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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Secretary of Labor (MSHA) v. Amax Chemical Corporation
Dust penalty cases dismissed after MSHA withdrew citations
MSHA had cited Amax Chemical Corporation for alleged excessive dust exposure at its mine and mill under 30 C.F.R. § 57.5-5. The Secretary moved to dismiss the two penalty complaints after MSHA vacated the citations under an agency policy memorandum. The United Steelworkers, which represented miners…
American Federation of Government Employees, Local 1900 and Department of the Army, Headquarters, 76th Division (Training)
Army division technician conversion proposals rejected (FLRA O-NG-76)
The Army’s 76th Division tested replacing civilian technician vacancies with active duty military positions. AFGE Local 1900 offered ten proposals in response. Six became moot when the test ended. The Authority found the other four outside the duty to bargain because they would guarantee civilian…
National Federation of Federal Employees, Local 1671 and Arkansas Army National Guard
Arkansas Guard technician conversion proposal rejected (FLRA O-NG-72)
The Arkansas Army National Guard planned to fill some vacancies with active duty military personnel instead of civilian technicians. NFFE Local 1671 proposed limits on converting specified technician vacancies. The Authority found that the proposal would prevent the Guard from deciding which…
National Treasury Employees Union and Department of Health and Human Services, Region II
NTEU and HHS Region II: geographic reduction-in-force areas negotiable (FLRA O-NG-615)
NTEU proposed separate competitive areas for New York and New Jersey, Puerto Rico, and the Virgin Islands during reductions in force at HHS Region II. HHS argued that its personnel manual barred negotiation over the proposed areas. The Authority said the proposal and arguments materially matched…
National Treasury Employees Union and Department of Health and Human Services, Food and Drug Administration, Region VII
NTEU and FDA Region VII: Kansas City competitive area negotiable (FLRA O-NG-609)
NTEU proposed grouping positions under the HHS principal regional official within the Kansas City commuting area into one competitive area for reductions in force. HHS asserted that its personnel manual prevented bargaining, but filed no statement of position in this case. The Authority found the…
National Treasury Employees Union and Department of Health and Human Services, Region IV
NTEU and HHS Region IV: two reduction-in-force proposals negotiable (FLRA O-NG-573)
NTEU proposed one competitive area for employees under the HHS regional official in the Atlanta commuting area, plus a pause in a reduction in force while the Authority resolved a dispute over negotiability based on an agency regulation. HHS said its personnel manual required separate competitive…
National Treasury Employees Union and NTEU Chapter 72 and Internal Revenue Service, Austin Service Center
NTEU Chapter 72 and IRS Austin Service Center (FLRA O-NG-54): One performance proposal negotiable, one rejected
NTEU Chapter 72 proposed two performance measures for employees at the IRS Austin Service Center. The first would make output at 80 percent of the current peer group rate evidence of satisfactory performance for within-grade increases and grade retention. The Authority held that it would restrict…
American Federation of Government Employees and General Services Administration
AFGE and GSA: bargaining over reduction-in-force areas required (FLRA O-NG-521)
AFGE proposed bargaining over the competitive areas GSA would use if it conducted a reduction in force. The Authority said federal personnel rules left agencies discretion to set such areas within regulatory limits. Because the proposal required negotiation but did not require GSA to accept an…
American Federation of Government Employees and Headquarters, Air Force Logistics Command, Wright-Patterson Air Force Base
Air Force promotion proposals split (FLRA O-NG-378)
AFGE sought to negotiate promotion procedures at the Air Force Logistics Command. The Authority rejected the agency’s argument that the petition was late. It found Proposals 1 and 3 negotiable because the agency had not shown that an internal rule with a compelling need barred them. Proposal 4…
National Treasury Employees Union, Chapters 153, 161 and 183 and U.S. Customs Service, Region II
Customs promotion plans negotiable, performance standard rejected (FLRA O-NG-29)
NTEU chapters proposed three measures concerning Customs Service positions. Two would create crediting plans to rank qualified promotion candidates. The Authority held those plans negotiable because management retained the right to set job qualifications and select from appropriate candidates. The…
National Treasury Employees Union and U.S. Customs Service, Washington, D.C.
Customs hiring plan partly negotiable (FLRA O-NG-250)
NTEU proposed a crediting plan for ranking candidates for bargaining unit positions at the Customs Service. The Authority found that management retained the ability to set job requirements and select from qualified candidates, so most of the plan could be negotiated. But parts of two sections would…
American Federation of Government Employees, Local 2375 and 79th United States Army Reserve Command, Willow Grove, Pennsylvania
Army Reserve civilian conversion proposals rejected (FLRA O-NG-102)
The 79th Army Reserve Command tested a program replacing some civilian technician positions with active duty military positions. AFGE Local 2375 challenged the program with ten proposals. Six addressed a test that had already ended and were moot. The Authority ruled that the four remaining…
American Federation of Government Employees, Local 3896 and U.S. Department of Education, Region V
AFGE Local 3896 and Education Region V: late arbitration exceptions dismissed (FLRA O-AR-502)
AFGE Local 3896 challenged an arbitration award involving the Department of Education, Region V. The award was dated December 14, 1982, making January 12, 1983 the last day for the exceptions to reach the Authority. The union filed them on January 14. The Authority said it could not extend or waive…
Veterans Administration Hospital, Lebanon, Pennsylvania and American Federation of Government Employees, Local 1966
VA physician duty assignment award set aside (FLRA O-AR-259)
An arbitrator found that the Lebanon VA hospital treated physicians unfairly by assigning medical officer and on-call duties to doctors at the main center while excusing doctors stationed at its Harrisburg clinic. The arbitrator ordered the practice to stop. On the hospital’s exceptions, the…
United States Marine Corps, Nonappropriated Fund Instrumentalities and American Federation of Government Employees, Local 1786
Marine Corps retail supervisors excluded from unit (FLRA 3-CU-96)
The Marine Corps sought to clarify whether retail and customer service supervisors belonged in AFGE Local 1786’s bargaining unit at its nonappropriated fund activities. The Authority found that the listed employees assigned and directed work, effectively recommended hiring and promotions, and…
Providence Veterans Administration Medical Center and Laborers International Union of North America, Health Care Division, Local 1056
Providence VA professional unit petition dismissed (FLRA 1-RO-39)
LIUNA Local 1056 sought an election among general schedule professional employees at the Providence VA Medical Center, excluding Title 38 professionals. The Authority found that the two groups performed similar work, served together on treatment teams, and shared supervision and working conditions…
U.S. Army Materials and Mechanics Research Center and American Federation of Government Employees, Local 3176
Army research center bargaining unit clarified (FLRA 1-CU-30)
The Army research center and AFGE Local 3176 jointly asked the Authority to classify disputed professional positions in an existing bargaining unit. The Authority excluded 20 incumbents whose duties and independent judgment made them supervisors. It kept two other employees and the listed research…
Walter Joe Blanc v. Brown & Root, Inc.
Safety inspector's discrimination complaint dismissed
Walter Joe Blanc alleged that Brown & Root fired him for enforcing safety requirements while working as a safety inspector at a mine construction project. Judge John J. Morris held that a safety inspector's good faith safety complaints can receive Mine Act protection. He found, however, that the…
American Federation of Government Employees, Local 3742 and Department of the Army, Headquarters, 98th Division (Training)
Army division civilian conversion proposals rejected (FLRA O-NG-68)
The Army’s 98th Division tested converting civilian technician vacancies to active duty military positions. AFGE Local 3742 submitted nine proposals in response. Four concerned the completed test and were moot. The Authority held the remaining five outside the duty to bargain because they would…
National Electro-Coatings
Settlement agreement approved
The Secretary and National Electro-Coatings submitted a settlement agreement. The Commission approved the agreement. The official order does not state the citation terms, standards, or penalty disposition.
Federal Clearing Die Casting Company
Commission fee application dismissed during court review
Federal Clearing Die Casting sought attorney fees from the Commission after a judge suppressed OSHA inspection evidence and dismissed the citations. By that time, the Secretary had already petitioned the court of appeals to review the Commission order. The Commission held that the Equal Access to…
RSR Corporation
Willful lead-benefit violations affirmed
These consolidated cases address medical removal protection benefits, employee terminations, lead-exposure records, and removal from excessive lead exposure at RSR facilities. The Commission held that depositing wages in escrow did not satisfy the lead standard because removed employees had to…
Con Agra, Inc., McMillan Company Division
Pesticide-testing case remanded
Con Agra employees entered grain railcars and sniffed grain samples, but the company tested for pesticides only when a car had a fumigation placard or detectable odor. The evidence showed that placards could be missing and that methyl bromide has no detectable odor, while other pesticide odors may…
Brabham-Parker Lumber Company
Noise and hearing-program items remanded
The Commission vacated the judge's ruling on Brabham-Parker Lumber Company's alleged failure to use feasible noise controls because an intervening decision replaced the prior cost-benefit test with an achievable-controls test. It remanded for new evidence and reconsideration of technological and…
Pabst Brewing Company
Noise-control case remanded under new feasibility test
The two-member majority vacated the judge's ruling on Pabst Brewing Company's alleged failure to use feasible noise controls because an intervening decision replaced the prior cost-benefit test with an achievable-controls test. It remanded for additional evidence and reconsideration of…
Secretary of Labor (MSHA) v. Minerals Exploration Company
Dozer brake citation vacated for lack of proof
MSHA cited Minerals Exploration Company for allegedly inadequate brakes on a rubber tired dozer at its Sweetwater Uranium Project. Judge Gary Melick found that the inspector used his own brake tests without showing how they related to the recognized procedures for this equipment. He held that the…
William A. Haro v. Magma Copper Company
Late petition for Commission review dismissed
William Haro sought Commission review of a November 1, 1982, judge's decision in his case against Magma Copper. His petition was received on December 27, after both the 30-day petition period and the 40-day period for the judge's decision to become final. The Commission treated Haro's explanation…
Secretary of Labor (MSHA) v. A. H. Smith Stone Company
Oil drum cutting violation and $1,000 penalty affirmed
A miner died after an oil drum exploded while he cut it with a torch at A. H. Smith Stone Company's crushed stone operation. The drum had not been purged of flammable residue as required by 30 C.F.R. § 56.4-35. The Commission affirmed the judge's violation finding even though the operator said it…
National Federation of Federal Employees, Local 1380 and Naval Coastal Systems Center, Panama City, Florida
Navy callback pay proposal rejected (FLRA O-NG-519)
NFFE Local 1380 proposed that employees called back outside their normal shift receive at least four hours of pay and perform only work connected to the emergency. The Authority held the pay guarantee outside the duty to bargain because the applicable rules allowed at most two hours of callback…
National Federation of Federal Employees, Local 15 and Department of the Army, Rock Island Arsenal
Rock Island promotion area limits rejected (FLRA O-NG-307)
NFFE Local 15 proposed limits on how the Rock Island Arsenal would expand the area from which it considered candidates for promotion and placement. The Authority read the disputed provisions as normally stopping expansion once an initial area produced three to five highly qualified candidates. It…
Department of the Army, Headquarters, Fort Huachuca and American Federation of Government Employees, Local 1662
Fort Huachuca bargaining unit split by supervisory duties (FLRA 8-CU-19)
The Army and AFGE Local 1662 sought clarification of the bargaining unit status of about 43 Fort Huachuca employees. The Authority excluded team leaders who directed civilian subordinates and made effective personnel recommendations with independent judgment. It retained Leonard Mistretta and Clyde…
U.S. Army Patriot Project Office, Redstone Arsenal and American Federation of Government Employees, Local 1858
Patriot Project Office election ordered (FLRA 4-RO-81)
AFGE Local 1858 sought an election to represent employees of the Army’s Patriot Project Office. The Authority accepted the stipulated bargaining unit and resolved disputes over who could vote. It included a budget analyst whose work did not make the employee confidential and professionals who…
Veterans Administration Medical Center, Salisbury, North Carolina and American Federation of Government Employees
VA personnel assistant and head nurses excluded (FLRA 4-CU-45)
AFGE asked the Authority to clarify whether a personnel assistant and 19 head nurses belonged in VA bargaining units at Salisbury. The Authority found that Sandra Oliphant performed substantive federal personnel work, including workers’ compensation and retirement administration, so she was…
Atlanta Center Professional Air Traffic Controllers Organization, Local 101 and Federal Aviation Administration, Atlanta Air Route Traffic Control Center
PATCO complaint dismissed as moot (FLRA 4-CO-15)
An Administrative Law Judge found that the Atlanta PATCO local had committed the unfair labor practices alleged by the FAA and recommended relief. While exceptions were pending, the Authority separately revoked PATCO’s exclusive recognition after finding prohibited strike activity and held it was…
U.S. Army Materiel Development and Readiness Command and National Association of Government Employees
Army command unit consolidation denied (FLRA 3-UC-18)
NAGE asked to combine 13 bargaining units across nine installations of the Army Materiel Development and Readiness Command. The Army opposed the petition, pointing to differing missions and local management. The Authority found that the proposed unit covered only a small, scattered part of the…
U.S. Coast Guard Headquarters and American Federation of Government Employees, Local 3313
Coast Guard engineer retained in bargaining unit (FLRA 3-CU-90)
AFGE Local 3313 asked whether Coast Guard electronics engineer John Carros remained in its bargaining unit. The Coast Guard called him a supervisor or management official. The Authority found that he led technical projects but had no employees directly assigned to him and did not exercise…
Professional Air Traffic Controllers Organization, Local 246 and Federal Aviation Administration, Philadelphia Air Traffic Control Tower
PATCO complaint dismissed as moot (FLRA 2-CO-32)
An Administrative Law Judge found the Philadelphia PATCO local had committed unfair labor practices and recommended a remedy. Before the Authority decided the local’s exceptions, it separately revoked PATCO’s recognition after finding prohibited strike activity and held that PATCO was no longer a…
Joseph W. Herman v. Imco Services
Reconsideration of untimely complaint dismissal denied
The Commission had affirmed dismissal of Joseph Herman's discrimination complaint as untimely in December 1982. Herman then submitted a document that the Commission treated as a request to reconsider that decision. The Commission found no merit in the request and denied it. It also said that a…
American Federation of Government Employees, Local 1581 and Social Security Administration
Parking negotiability petition dismissed after agency withdrawal (FLRA O-NG-696)
AFGE Local 1581 appealed a Social Security Administration claim that its free-parking proposal conflicted with agency and government-wide rules. The agency later withdrew its allegation of nonnegotiability. With no dispute left for it to decide, the Authority dismissed the petition. It did not rule…
American Federation of Government Employees, Local 2024 and Portsmouth Naval Shipyard
Former employees’ reemployment pay proposal negotiable (FLRA O-NG-493)
AFGE Local 2024 proposed fair and reasonable pay setting when former Portsmouth Naval Shipyard employees returned to bargaining unit positions. The Navy argued the proposal concerned people outside the current unit. The Authority found that it would benefit former employees only if they returned to…
American Federation of Government Employees, Local 3748 and Department of Agriculture, Science and Education Administration
Union telephone access for bargaining held negotiable (FLRA O-NG-491)
AFGE Local 3748 proposed using the Agriculture Department’s federal telephone system for official collective bargaining negotiations. The agency argued that union use would violate rules limiting the system to official business. The Authority found that union negotiators on statutory official time…
International Organization of Masters, Mates, and Pilots and Panama Canal Commission
Panama Canal pilot contract disapproval partly set aside (FLRA O-NG-422)
The Panama Canal Commission disapproved six negotiated contract provisions concerning pilot work and agreement procedures. The Authority rejected the agency’s objections to the agreement anniversary date and a stay while a grievance proceeded, ordering disapproval of those two provisions rescinded…
Secretary of Labor (MSHA) v. United States Steel Corporation
Berm rule upheld and citation remanded
MSHA cited U.S. Steel over berms and a dislodged guard along an elevated road at its No. 32 Mine. The judge vacated the citation after finding the berm standard too vague to enforce. The Commission reversed, holding that 30 C.F.R. § 77.1605(k) can be applied by asking what a reasonably prudent…
U.S. Army Training and Doctrine Command and National Association of Government Employees
Army training command consolidation petition dismissed (FLRA 3-UC-21)
NAGE sought to combine 11 bargaining units across five Army Training and Doctrine Command installations. The Authority found the proposal covered only part of the command’s workforce and grouped employees with different jobs and local conditions. Some similarly situated employees were omitted, and…
Zapata Ugland Drilling, Inc.
Settlement agreement approved
The Secretary and Zapata Ugland Drilling submitted a stipulation and settlement agreement. The Commission approved the agreement. The official order does not state the citation terms, standards, or penalty disposition.
Secretary of Labor, on behalf of Arnold J. Sparks, Jr. v. Allied Chemical Corporation
Walkaround pay discrimination ruling reinstated
After a court decision and a Commission remand, Judge Joseph B. Kennedy returned to a discrimination case involving Allied Chemical's refusal to pay a miner representative for walkaround time. The Secretary did not oppose reinstating the judge's earlier discrimination finding. The operator had…
Secretary of Labor, on behalf of Ray and Dennis Gann v. Asarco, Incorporated
Walkaround incentive pay ordered
Ray and Dennis Gann accompanied an MSHA inspector at Asarco's Young Mine and received their hourly pay, but not the incentive bonus they would have earned while drilling and blasting. On stipulated facts, Judge Charles C. Moore, Jr. held that this was a loss of pay during inspection participation…
Eve, Inc.
Settlement and dismissal approved on reconsideration
The parties submitted a stipulation settlement agreement and notice of dismissal. Upon reconsideration, the Commission approved them. The official order does not state the citation terms, standards, or penalty disposition.
Climax Molybdenum Company, a Division of Amax, Inc. v. Secretary of Labor (MSHA)
Climax Molybdenum Company v. Secretary of Labor (MSHA) (FMSHRC WEST 82-87-RM): Smoking warning sign citations vacated
MSHA cited Climax Molybdenum Company for failing to post signs warning that smoking could increase the health risk from radon daughter exposure at its underground mine. Judge John A. Carlson held that the general warning sign rule, 30 C.F.R. § 57.20-11, did not fairly tell the operator to warn…
Metal-Fab, Inc.
Recordkeeping and press-guarding settlement approved
The Secretary withdrew the request to classify three mechanical-power-press guarding violations as willful and accepted the judge's serious classification. Metal-Fab withdrew its contest to an injury-recordkeeping item and agreed that the judge's vacation of that item should be set aside. The…
American Federation of Government Employees, Local 3896 and U.S. Department of Education, Region V
Education arbitration exceptions dismissed as late (FLRA O-AR-488)
AFGE Local 3896 challenged an arbitration award involving the Department of Education, Region V. The award was dated November 16, 1982, so exceptions had to reach the Authority by December 15. The union filed them on December 16. The Authority said it could not extend or waive the statutory…
Veterans Administration Medical Center and American Federation of Government Employees, Local 2384
Grievant’s arbitration exceptions dismissed for lack of party status (FLRA O-AR-487)
A VA employee tried to challenge an arbitration award in a grievance involving his medical center and AFGE Local 2384. The Authority found that the union and the agency, rather than the employee, had participated as parties before the arbitrator. Its rules allowed a party to the arbitration to file…
Matter of Sibria
Continuance and asylum claims failed for lack of prejudice and proof
The Board considered a Haitian applicant's appeal after an immigration judge found him excludable for lacking a valid immigrant visa and denied his asylum application. The Board held that a request for more preparation time must identify a diligent effort to be ready, specific additional evidence…
U.S. Department of Justice, Immigration and Naturalization Service, Southern Region, El Paso and American Federation of Government Employees
INS bargaining order revised over detention policy (FLRA 6-CA-294)
The El Paso INS detention center changed its practice for transferring disruptive detainees to a county jail, requiring higher approval before transfer to control spending. An Administrative Law Judge found that INS failed to notify and bargain with the union over the effects and implementation of…
Adjutant General of Michigan, Air National Guard and Michigan State Council, Association of Civilian Technicians
Two Michigan Guard technicians excluded as supervisors (FLRA 5-CU-33)
The Michigan Air National Guard sought to exclude six technicians from a bargaining unit as supervisors. The Authority found that Mark Harris and David Webb directed civilian work with independent judgment and excluded them. It retained William Humphreys, who did not exercise supervisory authority…
Department of Labor, Office of Workers’ Compensation Programs, Branch of Special Claims and Stephanie E. Garland
DOL union notice and steward violations upheld (FLRA 3-CA-2180)
An Administrative Law Judge found that the Labor Department’s Branch of Special Claims improperly removed union notices from bulletin boards and told newly appointed stewards they could not serve until management received notice through its labor relations office. The agency argued on exceptions…
Internal Revenue Service and National Treasury Employees Union
IRS interviews required union presence, bypass claim rejected (FLRA 3-CA-1458)
The IRS interviewed about 31 bargaining unit clerks while studying managers’ duties and possible changes in clerical work. NTEU asked to attend, but the IRS denied the request. On a stipulated record, the Authority found the mandatory, planned interviews were formal discussions about general…
Charles J. Frazier v. Morrison-Knudsen, Inc.
Safety supervisor's discrimination complaint dismissed
Charles Frazier, a safety specialist at Morrison-Knudsen's coal mine, claimed his shift assignment and discharge were retaliation for safety activity. Judge John J. Morris held that a management safety specialist working at a mine could receive Mine Act discrimination protection and that Frazier's…
Department of the Army, 83rd United States Army Reserve Command and American Federation of Government Employees, Council of Locals No. 213 and Local 3158
Army ordered to proceed with termination grievance arbitration (FLRA 5-CA-997)
The Army Reserve Command refused to attend arbitration of an employee termination grievance after the arbitrator decided to hear arbitrability and the merits on the same day. The Authority decided the transferred case on a stipulated record. It held that the Army could not refuse to participate in…
Department of Health and Human Services, Office of the Secretary and American Federation of Government Employees
HHS unit consolidation denied after remand (FLRA 22-09477(UC))
A district court directed the Authority to reopen AFGE’s petition to consolidate HHS employee units after a federal reorganization. On remand, the Authority examined both the proposed unit and a smaller alternative. It found that employees across the selected regions lacked common supervision…
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.