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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Bureau of the Public Debt and National Treasury Employees Union Chapter 190
Bureau of the Public Debt (FLRA 3-CA-20005): Negotiator travel time restored
Union negotiators from the Bureau of the Public Debt's Parkersburg office used annual leave to travel to contract talks in Washington after the agency denied official time. The Authority found that required travel during duty hours was part of official time for representatives attending…
NFFE Local 29 and Corps of Engineers, Kansas City District
Corps of Engineers Kansas City District (FLRA 0-NG-841): Government quarters proposal rejected
NFFE Local 29 proposed standards for when government lodging would count as adequate and available during temporary duty assignments. The Corps of Engineers objected that the standards conflicted with agency travel and housing regulations. Relying on an earlier ruling about an equivalent proposal…
AFGE Local 3769 and Federal Grain Inspection Service
Federal Grain Inspection Service (FLRA 0-AR-961): Individual employee's exceptions denied
An employee filed exceptions to an arbitration award in a case between AFGE Local 3769 and the Federal Grain Inspection Service. The Authority found that the union and agency, rather than the individual employee, had participated as parties in the arbitration. Its rules allowed only a party to file…
Social Security Administration, Office of Hearings and Appeals and AFGE Local 3506
Social Security Administration hearing office (FLRA 0-AR-842): Retroactive increase award narrowed
An arbitrator ordered a retroactive within-grade increase after finding that the Social Security Administration had not followed all contractual procedures for denying it. The arbitrator also found that the employee's minimally satisfactory performance rating supported denial. The Authority held…
National Treasury Employees Union and Internal Revenue Service
Internal Revenue Service (FLRA 0-AR-769): Within-grade increase removed from award
An arbitrator ordered the IRS to grant a retroactive within-grade increase after finding defects in the file used to reconsider an employee's negative performance determination. The Authority held that the file defect did not establish that the employee would otherwise have met the acceptable…
Social Security Administration and AFGE
Social Security Administration (FLRA 0-AR-744): Retroactive within-grade increase struck
An arbitrator ordered a retroactive within-grade increase and backpay after finding that the Social Security Administration had not given an employee the full contractual period to improve. The Authority held that backpay required a finding that, without the agency's error, the employee would have…
Social Security Administration and AFGE Local 1760
Social Security Administration (FLRA 0-AR-731): Retroactive pay removed from within-grade award
An arbitrator found that the Social Security Administration withheld an employee's within-grade increase without giving her the contractually required 60 days to improve. The award allowed a new improvement period and a retroactive increase if she met the performance standard. The Authority held…
Department of Education, Division of Civil Rights and AFGE Local 3887
Education Department civil rights division (FLRA 0-AR-688): Within-grade award upheld
An arbitrator ordered a retroactive within-grade increase for an employee in the Education Department's Atlanta civil rights division. Unlike awards based only on procedural errors, this arbitrator found both that the agency failed to sustain its negative performance determination and that the…
Department of Defense Dependents Schools, Pacific Region and Overseas Education Association
Defense Dependents Schools (FLRA 0-AR-593): Reprisal arbitration award set aside; later vacated
After a teaching position was eliminated, an employee who served as a union area director first filed an unfair labor practice charge alleging reprisal for union activity. The Union later requested withdrawal of the charge, which the Regional Director approved. The employee then pursued the same…
Consolidation Coal Company
Contest and penalty cases settled for $450
Consolidation Coal Company and the Secretary of Labor asked Judge Joseph B. Kennedy to approve a settlement and withdrawal of a contest and related civil penalty case involving the Humphrey No. 7 Mine. The judge independently reviewed the proposal and found it consistent with the Mine Act. He…
Secretary of Labor v. K C & D Mining Co., Inc.
$150 settlement approved
The Secretary of Labor sought a civil penalty against K C & D Mining Co. for its Coalburg No. 1 Mine. Judge Gary Melick had denied an earlier settlement motion because the financial data appeared incomplete. On reconsideration, the Secretary submitted documentation showing that the relevant…
Secretary of Labor v. Foy Brothers
One citation settled, one vacated
Foy Brothers and the Secretary of Labor agreed to settle a civil penalty case involving the Barbara No. 1 Mine. Judge Joseph B. Kennedy had proposed a $150 resolution after independently reviewing the circumstances, and the parties accepted it. He ordered Foy Brothers to pay $150 for Citation No…
Secretary of Labor v. Quarto Mining Company
Ventilation order settled for $200
MSHA issued Quarto Mining Company a withdrawal order for a ventilation violation at its Powhatan No. 4 Mine, then issued a related citation. The Secretary proposed settling the case by reducing the penalty from $1,500 to $200, changing the withdrawal order to a citation under section 104(a), and…
Quarto Mining Company
Order contest dismissed as moot
Quarto Mining Company contested MSHA Order No. 2331243 concerning its Powhatan No. 4 Mine. Judge Gary Melick had approved a settlement of the same order in a related penalty case, LAKE 85-51. That settlement modified the order to a citation under section 104(a) of the Mine Act. Because the…
Secretary of Labor v. Andersen Sand and Gravel Co.
Four citations upheld, one vacated
MSHA cited Andersen Sand and Gravel Co. for five conditions at its dredge and sand plant. Judge James A. Broderick found violations involving tail pulley guards, a ramp berm, a dredge walkway railing, and a loader without a fire extinguisher. He vacated a fifth citation because the unguarded…
Secretary of Labor v. Ideal Basic Industries, Inc.
Seven citations settled for $740
MSHA proposed $1,012 in penalties for nine citations against Ideal Basic Industries at its Ada Quarry and Plant. The Secretary vacated two citations for lack of evidence, and the parties proposed settling the other seven at their original assessments, totaling $740. Judge George A. Koutras reviewed…
Nuclear Regulatory Commission and National Treasury Employees Union
Nuclear Regulatory Commission (FLRA 3-CA-20672): Supervisory grievance representation complaint dismissed
The National Treasury Employees Union alleged that the Nuclear Regulatory Commission stopped allowing stewards to represent employees in agency grievances over supervisory selections without bargaining first. The Authority reversed the judge's finding of a bargaining violation. It found no…
Headquarters, Space Division, Los Angeles Air Force Station, California and American Federation of Government Employees, Local 2429
Space Division, Los Angeles Air Force Station (FLRA 0-AR-724): Union exceptions to appraisal grievance award denied
The union challenged the application of appraisal procedures to employees at the Los Angeles Air Force Station. An arbitrator barred part of the grievance because the union had first filed an unfair labor practice charge raising the same issues, even though it later withdrew the charge. The…
U.S. Department of Labor and American Federation of Government Employees, Local 12
Department of Labor (FLRA 0-AR-762): Backpay for employee on leave set aside
An employee with severe sensitivity to tobacco smoke grieved the Department of Labor's efforts to provide her a suitable work area. The arbitrator found that the agency had met its obligation but awarded backpay for part of the period when the employee was on leave without pay. The Authority…
Veterans Administration Medical Center, Togus, Maine and American Federation of Government Employees, Local 2610
VA Medical Center, Togus (FLRA 0-AR-646): Plumber pay and detail awards set aside
The Veterans Administration challenged two parts of an arbitrator's award concerning a temporary plumber at its Togus medical center. One part required higher pay for work the employee performed at a WG-8 rate. The Authority set that part aside because it effectively reclassified the position, a…
National Aeronautics and Space Administration, Lewis Research Center and International Federation of Professional and Technical Engineers, Local 28
NASA Lewis Research Center (FLRA 0-AR-636): Remedy for retaliatory removal of duties upheld
An employee at NASA's Lewis Research Center sought review of her position classification. An arbitrator found that management retaliated by taking away her duties and ordered their temporary restoration for a new classification desk audit. The Authority rejected the agency's claim that this remedy…
American Federation of Government Employees, Local 3615 and Social Security Administration, Arlington, Virginia
Social Security Administration (FLRA 0-AR-618): Official time remedy removed
An arbitrator denied a union grievance but ordered the Social Security Administration not to charge the union official time used to prepare and litigate it. The Authority found that this remedy conflicted with the statute governing official time. Representatives who receive regular pay while…
Region III, Social Security Administration and Region III, AFGE National Council of SSA Field Operations Locals
Social Security Administration Region III (FLRA 0-AR-571): Expanded paid lunch remedy removed
The Social Security Administration changed lunch and rest break practices in several Region III offices. An arbitrator found that the agency had violated established practices under its agreement and ordered it to restore paid time added to lunch periods. The Authority held that the remedy…
The Adjutant General, State of Ohio and American Federation of Government Employees, Ohio Council of Air National Guard Locals No. 127, Local 3470
Ohio National Guard (FLRA 0-AR-567): Uniform choice ended when agreement expired
An Ohio National Guard agreement let civilian technicians choose civilian attire for a year by filing a declaration. After the agreement expired, the Guard required military uniforms. An arbitrator protected declarations filed before expiration but rejected those filed afterward. The Authority…
Secretary of Labor v. Consolidation Coal Company
Grease gun citation settled for $175
MSHA cited Consolidation Coal Company after finding two grease guns stored with acetylene equipment at the Blacksville No. 2 Mine. The citation alleged a violation of the storage standard in 30 C.F.R. § 75.1106-5(a), with an initial $192 assessment. The Secretary proposed a $175 settlement…
U.S. Equal Employment Opportunity Commission, Seattle District Office and American Federation of Government Employees, Local 3230
EEOC Seattle District Office (FLRA 9-CA-20160): Information request complaint dismissed
A union sought records while preparing a grievance over an EEOC attorney's proposed removal. An administrative law judge found that the Seattle office unlawfully withheld some requested information before the employee's disability retirement was approved and the removal was canceled. The Authority…
Service Employees International Union, Local 556 and Patsy K. Paige; United States Department of the Navy, Navy Exchange, Pearl Harbor
SEIU Local 556 (FLRA 8-CO-37): Union ordered to represent nonmembers after grievance refusal
Four Pearl Harbor Navy Exchange employees sought union help after a gas station reorganization threatened their jobs and pay. The Authority upheld findings that SEIU Local 556 conditioned help on union membership, rejected a grievance because the employees were nonmembers, and solicited membership…
United States Government Printing Office, Public Documents Distribution Center, Pueblo, Colorado and American Federation of Government Employees, Local 3392
Government Printing Office distribution center (FLRA 7-CA-659): Production reporting meeting complaint dismissed
A supervisor met with four verification employees about their production reports and unusually high output without inviting their union. An administrative law judge found that the meeting required union representation. The Authority disagreed and dismissed the unfair labor practice complaint. It…
Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah and American Federation of Government Employees, Local 1592
Hill Air Force Base (FLRA 7-CA-30386): Brief appraisal meeting was not a formal discussion
A Hill Air Force Base supervisor met with an employee to give him a revised performance appraisal after an earlier grievance. The employee asked for a union representative, but the agency held the meeting without one. The Authority dismissed the union's unfair labor practice complaint. It found…
Social Security Administration, Baltimore, Maryland and Region VII, Clayton District, Missouri and American Federation of Government Employees, Local 2916
Social Security Administration Clayton District (FLRA 7-CA-30271): Performance audit records ordered released
A union grieved differences in performance appraisal ratings among Social Security Administration employees in the Clayton District. It requested audit records for about 20 employees with the highest ratings to compare their work with that of employees elsewhere in the district. The Authority found…
National Association of Government Employees, Local R5-66 and James A. Confer, Jr.
NAGE Local R5-66 (FLRA 4-CO-30026): Member's expulsion for filing charges reversed
A union expelled a member who had filed or helped other employees file unfair labor practice charges against it. The Authority upheld the judge's finding that the expulsion interfered with employees' protected rights. It ordered NAGE Local R5-66 to offer the member unconditional reinstatement…
Department of the Navy, Naval Ordnance Station, Louisville, Kentucky and Local Lodge 830, International Association of Machinists and Aerospace Workers
Naval Ordnance Station Louisville (FLRA 4-CA-20204): Reorganization after bargaining impasse upheld
A Navy station reorganized a public works unit and reassigned a union area steward after negotiations over steward assignments stalled. The union alleged that the Navy made the change without bargaining in good faith. The Authority found that the parties had reached an impasse, the Navy had given…
Department of the Air Force, Eglin Air Force Base, Florida and American Federation of Government Employees, Local 1817
Eglin Air Force Base (FLRA 4-CA-20117): Lunch passes complied with impasse order
An impasse panel ordered Eglin Air Force Base to continue allowing bargaining unit employees to eat lunch at its NCO Club without becoming club members until a new cafeteria opened. The Air Force issued free lunch passes to identify employees entitled to enter. A union claimed that requiring the…
U.S. Customs Service, Region I, Boston, Massachusetts and National Treasury Employees Union, Chapter 133
Customs Service Boston (FLRA 1-CA-30181): Screener change required bargaining, remedy narrowed
Customs officials at Boston's Logan Airport increased the number of screeners and added active searches for suspected narcotics carriers to their duties. The Authority upheld a finding that Customs should have notified the union and bargained over the changes' impact and implementation. The changes…
Maritime Metal Trades Council and Panama Canal Commission
Panama Canal Commission (FLRA 0-NG-946): Check cashing, travel, and mail proposals dismissed
The Maritime Metal Trades Council sought bargaining over check cashing privileges, travel rules, and delivery of work-related mail for Panama Canal Commission employees. The Authority dismissed the petition for all five proposals. It held that personal check cashing did not directly concern working…
National Federation of Federal Employees, Local 1705 and General Services Administration
General Services Administration (FLRA 0-NG-945): Proposed reduction in force area outside duty to bargain
A union proposed one competitive area for bargaining unit employees in several General Services Administration offices around Washington, D.C., for reduction in force purposes. Federal rules require a competitive area to include all employees within the specified organizational and geographic…
American Federation of Government Employees, Council 147 and Social Security Administration
Social Security Administration (FLRA 0-NG-888): Local telephone monitoring proposals dismissed
A local union proposed limits on how the Social Security Administration's Los Angeles Teleservice Center could use telephone monitoring results and proposed new performance ratings for call audits. A national memorandum already allowed the data to inform employee appraisals and specified a…
National Council of SSA Field Operations Locals, American Federation of Government Employees and Social Security Administration
Social Security Administration (FLRA 0-NG-873): Paid lunch extensions outside duty to bargain
The Social Security Administration ended a practice of giving some Region III employees paid time beside their unpaid lunch break. The union proposed 20 minutes of paid banking time on paydays and 20 paid minutes beside lunch each day. The Authority found that both proposals would extend the lunch…
American Federation of Government Employees, Local 1980 and U.S. Department of Agriculture, Farmers Home Administration
Farmers Home Administration (FLRA 0-NG-724): Earlier appraisal freeze proposal dismissed
A union proposed freezing employees' performance appraisals when the Farmers Home Administration decided to carry out a reduction in force. The Authority found that federal personnel guidance instead used the appraisal on record when each employee received a specific reduction in force notice…
American Federation of Government Employees, Local 2761 and U.S. Army Adjutant General Publication Center, St. Louis, Missouri
Army Adjutant General Publication Center (FLRA 0-NG-419): Two EEO proposals negotiable
A union sought bargaining over nine equal employment opportunity and affirmative action proposals at an Army publication center. The Authority ordered bargaining on two general commitments to support the EEO program and provide adequate EEO counselors. It dismissed the petition for the other seven…
Secretary of Labor v. Oliver Coal Company
Roof control order affirmed
MSHA issued a withdrawal order to Oliver Coal Company for departing from the approved roof control plan at its No. 2 Mine. The plan required a pillar recovery roadway no wider than 16 feet, with posts or timbers, but the judge found a roughly 28-foot roadway without that support. Judge James A…
Rushton Mining Company v. Secretary of Labor
Complaint dismissed without prejudice
Rushton Mining Company filed a complaint seeking declaratory relief or enforcement of a prior Commission final order involving its Rushton Mine. Rushton then asked to dismiss the complaint after the parties reached an agreement the judge described as satisfactory for the time being. Judge Charles…
American Federation of Government Employees, Local 32 and Office of Personnel Management
Office of Personnel Management (FLRA O-NG-924): Training and promotion proposals dismissed
AFGE Local 32 submitted seven proposals during talks over the Office of Personnel Management's affirmative action plan. The Authority found the first five outside the duty to bargain because they prescribed training, performance standards, job design, or selection choices reserved to management…
American Federation of Government Employees, Local 2484 and U.S. Army Garrison, Fort Detrick, Maryland
Fort Detrick (FLRA O-NG-898): Fixed advance notice for schedule changes rejected
A union agreement at Fort Detrick would have required two weeks' notice of certain tour changes and one pay period's notice of rotation schedules. The Authority found that federal work scheduling rules can require an agency to revise an employee's upcoming schedule when it learns of changed work…
National Federation of Federal Employees, Local 561 and Department of the Army, U.S. Army Corps of Engineers, Mobile, Alabama
Army Corps of Engineers Mobile (FLRA O-NG-728): Quarters adequacy proposal dismissed
A union proposed negotiated standards for deciding whether government quarters were adequate for Army Corps employees on temporary duty. Under federal travel rules, employees who do not use available adequate government quarters can lose the lodging portion of their per diem. The Authority found…
American Federation of State, County and Municipal Employees, Locals 2477 and 2910 and Library of Congress
Library of Congress (FLRA O-NG-618): Bargaining required on fair application of performance standards
Library of Congress unions proposed fair application of performance standards and automatic awards for employees meeting specified ratings. The Authority ordered bargaining on the first proposal as the unions interpreted it: employees could challenge how a standard was applied, but not the content…
Secretary of Labor v. Price Construction, Inc.
Crusher lockout citation upheld
MSHA cited Price Construction after a crusher began turning while a welder was preparing to repair its rollers, causing a serious leg injury. Judge Gary Melick found that the roller switch had not been locked out and that the company's procedure of turning off the generator and switches did not…
Department of the Navy, Portsmouth Naval Shipyard and Dennis R. Lacroix
Portsmouth Naval Shipyard (FLRA 1-CA-30188): Transfer for seeking union help reversed
A Portsmouth Naval Shipyard pipefitter sought union help over a foreman's use of another employee for administrative work. After a heated discussion with a union steward present, the foreman requested the pipefitter's transfer to another crew. The Authority upheld the judge's finding that the…
FMC Corporation v. Secretary of Labor
Contest dismissed after citation vacated
FMC Corporation contested MSHA Citation No. 2096468 concerning its Trona Mine. At a March 8, 1985 hearing, MSHA vacated the citation and FMC withdrew its contest. Judge Michael A. Lasher, Jr. approved the withdrawal under the Commission's procedural rule and dismissed the matter. The order does not…
Jerry Joseph v. Leeco, Inc.
Discrimination complaint dismissed for failure to state a claim
Jerry Joseph complained that Leeco had refused to pay medical bills and other compensation after a knee injury kept him from working at the mine. MSHA investigated and found no violation of the Mine Act's discrimination provision, after which Joseph brought his own complaint before the Commission…
Hahnel Brothers Co.
Roofing citation withdrawn under fall-protection agreement
Hahnel Brothers sought Commission review of an administrative law judge’s decision involving a roofing citation. In settlement, the Secretary withdrew the citation. Hahnel agreed that, during built-up roofing work on low-pitched roofs more than 16 feet above ground, it would use an MSS system or a…
Secretary of Labor v. Southern Ohio Coal Company
Water citation vacated under belt safeguard
At Southern Ohio Coal Company's underground coal mine, an MSHA inspector cited standing water in a walkway beside a belt conveyor. In 1978, inspector Dominick Poster issued a safeguard notice requiring 24 inches of clearance beside conveyors after finding fallen rock and cement blocks. The judge…
Secretary of Labor v. Consolidation Coal Company
Reconsideration of denied review refused
Consolidation Coal sought reconsideration after the Commission declined discretionary review of a judge's decision in three contest dockets. The company argued that its petition would have been more likely to obtain review if the five-member Commission had no vacancies. The Commission said the Mine…
Secretary of Labor v. Freeman United Coal Mining Co.
Ventilation citation vacated after test evidence challenged
At Freeman United's Crown No. 2 coal mine, an MSHA inspector used smoke tests to estimate airflow at a last open crosscut. He calculated 7,654.5 cubic feet per minute, below the 9,000 cubic feet required by 30 C.F.R. § 75.301, and the judge upheld the citation with a $150 penalty. The inspector…
Du-Mor Enterprizes, Action Utility Company, Inc., Du-Mor Drilling and Blasting
Training citation remains vacated after Commission impasse
Du-Mor used a trenching machine with a power-driven digging chain. A laborer was killed when the operator restarted the chain while the laborer was nearby, and OSHA cited Du-Mor for inadequate hazard instruction. The judge vacated the citation after crediting testimony that employees had been…
F. A. Gray, Inc.
Roof safety-belt item affirmed, scaffold item vacated
F. A. Gray employees painted a hotel exterior from a two-point suspension scaffold and from the edge of a 60-foot-high flat roof without safety belts. Both Commission members agreed to vacate the scaffold item because the employer had communicated and enforced a belt rule, supervisors inspected…
Phoenix Forging Company Division
Programmed-inspection warrant challenge rejected
Phoenix stipulated that 13 safety violations occurred but sought to suppress the inspection evidence and invalidate the warrant. It argued that the warrant exceeded the programmed-inspection plan, improperly allowed private employee interviews and record review, and relied on an unpublished OSHA…
General Motors Corporation, Rochester Products Division
Unshored-trench and training items affirmed
GM employees dug and shored a deep trench inside a manufacturing building to install an oil-collection trough. A worker was injured when an unshored wall collapsed as he used an unshored leg of the trench to leave the work area. The Commission affirmed a serious trenching violation because GM left…
Secretary of Labor v. Eastern Associated Coal Corp.
Coal fines violation upheld
MSHA cited Eastern Associated Coal Corp. for storing coal fines in an active crosscut near a belt at its Federal No. 2 Mine. Judge William Fauver found a violation of 30 C.F.R. § 75.400, rejecting the operator's argument that moisture and the sample's incombustible content made the accumulation…
Consolidation Coal Company v. Secretary of Labor
Imminent danger order affirmed
Consolidation Coal Company contested an imminent danger withdrawal order issued after inspectors watched a loaded mine train pass through an S curve and track switch at the Ireland Mine. Judge William Fauver found that the train's speed was excessive for the location and that the inspectors…
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.