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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NFFE Local 15 and Army Armament Command
Rock Island Arsenal (FLRA O-NG-1022): Leave proposals rejected
NFFE proposed rules requiring leave without pay in specified circumstances and limiting when absences could be charged as AWOL. The Authority found that the first would constrain management's assignment of work and the second would limit its ability to discipline. It held both proposals outside the…
VA Medical Center Lincoln and AFGE Local 2219
VA Lincoln (FLRA O-AR-924): Incentive award bargaining narrowed
An arbitrator ordered a VA medical center to bargain over changes to incentive award criteria. The Authority found the criteria themselves were reserved to management. It narrowed the remedy to bargaining on request over procedures and appropriate arrangements for employees affected by changes…
Office of Personnel Management and AFGE Local 32
OPM and AFGE (FLRA O-AR-457): Reassignment award upheld
OPM reassigned an employee from claims examiner to contact representative. The arbitrator found that the agency breached Article 7, Section 13, ordered the grievant returned to the claims examiner position, and directed the parties to determine available remedial training and funds. The Authority…
Social Security Administration and AFGE Local 1164
SSA and AFGE (FLRA O-AR-433): Compensatory time struck
An arbitrator awarded a union official 115 and three quarters hours of compensatory time for work on a grievance concerning a probationary employee's separation. The Authority found no entitlement to overtime compensation or official time for that work under the governing rules. It struck the…
HHS Region X and NTEU
HHS Region X (FLRA 9-CA-30148): Entire unfair labor practice complaint dismissed
HHS transferred employees out of a bargaining unit and ended their union dues assignments. It also refused to bargain over a proposal concerning their access to unit positions. The Authority upheld dismissal of the dues and recognition allegations but reversed the judge's finding that the refusal…
Navy Naval Supply Center Oakland and AFGE Local 1533
Oakland Naval Supply Center (FLRA 9-CA-30108): Payroll complaint dismissed
The Naval Supply Center changed how it delivered paychecks and savings bonds. The Authority found those methods were part of the agency's payroll operations and negotiable only if the Navy elected to bargain. It reversed the judge's violation finding and dismissed the complaint against both Navy…
GSA Region 8 and AFGE Local 3275
GSA Region 8 (FLRA 7-CA-942): Formal meeting violation found
A GSA supervisor met separately with two groups of employees about compressed work schedules. The Authority found the first meeting informal but the second a formal discussion of a general personnel practice requiring union notice and an opportunity to attend. It ordered a notice remedy for the…
Department of Transportation and AFGE Local 2747
DOT and AFGE (FLRA 2-CA-20217): Payroll complaint dismissed
The Transportation Department changed the distribution of paychecks and savings bonds at a Coast Guard district. The Authority found those methods were part of the agency's payroll function and negotiable only if management elected to bargain. It dismissed the unfair labor practice complaint…
Secretary of Labor on behalf of Robert Ribel v. Eastern Associated Coal Corporation
Robert Ribel v. Eastern Associated Coal Corporation (FMSHRC WEVA 84-33-D): Retaliatory motive found on remand
After a Commission remand, the judge made additional findings about miner Robert Ribel's suspension and proposed discharge by Eastern Associated Coal Corporation. Ribel and coworkers had raised safety objections to a coal cutting practice and filed a discrimination complaint. The judge found that…
Belcher Mine, Inc.
Crusher settlement upheld and unsupported remarks stricken
An MSHA inspector cited Belcher Mine after finding damaged anchors on a mobile crusher at its limestone quarry. The parties agreed to a $750 civil penalty, and the judge approved their settlement. In his written decision, the judge also accused the inspector of perjury and the Secretary of Labor's…
Secretary of Labor o/b/o Clarke v. T. P. Mining, Inc.
Commission finds a prohibited private communication
The Commission examined a phone call between the judge presiding over a miner's discrimination case and the mine operator's lawyer. It found that asking whether settlement talks had concluded was a permissible status inquiry. The judge and lawyer also discussed an MSHA investigative report, and the…
Jim Walter Resources, Inc.
Safeguard settlement approved
After a Commission remand, the judge had asked Jim Walter Resources and the Secretary of Labor to address whether admitted conditions violated a mine safety safeguard. The parties then agreed to settle for the originally assessed $119. The judge found that the conditions violated the safeguard…
Jim Walter Resources, Inc.
Safeguard settlement approved
After a Commission remand, the judge had asked Jim Walter Resources and the Secretary of Labor to address whether admitted conditions violated a mine safety safeguard. The parties then agreed to settle for the originally assessed $119. The judge found that the conditions violated the safeguard…
Keystone Coal Mining Corp.
Tentative dust citation modification
Keystone Coal Mining admitted a violation of the respirable dust limit but contested MSHA's finding that it resulted from unwarrantable failure. In a tentative decision, the judge found that Keystone had checked its dust control equipment and trained miners, and that the record did not show…
Ozark-Mahoning Company
Eye protection citation upheld
MSHA cited Ozark-Mahoning Company after two miners drilled at its underground mine without eye protection. The judge found that rock chips from drilling posed a serious eye injury risk and that the cited eye protection standard applied. He rejected the company's reliance on statements about when…
Jim Walter Resources, Inc.
Belt safeguard violation upheld and settlement approved
MSHA sought penalties against Jim Walter Resources for two violations at its coal mine. The parties settled a citation about supervisors not countersigning the weekly examination book: MSHA removed its significant and substantial designation, and the judge approved a reduced $75 penalty. For a…
Jim Walter Resources, Inc.
Coal belt safeguard citations upheld
MSHA sought penalties for two citations against Jim Walter Resources involving coal-carrying conveyor belts at its mine. The parties stipulated to the cited conditions and agreed that a separate Commission ruling on whether the safeguard covered coal-carrying belts would decide these citations…
Peabody Coal Company
Training schedule citation upheld
MSHA cited Peabody Coal Company after four night shift miners at its surface mine attended annual refresher training during the day shift. The rule required training during normal working hours, and Peabody argued that moving employees between shifts was a common practice at the mine. On stipulated…
United Mine Workers of America on behalf of Oliver Harvey v. Kitt Energy Corporation
UMWA on behalf of Oliver Harvey v. Kitt Energy Corporation (FMSHRC WEVA 85-61-D): Work refusal discrimination complaint dismissed
The United Mine Workers of America challenged Kitt Energy Corporation's unpaid suspension of miner Oliver Harvey after he refused to hand-carry two ventilation tubes. Harvey said that carrying them would strain his back. The judge found that Harvey had not shown a good-faith, reasonable belief that…
BCNR Mining Corporation
$160 settlement approved
MSHA's civil penalty case against BCNR Mining Corporation and the company's related contest concerned an order at the Newfield Mine. During an evidentiary hearing, the parties asked to settle the penalty case and withdraw the contest. Judge Joseph B. Kennedy approved the agreement after his own…
Secretary of Labor o/b/o Clarke v. T.P. Mining, Inc.
Unsupported criticism of government lawyer stricken
The Secretary of Labor and T.P. Mining reached a settlement of a miner's discrimination complaint, and the Secretary agreed to forgo seeking a civil penalty. The judge separated the penalty issue from the complaint and sharply criticized the Secretary's lawyer in an order. On review, the Commission…
Monterey Coal Company, Inc.
Ventilation violation and $850 penalty upheld
Monterey Coal's ventilation plan required at least 5,000 cubic feet of air per minute at a working face where coal was being cut, but an inspector measured only 1,900. Monterey admitted a plan violation but challenged the judge's significant-and-substantial and gross-negligence findings. The judge…
Monterey Coal Company
Contractor joinder reversed and penalty case remanded
The Secretary of Labor sought civil penalties from Monterey Coal after three alleged safety violations at a mine shaft project, then asked to add Monterey's contractor, Frontier-Kemper, as another respondent. The Commission held that the Secretary could not add the contractor directly to the…
Keystone Coal Mining Corp.
Contest withdrawn after penalty settlement
Keystone Coal Mining Corporation withdrew its contest of an MSHA order when the case was called for hearing. The parties agreed to settle the related penalty by paying the amount originally assessed for the violation in that order. Judge James A. Broderick approved the settlement, granted the…
SSA Baltimore and AFGE Local 1501
SSA Baltimore (FLRA 79-CA-30198): Duplicate complaint dismissed
A national union grievance challenged SSA's refusal of official time to certain local representatives. A local later brought an unfair labor practice complaint over the same issue. The Authority held that the earlier national grievance elected the available procedure and barred the later complaint.
FDA Region VII and NTEU
FDA Region VII (FLRA 7-CA-30133): Dress code records complaint dismissed
NTEU requested material about personal appearance and attire practices in other FDA offices while bargaining with Region VII. The Authority found no showing that those outside office practices and agreements were necessary for the local negotiations. It dismissed the information disclosure…
FCI Butner and AFGE Local 3696
FCI Butner (FLRA 4-CA-1255): Grievance investigation protected
A prison employee interviewed witnesses on his own time while preparing a grievance about possible discipline. The prison issued a memorandum warning him against further witness contact. The Authority found that gathering evidence for a grievance was protected activity and ordered the warning…
FDIC Headquarters and NTEU
FDIC and NTEU (FLRA 3-CA-2589): Impasse demand violation found
FDIC pressed two midcontract bargaining proposals to impasse. The Authority found the first reflected statutory bargaining rights and could properly be pressed. The second would let FDIC implement a change after 45 days even while the Federal Service Impasses Panel was considering it. Because the…
Philadelphia Naval Shipyard and Metal Trades Council
Philadelphia Naval Shipyard (FLRA 2-CA-20245): Snow pay bargaining ordered
The Navy shipyard changed its practice of paying environmental differential pay for snow removal work as required by law. The Authority found that it still had to offer the union bargaining over procedures and arrangements for affected employees. It ordered bargaining and a notice, while dismissing…
Naval Underwater Systems Center and NAGE Locals
Naval Underwater Systems Center (FLRA 1-CA-30010): Paycheck complaint dismissed
A Navy center changed paycheck delivery for newly hired employees from hand delivery to mail. The Authority found that the delivery method was a payroll operation negotiable only at management's election. Its effect on unit employees was too small to require effects bargaining. It dismissed both…
INS Eastern Regional Office and AFGE Council
INS Eastern Region (FLRA 1-CA-20278): Reassignment bargaining ordered
INS expanded its internal reassignment program to more positions and lengthened potential assignments without bargaining. The Authority found the changes had more than a minor foreseeable effect on unit employees and that several union procedures were negotiable. It ordered notice and bargaining on…
NFFE Local 1300 and General Services Administration
GSA and NFFE (FLRA 0-NG-870): Inspector inquiry proposals rejected
NFFE proposed employee protections during Inspector General investigations, including limits on investigative methods and reimbursement of defense costs. The Authority found the disputed sections outside the duty to bargain because they constrained internal security decisions, covered people…
IBEW Local 640 and Bureau of Reclamation
Bureau of Reclamation (FLRA 0-NG-766): Footwear proposal rejected
The union proposed to let employees buy protective footwear from sources other than Federal Prison Industries. The Authority found that federal law required the agency to obtain available products from Federal Prison Industries. It held the proposal inconsistent with law and dismissed the petition.
NTEU and Treasury Bureau of Governmental Financial Operations
Treasury Financial Operations (FLRA 0-NG-758): Vacancy provision approved
A local agreement directed the bureau to consider qualified employees facing separation before filling vacancies from outside, absent just cause. The Authority read the provision as preserving management's choice of a better qualified candidate or another lawful option. It held the provision…
Robins Air Force Base and AFGE Local 987
Robins Air Force Base (FLRA 0-AR-784): Hazard pay narrowed
Employees working in Building 54 sought environmental differential pay for exposure to hazardous chemicals. An arbitrator extended the award beyond the grievants. The Authority limited it to grievants paid under a Federal Wage System schedule who were exposed during the claimed period from 1980 to…
HUD and AFGE Local 476
HUD and AFGE (FLRA 0-AR-756): Competitive area ruling struck
An interest arbitrator resolved an impasse over the competitive area used for a reduction in force. The Authority found he had decided whether the expired agreement's provision was a permissive subject of bargaining under the labor statute. That statutory duty to bargain issue belonged before the…
NTEU and U.S. Customs Service
Customs Service (FLRA 0-AR-687): Overtime assignment award upheld
An arbitrator enforced negotiated procedures for assigning Sunday and holiday overtime to customs inspectors. The Authority found that the award selected inspectors for work management had already decided to perform. It rejected the agency's management rights and past practice objections and denied…
Bureau of Indian Affairs and NFFE Local 655
BIA and NFFE (FLRA 0-AR-456): Attorney fee award returned
An arbitrator restored 337 hours of compensatory time to a Bureau of Indian Affairs teacher and awarded attorney fees. The Authority rejected the agency's objections to the compensatory time remedy. It returned the fee portion for specific findings under the Back Pay Act standards.
James W. Mackey, Jr. and Jeffrey L. Clegg v. Consolidation Coal Company
Mackey and Clegg v. Consolidation Coal Company (FMSHRC WEVA 85-86-D): Discrimination complaints dismissed
Miners James W. Mackey, Jr. and Jeffrey L. Clegg claimed that Consolidation Coal fired them in retaliation for a federal inspector's disagreement with mine management about a noise reduction plan. The inspector was Mackey's father. The judge held that miners could be protected from retaliation for…
SSA Baltimore and AFGE
SSA transfers (FLRA 8-CA-30094): Bargaining complaint dismissed
SSA transferred two employees between California offices. The Authority found that selecting employees for transfer followed an existing practice, and the union had notice and a chance to propose bargaining over effects on the two employees. Its proposals instead challenged the general selection…
NAGE Local R14-87 and Kansas National Guard
Kansas National Guard (FLRA 0-NG-904): Technician specialty proposal rejected
The union proposed allowing National Guard technicians to use a secondary military occupational specialty to satisfy civilian and military job compatibility. The Authority found a compelling need for the Guard regulation governing that compatibility. It held the proposal outside the duty to bargain…
AFGE Local 3823 and FDIC Boston Region
FDIC Boston (FLRA 0-NG-790): Petition dismissed as moot
AFGE Local 3823 sought negotiability review against the FDIC Boston Region. Another representative was later certified for the employees in the bargaining unit. The Authority found no remaining bargaining relationship with the petitioning local and dismissed the petition without reaching the merits.
AFGE Local 3804 and FDIC Chicago Region
FDIC Chicago (FLRA 0-NG-685): Petition dismissed as moot
AFGE Local 3804 sought review of a negotiability dispute with the FDIC Chicago Region. A different representative was later certified for the bargaining unit. Because the local no longer had a bargaining relationship with the agency, the Authority dismissed the petition without deciding its merits.
Pipe Fitters Local 602 and Walter Reed Army Medical Center
Walter Reed (FLRA 0-NG-1139): Late petition dismissed
A union sought review of Walter Reed's allegation that a proposal was nonnegotiable. The allegation was mailed April 8, 1985, making April 29 the filing deadline. The Authority received the petition June 3 and dismissed it as untimely.
NAGE Local R7-36 and Savannah Army Depot
Savannah Army Depot (FLRA 0-NG-1029): Shift notice provision rejected
A local agreement required written notice at least two weeks before most shift changes. The Authority found that the provision could block schedule revisions required by a government wide workweek regulation. It held the provision outside the duty to bargain and dismissed the petition.
NAGE Local R1-25 and Brockton/West Roxbury VA Medical Center
NAGE Local R1-25 and Brockton/West Roxbury VA (FLRA 0-AR-975): Exceptions filed late
The Brockton/West Roxbury VA Medical Center filed exceptions to an arbitration award served by mail on April 4, 1985. The Authority calculated a May 8 deadline for filing. The exceptions arrived on May 13, so it dismissed them as untimely without addressing the award's merits.
DOD Dependents Schools Pacific and Overseas Education Association
DOD Pacific schools (FLRA 0-AR-974): Late exceptions dismissed
The school system filed exceptions to an arbitration award served by mail on April 4, 1985. The Authority calculated a May 8 filing deadline and received the exceptions on May 9. It dismissed them as untimely under the amended filing rule and did not decide the substance of the arbitration dispute.
Secretary of Labor (MSHA) on behalf of Billy Dale Wise and Leo E. Conner v. Consolidation Coal Company
Secretary of Labor on behalf of Wise and Conner v. Consolidation Coal Company (FMSHRC WEVA 85-148-D): Inspection representatives' pay claims denied
The Secretary brought discrimination complaints on behalf of miners Billy Dale Wise and Leo E. Conner, who accompanied MSHA inspectors as representatives of miners for part of their shifts at Consolidation Coal's Ireland Mine. They were paid for that time but claimed another $10.62 each in overtime…
William J. Buda v. DeCondor Coal Company
Recall complaint dismissed for lack of a Mine Act claim
William J. Buda alleged that DeCondor Coal Company recalled two less-senior workers after a layoff but did not recall him. After MSHA denied his complaint, he filed a discrimination case before the Commission. Judge Roy J. Maurer accepted the recall allegation as true for the purpose of deciding…
Castle Air Force Base and NAGE Local R12-91
Castle Air Force Base (FLRA 9-CA-967): Child care complaint dismissed
Castle Air Force Base ended a practice allowing children of child care center employees to attend without payment. The Judge found no violation in ending the practice without bargaining over the decision, but found a failure to bargain over its impact and implementation. The Authority adopted the…
Bureau of Alcohol Tobacco and Firearms and NTEU
ATF and NTEU (FLRA 9-CA-549): Promotion data disclosure ordered
NTEU sought a promotion package to evaluate an employee's nonselection grievance. ATF supplied a version with information removed and billed the union for it. The Authority identified further applicant history needed to compare qualifications and found that necessary data had to be supplied without…
Arizona Air National Guard and AFGE Local 2924
Arizona Air Guard (FLRA 8-CA-30098): Threat violation found
An Arizona Guard officer told two visible union supporters they would be watched closely, which the Authority found an implied threat of reprisal. It dismissed other challenged statements and the separate unfair labor practice complaint. It also rejected all objections to the representation…
Department of the Navy and SEIU Local 556
Navy paycheck delivery (FLRA 8-CA-30006): Bargaining complaint dismissed
The Navy directed local activities to deliver paychecks by mail to newly hired employees. The Authority found paycheck delivery was a payroll method negotiable only if the agency elected to bargain. It held that the directive did not establish the alleged refusal to bargain and dismissed the…
INS Los Angeles and AFGE Local 505
INS Los Angeles (FLRA 8-CA-20180): Reorganization bargaining ordered
INS reorganized its Deportation Section after rejecting union proposals for bargaining over the effects. The Authority found five proposals negotiable and ruled that implementation without bargaining violated the statute. It ordered future notice and effects bargaining, but declined to undo the…
IRS Kansas City Service Center and NTEU Chapter 66
IRS Kansas City (FLRA 7-CA-1000): Implementation complaint dismissed
The IRS changed work unit practices while discussing the changes with NTEU. It deferred implementation in units where bargaining requests remained unresolved, and the parties later reached an impact and implementation agreement. The Authority found that the union had not been prevented from…
Scott Air Force Base and NAGE Local R7-23
Scott Air Force Base (FLRA 5-CA-30222): Schedule records complaint dismissed
NAGE requested work schedules of military personnel to support employee grievances. The Authority found the military personnel were outside the bargaining unit and not similarly situated to the employees involved. The union had not demonstrated that their schedules were necessary for…
IRS Atlanta Service Center and NTEU
IRS Atlanta (FLRA 4-CA-589): Carpool complaint dismissed
The IRS changed a carpool program while a union negotiability appeal was pending. The complaint alleged that implementation during the appeal itself violated the statute. The Authority found no violation on that narrow theory and dismissed the complaint, while noting that a different unilateral…
Navy Public Works Center Norfolk and Tidewater Metal Trades Council
Navy Norfolk (FLRA 4-CA-20279): Paycheck complaint dismissed
A Navy public works center changed its method of delivering paychecks. The Authority found the delivery method was a payroll operation negotiable only at the agency's election, and the Navy rule did not conflict with the current collective agreement. It dismissed the unfair labor practice…
Defense Mapping Agency and AFGE Local 3407
Defense Mapping Agency (FLRA 3-CA-40073): AWOL complaint dismissed
The agency charged a union negotiator 15 minutes of absence without leave after he arrived late for a scheduled bargaining session. A judge found no unfair labor practice on the circumstances presented. The Authority adopted that ruling and dismissed the complaint.
Patent and Trademark Office and Patent Office Professional Association
Patent Office (FLRA 3-CA-30778): Memorandum enforced
The Patent Office and its union agreed to a memorandum of understanding in December 1982. With no timely written disapproval, it became binding by operation of law. The Authority found that the Commissioner later repudiated it and ordered the office to honor it. It dismissed a separate claim based…
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.