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

AFGE Interdepartmental Local 3723 and Department of the Navy, Navy Exchange, Naval Station San Diego

AFGE Local 3723 and Navy Exchange (FLRA 8-CO-6): union complaint dismissed

The Navy Exchange filed a grievance against AFGE Local 3723, but the union refused to refer it to arbitration because it disputed management's right to grieve. An Administrative Law Judge found that refusal to be an unfair labor practice. The Authority disagreed, reasoning that the Navy Exchange…

February 4, 1982 ·FLRA
Set aside
COMM

Harry S. Truman Memorial Veterans Hospital and AFGE Local 3399

Truman Veterans Hospital and AFGE Local 3399 (FLRA 7-CA-118): conflict-of-interest complaint dismissed

A part-time equal employment opportunity counselor at the Truman Veterans Hospital also served as vice-president of AFGE Local 3399. The hospital told her it might ask her to leave the counselor role if she performed specified union duties that created a conflict of interest. The union alleged that…

February 4, 1982 ·FLRA
Set aside
COMM

Army Materiel Readiness Support Activity and Army Central Test Measurement Diagnostic Equipment Activity and AFGE Local 894

Army Lexington activities and AFGE Local 894 (FLRA 4-CU-22): two team leaders excluded from unit

Two Army activities in Lexington, Kentucky sought to exclude 15 team leaders from AFGE Local 894's bargaining unit as supervisors or management officials. The Authority found that William C. Dates and Gayle H. Rees effectively exercised supervisory powers and removed them from the unit. It kept the…

February 4, 1982 ·FLRA
Other
COMM

Department of the Navy, U.S. Marine Corps and American Federation of Government Employees

Marine Corps (FLRA 3-UC-10): Authority approves consolidated bargaining unit and directs election

AFGE sought to consolidate 22 bargaining units of civilian Marine Corps employees into one unit. The Marine Corps argued that the installations' different functions, locations, and local labor relations made consolidation inappropriate. The Authority found a shared mission, overlapping work, common…

February 4, 1982 ·FLRA
Other
COMM

National Treasury Employees Union Chapter 70 and Internal Revenue Service, Atlanta Service Center

NTEU Chapter 70 and IRS Atlanta (FLRA 0-NG-354): mixed ruling on carpool proposals

NTEU Chapter 70 proposed five terms concerning a carpool program at the IRS Atlanta Service Center. The Authority held that three reserved-parking proposals conflicted with government-wide parking priority rules and were outside the duty to bargain. It dismissed a proposal about alternate work or…

February 4, 1982 ·FLRA
Mixed result
COMM

National Treasury Employees Union and Internal Revenue Service

NTEU and IRS (FLRA 0-NG-331): performance data verification proposals negotiable

The IRS planned to collect work measurement and telephone performance data through two systems. NTEU proposed that evaluative conclusions from those statistics be supported by other evidence, such as observation of employee behavior. The Authority read the proposals as requiring confirmation of the…

February 4, 1982 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 3098 and Indiana Air National Guard

AFGE Local 3098 and Indiana Air National Guard (FLRA 0-NG-301): grievance proposals partly negotiable

AFGE Local 3098 proposed employee appeal and grievance options and a stay of personnel actions while a grievance or arbitration was pending. The Authority held that National Guard technicians' adverse action appeals could fall within a negotiated grievance procedure. It rejected the part that would…

February 4, 1982 ·FLRA
Mixed result
COMM

International Association of Fire Fighters, Local F-109 and Department of the Army, Carlisle Barracks

Fire Fighters Local F-109 and Carlisle Barracks (FLRA 0-NG-298): work assignment proposal rejected

Fire Fighters Local F-109 proposed limits on assignments at the Army's Carlisle Barracks. The proposal tied work to fire department functions and job classifications, required rotation of certain temporary assignments, and barred assigning firefighters specified maintenance and snow removal tasks…

February 4, 1982 ·FLRA
Upheld
COMM

National Treasury Employees Union and U.S. Customs Service

NTEU and Customs Service (FLRA 0-NG-281): disputed uniform, identity, and grievance terms outside duty to bargain

NTEU challenged the Customs Service's refusal to bargain over parts of three proposals concerning hats, disclosure of employees' names to the public, and statutory appeals of grievances. The Authority found the disputed hat and name provisions concerned the means of performing law enforcement work…

February 4, 1982 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1533 and Naval Supply Center Oakland

AFGE Local 1533 and Naval Supply Center Oakland (FLRA 0-NG-263): repromotion proposal rejected

AFGE Local 1533 proposed that employees affected by a reduction in force be repromoted in retention order as vacancies arose at the Naval Supply Center in Oakland. The agency argued that the proposal would restrict its right to select employees for appointments. The Authority agreed that the…

February 4, 1982 ·FLRA
Upheld
ALJ

Olga Coal Company

Coal accumulation citation upheld with $1,200 penalty

MSHA cited Olga Coal Company for loose coal and coal fines along an active shuttle car road at its Olga Mine. Judge George A. Koutras found that the accumulations extended about 200 feet and took roughly 11 hours to remove. He rejected the company's argument that it should have been allowed more…

February 3, 1982 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Youngstown Mines Corp.

Coal accumulation citation upheld with $1,000 penalty

MSHA cited Youngstown Mines Corp. for coal, coal dust, grease, and oil accumulated inside a continuous miner at its DeHue Mine. The company argued that a broken hydraulic hose had taken the machine out of service and workers were cleaning it when the inspector arrived. Judge George A. Koutras…

February 3, 1982 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor on behalf of John Griffin v. Peabody Coal Company

Discrimination complaint dismissed

Peabody Coal Company suspended repairman John Griffin for three days after he refused an order to turn on power to a continuous miner. Griffin claimed that airborne rock dust made the task unsafe and that the suspension punished protected safety activity. Judge James A. Broderick found that dust…

February 3, 1982 ·James A. Broderick ·FMSHRC
Other
ALJ

Ernie Brock

Individual penalty case dismissed after delayed filing

MSHA sought a $300 individual civil penalty against Ernie Brock, a former foreman at Peabody Coal Company's Ken No. 4 North Mine, under section 110(c) of the Mine Act. The underlying citation concerned roof conditions; the proposal named 30 C.F.R. § 75.200, while the attached citation showed a…

February 3, 1982 ·George A. Koutras ·FMSHRC
Procedural
COMM

Matter of Hann

Foreign divorce was not final at remarriage

The Board reviewed a certified visa petition filed by a United States citizen for his spouse. The petitioner obtained a divorce judgment in the Dominican Republic on December 7, 1979, but the divorce was pronounced and registered on February 9, 1980, after he married the beneficiary in Japan on…

February 3, 1982 ·BIA
Affirmed
ALJ

Colorado Westmoreland, Inc.

Roof-control citations vacated

MSHA cited Colorado Westmoreland, Inc. twice for alleged violations of the roof control plan at its Orchard Valley coal mine, and attached a withdrawal order to the second citation. The first citation concerned a widened entry with unsupported roof, while the second alleged that roof bolters worked…

February 2, 1982 ·John A. Carlson ·FMSHRC
Citations vacated
ALJ

Massey Sand and Rock Company

Access citation upheld, penalty cut to $500

MSHA cited Massey Sand and Rock Company for failing to provide safe access to a conveyor head pulley at its Indio Pit and Mill. A worker climbed the conveyor to grease the pulley, and the belt started, throwing him into a silo. Judge John J. Morris rejected Massey's argument that the safe-access…

February 2, 1982 ·John J. Morris ·FMSHRC
Modified
ALJ

Sierra Blanca Milling & Processing Co.

Five citations upheld, three vacated

MSHA cited Sierra Blanca Milling & Processing Co. for eight alleged violations at a developing mill site. The company said it had subleased the property to other companies and contested all eight citations, although MSHA had treated only one as contested. Judge Jon D. Boltz held that the company's…

February 2, 1982 ·Jon D. Boltz ·FMSHRC
Mixed result
COMM

National Treasury Employees Union and Department of Health and Human Services, Region X

NTEU and HHS Region X (FLRA O-NG-371): experience factor proposals too indefinite for review

NTEU proposed bargaining with HHS Region X over experience factors and their weights for rating and ranking employees. The Authority found that neither proposal identified the particular factors or weights to be negotiated. It held the proposals too general to support a negotiability decision and…

January 29, 1982 ·FLRA
Procedural
COMM

National Treasury Employees Union and U.S. Customs Service

NTEU and Customs Service (FLRA O-NG-370): training center bargaining dispute dismissed without prejudice

NTEU proposed terms for Customs Service employees assigned to a federal law enforcement training center. The parties disputed whether Customs officials controlled conditions at the center enough to create a duty to bargain. The Authority found that the immediate issue was the agency's bargaining…

January 29, 1982 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1858 and U.S. Army Missile Command

AFGE Local 1858 and Army Missile Command (FLRA O-NG-358): performance appraisal terms partly negotiable

AFGE Local 1858 proposed terms for performance appraisals at the Army Missile Command. The Authority held that requiring critical elements to follow grade controlling factors and bargaining to impasse over performance measures would interfere with management's rights. It also rejected arbitral…

January 29, 1982 ·FLRA
Mixed result
COMM

National Treasury Employees Union and Department of Health and Human Services, Region X

NTEU and HHS Region X (FLRA O-NG-336): general promotion proposals dismissed as too indefinite

NTEU proposed bargaining over experience factors, their weights, performance appraisal factors, and a personnel form used in merit promotions at HHS Region X. The Authority found that the proposals did not identify the particular factors, methods, forms, or weights at issue. It held them too…

January 29, 1982 ·FLRA
Procedural
COMM

American Federation of Government Employees, National Council of Social Security Payment Center Locals and Social Security Administration

AFGE and Social Security Administration (FLRA O-NG-297): one work assignment proposal negotiable

The Social Security Administration assigned claims cases to authorizers using the last two digits of claimants' Social Security numbers. AFGE proposed terms governing assignments, employee evaluations, and audits under the new method. The Authority found that a requirement to assign digit ranges…

January 29, 1982 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 2094 and Veterans Administration Medical Center, New York

AFGE Local 2094 and VA Medical Center (FLRA O-AR-328): arbitration exceptions one day late

AFGE Local 2094 challenged an arbitrator's award concerning the Veterans Administration Medical Center in New York. The award was dated November 30, 1981, so the exceptions were due by December 29 under the then applicable 30-day filing rule. The Authority received the exceptions on December 30. It…

January 29, 1982 ·FLRA
Procedural
COMM

Bremerton Metal Trades Council, United Association, Local 631 and Puget Sound Naval Shipyard

Bremerton Metal Trades Council (FLRA O-AR-320): arbitration exceptions filed late

Bremerton Metal Trades Council, United Association Local 631, filed exceptions to an arbitrator's award concerning Puget Sound Naval Shipyard. The award was dated September 21, 1981, making the exceptions due by October 20 under the then applicable 30-day rule. The Authority received them on…

January 29, 1982 ·FLRA
Procedural
COMM

Veterans Administration Medical Center, New York and American Federation of Government Employees, Local 2094

VA Medical Center in New York (FLRA O-AR-238): removal award beyond Authority review

An arbitrator found that a Veterans Administration medical center did not violate its agreement by removing an employee for absence without leave. AFGE Local 2094 filed exceptions to the award with the Authority. The Authority held that 5 U.S.C. § 7122(a) excludes removal awards from its…

January 29, 1982 ·FLRA
Procedural
COMM

Community Services Administration and National Council of CSA Locals, American Federation of Government Employees

Community Services Administration (FLRA O-AR-181): career mobility award appeal moot after agency closure

An arbitrator ordered the Community Services Administration to reserve a percentage of positions for career mobility opportunities, and the agency filed an exception. The agency then closed under a federal budget law and asked the Authority to dismiss the appeal as moot. The Authority agreed that…

January 29, 1982 ·FLRA
Procedural
COMM

Better Baked Foods, Inc.

Notice-of-contest dismissal set aside

A chief administrative law judge dismissed Better Baked Foods' notice of contest after the company failed to prove it had posted the notice and did not respond to a show-cause order. The company's general manager later said a mail clerk had signed for the order but management never saw it, and he…

January 29, 1982 ·OSHRC
Remanded
COMM

General Services Administration, Region 9 and American Federation of Government Employees, Local 3723

GSA Region 9 (FLRA 8-CA-790): stipulated dispute returned for regional settlement action

An unfair labor practice case involving GSA Region 9 and AFGE Local 3723 had been transferred to the Authority on the parties' stipulation. After the parties agreed to settle, counsel for the Authority's General Counsel asked that the case be returned to Region 8. The Authority granted that request…

January 29, 1982 ·FLRA
Remanded
COMM

S. Zara & Sons Contracting Co.

Fatal excavation violation found willful

A Zara employee was killed when an inadequately protected, approximately seventeen-foot-deep manhole excavation collapsed and a broken water main flooded it. Zara had extensive sewer-construction experience, trained supervisors, several prior trenching citations, and repeated warnings, yet its rule…

January 29, 1982 ·OSHRC
Citations affirmed
COMM

American Can Company

Noise standard upheld and cases remanded

OSHA alleged that American Can exposed employees to excessive noise without feasible engineering or administrative controls and, in one case, without an effective hearing conservation program. American Can argued that the federal noise standard was invalid because OSHA did not adopt scope and…

January 29, 1982 ·OSHRC
Remanded
COMM

Edward Kelly & Sons, Inc.

Layered-soil trench citation vacated

Edward Kelly & Sons sloped the upper seven feet of soft soil in a twelve-foot trench but left the bottom five feet of hard, compact clay vertical. The Commission read the soft-soil trenching rule together with the rule for hard or compact soil. Because the trench wall had distinct layers and the…

January 29, 1982 ·OSHRC
Citations vacated
COMM

E. I. du Pont de Nemours & Co., Inc.

Spray-room item remanded and eyewash item vacated

OSHA cited DuPont for conducting pump spray-painting without a spray booth or spray room and for allegedly lacking suitable emergency eye-flushing facilities where corrosive liquids were handled. The Commission ruled that the spray-painting item required more evidence on whether the pump shop…

January 29, 1982 ·OSHRC
Mixed result
COMM

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

Social Security Administration (FLRA 3-CA-486, 3-CA-990): threats and union meeting interference found unlawful

AFGE Local 1923 charged that a supervisor threatened a union steward's employment and interfered with a meeting between the steward and another employee at a Social Security Administration facility in Baltimore. The Judge found that the threat and the supervisor's repeated entry into the union…

January 29, 1982 ·FLRA
Upheld
COMM

Sheet Metal Workers International Association, Local 97, Philadelphia Metal Trades Council, and Robert Cosden

Sheet Metal Workers Local 97 (FLRA 23-CO-21): union unfair labor practice complaint dismissed

The complaint alleged that union officials caused the Philadelphia Naval Shipyard to discipline an employee because of his opposition to the union and unfairly refused his choice of representative in the resulting grievance process. The Judge found that the record did not establish those…

January 29, 1982 ·FLRA
Upheld
COMM

Baroid Division of N. L. Industries Inc.

Remanded on Tenth Circuit order to try whether gas detection by smell can be taught

The Commission had earlier found that Baroid violated the general duty clause by failing to protect its mud man, Boden, from fire and explosion hazards caused by natural gas accumulation at an oil drilling site. Part of that holding was that Baroid had not trained Boden well enough to detect and…

January 29, 1982 ·OSHRC
Remanded
COMM

U.S. Department of Labor, Office of Inspector General, Region I and National Council of Field Labor Locals, AFGE Local 948

DOL Inspector General (FLRA 1-CU-27): audit staff excluded from bargaining unit

AFGE Local 948 sought to add nonsupervisory audit employees in the Labor Department Inspector General's Boston region to an existing field employee bargaining unit. The agency argued that their internal audit work fell under the statutory exclusion for employees who audit or investigate agency…

January 29, 1982 ·FLRA
Other
ALJ

Valley Rock and Sand Corporation

Sand and gravel citations upheld

MSHA pursued eight safety citations and eleven alleged failures to comply with withdrawal orders at Valley Rock and Sand Corporation's Quail Canyon Pit and Mill. The parties stipulated that further inspector testimony would establish the violations and that the withdrawal and termination orders had…

January 28, 1982 ·John J. Morris ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 1786 and Marine Corps Development and Education Command

AFGE Local 1786 and Marine Corps Command (FLRA O-NG-608): leave proposal appeal moot

AFGE Local 1786 proposed leave time for temporary and intermittent employees at the Marine Corps Development and Education Command. The command initially said the proposals were outside the duty to bargain, and the union appealed. The agency then withdrew that allegation. The Authority found no…

January 28, 1982 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1170 and Public Health Service Hospital, Seattle

AFGE Local 1170 and Seattle Public Health Service Hospital (FLRA O-NG-503): appeal dismissed after hospital transfer

AFGE Local 1170 petitioned for review of a proposal concerning the Seattle Public Health Service Hospital. While the appeal was pending, the hospital transferred from federal control to a Washington municipal corporation. The hospital moved to dismiss, and the union filed no opposition. The…

January 28, 1982 ·FLRA
Procedural
COMM

International Association of Fire Fighters, Local F-116 and Department of the Air Force, Vandenberg Air Force Base

Fire Fighters Local F-116 and Vandenberg Air Force Base (FLRA O-NG-327): training schedule proposal nonnegotiable

The firefighters' union proposed limits on when Vandenberg Air Force Base could schedule training during employees' 24-hour shifts. The Authority found that restricting training to certain hours or days would interfere with management's statutory right to assign work. It held the disputed proposal…

January 28, 1982 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3098 and Indiana Air National Guard

AFGE Local 3098 and Indiana Air National Guard (FLRA O-NG-233): technician appeal procedures negotiable

AFGE Local 3098 proposed that National Guard technicians facing adverse actions could use a negotiated grievance and binding arbitration route as an alternative to a statutory appeal procedure. The Indiana Air National Guard argued that the proposals conflicted with law governing technicians. The…

January 28, 1982 ·FLRA
Set aside
COMM

Utah Army National Guard and National Federation of Federal Employees, Local 1724

Utah Army National Guard (FLRA O-AR-85): award rejecting established beard practice set aside

A Utah Army National Guard technician challenged an order to shave his beard during deer hunting season. The arbitrator found a past practice permitting seasonal beards but declined to enforce it because the employees also served in the National Guard and were subject to military grooming rules…

January 28, 1982 ·FLRA
Set aside
COMM

Rock Island Arsenal and National Association of Government Employees, Local R7-72

Rock Island Arsenal (FLRA O-AR-83): nonselection arbitration award upheld

A Rock Island Arsenal employee claimed that he did not receive the priority consideration for an accounting technician vacancy required by an earlier grievance result. The arbitrator found that the employee was considered alone three times before other applicants and that the agency later remedied…

January 28, 1982 ·FLRA
Upheld
COMM

Department of the Army, Fort Drum and National Association of Government Employees, Local R2-61

Fort Drum (FLRA O-AR-323): agency arbitration exceptions dismissed as late

Fort Drum filed exceptions to an arbitrator's award in a dispute with NAGE Local R2-61. The award was dated October 28, 1981, and the Authority identified November 27 as the filing deadline under the then applicable 30-day rule. The exceptions reached the Authority on December 7. The Authority held…

January 28, 1982 ·FLRA
Procedural
COMM

Pipe-Rite Utilities Ltd., Inc.

Excavation citation vacated because danger from moving ground was never proved

Pipe-Rite was digging an excavation in sandy soil for a wet well at a sewage treatment plant. The water table sat 2 to 3 feet below the surface, so a wellpoint system was installed around the site three days before digging to draw the water out and dry the walls. The Secretary cited the excavation…

January 28, 1982 ·OSHRC
Citations vacated
COMM

Community Services Administration and National Council of CSA Locals, American Federation of Government Employees

Community Services Administration (FLRA 7-CA-456, 5-CA-294): two complaints moot after agency closure

The two complaints concerned a supervisor's statements to employees and the agency's refusal to provide information about a supervisor's prior training. The Community Services Administration closed under a federal budget law while the matters were pending before the Authority. The union objected to…

January 28, 1982 ·FLRA
Procedural
COMM

U.S. Coast Guard Headquarters and American Federation of Government Employees, Local 3313

Coast Guard Headquarters (FLRA 3-CU-57, 3-CU-58): analyst included and engineer excluded from unit

AFGE Local 3313 asked the Authority to include two Coast Guard Headquarters positions in its existing bargaining unit. The Authority found that the electronics engineer effectively influenced agency policy on remote sensing programs and was a management official who must be excluded. It found that…

January 28, 1982 ·FLRA
Other
COMM

Department of the Navy, Portsmouth Naval Shipyard and Portsmouth Federal Employees Metal Trades Council

Portsmouth Naval Shipyard (FLRA 1-CA-127, 1-CA-128, 1-CA-129): implied threats violated employee rights

The Portsmouth Federal Employees Metal Trades Council brought consolidated unfair labor practice complaints against the naval shipyard. The Judge found that implied threats discouraged one employee from filing or processing grievances and another from acting as a union representative. The Judge…

January 28, 1982 ·FLRA
Upheld
COMM

Northeastern Program Service Center, Social Security Administration and American Federation of Government Employees, Local 1760

SSA Northeastern Program Service Center (FLRA 0-AR-128): medical leave award upheld

The Social Security Administration denied an employee's request for leave without pay for medical reasons and recorded her absence as leave without authorization. An arbitrator found that supervisors had predetermined the denial and acted arbitrarily, and ordered leave granted and the absence…

January 28, 1982 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Roof violation upheld and two settlements approved

MSHA brought three citations against Consolidation Coal Company at its Blacksville No. 2 Mine. After a hearing conducted by another judge, Judge George A. Koutras approved the parties' $195 settlement of an electrical citation and $400 settlement of a coal accumulation citation. For the contested…

January 27, 1982 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Scotia Coal Company

$200,000 settlement approved after Scotia Mine disaster

Two methane explosions at Scotia Coal Company's Scotia Mine in March 1976 killed 23 miners and three mine inspectors. This decision addressed a proposed settlement of 28 contested violations, including ventilation, mine examination, electrical, and coal dust matters examined after the disaster…

January 27, 1982 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

Allis-Chalmers Corporation

Spray-booth ignition-source item vacated

Allis-Chalmers used a gasoline-powered forklift to move engines and generators into and out of a spray booth. OSHA alleged that the forklift was prohibited spark-producing equipment in or near a spraying area. The Commission found that OSHA had not proved dangerous quantities of flammable vapors or…

January 27, 1982 ·OSHRC
Citations vacated
ALJ

Kaiser Cement Corporation

Jenkins discrimination complaint dismissed

The Secretary brought a Mine Act discrimination complaint for Kaiser Cement employee Daniel Jenkins, who was discharged after refusing to load explosives. Another employee's complaint in the same proceeding had been settled earlier. Judge Virgil E. Vail held that the delay in bringing Jenkins's…

January 22, 1982 ·Virgil E. Vail ·FMSHRC
Other
COMM

National Association of Government Employees, Local R7-23 and 375th Air Base Group, Scott Air Force Base

Scott Air Force Base discipline proposal (FLRA O-NG-344): Proposal outside duty to bargain

NAGE Local R7-23 proposed that management consider union recommendations for punitive or remedial action against managers and supervisors who violated employee rights. The Authority held that the proposal concerned discipline of managers and supervisors outside the bargaining unit, rather than unit…

January 22, 1982 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2953 and Nebraska Military Department, Office of the Adjutant General

Nebraska National Guard technician proposals (FLRA O-NG-302): Grievance terms negotiable, reduction-in-force term rejected

AFGE Local 2953 proposed grievance procedures for disciplinary actions involving National Guard technicians and a rule for ranking technicians during reductions in force. The Authority held that the three grievance proposals were within the duty to bargain despite the agency's argument about the…

January 22, 1982 ·FLRA
Mixed result
COMM

National Treasury Employees Union and Department of Health and Human Services, Region 10

NTEU and HHS Region 10 (FLRA O-NG-299): performance and vacancy proposals nonnegotiable

NTEU proposed four terms governing critical elements in employee performance evaluations and one limiting applications for upward mobility positions to the regional office. The Authority held that negotiating or prescribing critical elements and standards would interfere with management's rights to…

January 22, 1982 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1940 and Department of the Air Force, Eglin Air Force Base

Eglin Air Force Base parking (FLRA O-NG-295): Bargaining dispute sent to a different procedure

NFFE Local 1940 proposed bargaining over changed parking-space allocation procedures at Eglin Air Force Base. The Air Force declined, saying the change affected only people outside the union's bargaining unit. The Authority held that the dispute concerned whether the agency had to bargain at all…

January 22, 1982 ·FLRA
Procedural
COMM

National Association of Government Employees, Local R7-23 and Headquarters, 375th Air Base Group, Scott Air Force Base

NAGE Local R7-23 and Scott Air Force Base (FLRA O-NG-285): supervisor rating proposal nonnegotiable

NAGE Local R7-23 proposed allowing employees at Scott Air Force Base to rate their supervisors twice a year. It also proposed that management consider those ratings in training, discipline, promotion, and related decisions about supervisors. The Authority found that the proposal primarily concerned…

January 22, 1982 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1724 and Utah National Guard

NFFE Local 1724 and Utah National Guard (FLRA O-NG-267): combat unit designation proposal nonnegotiable

NFFE Local 1724 proposed that affected Utah National Guard technicians remain in or return to their former civilian positions and grades. The proposal arose under the military assignment policies described in the 1982 decision, which affected women technicians assigned to units designated for…

January 22, 1982 ·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.