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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Office of Personnel Management and NFFE
OPM and NFFE (FLRA 3-CA-20201): Salary rule complaint dismissed
NFFE alleged that OPM should have consulted it before issuing a federal personnel manual installment on special salary rates. The Authority found the installment essentially restated an existing regulation and did not change OPM's practice of reviewing rates. It dismissed the unfair labor practice…
Social Security Administration and AFGE
SSA Quality Improvement Project (FLRA 3-CA-1960): Bargaining ordered
SSA implemented a Quality Improvement Project without completing good faith bargaining over procedures and arrangements for affected employees. The Authority sustained a bargaining violation and ordered future notice and bargaining. It declined to restore the prior program state because that would…
SSA Northeastern Program Service Center and AFGE Local 1760
SSA Northeastern center (FLRA 2-CA-30368): Grievance records ordered
AFGE requested detail and leave records to process a grievance over compensatory time for overtime work. The Authority found bargaining unit employees' records necessary for the grievance and ordered disclosure. It found no demonstrated need for supervisors' leave records and excluded those from…
AFGE Grain Inspection Council and USDA Federal Grain Inspection Service
USDA Grain Inspection (FLRA 0-NG-894): Schedule proposal rejected
The union proposed advance restrictions on changes to employee work schedules. The Authority found that the proposal could prevent the service from revising a workweek as required by a government wide regulation. It held the proposal outside the duty to bargain and dismissed the petition.
AFGE Local 1409 and Army Publications Center Baltimore
Army Publications Center (FLRA 0-NG-843): Pay delivery proposal approved
AFGE sought bargaining over a proposal concerning paycheck delivery at the Baltimore publications center. The Authority found that the agency had not shown a conflict with law or applicable regulation. It held the proposal within the duty to bargain and ordered bargaining on request.
Air Force Logistics Command and AFGE Council 214
Air Force Logistics Command (FLRA 0-AR-952): Official time award set aside
An interest arbitrator required full time official time for union representatives despite an agency negotiability objection. The Authority found that deciding whether the proposal was within the statutory duty to bargain belonged to its negotiability review process. It set aside the award.
VA Medical Center and AFGE Local 31
VA Medical Center (FLRA 0-AR-794): Weekend overtime pay struck
An arbitrator found that a VA facility restricted the union's chance to discuss a temporary schedule change and awarded employees weekend overtime pay. The Authority found no determination that the violation directly caused them to lose the overtime work. It struck the pay portion under the Back…
UMWA on behalf of James W. Griffin et al. v. Algonquin Coal Company et al.
UMWA on behalf of Griffin and other miners v. Algonquin Coal Company (FMSHRC WEVA 84-148-D): Inspection retaliation complaint dismissed
The UMWA claimed that operator Howard Cline asked miners at the Jane Ann No. 31 Mine to complain to MSHA about frequent inspections, then laid them off because they refused. The judge held that the miners' refusal to seek fewer inspections was protected under the Mine Act. He found, however, that…
Bureau of Alcohol Tobacco and Firearms and NTEU
ATF Explosive Safety Order (FLRA 3-CA-2643): Impasse bargaining ordered
ATF implemented provisions of an Explosive Safety Order while negotiations were pending before the Federal Service Impasses Panel. The Authority found violations of the duty to maintain the proper bargaining process and cooperate with impasse procedures. It ordered bargaining over a union proposal…
National Guard Bureau and NAGE
National Guard Bureau (FLRA 3-CA-2586): Consultation notice ordered
The Bureau gave NAGE one day of notice before announcing a policy to convert technician positions to active duty or reserve positions. The Authority found that this did not allow the union a reasonable period to present views and recommendations under its national consultation rights. It ordered…
SSA Northeastern Program Service Center and AFGE Local 1760
SSA Northeastern center (FLRA 2-CA-30144): Proposal complaint dismissed
AFGE submitted proposals about how the service center would evaluate employees and assign work. SSA refused to bargain over six disputed proposals. The Authority found each outside the duty to bargain because it limited management rights, and dismissed the unfair labor practice complaint.
Fort Bragg and AFGE Local 1770
Fort Bragg (FLRA 0-AR-858): Library promotion made conditional
An arbitrator awarded a library aide a retroactive temporary promotion and backpay for higher grade work. The Authority found the record unclear on whether she met the minimum qualifications at the time. It modified the award so the promotion and pay would apply only if she met those qualifications…
IRS Houston District and NTEU Chapter 222
IRS Houston (FLRA 0-AR-732): Unused parking award set aside
An arbitrator ordered reimbursement for the unused portion of a rented parking space during official travel. The Authority found that the space was not used to facilitate government travel on those days and the prorated charge was not a necessary travel expense. It set aside the award.
VA Medical Center New Orleans and AFGE Local 3553
VA New Orleans (FLRA 0-AR-703): Foreman promotion award set aside
An arbitrator ordered promotion and backpay for a VA employee who sought a pipefitter foreman position. The Authority found no determination that improper agency action directly caused a lost promotion. It held that backpay lacked the required causal basis and that directing a selection interfered…
Secretary of Labor on behalf of Robert A. Ribel v. Eastern Associated Coal Corporation
Secretary on behalf of Ribel v. Eastern Associated Coal (FMSHRC WEVA 84-33-D): Retaliation case returned for specific findings
An administrative law judge found that Eastern Associated Coal unlawfully discharged miner Robert Ribel and ordered reinstatement with back pay. Eastern appealed the merits, while Ribel challenged the denial of private attorney fees. The Commission found that the judge had not made the factual…
Harry L. Wadding v. Tunnelton Mining Company
Discharge discrimination complaint dismissed
Harry Wadding, a mine examiner at Tunnelton's Marion Mine, alleged that the company discharged him for reporting safety problems. Judge Gary Melick found that Wadding made protected safety complaints and that a mine foreman reacted negatively to some of them. The judge nevertheless found that…
Little Sandy Coal Sales, Inc. v. Secretary of Labor
Withdrawal order affirmed after failure to provide a toilet
Little Sandy Coal Sales contested an MSHA withdrawal order at its coal processing facility. On remand, Judge Gary Melick found that the company crushed and sized coal to meet customers' needs, so the facility was a mine covered by the Mine Act. The company had no approved sanitary toilet when cited…
Secretary of Labor v. Half Way, Incorporated
Roof control citation affirmed
MSHA cited Half Way's No. 1 Mine for mining near the edge of a coal seam without the extra roof supports required by its approved roof control plan. Judge James A. Broderick found that two rooms had been mined within 150 feet of the outcrop without the required posts, and that the roof had…
Secretary of Labor v. Neibert Coal Company, Inc.
Default penalties assessed
MSHA sought penalties for 16 alleged safety and health violations at Neibert Coal's No. 2 Mine. A planned settlement did not arrive, and Neibert stopped responding to requests for financial information and the judge's orders. Judge George A. Koutras found the company in default under the…
Secretary of Labor v. Jim Walter Resources, Inc.
$100 penalty confirmed
The Secretary of Labor sought a civil penalty against Jim Walter Resources for its No. 4 Mine. Neither party showed cause why Judge Joseph B. Kennedy's tentative decision should not be confirmed. The judge adopted that decision as the final disposition and ordered the operator to pay the assessed…
DOL OSHA and AFGE Field Labor Locals
DOL OSHA (FLRA 3-CU-40006): Safety managers included in unit
DOL OSHA sought review of whether Safety and Occupational Health Managers at the GM-13 grade were management officials excluded from a bargaining unit. The Authority found they implemented established policy and supplied information to regional directors rather than formulating or determining…
Health Care Financing Administration and AFGE
HCFA and AFGE (FLRA 3-CA-20319): Organizing access complaint dismissed
AFGE alleged that the Health Care Financing Administration improperly assisted a rival union by allowing its nonemployee representatives to solicit at the Baltimore headquarters. A judge found the agency had not unlawfully sponsored or assisted the rival union on the record. The Authority adopted…
AFGE Local 12 and Department of Labor
DOL and AFGE (FLRA 0-NG-494): Detail records proposal approved
AFGE submitted eight proposals concerning a possible reduction in force. The Authority held that Proposal 7, requiring documentation for employee details, was within the duty to bargain and ordered bargaining on request. It rejected the other seven proposals because of legal and management rights…
INS and AFGE Local 40
INS and AFGE (FLRA 0-AR-602): Inspector backpay struck
An arbitrator found an agreement violation in overtime assignment priorities for immigration inspectors and ordered backpay. The Authority found no specific lost overtime assignments or pay losses tied to the violation. It struck the backpay provision while leaving the remaining award in place.
VA Medical Center Kerrville and AFGE Local 2281
VA Kerrville (FLRA 0-AR-482): Reassignment choice award set aside
An arbitrator gave a VA employee a choice of vacant positions for reassignment based on her preference and seniority. The Authority found that the award compelled management to assign an employee according to those criteria. It set aside the award as interfering with the statutory right to assign…
Local Union 1609, District 2, UMWA v. Greenwich Collieries
Local Union 1609 v. Greenwich Collieries (FMSHRC PENN 84-158-C): Remand request denied during compensation appeal
The miners' union sought one week's compensation after an explosion closed Greenwich Collieries' mine. An ALJ dismissed the complaint, and the Commission granted review. The union asked for a remand so the judge could consider later MSHA withdrawal orders and an accident report. The Commission…
Secretary of Labor v. United States Steel Mining Company, Inc.
Trolley wire guarding violation affirmed
An MSHA inspector cited U.S. Steel's Maple Creek No. 1 mine after a mantrip regularly stopped to unload miners beneath an energized, unguarded trolley wire. An ALJ found a violation of the rule requiring trolley wire guards at mantrip stations, and the company sought Commission review. The…
Customs Service Region VIII and NTEU
Customs Region VIII (FLRA 9-CA-993): Crediting plan complaint dismissed
NTEU sought a crediting plan used to evaluate an employee for promotion so it could process his nonselection grievance. Customs refused to supply the plan. A judge rejected the disclosure claim under the governing circumstances, and the Authority adopted the judge's findings and dismissed the…
General Services Administration and AFGE
GSA and AFGE (FLRA 9-CA-40239): Arbitration pay enforced
GSA failed to implement a final arbitration award requiring 37.5 hours of straight time pay for an employee. The Authority found that refusing to pay the amount set in the award violated the duty to comply with a binding arbitration result. It ordered GSA to provide the pay and post a notice.
Customs Service Region IV and NTEU
Customs Region IV (FLRA 4-CA-30480): Discipline data complaint dismissed
NTEU sought discipline records of an employee outside its bargaining unit to aid grievances for two unit employees. The Authority found that the nonunit employee had different decision makers and dissimilar underlying incidents. The union had not shown the records necessary for its grievances, so…
NTEU Chapter 21 and Bureau of Engraving and Printing
Bureau of Engraving (FLRA 0-NG-558): Search proposals rejected
NTEU proposed restrictions on searches of employee clothing and bodies and signs about employee rights at package inspection points. The Authority found the proposals conflicted with the bureau's internal security authority in the circumstances presented. It dismissed the negotiability petition; a…
Army Missile Command Redstone Arsenal and AFGE Local 1858
Redstone Arsenal (FLRA 0-AR-774): Selection award set aside
An arbitrator applied a 1979 labor agreement to an Army selection made in 1978 and ordered a remedy for a former GS-14 employee. The Authority found that the agreement was not in force when the selection occurred. Because this timing error was central to the award, it set the entire award aside.
Secretary of Labor v. Barnes & Tucker Company
$150 settlement approved
The Secretary of Labor and Barnes & Tucker Company proposed a $150 settlement of a civil penalty case involving the Lancashire No. 24-B Mine. MSHA acknowledged that its failure-to-abate closure order had been issued in error. Judge Joseph B. Kennedy also found the evidence supporting the underlying…
Army Corps Kansas City District and NFFE Local 29
Army Corps Kansas City (FLRA 7-CA-30395): Debt collection complaint dismissed
NFFE sought bargaining over debt collection procedures after Congress passed a new debt collection law. The Corps had not applied the law to unit employees or changed its debt collection method. The Authority found no changed condition of employment requiring bargaining and dismissed the complaint.
Internal Revenue Service District Office Unit and NTEU
IRS district unit (FLRA 3-CA-774): Midterm complaint dismissed
NTEU proposed bargaining after OPM delegated recruitment and examination authority to the IRS for revenue agents. The Authority found that the IRS had not changed the procedures, methods, or criteria it used during the existing agreement. It held that the IRS had no duty to bargain over these union…
Hawaii Federal Employees Metal Trades Council and Pearl Harbor Naval Shipyard
Pearl Harbor (FLRA 0-NG-1121): Incomplete petition dismissed
The Authority told the union that its negotiability petition failed to meet several filing requirements and explained how to complete the appeal. The union made no submission within the time allowed. The Authority dismissed the petition for failure to comply with its procedural regulations, without…
Missouri National Guard and NAGE Locals
Missouri National Guard (FLRA 7-CA-30494): Flexitime complaint dismissed
NAGE requested midterm bargaining over a flexitime plan. The Guard had made no change in employees' working conditions, and the request did not use the agreement's reopener. The Authority found no duty to bargain on those circumstances and dismissed the complaint.
NAGE Local R14-9 and Dugway Proving Ground
Dugway Proving Ground (FLRA 0-NG-733): Administrative leave proposal rejected
NAGE proposed paid administrative leave for employees affected by a partial facility closure instead of charging annual leave. The Authority found a compelling need for the Army regulations barring that leave to meet cost saving and mission goals. It held the proposal outside the duty to bargain…
D.C. Police Association and U.S. Park Police
Park Police (FLRA 0-NG-560): Discipline grievance proposal rejected
The union proposed allowing Park Police employees to challenge minor disciplinary penalties through a negotiated grievance procedure. The Authority found that a separate statute placed final authority over that discipline with the Secretary of the Interior. It held the proposal inconsistent with…
Secretary of Labor v. Bradford Coal Company, Inc.
Dismissal vacated and case remanded
An ALJ dismissed the Secretary of Labor's civil penalty case against Bradford Coal because the Secretary had not filed a brief after a hearing. The Secretary explained that the assigned lawyer had left and the case file had been closed inadvertently, and asked for a decision on the existing record…
Secretary of Labor on behalf of William C. Beveridge v. Globe Enterprises
Discrimination case settled for $500
The Secretary of Labor brought a discrimination proceeding on behalf of William Beveridge against Globe Enterprises, involving its Blacksville No. 1 Mine. After a hearing, the parties proposed a settlement paying Beveridge $500 in two $250 installments and withdrawing the proposed penalty. Judge…
Secretary of Labor v. East Gulf Fuel Corporation
$1,808 settlement approved
The Secretary of Labor and East Gulf Fuel Corporation asked to settle two civil penalty cases involving the East Gulf No. 4 Mine. They agreed to the amounts initially assessed, totaling $1,808. Judge Joseph B. Kennedy independently reviewed the proposal and found it acceptable. He ordered payment…
Allen E. Young and Jess T. McCleary v. Atlas Minerals
Discrimination complaints dismissed
Allen Young and Jess McCleary alleged that Atlas Minerals discharged them after a serious radon daughter exposure and a dispute over changes to their exposure records. Judge John J. Morris found that Young's objections to the record changes were protected safety complaints and that McCleary shared…
Secretary of Labor v. Atlas Minerals
Radon safety citations largely affirmed
MSHA sought penalties against Atlas Minerals for radon daughter exposure, ventilation, respiratory protection, sampling, warning signs, and posting practices at its uranium mines. Judge John J. Morris found violations involving excessive exposure, inadequate protective measures, and failure to post…
Secretary of Labor v. Standard Metals Corporation
Explosives and silica dust violations affirmed
MSHA cited Standard Metals for unsafe explosives handling in its underground mine and excessive respirable silica dust at its surface mill. Judge John A. Carlson found that deteriorated dynamite was not promptly destroyed and that a portable explosives magazine was placed in the line of blasting…
Tunnelton Mining Company v. Secretary of Labor
Order contests withdrawn
Tunnelton Mining Company contested two MSHA orders involving its Marion Mine. The company moved to withdraw both contests. Judge Joseph B. Kennedy found good cause, granted the withdrawal motion, and dismissed both cases. The order does not describe the alleged violations, decide the validity of…
Maritime Metal Trades Council and Panama Canal Commission
Panama Canal Commission (FLRA 0-NG-979): Five proposals rejected
The council proposed five employment terms, including early retirement and a work schedule that would accumulate extra hours for several weeks off. The Authority found each proposal outside the duty to bargain under the governing statutes and management rights limits. It dismissed the petition as…
Secretary of Labor v. Ruttman Corporation
$84 silo hazard settlement approved
MSHA cited Ruttman Corporation for tripping hazards and unguarded floor openings on top of a silo at its Pine Creek No. 12 preparation plant. The openings presented an approximately 30-foot fall hazard. Each citation carried a $42 assessment, and the parties proposed settlement at those original…
Secretary of Labor v. Consolidation Coal Company
Coal dust order settled for $1,250
MSHA issued an order to Consolidation Coal after an inspector found float coal dust and loose coal along about 2,200 feet of conveyor belt at the Pursglove No. 15 mine. The violation of the coal accumulation standard initially carried a $1,500 assessment. The Secretary proposed a $1,250 settlement…
Secretary of Labor v. Medusa Cement Company
$2,000 safety belt settlement approved
Two Medusa Cement employees were moving railroad cars without safety belts at the Clinchfield Mine and Mill. One employee was thrown from a car during a collision and died after falling beneath its wheels. Chief Administrative Law Judge Paul Merlin found the safety belt violation extremely grave…
Secretary of Labor v. Florida Lime & Dolomite Co., Inc.
Fuel truck brake citation settled
MSHA cited Florida Lime & Dolomite because a fuel-hauling truck at its Gulf Hammock Mine did not have working brakes. The parties agreed that a collision could have spilled flammable liquid and proposed settlement for the original $300 penalty. Chief Administrative Law Judge Paul Merlin found the…
Secretary of Labor v. U.S. Steel Mining Co., Inc.
Track switch and cable citations settled
MSHA cited U.S. Steel Mining at its Maple Creek No. 2 Mine for an inoperable track switch signal and a damaged cable serving an energized crusher. The Secretary proposed reducing the original combined $349 assessment because the track was one-way and the exposed cable conductors remained insulated…
Secretary of Labor v. Texas Mining Company
$36 access citation settled
MSHA cited Texas Mining Company for an unsafe step between a stairway and a work platform at its Voca Pit and Plant. The parties proposed to settle the citation for the original $36 assessment. The Secretary reported that the operator immediately raised the stairway landing to match the platform…
Secretary of Labor v. Cargill, Inc.
Power line clearance citation settled
MSHA cited Cargill after finding that 4,160-volt power lines at its Bell Isle operation had 11 feet of clearance where 15 feet were required. The citation was changed from one electrical standard to another before settlement. The Secretary said the company had recently rewired the lines, was…
Robert K. Roland v. Secretary of Labor
): Claim against MSHA dismissed
Robert Roland challenged the Secretary of Labor's withdrawal of a discrimination complaint previously filed on his behalf against his employer. An ALJ allowed Roland's separate claim against the Secretary and MSHA to proceed, but the Commission reversed. It held that the Secretary's decision to…
United States Customs Service, Region VIII and National Treasury Employees Union
Customs Service (FLRA 9-CA-499): Union denied representation at formal dress code meeting
Customs managers met with employees about enforcing a dress code without giving the National Treasury Employees Union an opportunity to attend. The Authority found the group meeting was a formal discussion covered by the union representation rule. It also adopted the judge's finding concerning…
Equal Employment Opportunity Commission and AFGE Local 3230
EEOC (FLRA 9-CA-30362): Data disclosure ordered, suspension remedy rejected
AFGE Local 3230 requested information to represent an EEOC employee in a grievance over a two-day suspension. The Authority agreed with the judge that EEOC unlawfully withheld necessary data. It ordered EEOC to provide the requested information and post a notice. It rejected the judge's proposed…
Social Security Administration and AFGE
SSA Baltimore (FLRA 9-CA-30281): Formal meeting rights enforced
SSA representatives held discussions with employees about grievances without giving AFGE the required notice and chance to attend. The Authority also sustained findings that employees faced implied threats connected with grievance activity. It ordered the agency to stop both practices and post a…
Laughlin Air Force Base and AFGE Local 1749
Laughlin Air Force Base (FLRA 6-CA-30446): Promotion ordered after union activity discrimination
An employee at Laughlin Air Force Base was denied a promotion to engineering equipment operator. The Authority adopted the judge's finding that the Air Force considered his protected union activity in its June 1983 selection decision. It ordered a retroactive promotion, lost pay, restoration of…
Federal Grain Inspection Service and AFGE Local 3157
Federal Grain Inspection Service (FLRA 6-CA-20110): Weekend overtime complaint dismissed
The Federal Grain Inspection Service changed a weekend overtime system at two Louisiana offices without bargaining over the decision. The prior system split employees into alternating groups, leaving half unavailable for weekend assignments unless they volunteered. Reversing the judge's conclusion…
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.