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

Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.

U.S. Steel Mining Co., Inc. (FMSHRC PENN 83-63): Shuttle car headlight violation affirmed

An MSHA inspector found a loose bolt on a shuttle car headlight at U.S. Steel Mining's Maple Creek No. 2 coal mine. The company admitted that the headlight no longer met the rule for permissible electric equipment, but disputed whether the violation was significant and substantial. The Commission…

August 28, 1984 ·FMSHRC
Citations affirmed
COMM

American Federation of State, County and Municipal Employees, AFL-CIO, Local 2910 and Library of Congress

AFSCME Local 2910 and Library of Congress (FLRA O-NG-721): Roof access proposal outside duty to bargain

The Library of Congress locked a roof parking lot entrance and required employees to enter through a guarded front door. AFSCME Local 2910 proposed giving employees keys so they could use the roof door during working hours. The Authority found that the agency's controlled entrance was part of its…

August 28, 1984 ·FLRA
Upheld
COMM

American Federation of State, County and Municipal Employees Locals 2910 and 2477 and Library of Congress

AFSCME locals and Library of Congress (FLRA O-NG-692): Part time vacancy posting proposal negotiable

AFSCME Locals 2910 and 2477 proposed that the Library of Congress post ten percent of its annual vacancies as permanent part time positions while working toward an eight percent goal. The Library argued the proposal interfered with staffing discretion and its part time employment goals. The…

August 28, 1984 ·FLRA
Set aside
COMM

American Federation of Government Employees, AFL-CIO, Local 225 and Department of the Army, USARRADCOM, Dover, New Jersey

AFGE Local 225 and Army USARRADCOM (FLRA O-NG-670): Automatic debt collection pause nonnegotiable

AFGE Local 225 proposed that the Army suspend collection of certain employee debts until it decided any application for a waiver. The proposal would apply when there was no evidence of fraud, misrepresentation, fault, or lack of good faith by the employee. The Authority found that government wide…

August 28, 1984 ·FLRA
Upheld
COMM

American Federation of Government Employees, AFL-CIO, Local 2263 and Department of the Air Force, Headquarters, 1606th Air Base Wing, Kirtland Air Force Base

AFGE Local 2263 and Kirtland Air Force Base (FLRA O-NG-588): One of five proposals negotiable

AFGE Local 2263 sought review of five proposals for employees at Kirtland Air Force Base. The Authority held that an equal employment opportunity proposal was negotiable after accepting the union's explanation that it applied only to bargaining unit employees. It held four other proposals…

August 28, 1984 ·FLRA
Mixed result
COMM

National Treasury Employees Union and Department of the Treasury, Internal Revenue Service, Cleveland District Office

NTEU and IRS Cleveland District (FLRA O-NG-428): File cabinet appeal dismissed as moot

The IRS removed file cabinets and other materials used by local NTEU chapters at two Cleveland District offices. The union sought bargaining and filed both a negotiability appeal and an unfair labor practice charge. A Regional Director concluded that the national labor agreement covered office…

August 28, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees Local 916 and Tinker Air Force Base

AFGE Local 916 and Tinker Air Force Base (FLRA O-AR-753): Exceptions dismissed for missing award copy

AFGE Local 916 filed exceptions to an arbitration award involving Tinker Air Force Base but did not include a legible copy of the award. The Authority told the union what it needed to submit, gave it time to correct the filing, and warned that failure could lead to dismissal. The union submitted…

August 28, 1984 ·FLRA
Procedural
COMM

Immigration and Naturalization Service, U.S. Department of Justice and American Federation of Government Employees, Local 1917, AFL-CIO

INS and AFGE Local 1917 (FLRA O-AR-430): Overtime pay award set aside under pay cap

An arbitrator ordered the Immigration and Naturalization Service to compensate criminal investigators for overtime that exceeded the statutory pay cap in certain pay periods. She allowed the agency to provide deferred pay or compensatory time in later pay periods. The Authority found that employees…

August 28, 1984 ·FLRA
Set aside
COMM

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

SSA and AFGE Local 1923 (FLRA O-AR-342): Probationary termination award set aside

A probationary Social Security Administration employee grieved her termination for unsatisfactory conduct. An arbitrator found the grievance arbitrable, concluded the agency breached its labor agreement, and admonished it to comply in the future. The union challenged the limited remedy. The…

August 28, 1984 ·FLRA
Set aside
COMM

Federal Aviation Administration, Spokane Tower and Approach Control and Professional Air Traffic Controllers Organization

FAA Spokane Tower and PATCO (FLRA 9-CA-641): Restriction on strike message shirts upheld

Air traffic controllers at FAA Spokane Tower wore union shirts bearing messages during contract negotiations. The Administrative Law Judge found that the FAA unlawfully restricted union insignia at work. The Authority held that the particular messages could reasonably be read as supporting an…

August 28, 1984 ·FLRA
Set aside
COMM

Moore Petroleum Service Co., Rig No. 18

Fixed-ladder platform violation affirmed

Moore Petroleum employees used a fixed ladder to reach a work platform 55 feet above the ground at an oil well. An employee fell from the ladder and died from his injuries three days later. The rig had no landing platforms, and its usual ladder-climbing safety device was broken. The Commission held…

August 28, 1984 ·OSHRC
Citations affirmed
COMM

Internal Revenue Service, Los Angeles District Office and National Treasury Employees Union

IRS Los Angeles District and NTEU (FLRA 8-CA-415): Representation required at investigatory tax audit

The IRS Los Angeles District denied an employee's request for union representation during a tax audit that was part of an investigation and could reasonably lead to discipline. The Administrative Law Judge found this denial unlawful and also found that a memorandum warning a union steward of a…

August 28, 1984 ·FLRA
Mixed result
COMM

Veterans Administration Medical Center, Phoenix and American Federation of Government Employees Local 2382

VA Phoenix Medical Center and AFGE Local 2382 (FLRA 8-CA-20178): Interest on final backpay award required

An arbitrator ordered VA Phoenix Medical Center to reinstate an employee with backpay and to pay ten percent annual interest if it implemented the award after September 1, 1981. The hospital reinstated the employee and paid backpay, but did not pay interest for the late implementation period. It…

August 28, 1984 ·FLRA
Upheld
COMM

St. Regis Paper Company

Split Commission leaves flammable-liquid citation affirmed

St. Regis used flammable inks and solvents in printing flexible packaging at its Pennsylvania plant. The judge held that the industrial-plant flammable-liquid standard applied and affirmed a citation for transferring the liquids without safety cans or another approved method. Commissioner Cleary…

August 28, 1984 ·OSHRC
Citations affirmed
COMM

Oklahoma Army National Guard and National Federation of Federal Employees Local 1694

Oklahoma Army National Guard and NFFE Local 1694 (FLRA 6-CA-20160): Uniform order complaint dismissed

An Impasses Panel order would have let Oklahoma Army National Guard technicians choose between military uniforms and agreed civilian attire during daily technician work. The Guard refused to comply, and the Administrative Law Judge found an unfair labor practice. The Authority applied its later…

August 28, 1984 ·FLRA
Set aside
COMM

Department of the Navy, Marine Corps Air Station Cherry Point and International Association of Machinists and Aerospace Workers District 110

Marine Corps Air Station Cherry Point and IAM District 110 (FLRA 4-CA-502): Unchallenged arbitration award had to be implemented

Marine Corps Air Station Cherry Point did not implement an arbitrator's award and clarification concerning terms of its labor agreement with IAM District 110. The Administrative Law Judge found a violation but considered the agency's later claim that compliance would be unlawful. The Authority kept…

August 28, 1984 ·FLRA
Modified
COMM

Library of Congress and Congressional Research Employees Association

Bargaining required over microwave access

A new vending company installed a token system on microwave ovens in a Library of Congress building, ending employees' free access to the ovens. The Authority agreed with the Judge that this changed an established employment condition and that the Library had to notify the union and bargain to the…

August 28, 1984 ·FLRA
Mixed result
COMM

Social Security Administration and American Federation of Government Employees, Local 1923, AFL-CIO

Social Security Administration and AFGE Local 1923 (FLRA 3-CA-20154): Complaint over follow-up physical exams dismissed

The Social Security Administration stopped providing periodic follow-up physical examinations to certain employees at its Baltimore headquarters. The General Counsel alleged that ending the examinations without bargaining violated federal labor law. The Administrative Law Judge found that the…

August 28, 1984 ·FLRA
Upheld
COMM

Department of Health and Human Services, Region II and American Federation of Government Employees Local 1760

HHS Region II and AFGE Local 1760 (FLRA 2-CA-20354): Agency ordered to process final arbitration award

An arbitrator awarded a Social Security Administration employee a promotion and retroactive pay. The HHS Region II personnel office refused to process the papers needed to implement the award, arguing that compliance would violate the Back Pay Act. No exceptions to the award had been filed. On the…

August 28, 1984 ·FLRA
Upheld
COMM

Defense Contract Administration Services Region Boston and National Association of Government Employees Local R1-210

Defense contract administration Boston and NAGE Local R1-210 (FLRA 1-CA-212): Paid parking bargaining duty at local level

A paid parking program affected employees represented by NAGE Local R1-210 at the South Boston Support Facility. The Judge found several Defense Department entities responsible for failing to bargain over its implementation. The Authority held that the bargaining duty belonged to Defense Contract…

August 28, 1984 ·FLRA
Mixed result
COMM

Boston District Recruiting Command and American Federation of Government Employees Local 1900

Boston District Recruiting Command and AFGE Local 1900 (FLRA 1-CA-206): Paid parking bargaining violations narrowed

A paid parking program affected employees represented by AFGE Local 1900 at the South Boston Support Activity. The union asked several Defense Department offices to bargain over implementation. The Authority held that the Boston District Recruiting Command and 94th Army Reserve Command, which…

August 28, 1984 ·FLRA
Mixed result
COMM

Rust Engineering Company

Split Commission leaves delayed fall-protection citation vacated

OSHA issued Rust Engineering a fall-protection citation 111 days after its inspection. The judge vacated the citation because the delay was unreasonable and prejudiced Rust's defense, and also found that compliance was impossible and would create greater hazards. Chairman Buckley would have…

August 27, 1984 ·OSHRC
Citations vacated
COMM

Secretary of Labor on behalf of Chester Jenkins v. Hecla-Day Mines Corporation

Jenkins v. Hecla-Day Mines Corporation (FMSHRC WEST 81-323-DM): Unpaid suspension found discriminatory

Chester Jenkins complained about safety at Hecla-Day Mines' Republic Unit Mine and was later suspended without pay. The Commission held that the suspension was motivated by his protected safety activity and that the company had not shown it would have suspended him for any independent misconduct…

August 26, 1984 ·FMSHRC
Remanded
ALJ

Gary Goff v. The Youghiogheny and Ohio Coal Company

Goff v. Youghiogheny and Ohio Coal Company (FMSHRC LAKE 84-86-D): Medical-condition complaint dismissed

Gary Goff alleged that Youghiogheny and Ohio Coal Company discharged him because he had pneumoconiosis. Judge Gary Melick concluded that a complaint based on that medical condition belonged under the Black Lung Benefits Act's specific discrimination process rather than this Mine Act proceeding. He…

August 24, 1984 ·Gary Melick ·FMSHRC
Procedural
ALJ

Energy Coal Income Partnership, 1981-1 v. Secretary of Labor (MSHA)

Energy Coal Income Partnership (FMSHRC KENT 83-30-R and ten consolidated dockets): Settlement penalties total $10,181

MSHA cited Energy Coal Income Partnership after a bench roadway collapsed beneath a bulldozer at its No. 15 Surface Mine, killing operator Bernard Farrar. The judge found that supervisors knew the roadway was hazardous but did not close it, and that the bulldozer lacked working seat belts. The…

August 24, 1984 ·Gary Melick ·FMSHRC
Settled
ALJ

Consolidation Coal Company v. Secretary of Labor (MSHA)

Consolidation Coal Company (FMSHRC WEVA 84-62 and WEVA 84-2-R): Roof plan violation upheld, severity finding removed

MSHA cited Consolidation Coal after its crew cut a corner from a coal pillar at the Rowland No. 3 Mine in a sequence that the approved roof control plan did not permit. Judge Richard C. Steffey found a violation because the plan's allowance for unusual changes did not authorize this recurring…

August 23, 1984 ·Richard C. Steffey ·FMSHRC
Modified
COMM

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

U.S. Steel Mining Company, Inc. (FMSHRC PENN 83-39): Two serious mine safety findings affirmed

MSHA cited U.S. Steel Mining at its Cumberland coal mine for unmarked trailing cable plugs and unsecured compressed gas cylinders. The company admitted the violations but challenged the judge's findings that both were significant and substantial. The Commission held that an unmarked plug could lead…

August 23, 1984 ·FMSHRC
Citations affirmed
COMM

National Federation of Federal Employees, Local 1655 and Adjutant General, State of Illinois

NFFE Local 1655 and Illinois Adjutant General (FLRA O-NG-964): Deficient petition dismissed

NFFE Local 1655 filed a negotiability petition involving the Illinois Adjutant General. The Authority informed the union that the filing did not comply with a procedural rule and specified how to complete the appeal. It also warned that failure to respond within the allowed time could lead to…

August 23, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1151, AFL-CIO and Veterans Administration, New York Regional Office

AFGE Local 1151 and VA New York Regional Office (FLRA O-NG-944): Incomplete petition dismissed

AFGE Local 1151 filed a negotiability petition concerning the Veterans Administration's New York Regional Office. The Authority notified the union that the filing did not meet two procedural requirements and identified the steps needed to complete it. The union made no submission within the time…

August 23, 1984 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 1363 and Department of the Army, Headquarters, U.S. Army Garrison, Yongsan, Korea

NFFE Local 1363 and Army Garrison Yongsan (FLRA O-NG-818): Petition dismissed without negotiability dispute

NFFE Local 1363 sought a negotiability ruling on two proposals concerning ration controls at Army facilities in Korea. The Army had not answered the union's request for a written allegation, but later told the Authority that it had not considered the proposals nonnegotiable. The Authority found…

August 23, 1984 ·FLRA
Procedural
COMM

National Maritime Union of America, AFL-CIO and Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Survey

National Maritime Union and NOAA National Ocean Survey (FLRA O-NG-684): Discipline and watch staffing proposals nonnegotiable

The National Maritime Union proposed ending wage deductions used as a disciplinary fine for misconduct by NOAA vessel employees. It also proposed extra pay for unlicensed seamen when fewer than three worked a watch. The Authority found that the first proposal restricted management's choice of…

August 23, 1984 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1546 and Sharpe Army Depot

AFGE Local 1546 and Sharpe Army Depot (FLRA O-AR-805): Late arbitration exceptions dismissed

AFGE Local 1546 filed exceptions to an arbitrator's award involving Sharpe Army Depot. The award was dated and apparently mailed on May 21, 1984. Under the applicable filing rules, the exceptions were due by the close of business on June 25. The union filed them on June 27. The Authority dismissed…

August 23, 1984 ·FLRA
Procedural
ALJ

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

Kennecott Minerals Company (FMSHRC WEST 83-5-M): Citation posting violation affirmed

MSHA cited Kennecott Minerals for failing to post a citation promptly at its ore haulage plant. Judge John J. Morris found that the company waited more than six hours before posting it, and that the chosen location did not protect the notice against unauthorized removal. Both facts violated the…

August 21, 1984 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

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

Kennecott Minerals Company (FMSHRC WEST 82-155-M and WEST 83-60-M): Settlement approved, berm citations vacated

MSHA cited Kennecott Minerals for missing berms along an elevated access road at its Magna Concentrator tailings pond and for other safety violations. Judge John J. Morris approved settlement of seven citations, with penalties totaling $260, and vacated one settled citation. He also vacated both…

August 21, 1984 ·John J. Morris ·FMSHRC
Mixed result
ALJ

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

Kennecott Minerals Company (FMSHRC WEST 81-342-M and WEST 81-343-M): Ball mill penalties reduced

MSHA cited Kennecott Minerals for unguarded moving parts on 26 ball mills at its Arthur Concentrator. The company withdrew its challenge to the violations but disputed the proposed $2,736 in penalties. Judge John J. Morris held that each unguarded machine could receive a separate penalty, including…

August 21, 1984 ·John J. Morris ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. West Virginia Rebel Coal Company, Inc.

West Virginia Rebel Coal Company (FMSHRC KENT 83-209): Proposed $20 brake settlement rejected

MSHA cited West Virginia Rebel Coal Company after finding inoperative service and parking brakes on a scraper at its No. 1 Surface Mine. The Secretary proposed a $20 settlement, the same amount initially assessed, while describing the violation's gravity and negligence as moderate. Chief Judge Paul…

August 21, 1984 ·Paul Merlin ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Westmoreland Coal Company

Westmoreland Coal Company (FMSHRC WEVA 84-10): Roof control penalty set at $1,000

MSHA charged Westmoreland Coal with violating the roof control plan at its Hampton No. 3 Mine by operating a continuous mining machine beyond permanent roof supports. Judge Richard C. Steffey credited the inspector's measurements and testimony over the company's account of the cut. He found the…

August 20, 1984 ·Richard C. Steffey ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Atlas Minerals

Atlas Minerals (FMSHRC WEST 84-33-M): $300 mine safety settlement approved

MSHA cited Atlas Minerals for an alleged violation of a safety standard at its Moab Mill. The parties agreed to change the citation's statutory designation from section 104(d)(1) to section 104(a) while retaining the original $300 penalty. Judge John J. Morris approved their settlement, affirmed…

August 20, 1984 ·John J. Morris ·FMSHRC
Settled
COMM

Interpretation and Guidance on Federal Service Impasses Panel provisions

FLRA interpretation and guidance (O-PS-28): Agency heads may review Impasses Panel terms

AFGE asked whether an agency head could disapprove contract terms imposed by the Federal Service Impasses Panel and how a union could challenge such a disapproval. The Authority concluded that agency heads may review all agreement provisions, including Panel imposed terms, for consistency with…

August 17, 1984 ·FLRA
Other
COMM

American Federation of Government Employees, Council of Social Security District Office Locals and Department of Health and Human Services, Social Security Administration

AFGE Social Security District Office Council and SSA (FLRA O-NG-741): Volunteer assignment procedure negotiable

AFGE proposed that the Social Security Administration seek qualified volunteer Claims Representatives before assigning staff to an overpayment unit. The proposal left management in charge of deciding qualifications and whether Claims Representatives would staff the unit. The Authority found it was…

August 16, 1984 ·FLRA
Set aside
COMM

American Federation of State, County and Municipal Employees, Local 2910, AFL-CIO and Library of Congress

AFSCME Local 2910 and Library of Congress (FLRA O-NG-612): Transition period proposal negotiable

AFSCME Local 2910 proposed a transition period of at least 90 days for employees reassigned or transferred into new positions. The union explained that employees would continue working but would not be evaluated against the new position's performance requirements during that period. The Authority…

August 16, 1984 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 2 and Harry Diamond Laboratories, U.S. Department of the Army

AFGE Local 2 and Harry Diamond Laboratories (FLRA O-AR-820): Removal award outside FLRA jurisdiction

An Army employee at Harry Diamond Laboratories was suspended for 30 days and then removed. An arbitrator found the removal justified based on extensive absenteeism, but linked its final result to a separate pending arbitration over the suspension. AFGE Local 2 filed exceptions to the removal award…

August 16, 1984 ·FLRA
Procedural
COMM

Office of Hearings and Appeals, Social Security Administration, Arlington, Virginia and American Federation of Government Employees, Council 215, AFL-CIO

SSA Hearings and Appeals and AFGE Council 215 (FLRA O-AR-752): Transcript ruling appeal premature

During an arbitration involving the Social Security Administration's Office of Hearings and Appeals, the arbitrator allowed the agency to see his copy of the hearing transcript subject to conditions. AFGE Council 215 filed exceptions to that ruling. The Authority found the ruling was interim…

August 16, 1984 ·FLRA
Procedural
COMM

Pacific Missile Test Center, Point Mugu, California and National Association of Government Employees, Local R12-33

Pacific Missile Test Center and NAGE Local R12-33 (FLRA O-AR-735): Late exceptions dismissed

NAGE Local R12-33 filed exceptions to an arbitrator's award involving the Pacific Missile Test Center. The award was dated and apparently mailed on February 13, 1984. Under the applicable filing rules, the exceptions were due by March 19. The union filed on March 22. The Authority dismissed the…

August 16, 1984 ·FLRA
Procedural
COMM

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

AFGE Local 12 and Department of Labor (FLRA O-AR-574): Promotion remedy reduced to priority consideration

The Department of Labor canceled a vacancy announcement for a public information specialist position. An arbitrator found that a supervisor canceled it out of bias against a candidate, violating the labor agreement, and ordered that candidate retroactively promoted with backpay. The Authority found…

August 16, 1984 ·FLRA
Modified
COMM

United States Corps of Engineers, Kansas City District and National Federation of Federal Employees, Local 29

Corps of Engineers Kansas City and NFFE Local 29 (FLRA 7-CU-30011): Student clerks included in unit

The Corps of Engineers' Kansas City District asked the Authority to exclude ten student clerk-typists from an existing bargaining unit. The agency argued that their temporary appointments left them without a sufficient community of interest or expectation of continued work. The Authority found that…

August 16, 1984 ·FLRA
Other
COMM

Department of Defense, National Guard Bureau, Texas Adjutant General's Department, 149th TAC Fighter Group, Kelly Air Force Base and American Federation of Government Employees, Texas Air National Guard Council of Locals

Texas Air National Guard and AFGE Council (FLRA 6-CA-210): Union notice required for formal announcement

A commander at a Texas Air National Guard unit met with employees to announce a possible extension of their workweek without notifying their union. The Judge dismissed the complaint because the meeting contained no debate, but the Authority found that a formal meeting can be a statutory discussion…

August 16, 1984 ·FLRA
Mixed result
COMM

Personnel Support Activity and Personnel Support Activity Detachment, Naval Submarine Base New London, and National Association of Government Employees locals

Navy personnel support activities and NAGE (FLRA 1-CU-45): Reorganized bargaining units clarified

A Navy reorganization moved finance and personnel employees into a Personnel Support Activity and a new detachment at Naval Submarine Base New London. The Authority found the finance office group had remained intact under the same supervisors, so it amended that unit's certification to reflect only…

August 16, 1984 ·FLRA
Mixed result
ALJ

Jerry L. Blackburn v. U.S. Steel Mining Co., Inc.

Blackburn v. U.S. Steel Mining Co., Inc. (FMSHRC WEVA 83-242-D): Discrimination complaint withdrawn

Jerry L. Blackburn asked to withdraw his discrimination complaint against U.S. Steel Mining Co., Inc. Judge Joseph B. Kennedy granted the motion for good cause and dismissed the case. The order gives no account of the underlying allegations and makes no finding on the merits.

August 15, 1984 ·Joseph B. Kennedy ·FMSHRC
Procedural
ALJ

Secretary of Labor on behalf of John Cooley v. Ottawa Silica Company

Cooley v. Ottawa Silica Company (FMSHRC LAKE 81-163-DM): Stipulated back pay entered after remand

The Commission had affirmed that Ottawa Silica Company discriminated against John Cooley but returned the case for a new calculation of his remedy. The parties stipulated to $28,738.08 in wages, $618.40 in vacation pay, pension contributions, and $13,226.45 in interest through June 30, 1984, with…

August 15, 1984 ·George A. Koutras ·FMSHRC
Settled
COMM

Matter of Pereira

Fraudulent marriage supported rescission of adjustment

The respondent, a citizen of Portugal, obtained adjustment of status after marrying a United States citizen. The immigration judge later found that the marriage had been entered into solely for immigration purposes and rescinded the adjustment. The Board held that the five-year rescission limit was…

August 10, 1984 ·BIA
Affirmed
ALJ

Secretary of Labor (MSHA) v. James L. Merchen

James L. Merchen (FMSHRC CENT 81-58-M): Supervisor held liable for drilling near misfires

MSHA sought a personal penalty against James L. Merchen, a shift supervisor at Homestake Mine, after he directed miners to drill near two misfired blasting holes. Judge John J. Morris found that Merchen knew of the misfires and the safety rule, yet ordered drilling close enough that the new holes…

August 10, 1984 ·John J. Morris ·FMSHRC
Modified
COMM

Small Business Administration, Washington, D.C. and Salt Lake City District Office and American Federation of Government Employees, Local 1099, AFL-CIO

SBA Salt Lake City and AFGE Local 1099 (FLRA 7-CA-20211): Schedule change complaint dismissed

The Small Business Administration ended a compressed workweek experiment at its Salt Lake City office after notifying AFGE Local 1099 of the proposed change. The union responded that the notice did not comply with the labor agreement and that ending the program was unauthorized. The Authority found…

August 10, 1984 ·FLRA
Set aside
COMM

Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and Chicago, Illinois Region and American Federation of Government Employees, AFL-CIO

SSA Chicago Region and AFGE (FLRA 5-CA-832, 5-CA-834): Formal discussion complaints dismissed

A Social Security Administration supervisor in the Chicago Region spoke with employees about a teleclaims referral process and, at a separate unit meeting, telephone practices. AFGE alleged that the agency should have given the union notice and an opportunity to attend both meetings as formal…

August 10, 1984 ·FLRA
Set aside
COMM

Department of the Treasury, Internal Revenue Service, Jacksonville District and National Treasury Employees Union

IRS Jacksonville District and NTEU (FLRA 4-CA-823): Official time denial violated labor law

An FLRA field attorney asked the IRS Jacksonville District to give an employee official time for two days of prehearing preparation in an unfair labor practice case. The IRS declined to provide both days unless the need was explained further. The Judge dismissed the complaint, reasoning that the…

August 10, 1984 ·FLRA
Set aside
COMM

Antilles Consolidated Education Association and Antilles Consolidated School System

Antilles Education Association and school system (FLRA O-NG-927): Incomplete appeal dismissed

The Antilles Consolidated Education Association filed a negotiability petition involving the Antilles Consolidated School System. The Authority asked the union to explain what its disputed proposals meant and to state whether the issues were also in an unfair labor practice proceeding. After…

August 9, 1984 ·FLRA
Procedural
COMM

Association of Civilian Technicians and Wisconsin Army National Guard, Madison, Wisconsin

Association of Civilian Technicians and Wisconsin Army National Guard (FLRA O-NG-813): Civilian attire proposal nonnegotiable

The Association of Civilian Technicians proposed that Wisconsin Army National Guard technicians generally wear civilian clothes while performing technician duties, with listed occasions for military uniforms. The Authority found that the Guard's military uniform requirement was a management choice…

August 9, 1984 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1900 and Department of Housing and Urban Development

NFFE Local 1900 and HUD (FLRA O-NG-665): Reduction in force stay proposal negotiable

NFFE Local 1900 proposed pausing a HUD reduction in force action while an affected employee appealed a personnel action to the Merit Systems Protection Board. The Authority found that the proposal would delay the agency's action until the Board decided the appeal, but would not prevent HUD from…

August 9, 1984 ·FLRA
Set aside
COMM

American Federation of Government Employees, AFL-CIO and U.S. Environmental Protection Agency

AFGE and EPA (FLRA O-NG-539): Ground rules and negotiator proposal bargainable

AFGE proposed that bargaining with EPA over ground rules begin and that the union use three negotiators. EPA argued that ground rules were outside the bargaining duty and that the union could not use more negotiators than management. The Authority found that ground rules are part of the collective…

August 9, 1984 ·FLRA
Set aside
COMM

Naval Amphibious Base, Little Creek, Virginia and Tidewater Virginia Federal Employees Metal Trades Council, AFL-CIO

Naval Amphibious Base Little Creek and Metal Trades Council (FLRA O-AR-490): Island standby pay award set aside

A Navy employee stayed on an isolated island for three days while assigned to repair a generator. An arbitrator awarded overtime pay for eight hours of standby time on each day because the employee could not leave the island between work periods. The Authority found that the Navy had not ordered or…

August 9, 1984 ·FLRA
Set aside

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.