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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Immigration and Naturalization Service and AFGE Local 2805
INS and AFGE Local 2805 (FLRA O-AR-807): Night pay award set aside
Immigration detention officers sought night differential pay for work after their regular shifts. An arbitrator awarded the differential because their night work was recurring even though its exact timing was unpredictable. The Authority found that the governing rule required findings that…
Department of Labor Region VII and AFGE Field Labor Locals
DOL Region VII and AFGE (FLRA 7-CA-40017): Vehicle and parking bargaining ordered
The Department of Labor ended individual government vehicle assignments and released parking spaces used by employees without bargaining. The Authority found that the union had waived bargaining over the vehicle assignment decision but retained a right to bargain over procedures and arrangements…
SSA Region V and AFGE Local 3239
SSA Region V and AFGE (FLRA 5-CA-699): Temporary travel complaint dismissed
SSA sent a small number of claims representatives to nearby Michigan social services offices for short periods to interview claimants. The union alleged that SSA had to give notice and bargain over the change. The Authority found that the limited travel had no more than a minor effect on working…
DOD Dependents Schools Germany and North Germany Area Council
DOD schools Germany (FLRA 1-CA-30322): Discipline records ordered
A teachers union sought records of false statement disciplinary actions to represent an employee in a grievance. The Authority found that the agency failed to provide necessary records about bargaining unit employees in time for the union to prepare its response. It ordered sanitized records and a…
AFGE Local 2302 and Fort Knox
Vehicle proposals rejected
The union proposed rules for employees' privately owned vehicles, gate checks, vehicle impoundment, and related records at Fort Knox. The Authority found the disputed proposals interfered with management's security practices or work assignments, or did not address bargaining unit conditions of…
DOD Dependents Schools and Overseas Education Association
DOD schools (FLRA 3-CA-30302): Recruitment survey complaint dismissed
DOD Dependents Schools asked newly recruited employees about its recruitment and appointment process. A judge found that the survey bypassed the union. The Authority found that the questionnaires sought factual information and opinions about agency operations, with no attempt to negotiate directly…
AFGE Local 32 and Office of Personnel Management
AFGE Local 32 and OPM (FLRA O-NG-1054): Award rules rejected
The union proposed mandatory quality step increases for employees with specified ratings and advance objective standards for all awards. The Authority found that both proposals controlled the circumstances in which management would reward performance. It held they interfered with management's…
Census Bureau Data Preparation Division and NFFE Local 1438
Census Bureau and NFFE (FLRA O-AR-945): Exceptions dismissed for lack of jurisdiction
The Census Bureau challenged an arbitrator's award involving an employee's claimed reduction in grade or pay. The Authority found that this subject was covered by the adverse action statute. It therefore lacked jurisdiction to review the exceptions and dismissed them.
Social Security Administration Baltimore and AFGE Local 1501
SSA Baltimore (FLRA 9-CA-40028): Interview representation complaint dismissed
An SSA employee said he would want a union representative if an inquiry into his use of official time continued. The official stopped that line of questioning. The Authority found no denial of a request for representation and dismissed the complaint. It did not need to decide whether the exchange…
Federal Aviation Administration and PASS
FAA and PASS (FLRA 6-CA-40025): Shift restoration and bargaining ordered
The FAA moved radar unit shifts one hour earlier after offering PASS only local consultation. PASS had designated a representative to bargain over the change, and the Authority found that an expired agreement did not waive that right. The FAA violated its duty to give notice and bargain over the…
Fort Belvoir, Department of the Army, and AFGE Local 1052
Fort Belvoir (FLRA 3-CA-20133): Complaint dismissed after court remand
A prior Authority order found that the Army interfered with bargaining over a new appraisal system. The Fourth Circuit held that the Authority could not decide the agency regulation's compelling need within an unfair labor practice case. On remand, the Authority accepted the court's ruling and…
United Mine Workers of America on behalf of Patrick M. Hughes v. Consolidation Coal Company
UMWA on behalf of Patrick M. Hughes v. Consolidation Coal Company (FMSHRC WEVA 84-404-D): Off-shift walkaround pay claim dismissed
Patrick Hughes, a miners' safety committee member at Consolidation Coal's McElroy Mine, accompanied a federal inspector on a midnight shift when he was scheduled for the day shift. The company did not pay him for that shift or assign him work after the inspection. Judge William Fauver found that…
Secretary of Labor v. Valley Camp Coal Company
Haulage road citations and danger order upheld
A haulage truck left a road at Valley Camp Coal Company's surface mine, and the driver died. MSHA cited the company for an inadequate berm and for failing to mark hazardous side clearances, and issued an imminent-danger order for the road. Judge George A. Koutras found that the berm was too low and…
Richard A. Frame v. Consolidation Coal Company
Work-refusal discrimination complaint dismissed
Richard Frame alleged that Consolidation Coal discharged him for refusing to move an energized cable at an underground mine. He said he feared an electric shock because he had been shocked by a cable the week before and wanted rubber gloves. Judge Gary Melick found that gloves were available on the…
NFFE Local 687 and Norton Air Force Base
NFFE Local 687 and Norton AFB (FLRA O-NG-939): Five proposals rejected
The union proposed rules on workweek changes, military duties, and travel quarters for Air Reserve technicians. The Authority found advance bargaining and notice requirements conflicted with a government wide scheduling rule. A proposal concerning military duties was outside civilian bargaining…
Radio Officers Union and NOAA
Overtime proposals rejected
The union proposed overtime pay for specified weekend, holiday, and nighttime work without regard to statutory hours thresholds. It also sought employee choice of compensatory time in circumstances barred by a government wide rule. The Authority found both proposals inconsistent with pay law or…
AFGE Mint Council 157 and Bureau of the Mint
AFGE Mint Council and Mint (FLRA O-NG-686): Four work provisions rejected
The union proposed a four hour minimum scheduled overtime assignment, restrictions on unrelated duties, union membership on promotion panels, and rotation of temporary promotions. The Authority found that each constrained management's reserved rights over work assignments or selections. It…
NTEU Chapter 91 and IRS Southwest Region
NTEU and IRS Southwest (FLRA O-NG-632): Appraisal proposals rejected
The union proposed that absence of a particular review form establish a presumption about employee performance, and that appeals officers could elect to cancel or reconstruct past personnel actions. The Authority found that the first proposal restricted management's evaluation of work and the…
AFGE Local 1151 and Veterans Administration
AFGE Local 1151 and VA (FLRA O-NG-1067): Standards adjustment rejected
The union proposed adjustments to performance standards for veterans claims examiners when rating specialists without claims expertise assumed supervisory roles. The Authority found that the proposal required changes to the content of performance standards. That interfered with management's rights…
NAGE Local R5-168 and Fort Polk
Recreation access proposal rejected
The union proposed language about access to Fort Polk recreation facilities. The Authority found that access to these facilities did not directly concern bargaining unit conditions of employment, even though the Army regulated it. It dismissed the negotiability petition.
172d Infantry Brigade and AFGE Locals 1712, 1834, and 1949
172d Infantry Brigade (FLRA O-AR-946): Work assignment award set aside
An arbitrator interpreted an agreement to bar the Army from assigning certain unit work to other personnel when bargaining unit employees could perform it on overtime. The Authority found the award interfered with management's right to assign work. It set aside the award.
Marine Corps Logistics Base Albany and AFGE Local 2317
Marine Corps Albany (FLRA O-AR-929): Civilian work assignment order struck
An arbitrator ordered the Marine Corps to return specified work to civilian employees. The Authority found that the order substituted the arbitrator's judgment for management's decision about who would perform the work. It removed that part of the award.
AFGE Local 547 and Tampa VA Hospital
AFGE Local 547 and Tampa VA (FLRA O-AR-916): Cash award remedy replaced
A VA employee rated outstanding received a certificate but no cash performance award. An arbitrator found the employee had not been fairly considered and ordered a cash award. The Authority held that the agreement excluded decisions on incentive awards from the grievance procedure. It modified the…
SSA Region X and AFGE Local 3937
SSA Region X and AFGE (FLRA O-AR-913): Permanent reprimand record removed
An arbitrator directed permanent retention of records of employee reprimands in official personnel folders. The Authority found that a government wide personnel rule limited how long reprimands could remain there. It struck the portion of the award requiring permanent retention.
DOD Dependents Schools Atlantic and Overseas Education Association
DOD schools Atlantic (FLRA O-AR-781): Arbitrability ruling upheld
An arbitrator found certain grievances arbitrable after resolving conflicting language in a collective bargaining agreement. The school system challenged that interpretation. The Authority found that the exception reflected disagreement with the arbitrator's reading of the agreement, which was not…
VA Supply Depot and AFGE Local 2220
VA Supply Depot (FLRA O-AR-717): Disability leave backpay narrowed
A VA warehouse worker was placed on involuntary leave without pay while an agency disability retirement application was pending. An arbitrator ordered backpay for the full period. The Authority found that leave without pay became improper when OPM initially denied the application, then proper again…
Social Security Administration and AFGE Local 1501
SSA and AFGE (FLRA 9-CA-30259): Audit complaint dismissed
A supervisor changed how she gathered information for employee appraisals, using continuous case audits and a different review sheet. The Authority found those methods fell within existing supervisory discretion, so SSA had not changed working conditions requiring bargaining. A separate internal…
Food and Drug Administration Region VII and NTEU
FDA and NTEU (FLRA 7-CA-30466): Survey roll-up reports ordered
NTEU requested two kinds of employee survey reports from FDA. The Authority found district and regional roll-up reports were necessary for bargaining and that FDA provided them months too late. The union had not waived timely delivery by also negotiating over the reports. Feedback reports held by…
Defense Mapping Agency and NFFE Local 1827
Defense Mapping Agency (FLRA 7-CA-20482): Address complaint dismissed; later vacated
A judge found that the agency had to give the union employees' names and home addresses. The Authority reversed after weighing privacy against the union's need for the data. It found that the addresses were protected on this record and dismissed the complaint. After court review, the Authority…
Army and Air Force Exchange Service and AFGE
Exchange Service and AFGE (FLRA 6-CA-20285): Hours reduction bargaining ordered
The Army and Air Force Exchange Service reduced employees' hours without giving AFGE an opportunity to bargain over national procedures and arrangements for affected employees. It also withheld requested information about planned personnel reductions. The Authority adopted the judge's violation…
Navy Naval Facilities Engineering Command and NFFE Local 1430
Navy facilities command (FLRA 2-CA-1091): Awards committee complaint dismissed
The Navy made permanent a reduction in the advisory duties of an incentive awards committee. A judge found a failure to bargain. The Authority found that the decision itself concerned management rights and that the Navy had offered to bargain over effects and implementation. It dismissed the…
Portsmouth Naval Shipyard, Metal Trades Council, and Lloyd Cochrane
Portsmouth Shipyard (FLRA 1-CA-20262): Dues revocation rule narrowed
An employee tried to stop union dues withholding outside the negotiated annual revocation window. The Authority found that the timing rule was reasonable under the statute. It found a violation, however, in requiring employees to obtain, sign, and submit revocation forms at the union office. That…
Secretary of Labor v. Helvetia Coal Company
Methane testing violation sustained, withdrawal order reduced
Helvetia Coal tested for methane near a high cavity in its underground mine using a hand-held detector outside the cavity. MSHA issued a withdrawal order, finding that this method could miss methane trapped above the travelway. Judge Gary Melick agreed that the tests violated the preshift…
Secretary of Labor v. Youghiogheny & Ohio Coal Co.
Two violations and $1,950 penalty confirmed
After a hearing in the penalty case against Youghiogheny & Ohio Coal Co., Judge Joseph B. Kennedy tentatively found two violations and set penalties of $1,000 and $950. He then ordered the operator to show why that bench ruling should not become final. When the operator did not show cause, this…
Matter of Barocio
Motion to reopen denied after failure to report for deportation
The respondents, a husband and wife from Mexico, had been found deportable, denied suspension of deportation, and granted voluntary departure. After the Board dismissed their appeal and extended voluntary departure by 30 days, they did not depart, did not report for deportation after receiving…
Eastern Steel Erectors, Inc.
EAJA fee claim settled for $4,330
Eastern Steel Erectors had an application pending for attorney’s fees and expenses under the Equal Access to Justice Act. The parties agreed to end the fee dispute without further litigation. The Department of Labor agreed to pay $4,330 without conceding that the company was entitled to fees. In…
Hobet Mining and Construction Company
Equipment and dumping citations split, $1,380 assessed
Hobet Mining and Construction Company contested 19 citations at its No. 7 Surface Mine and Pine Creek No. 12 Preparation Plant. Judge James A. Broderick upheld citations for defective access ladders, inoperative low-air brake warnings, unsafe dumping, and an end loader operator's failure to wear a…
Secretary of Labor on behalf of Alan Gauthier v. Osborne Brothers Construction Inc.
Discharge complaint settled
The Secretary brought a complaint over Osborne Brothers Construction's alleged discriminatory discharge of employee Alan Gauthier at the Black Thunder Mine. Judge Michael A. Lasher Jr. approved the parties' settlement as an adequate remedy, with Gauthier's express agreement. Osborne Brothers had to…
Secretary of Labor v. Lambert Coal Company
Roof support citation vacated
MSHA cited Lambert Coal Company after an inspector found a large crack in the roof of an entry at its No. 44 Mine. The inspector believed the approved roof control plan required crossbars in addition to the installed roof bolts. Judge Roy J. Maurer credited the roof bolter's account that he had…
NTEU and HHS Human Development Services
NTEU and HHS (FLRA O-NG-1155): Late petition dismissed
HHS served a nonnegotiability allegation on NTEU by mail in June 1985. The Authority calculated a July 8 filing deadline under the applicable rules. NTEU filed its petition on July 15, so the Authority dismissed it as untimely.
NTEU and IRS National Office
NTEU and IRS (FLRA O-NG-1151): Lunch break petition dismissed
NTEU challenged the IRS's allegation that part of a lunch break proposal was nonnegotiable. The IRS withdrew that allegation while the petition was pending. With no remaining negotiability dispute, the Authority dismissed the petition.
AFGE Local 1151 and Veterans Administration
AFGE Local 1151 and VA (FLRA O-NG-1149): Petition dismissed after withdrawal
The VA alleged that a union proposal was nonnegotiable, and AFGE petitioned for review. The VA then withdrew its allegation. The Authority found no remaining negotiability issue and dismissed the petition.
Emiliano Rosa Cruz v. Puerto Rican Cement Company, Inc.
Reinstatement rescinded on remand
The Commission had remanded Emiliano Rosa Cruz's discrimination case against Puerto Rican Cement Company for more findings about an alleged threat and his interim earnings. After reviewing depositions, Judge James A. Broderick found that Cruz had seriously threatened an assistant personnel manager…
Secretary of Labor v. Black Diamond Coal Mining Company
Coal accumulation ruling affirmed
MSHA cited Black Diamond Coal Mining Company for combustible accumulations and a roof control plan violation at its Shannon Mine. Black Diamond admitted the roof control violation but disputed whether damp coal and dust along a beltline violated the accumulation standard. The Commission upheld the…
Secretary of Labor v. United States Steel Mining Co., Inc.
Ventilation finding reversed; roof control issue remanded
At U.S. Steel Mining's Maple Creek No. 2 Mine, MSHA cited a ventilation plan violation after measuring less than half the required air volume at a working face. The Commission reversed the judge's finding that this violation was not significant and substantial, reasoning that continued mining with…
United Mine Workers of America on behalf of James Rowe and others, and Secretary of Labor on behalf of Thomas L. Williams v. Peabody Coal Company
UMWA and Secretary of Labor v. Peabody Coal Company (FMSHRC KENT 82-103-D and related dockets): Commission finds judicial misconduct
During consolidated discrimination complaints against Peabody Coal Company, the Secretary raised concerns about Administrative Law Judge Joseph B. Kennedy's conduct. The Commission found that his telephone conversation with a Department of Labor attorney was a prohibited ex parte communication…
Southern Ohio Coal Company v. Secretary of Labor
Walkaround pay citation vacated
MSHA cited Southern Ohio Coal Company for failing to pay two union walkaround representatives who accompanied an inspection at its Martinka No. 1 Mine. Further investigation showed that the two inspectors had traveled together, so the Secretary concluded that only one representative needed to be…
NAGE Local R7-23 and Scott Air Force Base
NAGE Local R7-23 and Scott AFB (FLRA O-NG-1033): Competitive area proposal rejected
The union proposed a competitive area definition for reduction in force actions at Scott Air Force Base. The Authority found that the proposed area would include supervisors outside the bargaining unit. Because the Air Force did not elect to bargain about their conditions, it dismissed the petition.
AFGE Local 2244 and Naval Air Station Meridian
AFGE Local 2244 and Navy Meridian (FLRA O-NG-1025): Competitive area proposal rejected
The union proposed a definition of the competitive area for a reduction in force. The Authority found that either definition would include supervisors outside the bargaining unit. Because the proposal directly affected those employees and the Navy did not elect to bargain, it dismissed the petition.
VA Medical Center Lebanon and AFGE Local 1966
VA Lebanon and AFGE (FLRA O-AR-922): Training assignment award set aside
An arbitrator restricted the VA's use of day shift training for employees who had been trained and those awaiting training. The Authority found that the award interfered with management's right to assign work, which includes assigning training. It set aside the award.
Carswell Air Force Base and AFGE Local 1364
Carswell Air Force Base (FLRA O-AR-903): Debriefing duty ban struck
An arbitrator barred the Air Force from adding debriefing duties to avionic branch position descriptions. The Authority found that this part of the award prevented management from assigning work. It struck the final sentence of the award and left the rest in place.
New Cumberland Army Depot and AFGE Local 2004
Army Depot and AFGE (FLRA O-AR-893): Reassignment award set aside
An arbitrator rescinded an employee reassignment after finding the employee had been treated unfairly. The Authority found that the award interfered with management's right to assign employees and did not enforce a specific negotiated arrangement. It set aside the award.
VA Medical Center Newington and NAGE Local R1-109
VA Newington and NAGE (FLRA O-AR-806): Technician pooling order removed
An arbitrator ordered the VA to pool medical technicians with medical technologists outside the bargaining unit. The Authority found that this affirmative order reached positions and employees beyond the stipulated grievance. It modified the award to remove that relief while directing the VA to…
Secretary of Labor on behalf of Chris Steuer v. Cliff Sand & Gravel, Inc.
Discharge complaint settled
The Secretary alleged that Cliff Sand & Gravel discharged Chris Steuer in violation of the Mine Act's discrimination protection. Steuer had found work elsewhere and did not seek reinstatement. Under the settlement, the company paid $1,000 in lost wages, agreed to post a notice supporting the…
Federal Aviation Administration Northwest Mountain Region and PASS
FAA Northwest Mountain and PASS (FLRA 79-CA-30323): Reorganization bargaining ordered
The FAA reorganized field maintenance work into a Vancouver unit and revised job descriptions, with relocations, downgrades, and changed duties. It notified regional union officials but not PASS's designated national representative. The Authority found the changes had more than a minor impact and…
DOL Employment Standards Administration and AFGE Local 898
DOL Employment Standards (FLRA 7-CA-1109): Vehicle effects bargaining ordered
The Department of Labor ended individual vehicle assignments for field employees in its Denver region. The Authority found that the union had waived bargaining over the assignment decision but had not waived bargaining over procedures and arrangements for affected employees. It also found that the…
Federal Aviation Administration Fort Worth and PASS
FAA Fort Worth and PASS (FLRA 6-CA-30179): Watch schedule bargaining ordered
The FAA changed a Fort Worth watch schedule and holiday staffing while offering PASS only local consultation. The Authority found that an expired agreement did not waive PASS's request to bargain through its designated national representative. It ordered restoration of the prior holiday staffing…
DOL OSHA Chicago and AFGE Field Labor Locals
DOL OSHA Chicago (FLRA 5-CA-978): Vehicle effects bargaining ordered
OSHA ended individual government vehicle assignments for Chicago employees. The Authority found a violation because the union had not waived bargaining over procedures and arrangements for employees affected by the change. It ordered bargaining on request and reimbursement of losses only to the…
Federal Aviation Administration and PASS
FAA Great Lakes and PASS (FLRA 5-CA-30366): Reorganization bargaining ordered
The FAA closed five field offices in a Great Lakes reorganization that reassigned or relocated employees and changed duties. The Authority found that FAA failed to bargain with PASS over procedures and arrangements for affected workers. It ordered bargaining and priority consideration for…
Customs Service Region IV and NTEU
Customs Region IV (FLRA 43-CA-698): Settlement complaint dismissed
A union complaint against Customs was settled, then revived over a later refusal of an information request. The Authority found that the later request merely repeated one Customs had denied before the settlement. The refusal therefore did not breach the settlement agreement. It dismissed the…
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.