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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COMM

Army Corps of Engineers, Detroit District and AFGE Local 2130

Army Corps Detroit District (FLRA 5-CA-20218): Reduction in force bargaining complaint dismissed

AFGE Local 2130 proposed a competitive area for a reduction in force at the Army Corps of Engineers' Detroit District. The agency refused to bargain over the proposed area, prompting an unfair labor practice complaint. The Authority found that the proposal excluded some employees in the same…

May 24, 1985 ·FLRA
Upheld
COMM

NTEU Chapter 204 and Federal Election Commission

NTEU Chapter 204 (FLRA 3-CO-30039): Equal representation ordered

The Federal Election Commission charged that NTEU and its chapter treated bargaining unit employees differently based on union membership. The Authority found that the union had failed its duty to represent all unit employees without discrimination. It ordered equal representation and a notice to…

May 24, 1985 ·FLRA
Upheld
COMM

Library of Congress and Congressional Research Employees Association

Library of Congress (FLRA 3-CA-30473): Compressed workweek complaint dismissed

The Congressional Research Employees Association sought to bargain with the Library of Congress over a compressed work schedule called maxiflex. The Library declined, and the union alleged an unfair labor practice. The Authority adopted the judge's finding that the union had clearly waived…

May 24, 1985 ·FLRA
Upheld
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Customs Service and NTEU

Customs inspection team (FLRA 3-CA-30160): Effects bargaining ordered

Customs issued a national inspectional contraband enforcement team policy. The Authority found it had refused to bargain over negotiable procedures and arrangements for affected unit employees. It ordered bargaining on request once the union perfected a proposal as required by the current…

May 24, 1985 ·FLRA
Upheld
COMM

NASA Goddard Space Flight Center and GESTA

NASA Goddard (FLRA 3-CA-20509): Grievance procedure complaint dismissed

NASA Goddard revised an agency grievance procedure, and its employee association challenged the absence of bargaining. The Authority found that the association had asked about the revisions but never clearly requested negotiations, and had said it would address its concerns in later contract talks…

May 24, 1985 ·FLRA
Upheld
COMM

Department of Labor, Wage and Hour Division and AFGE Local 644

Labor Department Wage and Hour Division (FLRA 2-CA-40050): Grievance records withholding unlawful

AFGE Local 644 sought other employees' case review sheets to evaluate a Pittsburgh Wage and Hour employee's grievance alleging unfair scrutiny of his work. Management initially refused and later supplied records that were too incomplete for the comparison the union needed. The Authority adopted the…

May 24, 1985 ·FLRA
Upheld
COMM

AFSCME Local 2830 and Department of Justice, Office of Juvenile Justice and Delinquency Prevention

Justice Department placement grievance proposal (FLRA 0-NG-971): Petition dismissed

AFSCME proposed allowing employees in a Justice Department placement system to grieve denials of positions outside the offices represented by the union. The Authority rejected the agency's objections that the petition was moot, late, or procedurally defective. It held that the proposal would extend…

May 24, 1985 ·FLRA
Upheld
COMM

AFSCME Local 2910 and Library of Congress

Library of Congress (FLRA 0-NG-948): Appraisal proposals rejected

AFSCME submitted six proposals concerning performance appraisal and work while on detail. The Authority found the proposals outside the duty to bargain under management's rights to direct employees and assign work. In particular, the sixth would prevent formal evaluation of duties performed during…

May 24, 1985 ·FLRA
Upheld
COMM

NLRB Union and NLRB General Counsel

NLRB General Counsel (FLRA 0-NG-781): Demotion proposal rejected

On remand from a court, the Authority reconsidered a proposal requiring reassignment before demotion and demotion before removal for poor performance. It found that the sequence unduly restricted management's choice of action regardless of the performance problem. It held the proposal was not an…

May 24, 1985 ·FLRA
Upheld
COMM

NAGE Local R14-62 and Dugway Proving Ground

Dugway Proving Ground (FLRA 0-NG-727): Closure leave proposals rejected

Two consolidated NAGE petitions sought administrative leave for employees during partial closures at Dugway. The Authority found a compelling need for the Army regulations barring that leave as part of controlling costs during reduced operations. It held the proposals outside the duty to bargain…

May 24, 1985 ·FLRA
Upheld
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AFGE National Council of Prison Locals and Department of Justice

Bureau of Prisons negotiations (FLRA 0-NG-1126): Petition dismissed after objections withdrawn

AFGE's National Council of Prison Locals appealed the Justice Department's objections to proposals in negotiations with the Bureau of Prisons. The parties resolved most disputed issues, and the union withdrew those parts of its appeal. The department then withdrew its objections to the remaining…

May 24, 1985 ·FLRA
Procedural
COMM

AFGE Local 1931 and Naval Weapons Station Concord

Naval Weapons Station Concord (FLRA 0-NG-1103): Petition dismissed after withdrawal

AFGE sought review of a Navy allegation that revised proposals were nonnegotiable. The Navy withdrew that allegation after considering the revised proposals. With no live duty to bargain dispute remaining, the Authority dismissed the petition without reaching negotiability.

May 24, 1985 ·FLRA
Procedural
COMM

NFFE Local 1332 and Department of the Army, Headquarters, Army Material Command

Army Material Command (FLRA 0-NG-1043): Negotiability petition dismissed after agency withdrew objection

NFFE Local 1332 sought review after Army Material Command declared a proposal on areas of consideration nonnegotiable. The agency later withdrew its objection in writing, although the union asked to reinstate its petition. With no remaining dispute over whether the proposal was within the duty to…

May 24, 1985 ·FLRA
Procedural
COMM

AFGE Local 32 and Office of Personnel Management

OPM and AFGE (FLRA 0-NG-1009): Extra time proposal rejected

AFGE proposed additional nonproduction time for employees carrying out assigned work. The Authority found that the proposal would require management either to grant extra time or disregard some time when measuring work quantity and timeliness. It held the proposal outside the duty to bargain…

May 24, 1985 ·FLRA
Upheld
COMM

EEOC and AFGE Local 3504

EEOC and AFGE (FLRA 0-AR-864): Promotion backpay set aside

An arbitrator awarded retroactive promotion and backpay after a delay in recommending an eligible employee for a career ladder promotion. The Authority found that a properly authorized official had never approved the promotion. Without that approval, the Back Pay Act did not support the retroactive…

May 24, 1985 ·FLRA
Set aside
COMM

Federal Bureau of Prisons and AFGE Local 3690

Bureau of Prisons (FLRA 0-AR-759): Duplicate grievance award set aside

A prison union president challenged a three day suspension after an inmate escape. He first filed an unfair labor practice charge concerning the same issue, then pursued a grievance. The Authority found that the first filing elected the unfair labor practice route and barred relitigation through…

May 24, 1985 ·FLRA
Set aside
COMM

Immigration and Naturalization Service and AFGE Local 2805

INS and AFGE (FLRA 0-AR-689): Full time backpay struck

An arbitrator found violations involving part time immigration inspectors and awarded them pay and benefits of full time positions. The Authority noted that a personnel freeze prevented their full time appointment. With no finding that the violations caused them to miss appointments they otherwise…

May 24, 1985 ·FLRA
Modified
COMM

Immigration and Naturalization Service, Western Regional Office and AFGE Local 2805

Immigration and Naturalization Service (FLRA 0-AR-615): Training arbitration award set aside

An arbitrator found that the Immigration and Naturalization Service should have provided a criminal investigator with duty-time training needed to volunteer for immigration inspector overtime. The arbitrator ordered overtime pay for training completed outside duty hours and restoration of leave…

May 24, 1985 ·FLRA
Set aside
ALJ

Albert R. Cross v. Secretary of Labor

Miner's citation contest dismissed

Albert Cross, chair of the mine safety committee at the Loveridge No. 22 Mine, challenged an MSHA citation for a defective track switch. He objected after the citation's significant-and-substantial designation was removed at a conference. Judge James A. Broderick applied a Commission decision…

May 23, 1985 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Kennecott Minerals Company, Utah Copper Division

Secretary of Labor v. Kennecott Minerals Company (FMSHRC WEST 84-77-M): $6,350 settlement approved

The Secretary of Labor and Kennecott Minerals proposed a settlement of four citations at the Magna Concentrator Mine. Their agreement reduced two penalties, increased a third, and withdrew Citation No. 2083538 because it duplicated Citation No. 2083537 unfairly. Judge John A. Carlson approved the…

May 23, 1985 ·John A. Carlson ·FMSHRC
Settled
ALJ

Secretary of Labor v. Industrial Resources, Inc.

$105 scaffolding citation settled

MSHA cited Industrial Resources after a subcontractor used scaffolding in unsafe condition at its Buchanan No. 1 Mine, where a worker died. The citation alleged that Industrial Resources had failed to take precautions to ensure the subcontractor's equipment was in good repair. Judge Richard C…

May 23, 1985 ·Richard C. Steffey ·FMSHRC
Settled
ALJ

Local Union 7950, District 28, UMWA v. Fox Ten Mining Corporation

Local Union 7950 v. Fox Ten Mining Corporation (FMSHRC VA 84-47-C): Operator ordered to pay $9,084 after settlement default

Local Union 7950 and Fox Ten Mining had reached a settlement in a compensation proceeding involving the No. 1 Mine. Fox Ten did not show cause why it should not be found in default of that agreement. Judge Joseph B. Kennedy found the operator in default and ordered immediate payment of the full…

May 23, 1985 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Greenwich Collieries v. Secretary of Labor

Citation contest withdrawn after payment

Greenwich Collieries contested an MSHA citation at its Greenwich No. 1 Mine. After paying the proposed civil penalty, the company moved to withdraw its contest because it no longer wished to pursue the issues. Judge Richard C. Steffey granted the motion and separated this docket from a related…

May 23, 1985 ·Richard C. Steffey ·FMSHRC
Procedural
ALJ

Secretary of Labor v. LaBelle Processing Company

Coal accumulation orders settled for $1,580

MSHA issued four orders to LaBelle Processing Company for loose coal accumulations at its preparation plant and near conveyor belt rollers. The parties proposed reducing the penalty on each order from $750 to $395. Judge Richard C. Steffey found that equipment malfunctions during renovation…

May 23, 1985 ·Richard C. Steffey ·FMSHRC
Settled
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Social Security Administration and AFGE Local 3186

Social Security Administration (FLRA 3-CA-30725): Local bargaining complaint dismissed

The Social Security Administration offered part-time employees at its Rockville office four additional work hours per week. AFGE Local 3186 alleged that the agency had failed to give it notice and bargain over implementation. The Authority adopted the judge's finding that the change applied across…

May 22, 1985 ·FLRA
Upheld
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AFGE Local 32 and Office of Personnel Management

Office of Personnel Management (FLRA 0-NG-961): Desk organization proposal rejected

AFGE Local 32 proposed giving employees flexibility over a new work control system and desk organization if their supervisors approved alternate plans. The Authority read the proposal as assigning approval of changes in how employees perform their duties to a specific supervisor. That would prevent…

May 22, 1985 ·FLRA
Upheld
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AFGE Local 32 and Office of Personnel Management

Office of Personnel Management (FLRA 0-NG-913): Extra reduction in force service credit proposal rejected

AFGE Local 32 proposed four extra years of reduction in force service credit for employees rated satisfactory overall and outstanding on any performance element. The Authority found that awarding credit without an outstanding overall rating would conflict with a government-wide personnel…

May 22, 1985 ·FLRA
Upheld
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NFFE Local 1437 and Army Armament Research and Development Command

Army Armament Research and Development Command (FLRA 0-NG-1001): Bargaining team proposals rejected

NFFE Local 1437 proposed a limit on each side's bargaining team and a rule for selecting chief negotiators and alternates. The Authority found that the first proposal would restrict how many representatives the Army could send. The second would control the organization and authority of the Army's…

May 22, 1985 ·FLRA
Upheld
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Social Security Administration and AFGE Local 1923

Social Security Administration (FLRA 0-AR-959): Union arbitration exceptions dismissed as late

AFGE Local 1923 filed exceptions to an arbitration award involving the Social Security Administration. The Authority calculated April 15, 1985, as the filing deadline under the governing statute and filing rules. The union filed its exceptions on April 17. The Authority dismissed them as untimely…

May 22, 1985 ·FLRA
Procedural
COMM

Edwards Air Force Base and AFGE Local 3854

Edwards Air Force Base (FLRA 0-AR-954): Union arbitration exceptions dismissed as late

AFGE Local 3854 filed exceptions to an arbitration award involving Edwards Air Force Base. The Authority calculated April 4, 1985, as the filing deadline based on service of the award and its timing rules. The exceptions were filed April 8. The Authority dismissed them as untimely without…

May 22, 1985 ·FLRA
Procedural
COMM

EEOC Memphis District Office and National Council of EEOC Locals No. 216

EEOC Memphis District Office (FLRA 0-AR-655): Career ladder promotion award set aside

An arbitrator ordered EEOC to promote a compliance clerk retroactively to GS-6 based on an earlier career ladder commitment. EEOC had determined that the position could support no grade above GS-5. The Authority held that the grievance and award concerned the classification of the position without…

May 22, 1985 ·FLRA
Set aside
ALJ

Secretary of Labor v. J.A.D. Coal Company, Inc.

Nine tipple citations assessed at $600

MSHA sought penalties for nine violations at J.A.D. Coal's No. 1 Tipple. The cited conditions included missing truck safety equipment, coal on an elevated walkway, float coal dust in electrical enclosures, and a fuse wrapped in foil. Judge Richard C. Steffey denied the company's requests to delay…

May 20, 1985 ·Richard C. Steffey ·FMSHRC
Citations affirmed
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AFGE Local 3615 and Social Security Administration, Office of Hearing and Appeals

Social Security Administration hearing office (FLRA 0-AR-944): Deficient arbitration exceptions dismissed

AFGE Local 3615 filed exceptions to an arbitration award involving the Social Security Administration's Office of Hearing and Appeals. The Authority notified the union that its filing lacked information required by two parts of the procedural rule and gave it time to correct the deficiencies. The…

May 20, 1985 ·FLRA
Procedural
ALJ

Secretary of Labor on behalf of Billy Dale Wise, Leo E. Conner, and Richard N. Truex v. Consolidation Coal Company

Secretary of Labor v. Consolidation Coal Company (FMSHRC WEVA 85-151-D, WEVA 85-148-D, and WEVA 85-149-D): Late-filing dismissal motions denied

Consolidation Coal asked Judge Gary Melick to dismiss three miners' discrimination complaints because the Secretary filed them late with the Commission. The Secretary acknowledged the delays, which arose during agency review and penalty assessment. The judge found no bad faith and noted that…

May 17, 1985 ·Gary Melick ·FMSHRC
Procedural
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Secretary of Labor v. Mineral Coal Sales, Inc.

Coal siding held to be a mine

MSHA cited Mineral Coal Sales for four reporting, noise survey, and first aid training violations at its Mineral Siding facility. Mineral argued on review that the coal siding was not a mine and that it was not an operator under the Mine Act. The Commission found that coal was stored, mixed…

May 16, 1985 ·FMSHRC
Citations affirmed
COMM

Four Flags Drilling Company

Kelly-bushing citation withdrawn under abatement settlement

Four Flags drilled oil and gas wells and was cited for failing to guard a smooth rotary-table kelly bushing, with a proposed $300 penalty. The judge affirmed the serious item and penalty, and Commission review followed. In settlement, Four Flags agreed either to use a contact-preventing guard or to…

May 16, 1985 ·OSHRC
Settled
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National Engineering & Contracting Company

Settlement approved

The Commission approved the parties’ stipulation and settlement agreement. It issued no separate explanation of the agreement or the reasons for approval. The short official release does not identify the cited standards, alleged conditions, settlement terms, abatement obligations, or penalty result.

May 16, 1985 ·OSHRC
Settled
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Social Security Administration and AFGE

Social Security Administration (FLRA 7-CA-40315): Steward reassignment complaint dismissed

AFGE alleged that the Social Security Administration reassigned a union head steward because of his protected activity. The move placed him in the building where he frequently performed union duties. The Authority adopted the judge's finding that the agency sought to eliminate repeated travel time…

May 16, 1985 ·FLRA
Upheld
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Federal Aviation Administration and Professional Airways Systems Specialists

Federal Aviation Administration (FLRA 6-CA-30375): Sonora watch schedule bargaining ordered

The FAA changed the basic watch schedule at its Sonora field office without notifying the representative designated by the Professional Airways Systems Specialists union. It also asked employees directly about proposed schedules. The Authority found that the FAA could not continue relying on a…

May 16, 1985 ·FLRA
Upheld
COMM

Social Security Administration and AFGE

Social Security Administration (FLRA 3-CA-2816): Grievance investigation interviews complaint dismissed

After discussing an employee grievance with union officials, a Social Security Administration manager interviewed other employees individually to investigate it. AFGE alleged that the interviews were formal discussions requiring union presence and that the agency had bypassed the union. The…

May 16, 1985 ·FLRA
Set aside
COMM

NFFE Local 892 and Corps of Engineers, Ohio River Division

Corps of Engineers Ohio River Division (FLRA 0-NG-1117): Negotiability petition dismissed as late

NFFE Local 892 petitioned for review of a nonnegotiability allegation by the Corps of Engineers' Ohio River Division. The Authority calculated March 18, 1985, as the filing deadline after the agency mailed its allegation. The petition reached the Authority on March 21. It dismissed the petition as…

May 16, 1985 ·FLRA
Procedural
COMM

Hawaii Federal Employees Metal Trades Council and Pearl Harbor Naval Shipyard

Pearl Harbor Naval Shipyard (FLRA 0-NG-1110): Gate closure petition dismissed after objection withdrawn

The Hawaii Federal Employees Metal Trades Council proposed hours for closing the Avenue G gate at Pearl Harbor Naval Shipyard. The shipyard declared the proposal nonnegotiable, and the union petitioned for review. The agency then withdrew that objection. The Authority dismissed the petition because…

May 16, 1985 ·FLRA
Procedural
ALJ

Secretary of Labor v. Peabody Coal Company

Nine citations settled for $180

The Secretary of Labor and Peabody Coal Company proposed to settle nine citations at the Kayenta Surface Mine across three cases. The company agreed to pay the full originally proposed $20 penalty for each citation. Judge John A. Carlson consolidated the cases and approved the amended settlement…

May 15, 1985 ·John A. Carlson ·FMSHRC
Settled
ALJ

Secretary of Labor v. Kennecott Minerals Company, Utah Copper Division

Secretary of Labor v. Kennecott Minerals Company (FMSHRC WEST 83-121-M): Two citations settled for $370

The Secretary of Labor proposed settlement of two citations against Kennecott Minerals' Utah Copper Division. The agreement kept the original assessments of $20 and $350. Judge Michael A. Lasher Jr. approved the settlement and ordered Kennecott to pay $370 within 30 days if it had not already paid…

May 15, 1985 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
ALJ

Secretary of Labor v. U.S. Steel Mining Company, Inc.

Electrical and ventilation citations settled

MSHA cited U.S. Steel Mining at its Cumberland Mine for inadequate strain protection at a load center and an improperly installed line brattice. The parties proposed reducing the first citation's penalty from $112 to $90 after finding that its gravity was lower and its significant-and-substantial…

May 15, 1985 ·James A. Broderick ·FMSHRC
Settled
ALJ

Secretary of Labor v. Peabody Coal Company

Three violations settled for $1,500

MSHA sought penalties for one citation and two orders at Peabody Coal's Sunnyhill No. 9 North Mine. The original assessments totaled $2,750, and the parties proposed settlement amounts of $400, $550, and $550. Judge George A. Koutras reviewed the parties' submissions and found the reductions…

May 15, 1985 ·George A. Koutras ·FMSHRC
Settled
COMM

Secretary of Labor v. Southwestern Illinois Coal Corporation

Safety belt citation restored and remanded

An MSHA inspector saw a miner working about 18 feet above the ground on a tower at Southwestern Illinois Coal's Captain Mine without a safety belt. The ALJ vacated the citation because the company had a written safety belt rule, training, and progressive discipline. The Commission held that those…

May 15, 1985 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. Adams Stone Corporation and Magoffin, Johnson & Morgan Stone Company

$6,276 in penalties assessed

MSHA sought penalties for 33 citations across seven cases involving the MJM and Jenkins mine and mill operations. Neither operator appeared at the hearing, but Judge Richard C. Steffey received evidence on the more serious alleged violations and evaluated the statutory penalty factors instead of…

May 15, 1985 ·Richard C. Steffey ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Amax Chemical Corporation

Four citations resolved for $60

The Secretary of Labor and Amax Chemical Corporation proposed settlement of four citations at the Amax Mine and Mill. Judge John J. Morris found the agreement reasonable and approved it. He vacated Citation No. 2235591, removed the significant-and-substantial designation from Citation No. 2235596…

May 15, 1985 ·John J. Morris ·FMSHRC
Settled
ALJ

Secretary of Labor v. Granite Rock Company

Five citations vacated

MSHA sought civil penalties against Granite Rock Company for five citations at its Logan Quarry. One citation was vacated on the Secretary's motion for insufficient evidence. Judge Paul Merlin vacated two more citations arising from a dump truck going over a bank: he credited the operator's account…

May 14, 1985 ·Paul Merlin ·FMSHRC
Citations vacated
COMM

AFGE Local 916 and Oklahoma City Air Logistics Center

AFGE Local 916 (FLRA 6-CO-20008): Nonmember representation discrimination prohibited

AFGE Local 916 represented employees at Tinker Air Force Base but had a policy of providing representation before the Merit Systems Protection Board only to union members. The Authority held that an exclusive representative choosing to represent employees in such matters must do so without…

May 14, 1985 ·FLRA
Modified
COMM

Customs Service Region VI and National Treasury Employees Union

Customs Service Region VI (FLRA 6-CA-639): Representation practice complaint dismissed

Customs Service Region VI had allowed union representation in several employee grievances over promotion to entry-level supervisory jobs. It later disallowed the union as one employee's representative, citing a conflict of interest. The Authority acknowledged a consistent past practice and a…

May 14, 1985 ·FLRA
Set aside
COMM

AFGE Local 900 and Army Reserve Components Personnel and Administrative Center

Army Reserve personnel center (FLRA 0-NG-909): Two-week schedule notice provision rejected

AFGE Local 900 challenged the Army's disapproval of a local agreement provision requiring at least two weeks' notice before most duty schedule changes. The Authority found that the provision could prevent the agency from revising a workweek when it learned of a needed change less than two weeks…

May 14, 1985 ·FLRA
Upheld
COMM

Congressional Research Employees Association and Library of Congress

Library of Congress (FLRA 0-NG-717): Bargaining ordered on retained telephone numbers

The Congressional Research Employees Association proposed that employees keep their telephone numbers when moved to new workstations. The Library of Congress argued that telephone arrangements involved management's choice of work technology. The Authority found that daily telephone use affected…

May 14, 1985 ·FLRA
Set aside
COMM

AFGE Local 1917 and Immigration and Naturalization Service

Immigration and Naturalization Service (FLRA 0-AR-478): Night overtime award set aside

An arbitrator ordered the Immigration and Naturalization Service to pay extra night overtime compensation to intermittent, part-time immigration inspectors on scheduled shifts. The agency challenged the award. The Authority found that the special compensation statute covered night overtime by…

May 14, 1985 ·FLRA
Set aside
COMM

Immigration and Naturalization Service and National Border Patrol Council Local 1613

Border Patrol Chula Vista Sector (FLRA 0-AR-310): Uniform trousers award upheld

Border Patrol agents in the Chula Vista Sector had been allowed to wear Levis-style trousers for rough field duty before the agency ended the practice. An arbitrator ordered the practice restored under the parties' agreement. The Authority found the agency had not shown that the trousers…

May 14, 1985 ·FLRA
Upheld
COMM

United States Attorney's Office, Los Angeles and NFFE Local 62

Los Angeles United States Attorney's Office (FLRA 8-CA-30518): Late union dues processing unlawful

The Los Angeles United States Attorney's Office delayed processing three employees' union dues withholding forms and a request to raise basic dues allotments. The Authority found the roughly six-month and three-month delays unreasonable, even though the office had tried to forward the requests to…

May 13, 1985 ·FLRA
Upheld
COMM

Social Security Administration and AFGE

Social Security Administration (FLRA 7-CA-30405): Lunch scheduling bargaining complaint dismissed

AFGE challenged Social Security Administration guidance on rescheduling lunch periods with annual leave and a local change at its Kansas City service center. The Authority found the national guidance restated an existing policy and did not require the center to change its local practice. When the…

May 13, 1985 ·FLRA
Upheld
COMM

Federal Correctional Institution Milan and AFGE Local 1741

Federal Correctional Institution Milan (FLRA 5-CA-30090): Union bulletin board removal unlawful

AFGE Local 1741 brought several unfair labor practice charges against the federal prison in Milan, Michigan. The Authority adopted the judge's finding that management unlawfully removed union documents from bulletin boards, while dismissing the other allegations in the consolidated complaint. It…

May 13, 1985 ·FLRA
Upheld
COMM

Tennessee National Guard and NAGE Local R5-108

Tennessee National Guard (FLRA 4-CA-20148): Technician uniform complaint dismissed

The Federal Service Impasses Panel ordered the Tennessee National Guard to let civilian technicians choose military uniforms or agreed civilian attire for daily work. The Guard refused, and an unfair labor practice complaint followed. The Authority adopted the judge's conclusion that requiring…

May 13, 1985 ·FLRA
Upheld

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.