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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Social Security Administration, Chicago and American Federation of Government Employees, Local 1346
Dues withholding violations upheld with narrower remedy
The Social Security Administration stopped withholding Mary Moes’s union dues during management training and delayed processing two other employees’ dues authorizations. The Authority agreed with the judge that these actions violated the statutory dues withholding duty. It narrowed the remedy by…
Department of the Air Force, Homestead Air Force Base and National Federation of Federal Employees, Local 1167
Union bulletin board complaint dismissed
NFFE Local 1167 challenged Homestead Air Force Base’s policy against posting union literature during paid breaks and lunch periods. An administrative law judge found that the complaint did not establish the alleged unfair labor practices under the parties’ agreement and the governing rule. The…
Department of Defense, National Guard Bureau; National Federation of Federal Employees; and National Association of Government Employees
Two National Guard unit consolidation petitions denied
NFFE and NAGE each sought to consolidate multiple National Guard technician bargaining units across states. The Authority found that the National Guard Bureau issued uniform regulations but did not directly supervise technicians or administer local personnel and labor relations programs. State…
U.S. Government Printing Office and Joint Council of Unions, GPO
Printing Office reorganization bargaining order upheld
The Government Printing Office announced a Production Department reorganization on a Friday for implementation the following Monday. The judge found that the short notice and refusal to delay denied the unions a meaningful opportunity to bargain over procedures and effects. The Authority agreed…
Division of Military and Naval Affairs, New York National Guard and Association of Civilian Technicians, New York State Council
Five supervisors excluded; four technicians retained
The New York National Guard sought to clarify whether several technicians belonged in an ACT bargaining unit. The Authority excluded five employees who independently directed or assigned federal subordinates’ work or effectively recommended personnel actions. It retained four others because their…
Veterans Administration Medical Center, Buffalo, New York and Marlene K. Bess
Job applicant discrimination complaint dismissed
Marlene Bess alleged that the Buffalo Veterans Administration Medical Center denied her a housekeeping aide position after she challenged a vacancy announcement under the union contract. The judge found her complaint was protected activity but found no proof that antiunion motive caused the…
Secretary of Labor (MSHA) v. Kennecott Minerals Company
Crane bumper violation upheld
MSHA brought two citations against Kennecott Minerals Company at its Ore Haulage Plant. The parties agreed to remove the significant and substantial finding from one citation and to a $106 penalty for it. The second citation concerned an overhead crane whose cab had been enlarged without moving the…
Secretary of Labor (MSHA) on behalf of Johnny N. Chacon v. Phelps Dodge Corporation
ALJ relief reinstated after court remand
A court of appeals reversed the Commission's earlier decision in Johnny Chacon's discrimination case against Phelps Dodge Corporation and sent the matter back. The Commission then reinstated the administrative law judge's decision. That reinstated relief included expungement, back pay with…
National Federation of Federal Employees, Local 1669 and Arkansas Air National Guard
One travel proposal moot; quarters proposal rejected
NFFE Local 1669 challenged the Arkansas Air National Guard’s objections to two travel proposals. The Authority treated the military uniform proposal as moot after the union clarified that it covered passengers, not crew members. It held the second proposal outside the duty to bargain because…
Veterans Administration, Audie L. Murphy Memorial Veterans Hospital and American Federation of Government Employees, Local 3511
Clerk vacancy announcement award upheld
An arbitrator ordered the veterans hospital to announce a supervisory clerk vacancy for competition after finding that it had bypassed merit promotion procedures. The hospital argued that the award intruded on management rights and improperly involved classification or excluded supervisory…
United Mine Workers of America v. Secretary of Labor (MSHA)
Union cannot contest vacation of withdrawal order
An MSHA inspector issued a withdrawal order to Saginaw Mining Company, another inspector terminated it, and a supervisor later vacated it as erroneous. The United Mine Workers of America sought to reinstate the order through a contest before the Commission. The Commission majority held that 30…
Secretary of Labor (MSHA) on behalf of Bruce Edward Pratt v. River Hurricane Coal Company, Inc.
Secretary of Labor (MSHA) on behalf of Bruce Pratt v. River Hurricane Coal Company (FMSHRC KENT 81-88-D): Illegal discharge upheld with narrower order
Bruce Pratt declined to fight a fire involving a scoop's battery equipment at River Hurricane Coal Company's mine because he feared an explosion or acid injury. After he said he would respond the same way to a similar fire, the company fired him. The Commission held that Pratt's safety concern was…
Department of Housing and Urban Development, Region VI, San Antonio Area Office and American Federation of Government Employees, Local 3320
Mileage bargaining and retaliation violations upheld
A judge found that the HUD San Antonio office changed private vehicle mileage rates without giving AFGE Local 3320 a chance to bargain. The judge also found discrimination against an employee who sought union help, while rejecting other allegations. The Authority adopted those findings and ordered…
Department of Labor, Employment Standards Administration and James Brown
Employee interview complaint dismissed
James Brown challenged an Employment Standards Administration interview held without a union representative and raised other unfair labor practice allegations. The agency had postponed the meeting three times while he sought representation and had contacted the union to arrange it. When Brown again…
Secretary of Labor (MSHA) v. Palmer Coking Coal Company
Proposed $20 settlement denied pending facts
The Secretary asked to settle a citation against Palmer Coking Coal Company for the original $20 assessment. The citation concerned an inoperative automatic warning device on a dozer at the company's surface mine. Chief Administrative Law Judge Paul Merlin found that the motion did not explain the…
Secretary of Labor (MSHA) v. Asphalt Mining & Concrete Company
Dismissal denied despite paid assessments
Asphalt Mining & Concrete Company paid the proposed $20 assessments for six citations after the Secretary filed a penalty petition. The Secretary then asked to dismiss the case. Chief Administrative Law Judge Paul Merlin denied that request because the motion gave only general statements about…
Secretary of Labor (MSHA) v. Ross Island Sand & Gravel Company
Settlement denied pending penalty facts
The Secretary proposed to settle two citations against Ross Island Sand & Gravel Company for $20 each. One involved wood and other debris on a work deck, and the other an unsecured acetylene bottle in a welding area. Chief Administrative Law Judge Paul Merlin found that the motion supplied facts…
Naval Weapons Station, Yorktown and National Association of Government Employees, Local R4-96
Three-day suspension award upheld
An arbitrator reduced a Yorktown employee’s suspension from six days to three after finding that marijuana residue in the employee’s car violated an activity rule. NAGE argued that the arbitrator had not applied the proof standard for certain adverse actions. The Authority held that the cited…
Veterans Administration, Hines Hospital and Illinois Nurses Association, Hines Unit
Nurse rating grievance arbitrability award upheld
A nurse challenged a satisfactory proficiency rating through a grievance. The arbitrator found that the parties’ agreement excluded dissatisfaction with proficiency ratings from the grievance procedure. The Illinois Nurses Association argued that the agreement permitted the grievance, but the…
U.S. Customs Service, Region VIII, San Francisco and National Treasury Employees Union
Arbitration witness interview complaint dismissed
Customs management interviewed bargaining unit employee Walter Lisowski before an arbitration hearing without notifying NTEU. The union alleged that the interview was a formal discussion about a grievance requiring its presence. The judge found that management was gathering facts for the hearing…
Department of the Air Force, 915th Tactical Fighter Group, Homestead Air Force Base and National Federation of Federal Employees, Local 1167
Union committee choice protected; other allegations dismissed
The 915th Tactical Fighter Group selected which NFFE Local 1167 representatives could attend a working committee on employees’ conditions of employment. A judge found that this interfered with the union’s right to choose its own representatives, while rejecting other complaint allegations. The…
Defense Mapping Agency, Providence Field Office and American Federation of Government Employees, Local 1884
Two security positions excluded from unit
The Defense Mapping Agency sought to exclude a security specialist and security assistant from its Providence bargaining unit. Both handled top secret materials, controlled access to a secure vault, and operated equipment for classified transmissions. The Authority found that their work directly…
Scott Air Force Base and National Association of Government Employees, Local R7-23
Late arbitration exceptions dismissed
NAGE Local R7-23 filed exceptions to an arbitration award dated August 16, 1983. The Authority calculated September 14 as the last day for receipt but received the filing on September 15. It held that the thirty-day period could not be extended or waived. The union’s exceptions were dismissed…
National Labor Relations Board, Region 16 and National Labor Relations Board Union, Local 16
Late arbitration exceptions dismissed
NLRB Region 16 filed exceptions to an arbitration award dated August 9, 1983. The Authority calculated a September 7 deadline for receipt of exceptions, but received them September 8. It held that the filing period could not be extended or waived. The exceptions were dismissed without a merits…
Federal Correctional Institution, Petersburg and American Federation of Government Employees, Local 2052
Three-day suspension award upheld
An arbitrator upheld a three-day suspension of a Petersburg correctional employee for abusive and obscene language toward a supervisor. AFGE Local 2052 challenged the award on contract, factual, authority, and protected union activity grounds. The Authority treated the objections as disagreement…
U.S. Forest Service, Shasta-Trinity National Forest and National Federation of Federal Employees, Local 1771
Computer technician excluded as supervisor
The Forest Service sought to exclude computer technician Linda Shoemaker from an NFFE bargaining unit. The Authority found that she assigned and directed work and effectively recommended hiring, layoffs, and awards using independent judgment. It classified her as a supervisor and removed her…
U.S. Forest Service and National Federation of Federal Employees, Local 60
Seven policy makers excluded from Forest Service unit
The Forest Service asked whether fifteen professional employees belonged in an NFFE bargaining unit. The Authority excluded seven who developed national or regional policy in geology, wildlife, cultural resources, landscaping, forest products, or forestry. It kept the remaining employees in the…
U.S. Army Missile Command, Redstone Arsenal and American Federation of Government Employees, Local 1858
Supervisory positions excluded; other professionals retained
The Army Missile Command sought to clarify the status of employees in numerous professional job classifications. The Authority excluded incumbents in specified classifications whose independent judgment and personnel authority made them supervisors. It kept William Malcolm and the other listed…
Agency for International Development and American Federation of Government Employees, Local 1534
Professional employees kept in AID bargaining unit
The Agency for International Development and AFGE Local 1534 jointly sought a unit clarification involving many professional positions. The Authority found that the listed employees implemented policy but did not shape it and that the record did not establish supervisory authority. It kept those…
Social Security Administration and American Federation of Government Employees
Union president’s official time restored
The Social Security Administration charged the national union council president annual leave for preparing for negotiations, despite a past practice of granting full official time for labor relations duties. The Authority agreed with the judge that the unilateral change violated the bargaining…
New York Division of Military and Naval Affairs and Association of Civilian Technicians
Two supervisors excluded; two technicians retained
The New York Division of Military and Naval Affairs sought to exclude four technicians from an ACT bargaining unit as supervisors. The Authority found that Charles Demarest and William Baldwin independently directed work and effectively recommended personnel actions. It found no comparable…
New Hampshire Air National Guard and Association of Civilian Technicians, Granite State Chapter
Four flight instructors excluded from unit
The New Hampshire Air National Guard sought to exclude four flight instructors from an ACT bargaining unit. The Authority found that Hubert Burkhead independently assigned civilian subordinates’ work and was a supervisor. It found that Joseph Wright, Thomas Bunting, and John Recher shaped agency…
Secretary of Labor (MSHA) v. Plateau Resources Limited
Noise penalties imposed after contest lapsed
MSHA proposed penalties for two noise violations at Plateau Resources Limited's Lucky Strike Mine. The operator did not renew its contest as required by an earlier order. Judge Joseph B. Kennedy dismissed the contest with prejudice, leaving the proposed penalties in place. He ordered Plateau to pay…
Patricia Swensen v. Emery Mining Corporation
Discrimination complaint settled for $469.84
Patricia Swensen alleged that Emery Mining Corporation discriminated against her by failing to discipline an employee accused of sexually harassing her. She sought lost pay and travel expenses under the Mine Act's discrimination provision. The parties reached a $469.84 settlement and jointly asked…
Secretary of Labor (MSHA) v. United States Steel Corporation
One roadway guard location upheld after remand
MSHA cited United States Steel Corporation for inadequate berms or guards at three places on a road to its No. 32 Mine. The Commission had sent the case back for the judge to assess whether a reasonably prudent person would have provided stronger barriers. Judge George A. Koutras found a violation…
American Federation of Government Employees, Local 1917 and Immigration and Naturalization Service, Eastern Region
Education leave award upheld
An arbitrator found that an Immigration and Naturalization Service employee’s request for three days of leave without pay each week for law school was consistent with agency needs under the parties’ agreement. The agency challenged the award as a violation of management rights and federal personnel…
Secretary of Labor (MSHA) v. United States Steel Mining Co., Inc.
$350 assessed for electrical and roof support violations
MSHA cited United States Steel Mining at its Maple Creek No. 1 Mine for an unsecured electrical scoop plug and one missing temporary roof support. The operator admitted both violations but disputed their seriousness and the proposed penalties. Judge James A. Broderick found that the roof support…
Association of Civilian Technicians, New York State Council and State of New York, Division of Military and Naval Affairs
Association of Civilian Technicians and New York Division of Military and Naval Affairs (FLRA O-NG-96): Stay of negotiability ruling denied
The National Guard Bureau asked the Authority to stay an earlier ruling that a union proposal about technicians wearing military uniforms was negotiable. It argued that a related unfair labor practice case had been remanded by a court and might produce a conflicting decision. The Authority found…
National Treasury Employees Union, Chapter 208 and Nuclear Regulatory Commission
Travel pay and per diem proposals negotiable
NTEU proposed pay for off-hours travel to nuclear waste sites and per diem treatment for inspectors detailed there. The Authority found that site operating hours were set by private firms rather than the Nuclear Regulatory Commission, so the travel proposal did not conflict with federal overtime…
American Federation of Government Employees, Local 1917 and U.S. Immigration and Naturalization Service
Employee reprimand award upheld
An arbitrator denied a grievance challenging a reprimand for an on-duty fight with another employee. AFGE Local 1917 argued that the arbitrator had disregarded evidence, applied the wrong proof standard, and issued an ambiguous or legally flawed award. The Authority found that most objections…
ACTION and American Federation of State, County and Municipal Employees, Local 2023
Reduction in force notice award upheld
ACTION and the union had agreed to a minimum twenty-one-day specific notice before reduction in force actions. When the union later proposed ninety days and the agency refused to bargain, an arbitrator denied the union’s grievance. The union argued that the arbitrator had denied it a fair hearing…
U.S. Army Aviation Center, Fort Rucker and American Federation of Government Employees, Local 1815
Competitive promotion procedures award upheld
An arbitrator denied an employee’s request for a noncompetitive career promotion after additional duties led to a position upgrade. The negotiated merit promotion plan required competition when the upgrade resulted from planned management action. The union argued that revised personnel guidance had…
U.S. Army Corps of Engineers, New Orleans District and National Federation of Federal Employees, Local 1124
Mechanic promotion grievance award upheld
A Corps of Engineers employee was rated qualified but not referred for a lock and dam equipment mechanic promotion. An arbitrator rejected her claim that sex discrimination prevented proper consideration and denied the grievance. The union challenged the award for missing documents, bias, and…
Bureau of Alcohol, Tobacco and Firearms, San Juan and National Treasury Employees Union, Chapter 109
Training travel grievance award upheld
Employees traveled to mandatory training outside regular work hours without compensation. An arbitrator denied the union’s grievance alleging that the agency should have scheduled travel during work hours. The union argued that the arbitrator also should have decided whether two employees were owed…
San Antonio Air Logistics Center, Kelly Air Force Base and American Federation of Government Employees, Local 1617
One-day suspension award upheld
An arbitrator upheld a one-day suspension after an employee left a required counseling session despite an order to remain. The union argued that the award punished protected expression and was influenced by her husband’s union position. The Authority found that the arbitrator had based the…
Secretary of Labor (MSHA) v. Ralph Ball, Inc.
$40 settlement approved for two safety citations
MSHA cited Ralph Ball, Inc. for missing temporary roof support for a roof bolter and missing overload protection for an electric drill at its Pruden Mine. Ralph Ball conceded the violations but disputed their significant and substantial designations. The parties proposed a reduced settlement after…
Owens-Illinois, Inc.
Commission affirms the vacatur of a citation the Secretary itself moved to drop
This is a short order closing out a contested citation that the Secretary of Labor decided not to pursue. The Secretary moved to vacate the citation issued to Owens-Illinois. Administrative Law Judge Edwin G. Salyers granted that motion on May 31, 1983, and the citation was vacated. The case then…
Secretary of Labor (MSHA) v. Bear Creek Mining Company
$363 in penalties assessed by default
Bear Creek Mining Company contested proposed civil penalties in two cases involving its Mine No. 1 and Mine No. 2. A hearing notice sent to the address it supplied was returned as undeliverable, and further efforts to find a company representative failed. Judge Gary Melick found that Bear Creek had…
Ralph Yates v. Cedar Coal Company
Ventilation complaint dismissed after discharge finding
Ralph Yates, a section foreman at Cedar Coal Company's Big John No. 4 Mine, said he was discharged for complaining about inadequate ventilation. Judge James A. Broderick found that Yates's safety complaints were protected activity and that he was constructively discharged when told to sign a quit…
National Treasury Employees Union and Internal Revenue Service, Dallas District
One assignment proposal rejected; proficiency proposal negotiable
NTEU proposed two rules for IRS employee assignments and position descriptions. The Authority rejected a proposal that would prevent managers from considering grade and work group when assigning specialized backlog cases. It found a second proposal negotiable because it did not require any…
Federal Grain Inspection Service and American Federation of Government Employees, National Council of Grain Inspection Locals
Late arbitration exceptions dismissed
The Department of Agriculture filed exceptions to a Federal Grain Inspection Service arbitration award dated August 8, 1983. The Authority calculated a September 6 deadline for receipt but received the filing September 7. It held that the deadline could not be extended or waived. The exceptions…
Holston Army Ammunition Plant and American Federation of Government Employees, Local 2659
Traffic manager selection award upheld
An arbitrator rejected a union grievance alleging that the Holston Army Ammunition Plant had preselected an unqualified employee as traffic manager. AFGE Local 2659 repeated those objections in exceptions to the award. The Authority held that the exceptions merely disagreed with the arbitrator’s…
Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Company
Methane violation and $2,500 penalty found by judge
An MSHA inspector measured 6.34 percent methane near a working section of Youghiogheny & Ohio Coal Company's mine. The operator accepted the imminent danger withdrawal order but argued that methane accumulation alone did not prove a violation of 30 C.F.R. § 75.308. Judge James A. Broderick found…
Defense Mapping Agency, Kansas City Office and American Federation of Government Employees, Local 2786
Security clerk excluded from unit
The Defense Mapping Agency and AFGE Local 2786 agreed to update the bargaining unit description to track statutory exclusions. The agency also sought to exclude security clerk David Manspeaker. The Authority found that he controlled access to highly classified material, transported it, and guarded…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
$280 assessed for cable and ventilation violations
MSHA cited U.S. Steel Mining for a loose strain clamp on a roof bolter's trailing cable and for ventilation air from a battery charging station that did not flow directly to the return. The operator admitted the conditions but disputed their significant and substantial designations and proposed…
NFFE Local 29 and U.S. Army Corps of Engineers, Kansas City District
Negotiability petition dismissed after agency withdrew objection
NFFE Local 29 sought a negotiability ruling on a proposal about conflicts between agency regulations and the parties’ agreement. The Corps of Engineers had orally objected to the proposal, but later withdrew its allegation that the proposal was nonnegotiable. The Authority found no remaining…
NFFE Local 29 and U.S. Army Engineer District, Kansas City
Interest on delayed travel reimbursement held nonnegotiable
NFFE Local 29 proposed interest payments when the Army Engineer District reimbursed employee travel expenses after a stated deadline. The proposal also sought repayment of interest employees incurred on personal credit. The Authority held that neither kind of interest was an actual and necessary…
HHS, Social Security Administration, Mid-America Program Service Center and AFGE Local 1336
Removal award exceptions dismissed for lack of jurisdiction
An arbitrator upheld the removal of a Social Security Administration employee for unacceptable performance. AFGE Local 1336 filed exceptions with the Authority. The Authority held that this type of removal falls under 5 U.S.C. § 4303 and that § 7122(a) excludes the resulting arbitration award from…
Defense Logistics Agency, Defense Depot Memphis and AFGE Local 2501
Five day suspension arbitration award upheld
An arbitrator upheld a five day suspension imposed on a Defense Depot Memphis employee for failing to report to duty on time. AFGE Local 2501 challenged the award, arguing that the arbitrator misunderstood the issues and failed to consider its evidence. The Authority found that the union was asking…
U.S. Customs Service, Region VIII and NTEU
Union steward desk sign restriction found unlawful
A Customs employee displayed a small “STEWARD IS IN” sign on her desk, identifying herself as a union steward. Customs prevented her from displaying it. An Administrative Law Judge found that this interfered with employees’ labor rights, and the Authority adopted the finding. It ordered Customs to…
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.