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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Matter of Zorrilla
Dominican divorce timing supported visa petition
A lawful permanent resident petitioner sought preference status for a spouse after obtaining a divorce in the Dominican Republic. The District Director denied the petition because the divorce was thought to have been pronounced too long after the judgment. The Board held that the two-month period…
American Federation of Government Employees, Local 3760 and Social Security Administration, Disability Analysis Branch, Field Assessment Office
SSA examiner telephone proposal nonnegotiable
The union proposed giving each SSA disability examiner a personal telephone. The Authority found that the equipment requirement concerned the technology of performing work. Under the statute, bargaining on that subject depended on the agency's choice, and SSA had chosen not to bargain. The…
National Federation of Federal Employees, Local 1214 and U.S. Army Training Center, Fort Jackson, South Carolina
Fort Jackson instructor attrition proposal nonnegotiable
The Army planned to have instructors at Fort Jackson teach both typing and academic or clerical subjects. The union proposed making the change through attrition, leaving current instructors on their existing subjects and applying combined duties only to new hires. The Authority held that this would…
New York State Nurses Association and Veterans Administration Medical Center, Bronx, New York
Bronx VA nursing duty limits nonnegotiable
The nurses' union proposed limiting routine assignment of listed nonnursing tasks at the Bronx VA medical center, while allowing urgent exceptions. The Authority found that the proposal would restrict management's ability to assign those duties unless the exception applied. That directly interfered…
National Federation of Federal Employees, Local 1497 and Lowry Technical Training Center, Lowry Air Force Base, Colorado
Lowry promotion proposals split on selection rights
A Lowry Air Force Base union proposed seven rules for developing promotion evaluation patterns and ranking candidates. The Authority rejected joint control of selection factors and other provisions that constrained management's selection rights. It ordered bargaining on a ten day promotion roster…
James Eldridge v. Sunfire Coal Company
Miner wins discrimination claim after refusing overtime
James Eldridge said Sunfire Coal Company fired him after he refused to continue pillar extraction beyond his regular shift because he was physically and mentally exhausted. Judge George A. Koutras found that the refusal was reasonable, made in good faith, and protected by the Mine Act because…
Harry S. Truman Memorial Veterans Hospital, Columbia, Missouri and American Federation of Government Employees, Local 3399
VA probationer grievance complaint dismissed
A VA hospital declared a trial period employee's termination grievance outside the negotiated procedure. The union alleged an unfair labor practice, arguing that probationary employees could grieve under the agreement. The Authority found the agreement unclear on that point and noted that it sent…
Department of the Interior, U.S. Government Comptroller for the Virgin Islands and American Federation of Government Employees, Local 3514
Virgin Islands union appraisal comment unlawful
A Virgin Islands comptroller office included remarks about a union president's grievance advocacy in his performance appraisal. The Authority added an unfair labor practice finding for the remark about protected union activity, while finding that a separate remark about a personal telephone dispute…
ACTION and ACTION Employees Union, AFSCME Local 2027
Temporary promotion back pay remedy removed
An arbitrator found that ACTION had failed to give a repromotion eligible employee special consideration for a temporary GS-14 job and awarded back pay as if the employee had been selected. The Authority held that the Back Pay Act required a finding that the employee would actually have received…
Association of Civilian Technicians, Montana Air Chapter and Montana Air National Guard, 120th Fighter Interceptor Group
Montana Guard reduction in force proposals rejected
The Montana Air National Guard union proposed nine rules for reductions in force, including an outside hiring freeze, volunteer layoffs, seniority and bumping rules, and limits on separating technicians. The Authority found that the proposals conflicted with management selection and layoff rights…
United States Customs Service and National Treasury Employees Union
Late arbitration exceptions dismissed
The Customs Service challenged an arbitration award dated January 24, 1983. Its exceptions reached the Authority on February 23, one day after the filing deadline. The Authority said its rules did not allow it to extend or waive that deadline. It dismissed the exceptions without reviewing the…
Secretary of Labor, on behalf of William E. Fitzwater III v. Mettiki Coal Corporation
Case name in earlier decision corrected
In the discrimination case brought on William Fitzwater's behalf against Mettiki Coal Corporation, Judge Charles C. Moore, Jr. issued a correction to his February 17 decision. The correction replaces “Michel” with “Michael Dunmire” in the case citation on page 6, line 12. This notice makes no new…
Secretary of Labor (MSHA) v. Oatville Sand & Gravel Company
Eight safety citations affirmed with reduced penalties
MSHA cited Oatville Sand & Gravel Company for eight conditions involving a grinder guard, electrical equipment, an exposed belt, emergency numbers, movable equipment, and the mine office sign. Judge John J. Morris rejected the company's claim that an earlier case had already resolved these…
FMC Corporation v. Secretary of Labor (MSHA)
): Hoist citation vacated because ore hoist was outside the medical certification rule
MSHA cited FMC Corporation for assigning a hoist operator whose physician had withdrawn his medical certification under 30 C.F.R. § 57.19-57. Judge Michael A. Lasher, Jr. found that the No. 2 shaft hoist handled ore, and the cited hoistman, Ralph Portillo, had not operated a man hoist after his…
Consolidation Coal Company v. Secretary of Labor (MSHA)
Dust citation and $150 penalty upheld
MSHA cited Consolidation Coal Company after five samples at its Blacksville No. 1 Mine averaged 4.1 milligrams of respirable dust per cubic meter. The company admitted the dust limit violation but contested the finding that it was significant and substantial. Judge James A. Broderick found that…
Secretary of Labor (MSHA) v. Burgess Mining & Construction Corporation
Eight mine safety citations upheld, one dismissed
MSHA sought penalties for conditions at Burgess Mining's Boothton surface coal mine, including an unprotected worker near a highwall, unguarded dragline parts, and unsafe equipment. Judge William Fauver upheld eight citations and found that the worker's position near the highwall was an imminent…
Secretary of Labor (MSHA) v. Helen Mining Company
$20 settlement approved after appellate ruling
This civil penalty case involving Helen Mining Company returned to the judge after a court of appeals decision and a Commission remand. Chief Judge Paul Merlin said the appellate ruling required a violation finding and left only the penalty amount to decide. The operator proposed a $20 settlement…
United States Army Troop Support and Aviation Materiel Readiness Command and National Alliance of Postal and Federal Employees
Union literature complaint dismissed
A union alleged that an Army command's letter barred employees from distributing union literature at its facilities. The Judge read the letter as addressing distribution by the union as an organization, not distribution by employees, and found no interference with employees' rights. The Authority…
American Federation of Government Employees, Council of Social Security Locals and Social Security Administration
Negotiability petition became moot
The union proposed that candidates selected under an open continuous career ladder announcement enter at the highest grade for which they qualified. The Social Security Administration alleged that the proposal interfered with management rights, and the union sought an Authority ruling. The agency…
Pittsburgh Area Field Operations, Social Security Administration and American Federation of Government Employees, Local 3231
Union arbitration exceptions filed late
The union challenged an arbitration award dated January 17, 1983. Its exceptions reached the Authority on February 16, one day after the filing deadline. The Authority said it could neither extend nor waive the deadline. It dismissed the exceptions without reaching the merits.
United States Army Missile Command and American Federation of Government Employees, Local 1858
Late union exceptions dismissed
The union challenged an arbitration award dated January 10, 1983. Its exceptions were due by February 8 but reached the Authority on February 14. The Authority said the filing deadline could not be extended or waived. It dismissed the exceptions without considering the award's merits.
Internal Revenue Service, Brookhaven Service Center and National Treasury Employees Union, Chapter 99
Leave grievance survived promotion
An IRS employee grieved the denial of administrative leave for a snow day while she was in the bargaining unit. She became a supervisor before the arbitration hearing. The IRS argued that her promotion made the grievance ineligible for arbitration and union representation. The Authority held that…
United States Steel Corporation v. Secretary of Labor (MSHA)
Three truck brake violations upheld
MSHA cited U.S. Steel over defective truck brakes at its Keigley Quarry. At the hearing, MSHA moved to vacate one underlying citation, and Judge George A. Koutras granted that motion. He upheld the brake violation and imminent danger withdrawal order for the No. 7 water truck and found…
Matter of Arbelaez-Naranjo
Late appearance breached delivery bond
An obligor posted a $7,500 immigration bond requiring production of an alien for a scheduled hearing. The alien did not appear at the appointed time, did not appear later that day after arrangements were made, and appeared at the immigration court the following morning. The Regional Commissioner…
Secretary of Labor (MSHA) v. Mid-Continent Resources, Inc.
Two citations upheld and methane monitor maintenance charge vacated
MSHA charged Mid-Continent Resources with three violations involving a continuous mining machine at Dutch Creek No. 1 Mine. Judge John J. Morris found that its methane monitor failed to cut power to added lights and that an unqualified person installed an electrical switch box cover. He upheld…
Pennsylvania Electric Company
Coal-dust case remanded after late contest transmittal
OSHA issued Pennsylvania Electric Company a separate coal-dust citation after earlier safety citations, but the area office failed to transmit the company's notice of contest to the Commission for almost seven months. The judge treated the coal-dust citation as an invalid amendment of the earlier…
Union Boiler Company
Inadequately anchored railing violation affirmed
A removable steel railing gave way when an employee backed against it at a power plant, then fell 80 to 100 feet and struck two employees below, killing one and injuring the other. Physical evidence showed that only three of eight bolts held the railing and that it failed under far less than the…
Bethlehem Steel Corporation
Toxic-coating welding violation affirmed as nonserious
Bethlehem employees welded steel plates coated with an 80 percent zinc preservative inside tanker cargo spaces without air-line respirators or removal of the coating near the welds. The Commission held that the rule was a work-practice standard applying whenever welding was performed on a toxic…
StanBest, Incorporated
Flammable-liquid and spray-booth citations affirmed in part
StanBest manufactured fiberglass tubs and showers using acetone, resin, gel coat, and an organic peroxide in spray operations. The Commission rejected its challenge to the consensual OSHA inspection and held that its plant and spray booths were covered by the cited flammable-liquid and…
Blocksom and Company
Lockout, cord, and machine items affirmed in part
The Commission reviewed citations involving emergency respirator training, electrical grounding and cord splices, lockout procedures, and guarding on several machines at Blocksom's stuffing-material plant. It vacated the respirator-training item because the company no longer intended employees to…
United States Forces Korea, Eighth United States Army and National Federation of Federal Employees, Local 1363
Union discrimination remedy modified
The Army denied a union president's request to extend his overseas tour in Korea. The Judge found the stated career development reason pretextual and concluded that protected union activity drove the denial. The Authority agreed that the Army discriminated against the employee, but found the motive…
Social Security Administration, Field Assessment Office, Atlanta and American Federation of Government Employees
Ssa training change rescinded
The Social Security Administration assigned quality review specialists to conduct video based training at local offices without advance notice to the union. The Authority adopted the Judge's finding that the change had a reasonably foreseeable effect on unit employees and required notice and…
Department of the Navy, Portsmouth Naval Shipyard and Portsmouth Federal Employees Metal Trades Council
Shipyard ordered to arbitrate two grievances
Portsmouth Naval Shipyard refused to arbitrate two employees' grievances over reimbursement for after hours training. The Judge dismissed the complaint, reasoning that the grievances were excluded by the contract and that the union had not separately requested arbitration of that question. The…
National Federation of Federal Employees, Local 1745 and Veterans Administration Data Processing Center, Austin
Committee seat proposal rejected
The union proposed a seat on the Veterans Administration data center’s Position Management Committee. The Authority found the proposal materially equivalent to one it had already held to interfere with management rights under section 7106. It dismissed the petition on the merits.
Lynn Donovan v. Brown & Root, Inc.
Miner discrimination complaint dismissed
Lynn Donovan alleged that Brown & Root retaliated against him after he raised concerns about leaking fuel trucks and alleged drug use at a mine construction project. Judge George A. Koutras found insufficient credible evidence that management took action against Donovan because of protected safety…
Matter of Forstner
Oregon expungement did not erase narcotics conviction
The respondent had been found deportable after an Oregon narcotics conviction and later argued that an Oregon expungement eliminated the conviction for immigration purposes. The Board held that the Oregon expungement statute was not a state counterpart to the federal first-offender statute because…
Michigan Army National Guard and National Association of Government Employees, Local R8-22
Guard ordered to obey impasse panel
The Michigan Army National Guard refused to comply with an order of the Federal Service Impasses Panel. On summary judgment, the Judge found that refusal violated the federal labor relations statute. The Authority adopted his findings and ordered the Guard to comply with the Panel order, cooperate…
Overseas Education Association and Department of Defense Dependents Schools
Union discrimination remedy narrowed
A teachers’ union refused to help a represented employee obtain information about his grievance because he was not a union member. It also asked the agency to discipline him after he circulated a letter criticizing that refusal. The Authority upheld the Judge’s finding that both acts violated…
Social Security Administration and American Federation of Government Employees
Ssa schedule bargaining ordered
The Social Security Administration implemented and ended flexible or compressed work schedule experiments without bargaining with the national union. The Judge found unfair labor practices, and the Authority adopted his decision. It ordered bargaining on request and, if requested, termination or…
American Federation of Government Employees, Local 2 and Army Harry Diamond Laboratories
Late negotiability petition dismissed
The Army disapproved two provisions of an agreement and served its written notice on the union by certified mail. The union argued that the notice was an internal communication rather than a formal allegation of nonnegotiability. The Authority held that the notice was an allegation and that no…
American Federation of Government Employees, National Council of HUD Locals and Department of Housing and Urban Development
Late hud arbitration exceptions dismissed
The union challenged an arbitration award dated December 13, 1982. Its exceptions reached the Authority on January 13, one day after the filing deadline. The Authority said it could not extend or waive that deadline. It dismissed the exceptions without reaching the award’s merits.
Secretary of Labor, on behalf of William E. Fitzwater III v. Mettiki Coal Corporation
Discrimination found, relief order left open
William Fitzwater worked at Mettiki Coal's mine and made safety complaints about its operations. Judge Charles C. Moore, Jr. found that the company discharged him because of those complaints and because he refused to work in a dusty area without an approved mask. The judge said Fitzwater was…
Secretary of Labor (MSHA) v. Jim Walter Resources, Inc.
Improperly installed electrical component draws $2,000 penalty
MSHA cited Jim Walter Resources because a filter capacitor on electric face equipment at its No. 3 Mine was outside an explosion proof compartment. Judge Gary Melick found that the installation violated 30 C.F.R. § 75.503, a point the operator's electrical engineer conceded. He found the violation…
Roger Bentley v. Wampler Brothers Coal Co.
Discrimination complaint dismissed after absenteeism finding
Roof bolter Roger Bentley claimed Wampler Brothers Coal fired him because its foreman thought he had reported roof and rib hazards to MSHA. Judge George A. Koutras recognized that retaliation for suspected safety activity can violate the Mine Act, but found no credible evidence that the foreman…
Matter of Clarke
Age barred Barbados legitimation claims
A United States citizen petitioner sought preference status for three children born out of wedlock in Barbados. The District Director denied the visa petitions because the petitioner had never married their mother, and the Board considered whether later Barbados legislation changed their status…
Environmental Protection Agency, Region III and American Federation of Government Employees
Epa personnel unit clarified
The union asked whether three personnel clerks belonged in the EPA Region III bargaining unit. The Authority excluded one clerk because she worked confidentially for the labor relations officer. It included the other two because their duties were routine personnel paperwork and they did not work…
American Federation of Government Employees, Local 1361 and Department of the Air Force
Petition lacked specific proposal
The union sought bargaining with an Air Force activity, but the activity said a higher organizational element had bargaining authority. The union petitioned the Authority without submitting specific proposal language. The Authority held that it could not decide negotiability without a definite…
Kitt Energy Corporation v. Secretary of Labor (MSHA)
Unguarded machinery withdrawal order upheld by judge
MSHA charged Kitt Energy with inadequate guarding around a moving balance wheel and belt drive in its Kitt No. 1 Mine. Judge James A. Broderick found that miners could contact the moving parts. The operator knew the eccentric guard was missing and should have known the belt-drive guard was…
American Federation of Government Employees, Local 1482 and Marine Corps Logistics Base, Barstow
Job action plan petition premature
A Marine Corps union asked the activity to rescind a job action contingency plan and negotiate its contents. The union appealed after the activity called the request nonnegotiable. The Authority found that the union had submitted no specific proposed language. It dismissed the petition as premature…
AFGE Local 3400 and Health Care Financing Administration, Chicago Regional Office
AFGE reconsideration motion denied as late (FLRA O-NG-668)
AFGE Local 3400 sought reconsideration of an earlier order dismissing its negotiability petition over a canceled reduction in force. The earlier petition had sought a ruling on proposals for a situation that no longer existed. The Authority found that the motion for reconsideration was filed after…
American Federation of Government Employees, Council of Prison Locals and Department of Justice, Bureau of Prisons
Prison safety committee clause cleared
The Bureau of Prisons disapproved two contract provisions. The Authority held a required percentage of upward mobility placements outside the duty to bargain because it interfered with management assignment rights. It held that a proposed health and safety committee did not require a federally…
Internal Revenue Service, Louisville District and National Treasury Employees Union
Union steward reprimand unlawful
An IRS supervisor orally reprimanded a union steward for contacting the personnel officer about an employee’s workplace questions. The Judge found that the reprimand interfered with protected representative activity. The Authority adopted his findings and ordered the IRS to stop reprimanding…
Bureau of Government Financial Operations Headquarters and National Treasury Employees Union
Employee reassignment bargaining ordered
The bureau reassigned represented employees without first notifying the union or offering to bargain over implementation and effects. The Judge found a violation, and the Authority adopted his decision. It ordered advance notice and bargaining on request for future reassignments, along with a…
438th Air Base Group, McGuire Air Force Base and American Federation of Government Employees, Local 1778
Negative evaluation complaint dismissed
A union alleged that an Air Force base gave a mechanic negative supervisory potential evaluations because of his union work. The Judge credited management’s evidence about the employee’s performance and found retaliation unproved by a preponderance of the evidence. The Authority adopted that…
Federal Aviation Administration, Boston Air Route Traffic Control Center and Professional Air Traffic Controllers Organization, Local 202
Controller shift retaliation remedy upheld
A Boston air traffic control center restricted employee Andrew Ruoff’s voluntary shift swaps after an unfair labor practice charge was filed for him and he gave information to the Authority. The Judge found that the restriction was discriminatory, and the Authority adopted his decision after…
Naval Underwater Systems Center, Newport and Federal Union of Scientists and Engineers, NAGE Local R1-144
Supervisor vacancy complaint dismissed
The Navy introduced scoring factors for EEO experience when filling supervisory vacancies without notifying the union. The union alleged that the change required bargaining over its impact and implementation. The Authority held that procedures for filling supervisory posts did not concern…
General Services Administration, Administrative Services Division and American Federation of Government Employees, Council 236, Region 6
Late gsa arbitration exceptions dismissed
The GSA activity challenged an arbitration award dated December 13, 1982. Its exceptions reached the Authority on January 14, two days after the deadline. The Authority said that the deadline could not be extended or waived. It dismissed the exceptions without reviewing the award’s merits.
Department of the Army, U.S. Army Armament Research and Development Command and National Federation of Federal Employees, Local 1437
Army Armament Research and Development Command and NFFE Local 1437 (FLRA O-AR-499): Arbitration exceptions dismissed as late
NFFE Local 1437 challenged an arbitration award involving the Army Armament Research and Development Command. The arbitrator's award was dated December 6, 1982, so the Authority calculated that exceptions had to reach its national office by January 4, 1983. The union's exceptions arrived on January…
Fleet Combat Training Center, Pacific and American Federation of Government Employees, Local 3723 and John R. Jay
Grievant lacked standing to appeal award
Employee John Jay filed exceptions to an arbitration award involving the Navy training center and the union. The Authority held that its rules allowed a party to the arbitration to file exceptions. Because the activity and union were the parties and Jay had not participated as a party, it dismissed…
International Federation of Professional and Technical Engineers, Local 28 and NASA Lewis Research Center
Late nasa arbitration exceptions dismissed
The union challenged an arbitration award dated November 23, 1982. Its exceptions arrived on January 4, after the December 22 deadline. The union said the award had been mailed later, but the Authority explained that even using the mailing date would make the filing one day late. It dismissed the…
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.