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.

60,101 decisions and counting · Latest decision October 28, 2026
60,101 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

COMM

American Federation of Government Employees, Local 1770 and Department of the Army, XVIII Airborne Corps and Fort Bragg

Fort Bragg (FLRA O-NG-863): Personal storage proposal negotiable

A union asked Fort Bragg to bargain over five proposals concerning program coordinators, discipline for discourtesy, personal storage, and travel. The Authority ordered bargaining on a proposal to provide lockers or other secure space for employees' personal items. It held that the other proposals…

April 24, 1985 ·FLRA
Mixed result
COMM

United States Forces Korea, Eighth United States Army and National Federation of Federal Employees, Local 1363

United States Forces Korea (FLRA 8-CA-20391): Reprimand over public letter complaint dismissed

A union president wrote to a Korean newspaper criticizing the commander of United States Forces Korea and linking the criticism to labor relations disputes. The Army reprimanded him, and the union alleged retaliation for protected activity. The Authority adopted the judge's conclusion that the…

April 24, 1985 ·FLRA
Upheld
COMM

Internal Revenue Service and National Treasury Employees Union

Internal Revenue Service (FLRA 3-CA-20156): Midterm bargaining complaint dismissed

Six months after new agreements took effect, the National Treasury Employees Union asked the IRS to bargain over proposals unrelated to an agency change in working conditions. An administrative law judge found that the IRS had unlawfully refused. The Authority disagreed and dismissed the complaint…

April 24, 1985 ·FLRA
Set aside
COMM

Bureau of Prisons, Federal Correctional Institution, Danbury, Connecticut and American Federation of Government Employees, Local 1661

FCI Danbury (FLRA 1-CA-20137): Warden's warning over union press interview rescinded

A union president at FCI Danbury confirmed to a newspaper reporter that staff reductions were possible during a federal budget dispute. The warden warned him that employees had to refer press inquiries to the warden. The Authority upheld a finding that applying the press rule to this interview…

April 24, 1985 ·FLRA
Modified
ALJ

Secretary of Labor v. Asphalt Paving Company

Conveyor penalties reduced to $1,000

Asphalt Paving Company admitted two violations after a crusher operator was seriously injured while cleaning a moving conveyor roller at its quarry. The Secretary sought $1,500 for manual cleaning of a moving pulley and $500 for mechanical work on energized equipment. Judge John A. Carlson found…

April 23, 1985 ·John A. Carlson ·FMSHRC
Modified
ALJ

Secretary of Labor v. R & F Coal Company

Citations vacated after hearing

R & F Coal Company contested citations involving the Rice No. 3 Strip mine. After both sides presented their evidence, the Secretary moved to withdraw the penalty petition and vacate the citations. Judge Joseph B. Kennedy granted that motion. With the Secretary's consent, he also gave an advisory…

April 23, 1985 ·Joseph B. Kennedy ·FMSHRC
Citations vacated
COMM

Smith Steel Casting Co.

Evidence from invalid warrant admitted

OSHA inspected Smith Steel’s foundry under an ex parte warrant and cited silica, copper-fume, noise, and respirator-program conditions. The Fifth Circuit later held that the warrant was invalid under the inspection regulation then in effect and returned the case for the Commission to decide whether…

April 23, 1985 ·OSHRC
Procedural
COMM

U.S. Department of Commerce, Bureau of the Census and American Federation of Government Employees, Local 2782

Bureau of the Census (FLRA 3-CA-30282): Bargaining required after failed ratification

The Bureau of the Census and AFGE Local 2782 reached a tentative collective bargaining agreement, but union members voted against ratification. The bureau then refused to reopen negotiations except on six provisions from the tentative agreement. The Authority held that union ratification was a…

April 23, 1985 ·FLRA
Upheld
COMM

U.S. Office of Personnel Management and American Federation of Government Employees, Local 32

Office of Personnel Management (FLRA 3-CA-20383): Coworker appraisals ordered furnished

A union grieved an Office of Personnel Management employee's performance appraisal and asked for appraisals of coworkers in the same unit. The comparison would help it assess whether the employee had been treated differently and whether to pursue arbitration. OPM refused, saying the records were…

April 23, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 32 and Office of Personnel Management

Office of Personnel Management (FLRA 0-NG-966): Skill limit on assignments rejected

AFGE Local 32 proposed that the Office of Personnel Management not assign employees duties requiring skills they did not already possess. The Authority found that the proposal would also bar assignments intended to train employees or develop their skills. It held that this directly interfered with…

April 23, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1923 and Health Care Financing Administration, Baltimore, Maryland

Health Care Financing Administration (FLRA 0-NG-895): Contracting cost formula rejected

AFGE Local 1923 proposed that the Health Care Financing Administration use actual wages, benefits, and material costs when comparing in-house work with contracting out. The Authority held that requiring specific cost calculations would interfere with management's right to decide whether to contract…

April 23, 1985 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Council of Consolidated SSA Locals and Department of Health and Human Services, Social Security Administration

Social Security Administration (FLRA 0-NG-866): Training period negotiable, standards changes rejected

A union representing Social Security Administration employees proposed protections after substantial changes to claim processing guidance. The Authority held that a six-month period without charging employees for errors tied to the new guidance was negotiable because employees would still perform…

April 23, 1985 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 12 and Department of Labor

Department of Labor (FLRA 0-NG-776): Some reorganization proposals require bargaining

AFGE Local 12 proposed rules for staffing, performance standards, committees, competitive levels, and office layout during a Department of Labor reorganization. The Authority found that restricting vacancy selections and reserving upward mobility positions conflicted with management's selection…

April 23, 1985 ·FLRA
Mixed result
COMM

National Council of Field Labor Locals, American Federation of Government Employees and U.S. Department of Labor

Department of Labor (FLRA 0-AR-632): Separate bargaining charge does not bar grievance

OSHA compliance officers grieved a pilot program that asked them to distribute surveys about inspections. An arbitrator allowed the grievance but denied it on the merits. The Department of Labor argued that an earlier unfair labor practice charge barred the grievance under the rule against raising…

April 23, 1985 ·FLRA
Upheld
COMM

Army and Air Force Exchange Service, Fort Carson, Colorado and American Federation of Government Employees, Local 1345

Fort Carson Exchange Service (FLRA 7-CA-782 and related cases): Some union data requests granted

AFGE Local 1345 requested personnel file information about a promotion selection and desk audits for jobs at the Army and Air Force Exchange Service at Fort Carson. The Authority held that the personnel information was needed to evaluate a possible grievance and that disclosure, in these…

April 22, 1985 ·FLRA
Modified
COMM

Health Care Financing Administration and American Federation of Government Employees, Local 1923

Health Care Financing Administration (FLRA 3-CA-30335): Temporary promotion complaint dismissed

The Health Care Financing Administration stopped granting retroactive temporary promotions to employees detailed to higher-grade jobs for more than 120 days. AFGE Local 1923 claimed this was an unlawful change to existing working conditions while a representation question was pending. The Authority…

April 22, 1985 ·FLRA
Set aside
COMM

National Weather Service Employees Organization and National Weather Service, Western Region

National Weather Service (FLRA 0-AR-941): Attorney fee exceptions dismissed for lack of jurisdiction

An arbitrator set aside a National Weather Service employee's removal and ordered reinstatement with backpay. She later granted the union's request for attorney fees, and the Department of Commerce challenged that supplemental award before the Authority. The Authority held that it could not review…

April 22, 1985 ·FLRA
Procedural
ALJ

Secretary of Labor v. Peabody Coal Company

Highwall violations upheld

MSHA cited Peabody Coal Company after a highwall collapsed at its Lynnville Strip Mine, killing a truck driver. Judge Richard C. Steffey found that miners had worked near a dangerous highwall and that loose, hazardous material had not been stripped or otherwise controlled as required by two safety…

April 19, 1985 ·Richard C. Steffey ·FMSHRC
Citations affirmed
COMM

Department of Health and Human Services, Social Security Administration, Baltimore, Maryland

Social Security Administration, Baltimore (FLRA 9-CA-855): Bargaining order for work assignment changes

The Social Security Administration changed clerical and mailroom assignments at a field support unit after one bargaining session with AFGE. The Authority agreed with the administrative law judge that the agency violated its duty to bargain over the impact and implementation of the changes before…

April 19, 1985 ·FLRA
Mixed result
COMM

Department of the Air Force, Headquarters, 440th Tactical Airlift Wing (AFRES), Milwaukee, Wisconsin

440th Tactical Airlift Wing (FLRA 5-CA-30148): Unfair labor practice complaint dismissed

AFGE Local 2144 and an employee alleged that the Air Force terminated the employee because he participated in union activity, including informational picketing. The Air Force said it terminated him for job performance and conduct during his probationary period. The administrative law judge found…

April 19, 1985 ·FLRA
Upheld
COMM

National Treasury Employees Union and Department of Health and Human Services, Region VII, Office of Human Development Services

HHS Region VII (FLRA 0-NG-610): Competitive area proposal outside bargaining duty

NTEU proposed a competitive area for personnel in HHS's Kansas City regional office. The Authority had previously ordered bargaining on the same proposal in an unfair labor practice case after rejecting the agency's claimed compelling need for a regulation. In this negotiability case, the agency…

April 19, 1985 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1437 and U.S. Army Armament Research and Development Command, Dover, New Jersey

Army Armament Research and Development Command (FLRA 0-NG-447): Employee arbitration proposals rejected

NFFE Local 1437 proposed two routes for employees whose grievances remained unresolved and whose union did not invoke arbitration. One proposal would let an employee invoke arbitration personally; the other would deem contractual remedies exhausted so the employee could seek court review. The…

April 19, 1985 ·FLRA
Upheld
COMM

Department of Health and Human Services, Social Security Administration, Kansas City, Missouri and National Treasury Employees Union

Social Security Administration, Kansas City (FLRA 0-AR-866): Appraisal remedy partly set aside

A Social Security Administration reviewing official lowered employees' performance appraisals after their first level supervisor evaluated them. An arbitrator ruled that the collective bargaining agreement did not allow the reviewing official to lower the ratings and ordered adjustments. The…

April 19, 1985 ·FLRA
Modified
COMM

Health Care Financing Administration and American Federation of Government Employees, Local 1923, AFL-CIO

Health Care Financing Administration (FLRA 0-AR-428): Temporary promotion award set aside

An arbitrator awarded a Health Care Financing Administration employee a retroactive temporary promotion and backpay after a detail to higher-grade work exceeded 120 days without Office of Personnel Management approval. The agency challenged the award. The Authority held that the detail limits and…

April 19, 1985 ·FLRA
Set aside
COMM

Equitable Shipyards, Inc.

Welding-respirator dispute remanded for subpoenaed testimony

OSHA cited Equitable Shipyards for inadequate mechanical ventilation and respirator protection against welding fumes. The Commission rejected Equitable’s request to suppress inspection evidence obtained under a limited warrant based on an employee complaint. It held, however, that the judge should…

April 18, 1985 ·OSHRC
Remanded
COMM

Curt Bullock Builders, Inc.

Mixed guarding and grounding rulings left in place

Curt Bullock manufactured prefabricated garages and was cited over an unguarded storage surface, an unguarded conveyor chain and sprocket, circular saws with lower guards wired back, and ungrounded employee-owned equipment. The judge treated the storage-surface item as de minimis and the…

April 17, 1985 ·OSHRC
Mixed result
COMM

Thermal Reduction Corporation

Willful refusal to produce injury log affirmed

During a warranted OSHA inspection, Thermal Reduction’s vice president twice refused to provide the company’s OSHA Form 200 injury and illness log unless the inspector promised that no disclosed information would ever be used against the company. The Commission held that the Act and recordkeeping…

April 17, 1985 ·OSHRC
Citations affirmed
COMM

Hayes-Albion Corporation

Molten-metal explosion citation remains vacated

A fire in Hayes-Albion’s iron foundry required water to be sprayed into exhaust ductwork, and the water drained onto the floor near molten-metal operations. OSHA alleged a willful general duty clause violation based on the risk that molten metal could encapsulate water and cause an explosion. The…

April 17, 1985 ·OSHRC
Citations vacated
COMM

American Federation of Government Employees, Local 1698 and Department of the Navy, Aviation Supply Office, Consolidated Civilian Personnel Division

Navy Aviation Supply Office (FLRA 0-NG-693): Official time proposal outside duty to bargain

AFGE Local 1698 represented four bargaining units at a Navy compound and sought official time for its president, an Aviation Supply Office employee, to represent employees in the other units. The Authority held that the official time provisions in 5 U.S.C. § 7131 did not require the Aviation Supply…

April 17, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3231 and Department of Health and Human Services, Social Security Administration

Social Security Administration (FLRA 0-NG-687): Paid lunch extension proposal rejected

AFGE Local 3231 proposed paid preparation and cleanup time immediately before and after employees' unpaid lunch period at a Social Security Administration office. The proposal followed the agency's decision to end a practice allowing longer lunch periods without extending the workday. The Authority…

April 17, 1985 ·FLRA
Upheld
ALJ

Plateau Mining Company

Citation settled for $9,000

Plateau Mining Company and the Secretary of Labor settled a contest and related penalty case over Citation No. 2213805 at the Star Point No. 2 Mine. The violation of 30 C.F.R. § 75.1722(c) resulted in the death of a shuttle car operator. The parties agreed to a $9,000 penalty and stipulated to…

April 16, 1985 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
ALJ

Bobby W. Campbell v. Daniels Construction Company

Discrimination case settled

Bobby W. Campbell and Daniels Construction Company settled a discrimination proceeding arising from the end of Campbell's employment. Daniels agreed to pay Campbell an amount the decision does not disclose. Campbell agreed to withdraw his complaint, release the company from claims, and not seek…

April 16, 1985 ·John A. Carlson ·FMSHRC
Settled
ALJ

Secretary of Labor v. Kaiser Steel Corporation

Belt accident citation settled for $2,000

Kaiser Steel Corporation and the Secretary of Labor settled a citation arising from a fatal conveyor accident at the Sunnyside No. 2 Mine. A worker performing belt maintenance or repairs had been caught between a roller and the belt. The judge granted the Secretary's amendment of the citation from…

April 16, 1985 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
ALJ

Secretary of Labor v. John J. Craig Company

Two machine guarding citations upheld

MSHA cited John J. Craig Company for an exposed rotating shaft on a derrick hoist and an unguarded flywheel and drive belt on a gang saw at its Marmor Quarry and Mill. Judge Michael A. Lasher, Jr. found both violations of 30 C.F.R. § 56.14-1 proven; the company conceded the saw violation. He found…

April 16, 1985 ·Michael A. Lasher, Jr. ·FMSHRC
Citations affirmed
ALJ

Southern Ohio Coal Company v. Secretary of Labor

Mine map citation affirmed

Southern Ohio Coal Company contested a citation for failing to make a mine map available to Jesse Lowell Satterfield, who wanted to inspect it. Judge Richard C. Steffey found that Satterfield had sought access repeatedly and that the company refused to show him the map until after the citation was…

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

Raymond L. Copeland v. Agrico Mining Company

Discrimination complaint dismissed after hearing

Raymond L. Copeland brought a Mine Act discrimination complaint after Agrico Mining Company discharged him for refusing assigned flagman work. He said the available lantern was unsafe for the work and that he would have done it with a different light. After a hearing, Judge Michael A. Lasher, Jr…

April 15, 1985 ·Michael A. Lasher, Jr. ·FMSHRC
Other
COMM

J.L. Foti Construction Co., Inc.

Three construction items affirmed, one vacated

J.L. Foti performed masonry work as a subcontractor on a hospital project and objected when OSHA inspected its enclosed elevator-shaft work area without a warrant. The general contractor consented to the inspection, but the two Commission members divided on whether that consent overrode Foti’s…

April 15, 1985 ·OSHRC
Mixed result
COMM

Long Beach Naval Shipyard, Long Beach, California

Long Beach Naval Shipyard (FLRA 8-CA-30037): Bargaining required before coverall change

Long Beach Naval Shipyard changed the coveralls used by employees working with fibrous glass from cloth to disposable ones without giving their union adequate notice and a chance to bargain. The Authority held that bargaining over the type of protective clothing would not prevent management from…

April 15, 1985 ·FLRA
Modified
COMM

Davis Metal Stamping, Inc.

Evidence admitted despite invalid ex parte warrant

OSHA obtained an ex parte warrant to inspect Davis Metal’s plant after company officers refused entry and stated that mechanical power presses were unguarded. Applying Fifth Circuit precedent, the Commission treated the warrant as invalid under OSHA’s inspection regulation then in effect. It…

April 15, 1985 ·OSHRC
Citations affirmed
COMM

Department of the Treasury, Internal Revenue Service, Wichita District, Wichita, Kansas

IRS Wichita District (FLRA 7-CA-30514): Discipline for taxpayer disclosure sustained

Two IRS revenue officers disclosed taxpayer information to outside union attorneys while preparing a grievance and were orally admonished. NTEU alleged that the discipline punished protected union activity. The administrative law judge found that grievance work did not remove the confidentiality…

April 15, 1985 ·FLRA
Upheld
COMM

Department of the Air Force, Lowry Air Force Base, Denver, Colorado

Lowry Air Force Base (FLRA 7-CA-30298): Complaint over individual grievance dismissed

Civilian cashiers at Lowry Air Force Base filed a group grievance over a new work schedule without asking AFGE Local 1974 to represent them. The union alleged that the base committed an unfair labor practice by failing to give it the grievance and related documents. The administrative law judge…

April 15, 1985 ·FLRA
Upheld
COMM

Department of Housing and Urban Development, Columbia Area Office, Columbia, South Carolina

HUD Columbia Area Office (FLRA 4-CA-40009): Key card practice not established

AFGE alleged that HUD's Columbia office ended a practice allowing union representatives to use key cards for after-hours union work without bargaining. The administrative law judge found that the cards had been issued for employees' regular duties and that one representative's occasional union use…

April 15, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, AFL-CIO and Social Security Administration

AFGE and Social Security Administration (FLRA 3-CO-20003): Unequal class action fees barred; later vacated

AFGE arranged representation in a class action over night overtime pay for Social Security Administration employees. Its attorney's consent form charged union members a 5 percent contingency fee and nonmembers 10 percent. The administrative law judge recommended dismissal because employees could…

April 15, 1985 ·FLRA
Set aside
COMM

Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and Wilkes-Barre Data Operations Center

SSA Wilkes-Barre Data Operations Center (FLRA 2-CA-20200, 2-CA-20346): Discrimination complaints dismissed

AFGE alleged that Social Security Administration officials denied a former temporary clerk a day shift job and later ended his night shift appointment because of his union activity and information he had given to the Authority. The administrative law judge found that the agency knew of the…

April 15, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 12, AFL-CIO and Department of Labor

Department of Labor (FLRA 0-NG-940): Bargaining ordered on handbook and interview proposals

AFGE Local 12 proposed a joint committee to discuss objections to a revised Department of Labor employee handbook and oral interviews for merit staffing evaluations. The department argued that it had made no material change affecting working conditions, so it had no duty to bargain. The Authority…

April 15, 1985 ·FLRA
Set aside
COMM

National Association of Government Employees and Department of the Army and the Air Force, National Guard Bureau

National Guard Bureau (FLRA 0-NG-932): Technician compatibility rule bars proposal

The National Association of Government Employees proposed that National Guard technicians be eligible for promotion in certain support activities without meeting a military and civilian position compatibility requirement. The Authority found that the National Guard Technicians Act required…

April 15, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1923 and Department of Health and Human Services, Social Security Administration, Baltimore, Maryland

Social Security Administration, Baltimore (FLRA 0-NG-865): Religious leave proposal conflicts with regulation

AFGE Local 1923 proposed that the Social Security Administration deny time off for religious observance only when granting it would severely disrupt agency functions. The Authority found that a government-wide Office of Personnel Management regulation used a different standard: whether the schedule…

April 15, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3488 and Federal Deposit Insurance Corporation, New York Region

FDIC New York Region (FLRA 0-NG-703): Travel time and selection panel proposals rejected

AFGE Local 3488 proposed duty time for FDIC employees on extended assignments in Puerto Rico or the Virgin Islands to travel home every second weekend. It also proposed union participation in every stage of candidate ranking for vacant jobs. The Authority held that the travel proposal would prevent…

April 15, 1985 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 91 and Department of the Treasury, Internal Revenue Service, Southwest Region

IRS Southwest Region (FLRA 0-NG-650): Supervisor appraisal proposals rejected

NTEU Chapter 91 proposed that IRS employees grieving an evaluation receive copies of supervisors' recent evaluations and be told how much time supervisors spent reviewing work and drafting negative evaluations. The Authority held that a proposal concerning supervisory appraisals did not concern…

April 15, 1985 ·FLRA
Upheld
COMM

International Brotherhood of Electrical Workers, Local 1245 and U.S. Department of the Interior, Bureau of Reclamation

Bureau of Reclamation (FLRA 0-NG-1108): Wage negotiability petition dismissed as premature

IBEW Local 1245 asked the Bureau of Reclamation whether pay increases above amounts set by executive order or Congress could be negotiated or grieved. The union treated the agency's general answer about applicable law as an allegation that bargaining was barred and petitioned the Authority. The…

April 15, 1985 ·FLRA
Procedural
COMM

Emiliano Rosa Cruz v. Puerto Rican Cement Company, Inc.

Relief remanded for further findings

A judge found that Puerto Rican Cement unlawfully discharged Emiliano Rosa Cruz and ordered reinstatement, backpay, interest, fees, and costs. On the company's petition, the Commission granted discretionary review of the relief. It said testimony about an alleged threat made after the discharge…

April 12, 1985 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. FMC Wyoming Corporation

$168 settlement approved

The Secretary of Labor sought a civil penalty against FMC Wyoming Corporation for its FMC Trona Mine. The Secretary moved to approve a settlement at the full amount of the initial $168 assessment. Judge Michael A. Lasher, Jr. found the proposal proper, confirmed his earlier approval from the bench…

April 10, 1985 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
COMM

Kut-Kwick Corporation

EAJA fee claim settled for $6,500

Kut-Kwick had an application pending for attorney’s fees and expenses under the Equal Access to Justice Act. The parties settled the entire fee claim without further litigation. The Department of Labor agreed to pay $6,500 without conceding that Kut-Kwick was legally entitled to fees. In exchange…

April 10, 1985 ·OSHRC
Procedural
COMM

City Oil Well Service Co.

Respirator citations left vacated after Commission impasse

Two City Oil Well Service employees died during swabbing work at an oil well where later testing found hydrogen sulfide at 225 parts per million. City relied on well operators to identify hydrogen-sulfide hazards and supply respirators, and it made no inquiry or respiratory-protection plan of its…

April 10, 1985 ·OSHRC
Citations vacated
COMM

B.G. Danis Company

Trench-sloping citation remains vacated

B.G. Danis employees installed pipe in a roughly nine-foot-deep trench dug through a mixture of sand, gravel, silt, and clay. OSHA alleged a willful violation because the trench walls were not sloped adequately for soft or unstable soil. The judge vacated the citation based on soil testing, expert…

April 10, 1985 ·OSHRC
Citations vacated
COMM

Brooks Woolen Company

A deadlocked Commission lets a suppression ruling stand as an unreviewed decision

Brooks Woolen makes textiles at a plant in Sanford, Maine. OSHA received a telephoned complaint that the plant's carding machines were not properly guarded. Brooks refused to consent to an inspection, so OSHA applied to a United States magistrate for a warrant, relying on the complaint to show…

April 10, 1985 ·OSHRC
Procedural
COMM

Fort Knox Teachers Association and Fort Knox Dependents Schools

Fort Knox Dependents Schools (FLRA 0-NG-919): Grievance dispute outside negotiability appeal

The Fort Knox Teachers Association grieved homeroom assignments, and the schools denied the grievance on the ground that the assignments were management rights outside the contract's grievance and arbitration process. The association filed a negotiability petition with the Authority. The Authority…

April 10, 1985 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 1 and Environmental Protection Agency, Region 9

EPA Region 9 (FLRA 0-NG-901): Leave cancellation approval proposal rejected

NFFE Local 1 proposed that EPA's Regional Administrator approve an exigency of work before a supervisor could cancel scheduled leave that an employee would otherwise forfeit. The Authority held that assigning this decision to a specific management official would remove the agency's discretion to…

April 9, 1985 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1622 and Directorate Facilities and Engineering, Department of the Army, Fort George G. Meade, Maryland

Fort George G. Meade (FLRA 0-NG-853): Contracting cost proposal rejected

AFGE Local 1622 proposed that an Army cost comparison for possible contracting out use actual local fringe benefit costs. The Authority held that requiring particular cost factors would interfere with management's right to determine whether to contract out work. It also found that the proposal…

April 9, 1985 ·FLRA
Upheld
COMM

U.S. Army Corps of Engineers and National Federation of Federal Employees, Local 639

Army Corps of Engineers (FLRA 0-AR-637): EAJA attorney fee exception denied

An arbitrator partly sustained a grievance over an Army Corps employee's discipline but denied the union's request for attorney fees under the Equal Access to Justice Act. NFFE Local 639 argued that the arbitration was an adversary adjudication covered by that law. The Authority held that…

April 9, 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.