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

Internal Revenue Service, Kansas City Service Center and National Treasury Employees Union

IRS Kansas City Service Center (FLRA 7-CU-30010): One analyst excluded from unit, three included

NTEU sought clarification of four employees' bargaining unit status at the IRS Kansas City Service Center. The agency argued that they were management officials who belonged outside the unit. The Authority found that Charles Ball could shape work policies and commit resources, so it excluded him…

July 2, 1984 ·FLRA
Mixed result
COMM

Harry Diamond Laboratories, Department of the Army, Department of Defense, American Federation of Government Employees, Local 2, and Office of Personnel Management

Harry Diamond Laboratories (FLRA 3-CA-719, 3-CA-889, 3-CA-970): Paid parking bargaining violation found in part

AFGE Local 2 challenged how Harry Diamond Laboratories and its parent agencies introduced a paid parking program. The Judge recommended dismissal of all unfair labor practice allegations. The Authority agreed that the Army and Defense Department had no duty to bargain directly with a union…

July 2, 1984 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 2840 and U.S. Air Force, Blytheville Air Force Base

Blytheville Air Force Base (FLRA O-NG-803): Appraisal proposal appeal dismissed after withdrawal

AFGE Local 2840 proposed terms concerning use of a civilian appraisal system in personnel actions at Blytheville Air Force Base. The base alleged the proposal was outside the duty to bargain, and the union petitioned the Authority. The Air Force later withdrew the allegation without prejudice to…

June 29, 1984 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 975 and Department of the Air Force, Hanscom Air Force Base

Hanscom Air Force Base (FLRA O-NG-700): Appraisal proposal appeal dismissed after withdrawal

NFFE Local 975 proposed that Hanscom Air Force Base not implement its planned civilian appraisal system. The Air Force initially alleged that the proposal was nonnegotiable, and the union petitioned the Authority for review. The Air Force later withdrew its allegation without prejudice to future…

June 29, 1984 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 975 and Department of the Air Force, Homestead Air Force Base

Homestead Air Force Base (FLRA O-NG-679): Appraisal proposal appeal dismissed after withdrawal

NFFE Local 975 proposed that Homestead Air Force Base not implement its planned civilian appraisal system. The Air Force initially alleged that the proposal was nonnegotiable, and the union asked the Authority for review. The Air Force then withdrew its allegation without prejudice to future cases…

June 29, 1984 ·FLRA
Procedural
COMM

Federal Employees Metal Trades Council and Portsmouth Naval Shipyard

Portsmouth Naval Shipyard (FLRA O-AR-787): Authority lacked jurisdiction over removal award

An arbitrator found that Portsmouth Naval Shipyard had just cause to remove an employee and denied the union's grievance. The Federal Employees Metal Trades Council filed exceptions with the Authority. The Authority found that the award involved a removal, a type of adverse action excluded from its…

June 29, 1984 ·FLRA
Procedural
COMM

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

Social Security Administration (FLRA O-AR-777): Agency exceptions filed late

The Social Security Administration filed exceptions to an arbitrator's award in a dispute with an NFFE council. The Authority found that the award was served by mail on April 9, 1984. Applying the relevant filing rules, it calculated a May 14 deadline. The agency filed on May 17. The Authority…

June 29, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 3882 and Federal Prison System, Ray Brook, New York

Ray Brook Federal Prison System (FLRA O-AR-741): Authority lacked jurisdiction over removal award

An arbitrator found that the Ray Brook prison system lacked just cause to remove an employee. He replaced the removal with a 60-day suspension and ordered reinstatement. The Department of Justice filed exceptions to the award on the activity's behalf. The Authority found that a case involving…

June 29, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees and Social Security Administration

AFGE and Social Security Administration (FLRA O-AR-726): Grievant's exceptions dismissed

An individual grievant filed exceptions to an arbitrator's award in a dispute between AFGE and the Social Security Administration. The Authority found that the filing came one day after the February 27 deadline. It also found that only parties to the arbitration could file exceptions, and the…

June 29, 1984 ·FLRA
Procedural
COMM

Department of the Air Force, Air Force Logistics Command, Kelly Air Force Base and American Federation of Government Employees, Local 1617

Kelly Air Force Base (FLRA O-AR-675): Clarification did not restart exceptions deadline

An arbitrator issued an award in a dispute involving Kelly Air Force Base and AFGE Local 1617. After the parties sought clarification, he explained his intended remedy but did not change the award. The Air Force filed exceptions months after the deadline measured from the original award, arguing…

June 29, 1984 ·FLRA
Procedural
COMM

Matter of Chicas

Generalized violence did not establish persecution

The respondent, a citizen of El Salvador, was found deportable for entering without inspection and sought asylum and withholding of deportation. He described being detained, beaten, and threatened after returning to El Salvador to obtain identity documents, and he feared both guerrilla recruitment…

June 29, 1984 ·BIA
Affirmed
COMM

Copperweld Steel Company

Secretary allowed to withdraw explosion-hazard citation

The Secretary cited Copperweld under the general duty clause after molten steel contacted water and caused an explosion at its plant. A judge vacated the citation, and the Secretary initially obtained Commission review but later moved to withdraw the citation after considering Copperweld's…

June 29, 1984 ·OSHRC
Citations vacated
COMM

Duquesne Light Company

Mixed asbestos rulings affirmed as nonwillful and nonserious

Duquesne employees removed asbestos-containing turbine insulation for several hours without required exposure controls, respirators, protective clothing, containers, lockers, or warning signs. The judge affirmed those violations as nonserious and nonwillful but vacated charges for failing to…

June 29, 1984 ·OSHRC
Mixed result
COMM

General Motors Corporation, GM Parts Division

Safety-shoe citations vacated

General Motors employees handled large numbers of automotive parts at warehouses in Massachusetts and Georgia, and foot injuries had occurred from falling parts and a forklift. GM required substantial shoes, encouraged safety shoes, and offered discounted purchases, but did not make safety-toe…

June 29, 1984 ·OSHRC
Citations vacated
COMM

Department of the Army, U.S. Army Troop Support Agency and Fort Lee, Virginia and American Federation of Government Employees, Local 1178

Army Troop Support Agency at Fort Lee (FLRA O-AR-652): Union exceptions dismissed as late

AFGE Local 1178 filed exceptions to an arbitration award involving the Army Troop Support Agency and Fort Lee, Virginia. The arbitrator's award was dated September 3, 1983, and appeared to have been mailed to the union that day. Under the applicable filing rules, the exceptions were due October 7…

June 28, 1984 ·FLRA
Procedural
COMM

American Bakeries Company

Withdrawal motion need not be served on nonparty employees or unions

The Secretary moved to withdraw a citation against American Bakeries because the evidence was insufficient. The affected employees' union had received notice of the employer's contest but had not elected party status, and the Secretary did not serve the withdrawal motion on it. The Commission held…

June 28, 1984 ·OSHRC
Procedural
COMM

United Mine Workers of America on behalf of Billy Dale Wise v. Consolidation Coal Company

Discrimination dismissal affirmed

Consolidation Coal suspended union safety committeeman Billy Dale Wise for three days after he went past a danger board at an overcast and did not leave when told to do so. An arbitrator later granted Wise relief under the union wage agreement, but an ALJ dismissed his separate Mine Act…

June 27, 1984 ·FMSHRC
Citations affirmed
COMM

Portsmouth Naval Shipyard and Federal Employees Metal Trades Council, AFL-CIO

Portsmouth Naval Shipyard (FLRA O-AR-657): Both sides' arbitration exceptions dismissed as late

Portsmouth Naval Shipyard and the Federal Employees Metal Trades Council each challenged an arbitrator's July 28, 1983 award. The arbitrator had kept jurisdiction for 90 days to resolve questions and later responded to clarification requests without changing the award in a way that raised the…

June 27, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 2600 and General Services Administration, Region 10

GSA Region 10 (FLRA O-AR-491): Arbitration award upheld in official time dispute

AFGE Local 2600 grieved GSA Region 10's denial of official time under a collective bargaining agreement negotiated before the federal labor statute took effect. An arbitrator found no agreement violation and ruled that the grievance procedure did not cover the union's statutory unfair labor…

June 27, 1984 ·FLRA
Upheld
COMM

Environmental Protection Agency, Region VIII, Denver, Colorado and American Federation of Government Employees, AFL-CIO and Local 3607

EPA Region VIII (FLRA 7-CU-20004): Regional counsel staff excluded from existing units

AFGE and Local 3607 asked the Authority to include attorneys and a paralegal in EPA Region VIII's bargaining units after those employees moved from the regional Enforcement Division to the Office of Regional Counsel. The Authority found that the transfer changed their supervision, duties, work…

June 27, 1984 ·FLRA
Other
COMM

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

Army Garrison Yongsan (FLRA O-NG-651): Traffic violation boards outside duty to bargain

NFFE Local 1363 proposed two alternative boards to decide whether bargaining-unit employees accused of traffic violations were guilty. One board would include one union appointee, and the other would consist entirely of union appointees. The Authority found that when a traffic violation has a…

June 26, 1984 ·FLRA
Upheld
COMM

United States Steel Corporation v. Secretary of Labor

Violations upheld, penalties reduced

After a defective mine truck rolled over, U.S. Steel personnel prevented an MSHA inspector from promptly reaching the scene and later delayed an interview with a foreman while seeking a company attorney. The Commission upheld findings that both actions interfered with MSHA's inspection authority…

June 26, 1984 ·FMSHRC
Modified
COMM

Matter of Santos

Procedural defects required prejudice

The respondent, a Filipino visitor who overstayed in the United States, challenged his deportation order after waiving counsel at a short-notice hearing. He argued that the hearing violated his rights because he lacked enough time to obtain counsel, was not properly advised about legal services…

June 26, 1984 ·BIA
Modified
COMM

Carpenter Contracting Corporation

Parking-garage perimeter citation vacated for lack of employee access proof

Carpenter Contracting installed large precast concrete sections while building a multilevel parking garage. OSHA cited unguarded deck perimeters adjacent to the bay under construction, where falls could range from 10 to 40 feet. The Commission accepted the judge's unchallenged finding that…

June 26, 1984 ·OSHRC
Citations vacated
COMM

U.S. Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees

Wright-Patterson Air Force Base (FLRA 5-CA-455, 5-CA-842): Arbitration award enforced, travel claim dismissed

The Air Force Logistics Command refused to implement an interest arbitration award approved through a Federal Service Impasses Panel procedure and denied official time, travel, and per diem to three union representatives at the hearing. The Authority agreed with the administrative law judge that…

June 26, 1984 ·FLRA
Mixed result
COMM

U.S. Soldiers' and Airmen's Home, Washington, D.C. and American Federation of Government Employees, Local 3090

Soldiers' and Airmen's Home (FLRA 3-CA-20561): Complaint dismissed while award exceptions were pending

AFGE Local 3090 charged the Soldiers' and Airmen's Home with an unfair labor practice for failing to implement an arbitrator's reinstatement and backpay award. The agency had filed timely exceptions to the award, which were still pending when the charge was filed. The Authority agreed with the…

June 26, 1984 ·FLRA
Upheld
COMM

Matter of United Investment Group

Later partnership could not use an earlier labor certification

The petitioner was a real-estate partnership seeking preference status for a beneficiary to work as a real-estate sales manager. The Department of Labor had certified the job offer, but the district director denied the petition after finding that the original business had stopped operating. The…

June 25, 1984 ·BIA
Affirmed
ALJ

Secretary of Labor on behalf of Loren E. Nielsen v. Stewart Stone, Inc.

Discharge complaint settled for $3,000

The Secretary of Labor filed a Mine Act discrimination complaint on behalf of Loren E. Nielsen after his discharge from Stewart Stone. The parties agreed that Stewart Stone would pay Nielsen $3,000 to resolve claims arising from his employment and termination. Nielsen agreed to withdraw his…

June 21, 1984 ·Virgil E. Vail ·FMSHRC
Settled
COMM

General Dynamics Corporation, Electric Boat Division

Escape-trunk hatch citation vacated

General Dynamics sent a submarine escape trunk to another production area before installing the spring that counterbalanced its 1,100-pound lower hatch cover. Employees wired the hatch open, but a machinist later removed the wire and was fatally injured when the cover closed. The Commission held…

June 21, 1984 ·OSHRC
Citations vacated
COMM

A. Amorello & Sons, Inc.

Front-end loader backup-alarm citation vacated

OSHA cited A. Amorello & Sons after inspectors observed a front-end loader operating in reverse without hearing its backup alarm. The loader's engine housing blocked the operator's view only for about two feet directly behind the machine, while the exhaust pipe did not block the rear view. Chairman…

June 21, 1984 ·OSHRC
Citations vacated
ALJ

Secretary of Labor on behalf of Teddy W. Bentley v. Beth-Elkhorn Corporation

Discrimination case settled and dismissed

The Secretary of Labor brought a discrimination complaint on behalf of Teddy W. Bentley against Beth-Elkhorn Corporation. After the parties reached a settlement, Bentley signed a statement authorizing the Secretary to withdraw the complaint. Judge Paul Merlin granted the withdrawal and dismissed…

June 20, 1984 ·Paul Merlin ·FMSHRC
Settled
COMM

Spot-Bilt, Inc.

Locked former-exit citations vacated

Spot-Bilt permanently locked a door from its packing area to an interior courtyard, removed its exit sign and handle, and placed materials in front of it. The packing area had a separate outside exit and four doorways leading to nearby rooms with other exits. The Commission held that the exit rule…

June 20, 1984 ·OSHRC
Citations vacated
ALJ

Vesta Mining Company v. Secretary of Labor

Preshift order vacated, roof citation narrowed

Vesta Mining contested two orders and a citation concerning examinations and roof conditions at its mine. Judge William Fauver vacated an order alleging that the company failed to mark a preshift examination in a return entry, finding that the entry had become a bleeder outside the active workings…

June 19, 1984 ·William Fauver ·FMSHRC
Mixed result
COMM

L.M. Sessler Excavating & Wrecking, Inc.

Safety-belt citation vacated for lack of employer knowledge

A Sessler employee dismantling steel on the eighth floor worked from a ladder beside an open elevator shaft and fell into the shaft after a beam broke loose. He was not wearing a safety belt and died from the fall. The company president had issued belts, required their use, checked the equipment…

June 19, 1984 ·OSHRC
Citations vacated
ALJ

Secretary of Labor v. Amherst Coal Company

Four toeboard violations affirmed

MSHA cited Amherst Coal for missing toeboards on elevated walkways and platforms at its coal preparation plant. The company disputed the violations and argued that the phrase requiring toeboards "where necessary" was too vague to enforce. Judge James A. Broderick rejected that argument and found…

June 18, 1984 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Kenneth A. Wiggins v. Eastern Associated Coal Co.

Final relief order grants back pay and fees

After earlier rulings on Kenneth Wiggins's discrimination complaint, the parties agreed on a final order resolving back pay, fees, and other relief. Judge Charles C. Moore, Jr. sustained Wiggins's complaint and ordered Eastern Associated Coal to pay $19,965 in lost salary and benefits, plus…

June 16, 1984 ·Charles C. Moore, Jr. ·FMSHRC
Other
COMM

Richard E. Bjes v. Consolidation Coal Company

Protected work refusal affirmed; relief remanded

Richard Bjes refused to operate a low-profile shuttle car because he believed its controls were unsafe for him to use. Consolidation Coal suspended him, and an ALJ found that the discipline violated the Mine Act's protection for safety-related work refusals. The Commission affirmed, finding that…

June 15, 1984 ·FMSHRC
Remanded
ALJ

Secretary of Labor v. Magma Copper Company

Hoist rope citation affirmed by judge, later vacated

MSHA cited Magma Copper Company after an inspector found broken wires on a counterweight rope at its Superior Mine. Judge Virgil E. Vail found that the evidence showed more than six broken wires in one rope lay, violating 30 C.F.R. § 57.19-128(a). He rejected the operator's challenge to that…

June 14, 1984 ·Virgil E. Vail ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Medicine Bow Coal Company

Equipment fire hazard citations affirmed with lower penalties

MSHA cited Medicine Bow Coal Company for grease, oil, and coal dust accumulations on a dump truck, a front-end loader, and a skidder at its surface mine. Judge John A. Carlson found that the deposits could feed a fire started by a broken fuel or hydraulic line, violating 30 C.F.R. § 77.1104 on each…

June 14, 1984 ·John A. Carlson ·FMSHRC
Modified
ALJ

Secretary of Labor v. Medicine Bow Coal Company

Settlement approved for two citations

Medicine Bow Coal Company faced five mine safety citations in this penalty case. The company and the Secretary agreed to resolve two of them by withdrawing the contests and paying the originally proposed penalties. Judge John A. Carlson treated their motion as a settlement request under section…

June 14, 1984 ·John A. Carlson ·FMSHRC
Settled
COMM

Secretary of Labor v. United States Steel Corporation

Commission recuses and restores ALJ orders

U.S. Steel asked the Commission to recuse itself from reviewing two ALJ decisions about an electrical-safety standard. A Commission staff attorney had privately called MSHA engineers for technical background while preparing a memorandum for the pending review. The Commission found those calls were…

June 14, 1984 ·FMSHRC
Procedural
COMM

Secretary of Labor on behalf of James M. Clarke v. T. P. Mining, Inc.

Sworn statements ordered about judge's call

During a pending petition for review in James Clarke's discrimination case, an ALJ sent the Commission a letter responding to the Secretary's petition. The Commission ruled that the letter improperly bypassed its procedural rules and would not enter the official case record or inform its decision…

June 14, 1984 ·FMSHRC
Procedural
COMM

Department of the Navy, Naval Hospital, Submarine Base Bangor Clinic and International Association of Machinists and Aerospace Workers, District Lodge 160, Local Lodge 282

Bangor naval clinic (FLRA 9-RO-30020): Employees added to existing hospital units

The Machinists union sought a separate bargaining unit for nonprofessional employees at the Navy's Bangor clinic. After an organizational transfer, the clinic shared personnel policies, labor relations services, job classifications, and promotion and reduction-in-force areas with the Bremerton…

June 14, 1984 ·FLRA
Other
COMM

U.S. Department of Energy, Oak Ridge Operations Office and Office and Professional Employees International Union, Local 510

DOE Oak Ridge (FLRA 4-CU-20004): Breeder reactor project staff excluded from existing unit

OPEIU Local 510 asked the Authority to add about six federal employees of the Clinch River Breeder Reactor Project Office to its existing bargaining unit at DOE's Oak Ridge Operations Office. Although the project office had become organizationally subordinate to the Oak Ridge office, its employees…

June 14, 1984 ·FLRA
Other
ALJ

Joseph J. Ceremuga v. Cotter Corporation

Miner withdraws discrimination complaint

Joseph J. Ceremuga brought a discrimination complaint against Cotter Corporation concerning its Schwartzwalder Mine near Denver. He asked to dismiss the complaint because he did not want to leave his job in Arizona to attend a hearing scheduled in Denver. Judge John A. Carlson found that Ceremuga…

June 13, 1984 ·John A. Carlson ·FMSHRC
Procedural
COMM

National Treasury Employees Union, Chapter 226 and U.S. Department of Agriculture, Food and Nutrition Service

USDA Food and Nutrition Service (FLRA O-NG-960): Negotiability petition filed two days late

NTEU Chapter 226 asked the Authority to review a Food and Nutrition Service allegation that a proposed matter was outside the duty to bargain. The allegation was apparently mailed to the union on February 9, 1984. The Authority calculated a February 29 deadline under its filing rules, including the…

June 13, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1482 and U.S. Marine Corps, Marine Corps Logistics Base, Barstow, California

Marine Corps Logistics Base Barstow (FLRA O-NG-947): Seat belt dispute dismissed as moot

AFGE Local 1482 sought review of a proposed Marine Corps rule requiring civilian employees to wear seat belts while driving on base. The union had asked to bargain over the need for the rule and its implementation. The Marine Corps reported that the parties had negotiated and signed a memorandum of…

June 13, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 2142 and Department of the Army, Corpus Christi Army Depot

Corpus Christi Army Depot (FLRA O-NG-923): Negotiability appeal dismissed as late

AFGE Local 2142 sought review of two provisions disapproved by the Army agency head during review of a locally negotiated agreement. The disapproval was mailed to the union on August 5, 1983. The parties continued bargaining and reached an impasse, but the union filed its Authority petition on…

June 13, 1984 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 1113 and Department of the Air Force, Headquarters 325th Combat Support Group, Tyndall Air Force Base

Tyndall Air Force Base (FLRA O-NG-897): Awards board proposal appeal dismissed after withdrawal

NFFE Local 1113 appealed an Air Force agency head's disapproval of negotiated provisions for union membership on two awards bodies at Tyndall Air Force Base. The agency head had cited law and agency regulation as barriers to the provisions. The Air Force then withdrew its nonnegotiability…

June 13, 1984 ·FLRA
Procedural
COMM

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

Social Security Administration (FLRA O-AR-734): Authority lacked jurisdiction over suspension award

An arbitrator rescinded a 30-day suspension imposed by the Social Security Administration. The agency filed exceptions with the Authority. The Authority held that the statute excludes awards concerning suspensions longer than 14 days from its arbitration exception jurisdiction. It dismissed the…

June 13, 1984 ·FLRA
Procedural
COMM

Veterans Administration Medical Center, Kerrville, Texas and American Federation of Government Employees, Local 2281

Kerrville VA Medical Center (FLRA O-AR-612): Probationary employee arbitration award set aside

AFGE Local 2281 grieved the Kerrville VA Medical Center's separation of an employee during her probationary period. The arbitrator found the grievance arbitrable but denied it on the merits. On the union's exceptions, the Authority held that governing law and regulations barred use of a negotiated…

June 13, 1984 ·FLRA
Set aside
COMM

Department of Transportation, Federal Aviation Administration, Los Angeles, California and Professional Airways Systems Specialists, Local 503

FAA Los Angeles (FLRA 8-CA-20260): Watch schedule change required bargaining

The FAA changed a watch schedule at its Los Angeles facility after one of six employees resigned. Its predecessor union had waived negotiation rights under an agreement that later expired, but PASS Local 503 sought bargaining over the change. The administrative law judge found only an obligation to…

June 13, 1984 ·FLRA
Mixed result
COMM

Dravo Engineers and Constructors

Hazard-instruction citation vacated

Dravo barricaded the swing-radius area around a crawler crane and instructed employees about the counterweight hazard. During a follow-up inspection, OSHA observed three employees cross the barricaded area and cited Dravo under the construction hazard-instruction standard. The judge found that…

June 12, 1984 ·OSHRC
Citations vacated
ALJ

Secretary of Labor v. Mettiki Coal Corporation

$1,000 ventilation settlement approved

MSHA cited Mettiki Coal Corporation after a roof fall knocked out stoppings that directed ventilation through a mined-out area of its C-Mine. Judge Paul Merlin found that the resulting air path failed to carry methane away from the area, violating 30 C.F.R. § 75.329, and that methane could reach…

June 8, 1984 ·Paul Merlin ·FMSHRC
Settled
ALJ

Secretary of Labor v. United States Steel Mining Company, Inc.

Secretary of Labor v. U.S. Steel Mining (FMSHRC PENN 83-143 and related dockets): Five citations upheld, nine vacated

MSHA sought penalties against U.S. Steel Mining for electrical, ventilation, dust control, and fire safety conditions at three Pennsylvania coal mines. Chief Judge Paul Merlin upheld five citations involving shared grounding clamps, belt air reaching a working section, inoperable water sprays, and…

June 8, 1984 ·Paul Merlin ·FMSHRC
Mixed result
COMM

National Labor Relations Board Union and National Labor Relations Board, Office of the General Counsel

NLRB Office of the General Counsel (FLRA O-NG-781): Reassignment prerequisite held nonnegotiable

The NLRB Union proposed that the agency reassign an employee before a performance-based grade reduction and consider a lower grade or another suitable position before removal. The Authority found that these required steps would place conditions on management's statutory right to assign, reduce in…

June 8, 1984 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R14-87 and Kansas Army National Guard

Kansas Army National Guard (FLRA O-NG-667): Technician compatibility proposal outside duty to bargain

NAGE Local R14-87 proposed giving technicians one year after a voluntary civilian position change to obtain a compatible military assignment. The Kansas Army National Guard's new policy required compatibility immediately. The Authority found that the proposal governed the military side of…

June 8, 1984 ·FLRA
Upheld
COMM

Laborers International Union, Local 1276 and Defense Logistics Agency, Defense Depot Tracy, California

Defense Depot Tracy (FLRA O-NG-647): Packer equipment proposals held nonnegotiable

Laborers Local 1276 proposed limiting when packers at Defense Depot Tracy could operate forklifts and other materials handling equipment. It also proposed barring equipment licensing as a selection or appraisal requirement. The Authority held that the first proposal interfered with management's…

June 8, 1984 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1430 and Department of the Navy, Northern Division, U.S. Naval Base, Philadelphia

Philadelphia naval base (FLRA O-NG-616): Performance discussion negotiable, manager discipline proposal rejected

NFFE Local 1430 proposed annual discussions among employees, supervisors, and stewards about performance elements and standards at the Navy's Philadelphia base. The Authority held that the proposal required communication and participation without taking away management's power to set the standards…

June 8, 1984 ·FLRA
Mixed result
COMM

National Weather Service Employees Organization and National Oceanic and Atmospheric Administration

NOAA (FLRA O-NG-564): Official time for outside-unit negotiators held nonnegotiable

The National Weather Service Employees Organization proposed official time for union negotiators, including employees outside the unit covered by a new agreement. NOAA disputed the provision for outside-unit employees. The Authority held that statutory official time for agreement negotiations…

June 8, 1984 ·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.