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.
Carbon County Coal Company
Ventilation-plan dispute dismissed
Carbon County Coal Company was cited for operating its Carbon No. 1 Mine without an approved ventilation and methane and dust control plan under 30 C.F.R. § 75.316. The dispute concerned whether the mine had to supply auxiliary fans with air greater than their free discharge capacity, rather than…
Secretary of Labor on behalf of I. B. Acton et al. and UMWA v. Jim Walter Resources, Inc.
Secretary on behalf of I. B. Acton et al. and UMWA v. Jim Walter Resources (FMSHRC SE 84-31-D): Training condition upheld, reimbursement required
After a reduction in force, Jim Walter Resources bypassed some laid-off surface miners for underground jobs because they lacked the required safety training. Thirteen of the 17 complainants later obtained training on their own and were rehired without reimbursement for its time and expense. The…
Immigration and Naturalization Service and AFGE Local 1917
INS and AFGE (FLRA O-AR-556): Safety remedy limited to agency authority
An arbitrator ordered the Immigration and Naturalization Service to address unsafe conditions reported by a joint labor management safety committee. The Authority upheld the general requirement to correct problems within the agency's authority. It modified orders concerning buildings and airport…
Merrell v. Peabody Coal Company
Discrimination complaint dismissed
Chapman Merrell alleged that Peabody Coal Company violated section 105(c) of the Mine Act when it bypassed him for rehire because he lacked relevant health and safety training under section 115 and 30 C.F.R. Part 48. Peabody argued that the complaint was filed too late. The Commission dismissed the…
United Mine Workers of America on behalf of James Rowe, et al., and Secretary of Labor on behalf of Thomas L. Williams v. Peabody Coal Company
Peabody Coal Company (FMSHRC KENT 82-103-D, KENT 82-105-D, KENT 82-106-D, LAKE 83-69-D): Recall-training discrimination complaints dismissed
These consolidated discrimination complaints challenged Peabody Coal Company's policy of bypassing laid-off miners for recall when they had not obtained relevant health and safety training before rehire. The Commission held that section 115 gives laid-off individuals training rights when they are…
Veterans Administration Medical Center, Phoenix and AFGE Local 2382
VA Medical Center, Phoenix and AFGE (FLRA 8-CA-20416): Reassignment complaint dismissed
The Phoenix VA Medical Center reassigned one employee from a supply clerk job to medical supply work. His duties and schedule changed, but his grade, pay, weekly hours, and benefits did not. The union said the VA should have offered bargaining over the reassignment's effects. The Authority found…
IRS Cleveland District Office and National Treasury Employees Union
IRS and NTEU (FLRA 5-CA-30449): Toledo office bargaining complaint dismissed
The IRS replaced desks in its Toledo office with shared workstations as part of a plan announced in 1981. A judge found that changes to the 1983 implementation revived the union's right to bargain over procedures and arrangements for employees. The Authority disagreed, finding that the 1983 changes…
Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard and Metal Trades Council (FLRA 34-CA-40290): Address disclosure complaint dismissed
The union asked Norfolk Naval Shipyard for the home addresses of employees it represented, and the shipyard refused. The Authority weighed the union's stated need against the employees' privacy interests. It found that employees had a strong privacy interest in their addresses and that the union…
Federal Aviation Administration and Professional Airways Systems Specialists
FAA and PASS (FLRA 3-CA-40126): Complaint over technician's travel assignment dismissed
The FAA assigned an electronic technician more frequent work at two facilities away from his Bridgeport duty station. The union alleged that the FAA failed to give notice and an opportunity to bargain over the effects of the change. The Authority found that the technician already had duties at…
AFGE Local 2955 and The Adjutant General, Iowa
AFGE Local 2955 and Iowa National Guard (FLRA 0-NG-1150): Seven day schedule notice provision rejected
AFGE Local 2955 and the Iowa National Guard negotiated provisions requiring seven days' advance notice of employee work schedules and temporary schedule changes. The agency head disapproved the provisions. The Authority found that the notice requirement could prevent the agency from changing a…
AFGE Local 1738 and Veterans Administration Medical Center, Salisbury
AFGE Local 1738 and VA Medical Center (FLRA 0-NG-1106): Two week shift notice proposal outside bargaining duty
The union proposed that the Salisbury VA Medical Center give employees at least 14 days' notice before changing established tours of duty, except in emergencies or with employee agreement. The Authority found that this fixed notice period could prevent the agency from changing a schedule when a…
Veterans Administration Medical Center, Muskogee and AFGE Local 2250
VA Medical Center, Muskogee and AFGE (FLRA 0-AR-937): Higher grade pay award set aside
A prosthetic clerk at the Muskogee VA Medical Center sought temporary promotion and backpay for performing duties of higher grade positions. An arbitrator awarded compensation for that work. The VA argued that the employee did not meet the required qualifications for either higher grade position…
U.S. Air Force, 1947 Support Group and AFGE Council of Headquarters USAF Locals
Air Force and AFGE (FLRA 0-AR-899): Experience credit removed from arbitration award
An Air Force employee challenged parts of the selection process for a civilian career program. The arbitrator rejected the challenge to the interview but ordered credit for the employee's budget analyst experience, even though that experience did not meet the program's crediting plan. The Authority…
Monument Mining Corporation and Island Creek Coal Company
Contractor liable for idled-miner compensation
The United Mine Workers sought compensation under section 111 of the Mine Act for miners idled by a withdrawal order issued after blasting at Monument Mining's No. 1 Surface Mine exposed workers at an adjacent underground mine to danger. Monument was the independent contractor that controlled the…
Maben Energy Corporation
Conveyor-tail-pulley citation affirmed with reduced penalty
Maben Energy operated the No. 6 underground coal mine in West Virginia. An MSHA inspection found that a conveyor tail pulley was not adequately guarded, leaving openings through which a person could reach the moving pinch points. Judge George A. Koutras found the violation significant and…
C.D. Livingston
Mine inspection access and penalty affirmed
C.D. Livingston operated the Digmore Placer Mine, an underground gold mine in California. He refused an MSHA inspector entry without a search warrant and argued that the Mine Act did not apply to his small operation because he had no employees. Judge John J. Morris found that the Act broadly covers…
Kenneth W. Hall v. Clinchfield Coal Company
Discrimination complaint dismissed
Kenneth W. Hall, a section foreman at Clinchfield Coal Company's McClure No. 1 underground mine, complained about a line-curtain and roof-bolting practice and later sought a transfer to surface work. Judge James A. Broderick found that Hall's safety complaints were protected activity and that the…
Jim Walter Resources, Inc.
Line-curtain citation affirmed
Jim Walter Resources operated a gassy underground coal mine in Alabama. The approved ventilation plan required line brattice to remain within 10 feet of all faces, but an inspection found it 15 feet from the face in one entry. Judge James A. Broderick held that the plan covered idle faces as well…
Columbia Basin Trades Council and Grand Coulee Project Office, Bureau of Reclamation
Columbia Basin Trades Council and Grand Coulee (FLRA O-AR-672): Craft classification awards upheld
The Grand Coulee Project Office created a plant mechanic classification and planned to transfer work from craft classifications covered by its agreement with the union. An arbitrator found that the transfer violated the agreement and directed the office to preserve the existing classifications…
HUD Washington, D.C. Area Office and AFGE
HUD and AFGE (FLRA 3-CA-20086): Loan office reorganization complaint dismissed
HUD reorganized its Washington area Loan Management Branch, changing temporary duties for a few employees. AFGE alleged that HUD failed to bargain and bypassed the union when it told employees about the plan. The Authority found that the changes had no more than a minimal impact on the nationwide…
Bureau of Engraving and Printing and Washington Plate Printers Union Local 2
Bureau of Engraving and Printing and Plate Printers (FLRA 0-AR-818): Performance award set aside
The Bureau of Engraving and Printing revised performance standards for journeyman plate printers. An arbitrator ordered bargaining over the method used to set the standards and over time excluded from production counts, and canceled appraisals under the revised system. The Authority found that both…
Mid-Continent Resources, Inc.
Safeguard citation modified and penalty reduced
Mid-Continent Resources was cited after an inspection found coal sloughage, timbers, and a trench obstructing a conveyor travelway at its Dutch Creek No. 2 underground coal mine. Judge John A. Carlson held that the safeguard covered the coal sloughage but did not clearly cover the timbers or…
Equal Employment Opportunity Commission and AFGE Local 3230
EEOC and AFGE (FLRA 9-CA-30238): Grievance records ordered with identifiers removed
AFGE sought records to investigate whether an EEOC employee had been singled out for a warning. The EEOC withheld performance appraisals and warning letters for other employees in its Seattle legal unit. The Authority found those records necessary for the grievance but found that the broader…
Nuclear Regulatory Commission and National Treasury Employees Union
NRC and NTEU (FLRA 3-CA-40391): Bargaining and information ordered over employee details
The Nuclear Regulatory Commission detailed employees as it prepared to close the Clinch River Breeder Reactor Program Office. It did not first give NTEU notice and an opportunity to seek bargaining over procedures and arrangements for affected employees. It also withheld information the union…
United States Department of Labor and Susan Wuchinich; AFGE Local 2513
DOL and Susan Wuchinich (FLRA 2-CA-20669): Supervisor union election and dues rulings
A Department of Labor employee challenged supervisors' participation in union elections and the deduction of union dues from supervisors' pay. The Authority dismissed the charge concerning a 1982 election because it was filed more than six months after the event. It found violations concerning…
NFFE Local 405 and U.S. Army Aviation Systems and Troop Support Commands
NFFE Local 405 and Army Commands (FLRA 0-NG-1078): Cross unit official time proposal rejected
NFFE Local 405 represented separate Army bargaining units in St. Louis. It proposed official time for representatives employed in one unit to represent employees in another unit. The Authority found that the statutory official time provision did not require bargaining over that proposal. It…
Pyro Mining Company
Four contested violations upheld and settlement approved
Pyro Mining Company faced three consolidated civil-penalty dockets concerning electrical equipment, combustible accumulations, and a failure to deenergize equipment after methane was detected at its No. 9 Slope Mine. Judge Richard C. Steffey found the four contested violations occurred and assessed…
Federal Aviation Administration and Professional Airways Systems Specialists
FAA and PASS (FLRA 5-CA-40069): Great Lakes bargaining remedy limited to region
The FAA reorganized Great Lakes air traffic control centers and implemented a maintenance plan without bargaining over procedures and arrangements for affected employees. The Authority adopted the unfair labor practice finding and ordered a return to the earlier practices. It limited the remedial…
Army and Air Force Exchange Service, Fort Eustis and NAGE Local R4-114
Fort Eustis Exchange and NAGE (FLRA 4-CA-40138): One complaint sustained and one dismissed
The Fort Eustis Exchange changed established practices for union representative access and official time without bargaining with NAGE. The Authority adopted the judge's violation finding for that complaint and ordered bargaining on request and notice posting. It also upheld dismissal of a separate…
HUD Columbia Area Office and AFGE Local 3654
HUD Columbia Area Office and AFGE (FLRA 4-CA-30630): Reassignment complaint dismissed
HUD reassigned two Columbia office employees to positions that would remain after a staff reduction. Their duties changed, but their workplace, pay, grade, and promotion potential did not. An administrative law judge found that HUD should have bargained over the reassignments. The Authority found…
Veterans Administration and National Federation of Federal Employees
VA and NFFE (FLRA 0-AR-761): Arbitration exception denied over local bargaining dispute
A union grievance challenged the VA's refusal to negotiate a proposal for a local supplementary agreement. The arbitrator found that the parties' master agreement directed this type of dispute to the Authority instead of arbitration and denied the grievance. The union argued that the arbitrator…
Rae Jewell Beaver v. Cedar Coal Company
Discrimination complaint withdrawn under agreement
Rae Jewell Beaver asked to withdraw her discrimination complaint against Cedar Coal Company under an agreement between the parties. Cedar agreed to allow employees to review their personnel files, provide Beaver with neutral job references, expunge the incident from her file, and provide drillers…
Matter of Patel
Noticed deportation hearing may proceed in absentia
The respondent was charged with overstaying a nonimmigrant admission and received notice of his deportation hearing. His attorney requested a continuance because of a conflicting engagement, but the immigration judge denied the request and held the hearing when neither the respondent nor counsel…
Missouri Gravel Co.
$1,638 in penalties approved after payment
Missouri Gravel Co. faced civil penalty proceedings involving 29 violations at its LaGrange Plant No. 3 and LaGrange Plant No. 1. The operator paid the proposed penalties totaling $1,638 but did not answer the proceedings. Judge Paul Merlin denied the Solicitor's motion to reconsider the need for a…
Consolidation Coal Company
Discrimination found with $600 civil penalty
Richard N. Truex served as a miners' representative at a post-inspection conference at Consolidation Coal Company's McElroy Mine. The company required him to take unpaid "union business" status and then refused to let him return to work after the conference. Judge Gary Melick found that this denied…
Helca Day Mines, Inc.
Settlement approved with $225 penalty
Helca Day Mines, Inc. reached a settlement concerning a violation arising from the Secretary's partially successful prosecution of a discrimination matter. The settlement reduced MSHA's initial $300 assessment to $225. Judge Michael A. Lasher, Jr. noted the operator's medium size, commendable…
Matter of Tayabji
State recommendation required for waiver-based adjustment
The respondent, a Tanzanian citizen, entered the United States as a visitor and later became a J-1 exchange visitor subject to the two-year foreign residence requirement. He obtained adjustment of status after the district director approved a section 212(e) waiver based on exceptional hardship, but…
Veterans Administration Central Office and Cleveland Regional Office; AFGE Local 2823
VA Cleveland and AFGE (FLRA 5-CA-40091): Performance standards bargaining ordered
The VA changed performance standards for Cleveland regional office employees without bargaining over implementation procedures and arrangements for affected employees. The Authority agreed that the union had not waived its right to bargain. It declined to require the VA to rescind the standards or…
Farmers Home Administration and National Federation of Federal Employees
Farmers Home Administration and NFFE (FLRA 3-UC-40006): Six state unit consolidation rejected
NFFE sought to combine six Farmers Home Administration state office bargaining units. A regional director approved the proposed consolidation, and the agency sought review. The Authority found that state offices had substantial autonomy over personnel and labor relations, and that combining only…
FAA New England Region and AFGE; NFFE and Independent Union of Air Traffic Specialists
FAA New England Region (FLRA 3-RO-50001): Regional air traffic unit petition dismissed
Unions sought representation for air traffic employees in the FAA's New England Region and at individual facilities. A regional director found a region wide unit appropriate, and the FAA sought review. The Authority found that the proposed unit would not promote efficient FAA operations because air…
AFGE Local 2786 and Defense Mapping Agency
Three agreement provisions rejected
The agency head disapproved three provisions of a local agreement. They addressed progressive steps for unacceptable performance, the number of performance rating levels, and a safety committee. The Authority found that the provisions restricted management rights or exceeded the required scope of…
U.S. Customs Service Northeast Region and National Treasury Employees Union
Customs Service Northeast Region and NTEU (FLRA 0-AR-797): Overtime premium pay award set aside
Customs stopped administratively uncontrollable overtime premium pay for most Baltimore patrol officers after changing their duties. An arbitrator found a contract violation and awarded the pay. The Authority concluded that the officers' overtime had become administratively controllable, so federal…
Blueco Sales and Processing Company
Discrimination complaint withdrawn and dismissed
Douglas Coleman asked to withdraw his discrimination complaint against Blueco Sales and Processing Company. Judge Joseph B. Kennedy found good cause, granted the request, and dismissed the matter. He also vacated and canceled the hearing scheduled for October 2, 1985, in Beckley, West Virginia. The…
Peabody Coal Company
Discrimination complaint withdrawn and dismissed
Charles J. Ellett asked to withdraw his discrimination complaint against Peabody Coal Company. Judge Joseph B. Kennedy granted the request and dismissed the matter. The judge also vacated and canceled the hearing scheduled for October 2, 1985, in Beckley, West Virginia. The order does not address…
NAGE Locals R4-1, R4-97 and R4-103 and Naval Weapons Station Yorktown
NAGE and Naval Weapons Station Yorktown (FLRA 0-NG-1114): Paycheck delivery proposal rejected
The union proposed that employees choose electronic transfer, mailing, or hand delivery of paychecks at work. The Authority found that requiring a workplace hand delivery option would restrict the Navy's choice of methods for distributing pay. Because that subject was negotiable only if the agency…
Office of Personnel Management and AFGE Local 32
OPM and AFGE Local 32 (FLRA 0-AR-950): Desk audit representation award upheld
An interest arbitrator resolved a bargaining impasse over union representation during classification desk audits. OPM argued that the award improperly treated the statutory right to representation during investigatory examinations as applying to desk audits. The Authority agreed that the statute…
Youghiogheny & Ohio Coal Co.
Bench decision vacated and remanded
An ALJ found two violations at Youghiogheny & Ohio Coal Co. and assessed a total of $1,950 in penalties after an evidentiary hearing. The judge then confirmed the tentative bench decision after the operator failed to show cause. The Commission held that the written decision did not include the…
Kennecott Minerals Company
Berm standard held mandatory and case remanded for penalties
MSHA cited Kennecott Minerals Company for failing to maintain adequate berms or guardrails along an elevated access road at its Utah Copper Division. The ALJ dismissed the penalty proposals after treating 30 C.F.R. § 55.9-22 as advisory because an earlier version used the word "should." The…
HHS Office of the Secretary Headquarters and AFGE Local 41
HHS and AFGE Local 41 (FLRA 3-CA-40148): Leave policy bargaining ordered
HHS headquarters implemented a revised leave and excused absence policy without first giving the employees' union a chance to bargain. HHS asserted that its agency wide regulation relieved it of that duty. The Authority found that HHS had not established a compelling need for the regulation and…
AFGE Local 1931 and Naval Weapons Station Concord
AFGE Local 1931 and Navy Concord (FLRA 0-NG-1098): Driving privilege proposal rejected
The union proposed that employees arrested for impaired driving keep driving privileges on the naval station until conviction and that suspensions follow specified limits. The Authority found that this would restrict the Navy's preventive measures to protect people and property on its premises. It…
National Treasury Employees Union and Nuclear Regulatory Commission
NTEU and NRC (FLRA 0-NG-1095): Reduction in force area proposal rejected
NTEU proposed using commuting areas to define where employees would compete during a reduction in force. The Authority found that a competitive area under the governing regulation necessarily includes supervisors as well as bargaining unit employees. Because the proposal would affect employees…
AFGE Defense Logistics Council and Defense Logistics Agency
AFGE Defense Logistics Council and DLA (FLRA 0-NG-1063): Security action proposal rejected
The Defense Logistics Agency used prompt suspension of on site driving privileges after documented impaired driving. The union proposed limits on discipline, exceptions to suspensions, and a required connection between off site conduct and job performance. The Authority found that the proposal…
INS Western Regional Office and AFGE Local 505
INS Western Region and AFGE (FLRA 8-CU-40008): Unit clarification review declined
INS sought to exclude several categories of employees from the unit represented by AFGE Local 505. A regional director kept most of the employees in the unit and excluded one supervisor. The Authority found that INS had not shown a compelling reason to review the director's decision. It left the…
AFSCME Local 2478 and U.S. Commission on Civil Rights
AFSCME Local 2478 and Civil Rights Commission (FLRA 0-NG-1140): Petition dismissed for missing service proof
The union petitioned for review of an agency allegation that a proposal was not negotiable. The Authority could not determine whether the petition met the filing deadline because neither party showed that the agency had properly served its allegation. It dismissed the petition without prejudice…
KAS Coal Inc.
Settlement approved for $809
KAS Coal Inc. and the Secretary jointly asked the ALJ to approve a settlement in three civil penalty proceedings. The proposed violations had been assessed at a total of $809, and KAS Coal agreed to pay the full amount. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's…
Social Security Administration San Francisco Region and AFGE Council of District Office Locals
SSA Sacramento and AFGE (FLRA 9-CA-372): Temporary work assignment complaint dismissed
The Social Security Administration temporarily gave two operations analysts duties normally assigned to claims representatives and met with them about the assignment. The union claimed a bargaining duty and a right to be represented at the meeting. The Authority found that the short assignment had…
Social Security Administration San Francisco Region and AFGE Council of District Office Locals
SSA San Francisco Region and AFGE (FLRA 8-CA-377): Temporary duty complaint dismissed
A Social Security branch office assigned backup receptionist duties to two claims clerks for seven weeks. An administrative law judge found that the agency should have notified the union and offered bargaining. The Authority found the added duties brief and limited, affecting two employees in a…
Federal Aviation Administration and Professional Airways Systems Specialists
FAA and PASS (FLRA 7-CA-40041): Fargo telephone complaint dismissed
The FAA removed a commercial telephone line from its Fargo sector office. The union sought bargaining because incoming calls outside switchboard hours would be less convenient. The Authority noted that an emergency route remained available through the adjacent control tower and that only eight…
Army Reserve Components Personnel and Administration Center and AFGE Local 900
Army Reserve St. Louis and AFGE (FLRA 7-CA-30399): Office relocation complaint dismissed
The Army Reserve moved 23 employees across a floor in its St. Louis center, leaving them with less space and different lighting and noise conditions. AFGE requested bargaining over the move. The Authority found that the move affected only a small part of the 1,500 employee unit and that the record…
Department of the Navy and NAGE Locals R4-97, R4-103, R4-1 and R4-96
Navy and NAGE (FLRA 4-CA-30150): Pay delivery directive complaint dismissed
The Navy issued a policy favoring mailed paychecks or direct deposit rather than hand delivery at Yorktown facilities. NAGE claimed that the department prevented subordinate activities from bargaining over the change. The Authority found that the directive left room for bargaining at the level…
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.