the proposed preference and seniority rules would compel assignment of particular employees to specific buildings, interfering with management’s assignment…
Social Security Administration Southeastern Program Service Center and Barry Nelson
Internal union election campaigning protected
A Social Security Administration center barred employees from campaigning in an internal union election during nonwork time in nonwork areas. The Authority held that the rule interfered with employees’ statutory rights when the activity did not disrupt agency work. It ordered the center to rescind…
Nuclear Regulatory Commission and NTEU
Union participation required at formal discussion
The Nuclear Regulatory Commission held formal discussions with bargaining unit employees on two days. The Authority found that the agency violated the union’s participation rights at the April 6 meeting by preventing its representative from speaking. It dismissed the allegation concerning the April…
NTEU and Internal Revenue Service
Priority consideration provision approved
The IRS disapproved a locally negotiated provision limiting priority consideration after the deadline for a grievance or complaint. The Authority found the provision consistent with applicable merit principles and personnel rules. It ordered the agency to rescind its disapproval.
NTEU and Internal Revenue Service
Travel expense proposals held negotiable
NTEU proposed travel and per diem payments for employees and union representatives attending labor relations activities. The Authority found that deciding when this travel serves official business was within agency discretion and subject to bargaining. It ordered the IRS to bargain over both…
AFGE Local 1568 and HUD
Lateral retreat rights arbitration award upheld
After a reduction in force, a HUD employee sought to retreat to a position at the same grade that he had previously held. An arbitrator ruled that the employee had lateral retreat rights and directed the agency to correct its action. The Authority rejected HUD’s exceptions, finding no conflict with…
Overseas Federation of Teachers and Defense Dependents Schools
Union communications to Congress protected
An arbitrator sustained an agency grievance over a union president’s communications about school employment conditions. The Authority found that the president’s communications to Congress and other officials were protected. It modified the award to remove the portion sustaining the grievance and…
Arizona Air National Guard and AFGE Local 2924
Uniform condition on official hearing time unlawful
The Arizona Air National Guard required employees to wear military uniforms before granting official time for participation in FLRA hearings. The Authority held that this condition interfered with statutory rights when participation had been deemed necessary by an Authority agent. It ordered the…
Tinker Air Force Base and AFGE Local 916
Overtime change required notice and bargaining
At Tinker Air Force Base, management required paint hangar employees to work regularly scheduled overtime without first notifying and bargaining with the union about procedures and employee effects. The Authority adopted an unfair labor practice finding for that change and ordered bargaining and a…
HUD Columbia Area Office and AFGE
Union activity discrimination complaint dismissed
A HUD employee alleged that the agency denied her a program aide position and issued a reduction in force notice because of union activity. The Authority adopted the judge’s finding that the record did not establish a prima facie discrimination case. It dismissed the unfair labor practice complaint.
AFGE Local 3106 and Department of Agriculture
Horse equipment allowance proposal negotiable
The union proposed an allowance for employees required to furnish their own horses and equipment for work. The Authority found the payment proposal negotiable under the governing law. It ordered the Agriculture Department to bargain upon request.
Social Security Administration Office of Hearings and Appeals Region II and AFGE Local 1760
Retroactive promotion and backpay award narrowed
An arbitrator ordered a retroactive promotion and backpay for a hearing specialist after management denied a promotion recommendation. The Authority found that the arbitrator had improperly substituted his own appraisal of the employee’s production for management’s. It struck the promotion and…
R B J Coal Company, Inc.
Roof-control violations upheld with $1,300 penalty
MSHA cited R B J Coal for unstable breaker timbers and an unauthorized method of cutting a coal pillar during retreat mining. Judge Gary Melick found that both conditions violated the mine's approved roof-control plan and posed significant and substantial hazards to miners working nearby. The…
Odell Maggard v. Chaney Creek Coal Corporation
Miner wins interim discrimination ruling
Odell Maggard refused to keep handling a damaged electrical cable after he said it had shocked him and his foreman declined to repair it or assign other work. Judge Gary Melick found that Chaney Creek Coal Corporation discharged Maggard for this protected safety refusal, violating the Mine Act's…
IRS National Office and NTEU
Union grievance information ordered disclosed
The union requested information needed to represent an employee in a grievance. The IRS National Office refused to provide it. The Authority found an unfair labor practice because the data was necessary for the union’s representational work and ordered disclosure and a notice.
AFGE Local 644 and OSHA
Five relocation proposals held negotiable
The union challenged OSHA’s refusal to bargain over proposals tied to relocating Pennsylvania area offices. The Authority found Proposals 1, 2, 6, 11, and 14 negotiable and ordered bargaining. It dismissed the appeal concerning Proposal 5.
NTEU and Bureau of Government Financial Operations
Safety committee provision outside bargaining duty
The union appealed agency disapproval of a provision concerning occupational safety and health committees. The Authority found that the provision conflicted with governing rules by requiring a committee the agency had discretion to establish. It dismissed the petition, while noting that a union…
NTEU and IRS Andover Service Center
One tour change proposal ordered to bargaining
NTEU offered two proposals in response to a change in employee tours of duty. The Authority dismissed the appeal as to Proposal 1 but found Proposal 2 a negotiable procedure and appropriate arrangement. It ordered the IRS to bargain over Proposal 2 upon request.
AFGE National EPA Council and Environmental Protection Agency
Official time proposal negotiable, overtime proposal dismissed
The union offered proposals on official time, travel, and compensation for employees representing it in negotiations. The Authority held Proposal 1 negotiable, including proper travel expenses. It dismissed Proposal 2 because representational activity did not support overtime pay or compensatory…
Overseas Federation of Teachers and Defense Dependents Schools
Additional full time union representative negotiable
The union proposed official time for at least two representatives in Defense Dependents Schools. The Authority found that adding a full time union representative had not been shown to determine staffing or interfere with school work. It ordered bargaining over the proposal upon request.
Emery Mining Corporation
): Training-pay discrimination complaint dismissed
The Secretary pursued a discrimination complaint against Emery Mining Corporation on behalf of Mark Adams and other people who had obtained new-miner training before Emery employed them. A related complaint in docket WEST 80-489-D(A) had led to a Commission ruling for the complainants, but the…
J & C Coal Corporation, also known as J C Corporation
J & C Coal Corporation (FMSHRC SE 85-40 and SE 85-46): Mine violations upheld with $3,042 initially assessed
J & C Coal Corporation conceded the cited violations at its Pee Wee No. 1 coal mine and asked Judge William Fauver to eliminate or reduce penalties because new owners had invested in safety improvements. The judge found those improvements commendable but held that they did not reduce penalties for…
Pyro Mining Company
Thirteen citations upheld, $3,885 assessed
MSHA sought penalties for 15 alleged safety violations at Pyro Mining Company's No. 9 Wheatcroft coal mine. The allegations concerned an unguarded conveyor, coal accumulations, electrical equipment and high-voltage cables, explosive storage and blasting, a methane monitor, and obstructed beltway…
Cerro Metal Products Division, Marmon Group, Inc.
Press-maintenance citation vacated
A Cerro mechanic died when a loader on an energized brass-extrusion press unexpectedly moved during repair work. Cerro had a rule requiring the press to be deenergized before repairs, and the employee who reenergized it knew that rule. The Commission held that OSHA bore the burden to show specific…
United States Steel Mining Company, Inc.
Penalty reduced to $450 after Commission remand
The Commission reversed an earlier finding that United States Steel Mining Company was negligent and returned the case to Judge Paul Merlin to recalculate the penalty. The judge rejected the Secretary's request to retain the original $7,500 assessment because it relied on negligence arguments…
Garry Goff v. The Youghiogheny and Ohio Coal Company
Discrimination complaint dismissed on remand
After a Commission remand, Judge Gary Melick reconsidered Garry Goff's claim that The Youghiogheny and Ohio Coal Company discharged him because he was undergoing medical evaluation and seeking possible transfer under the Part 90 dust protections. The judge found no evidence that company officials…
Ronald A. Faust v. Asamera Minerals (U.S.), Inc.
Discrimination complaint dismissed
Ronald Faust said Asamera Minerals discharged him after a blast obstructed ventilation in the stope where he was working and he and a coworker were hospitalized. He claimed the company commonly allowed miners to remain in the stope during blasting. Judge John J. Morris dismissed the complaint after…
Secretary of Labor on behalf of Earl Kennedy and Larry Collins v. Raven Red Ash Coal Corporation
Kennedy and Collins v. Raven Red Ash Coal (FMSHRC VA 85-32-D): Interest formula amended before final order
After Earl Kennedy and Larry Collins won back pay in a discrimination case against Raven Red Ash Coal Corporation, the Secretary asked Judge George A. Koutras to correct the interest rate in his April decision. The judge replaced a fixed 9 percent rate with the Commission-approved interest formula…
Gary Hensley v. Harlan Wallins Coal Company
Underground-work refusal did not establish discrimination
Gary Hensley refused an assignment to clean an underground belt at Harlan Wallins Coal Company's mine, saying he had been hired for outside work and lacked underground training. Judge George A. Koutras found that the company constructively discharged him after the refusal. The judge accepted that…
Cannon Coal Company
Roof-control case ends with $235 in penalties
MSHA cited Cannon Coal Company for five roof-control violations following a roof fall at its Pitt Gas Mine in which a miner died. The parties settled two citations for $58 and $98 before the hearing. Judge Roy J. Maurer upheld a third citation because temporary roof supports were spaced too far…
Little Sandy Coal Sales
Noise and electrical inspection violations upheld
Little Sandy Coal Sales operated a coal processing facility and failed to perform or record required periodic noise and electrical inspections. The company argued that its small operation did not need those checks because conditions were unlikely to change. Judge William Fauver rejected that…
Mid-Continent Resources, Inc.
Electrical citation upheld, ventilation citation vacated
MSHA cited Mid-Continent Resources for a damaged power cable connection on a continuous mining machine and for allegedly insufficient ventilation at its Dutch Creek No. 2 coal mine. Judge John A. Carlson upheld the electrical citation because the cut cable jacket left the connection box unable to…
Defense Mapping Agency Aerospace Center and NFFE Local 1827
Information refusal complaint dismissed
The union requested documents for an employee’s grievance over a foreman selection. The Authority adopted the judge’s conclusion that the record did not prove the agency violated its duty to furnish necessary information in these circumstances. It dismissed the unfair labor practice complaint.
Air Force Wright-Patterson Base and Newark Station and AFGE Local 2221
Performance standard change required union notice
The Air Force revised employee performance standards without giving the union notice and a chance to bargain over procedures and employee effects. The judge dismissed the complaint, but the Authority disagreed, finding no clear waiver of the union’s bargaining rights. It found an unfair labor…
Social Security Administration Office of Hearings and Appeals and AFGE Local 1760
Social Security Administration and AFGE Local 1760 (FLRA 1-CA-20322, 1-CA-20341): Office moves required bargaining
The Social Security Administration moved its entire Hearings and Appeals office staffs in Syracuse and Buffalo several city blocks to new buildings. AFGE Local 1760 asked to bargain over procedures for the moves and arrangements for affected employees, but the agency declined to bargain over some…
NFFE Local 29 and Army Corps of Engineers Kansas City District
Senior repromotion proposal held nonnegotiable
The union proposed repromotion by seniority for employees downgraded during reductions in force. The Authority found that the proposal could be an appropriate arrangement for affected employees. But it conflicted with a governmentwide personnel regulation, so the Authority dismissed the…
Patent Office Professional Association and Patent and Trademark Office
Four ground rule proposals outside the duty to bargain
The Patent Office Professional Association appealed a dispute over four proposed ground rules for bargaining a new agreement with the Patent and Trademark Office. The Authority accepted the appeal even though the agency had asked the Federal Service Impasses Panel to address an impasse and had not…
AFGE Council 214 and Air Force Logistics Command, Wright-Patterson Air Force Base
AFGE Council 214 and Wright-Patterson Air Force Base (FLRA 0-NG-786): Additional negotiator time bargainable
AFGE Council 214 proposed official time, travel, and per diem for up to ten union negotiators during contract bargaining with Wright-Patterson Air Force Base. The parties later agreed where negotiations would occur and how travel expenses would be handled, so the Authority dismissed that part of…
National Weather Service Employees Organization and National Weather Service
Training lodging choice proposal negotiable
The union proposed that National Weather Service trainees choose lodging and receive the amount otherwise paid to a designated hotel. The Authority found that the proposal did not conflict with the agency’s budget right or governing law. It ordered the agency to bargain upon request.
Air Force Logistics Command and AFGE Local 1592
Broad time clock records request rejected
AFGE Local 1592 sought disciplinary records about time clock misuse throughout the Air Force Logistics Command while grieving an employee's one-day suspension. The Air Force refused the request, and the union alleged an unfair labor practice. The Authority agreed with the judge that the request…
Secretary of Labor on behalf of Kevin L. Smith v. Consolidation Coal Company
Smith v. Consolidation Coal Company (FMSHRC WEVA 86-69-D): Discrimination proceeding dismissed
The Secretary brought a discrimination proceeding on behalf of Kevin L. Smith against Consolidation Coal Company. Judge Joseph B. Kennedy had allowed the complainant to file a complaint under a March 11, 1986 order. Because the complainant did not file it, the judge dismissed the matter. This short…
Westmoreland Coal Company
Judge petitions to reconsider penalty reduction
Judge Gary Melick asked the Commission to reconsider its reduction of a civil penalty in the Westmoreland Coal case. The Commission had treated the judge's change from the phrase “gross negligence” in an earlier decision to “negligence” on remand as a sign that he had found a lower degree of…
David Ratliff v. Bethenergy Mines, Inc.
Seniority dispute dismissed from Mine Act proceeding
David Ratliff filed a Mine Act discrimination complaint alleging that Bethenergy Mines failed to let him exercise a second contractual super-seniority right to return from layoff. Bethenergy moved to dismiss, arguing that the complaint stated no claim under the Act and that Ratliff had not met…
Federal Railroad Administration and AFGE Local 2814
Workload justified denying negotiator's official time
AFGE Local 2814 selected an employee to join its negotiating team for a new agreement with the Federal Railroad Administration. The agency refused official time for that employee because his specialized work on the transfer of Conrail to the private sector was subject to deadlines. The Authority…
Bureau of Government Financial Operations and NTEU Chapter 202
Bureau of Government Financial Operations and NTEU (FLRA 3-CA-2646): Union notice required for formal discussion
The Bureau of Government Financial Operations interviewed a bargaining unit employee while preparing for a Merit Systems Protection Board hearing without notifying NTEU. The Authority had earlier dismissed the union's unfair labor practice complaint, but a federal appeals court set that decision…
Social Security Administration New York Region and AFGE
Information request needed an explanation
AFGE requested names and demographic information about employees placed on performance improvement plans at a Social Security Administration office in New York. It said the information was needed for a possible grievance, but declined the agency's request to explain why the unsanitized data was…
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.