Board Decisions

The Board of Directors of the Office of Congressional Workplace Rights hears, among other matters, appeals of hearing officers' decisions issued in accordance with the Congressional Accountability Act. The Board's decisions are based on a review of the record and may affirm a hearing officer’s decision, reverse the decision, or remand the case to the hearing officer for further adjudication. A decision that does not require further proceedings before a hearing officer shall be entered into the records of the Office as a final decision.

Richard A. Duncan v. Office of the Architect of the Capitol, Case No. 02-AC-59 (RP)

DECISION OF THE BOARD OF DIRECTORS I. Introduction The Office of Compliance entered into its records the attached decision of Hearing Officer Sylvia Bacon in this proceeding. The hearing officer granted the Respondent/employing office’s motion to dismiss the complaint concluding that (1) the complaint fails to state a claim upon which the requested relief may […]
CATEGORIES:Board DecisionsOccupational Safety & HealthOccupational Safety and Health Act (OSHAct)Protections for Exercising Rights
CASE NUMBERS:02-AC-59 (RP)
August 5th, 2004

AFSCME Council 26, AFL-CIO, Petitioner, Labor Organization v. Office of the Architect of the Capitol, Case No. 04-LMR-02

DECISION AND ORDER OF THE BOARD OF DIRECTORS ON NEGOTIABILITY ISSUES I. Introduction The petition for review comes before the Board of Directors of the Office of Compliance (“the Board”) pursuant to § 7105(a)(2)(E) of the Federal Service Labor Management Relations Statute (“FSLMRS”), as applied by § 220(c)(1) of the Congressional Accountability Act (“CAA”), 2 […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:04-LMR-02
July 23rd, 2004

Thomas J. Devlin v. Office of the Architect of the Capitol, Case No. 01-AC-373 (AG, CV)

DECISION OF THE BOARD OF DIRECTORS On November 18, 2003, Hearing Officer Sylvia Bacon issued the attached Decision and Judgment. The Hearing Officer concluded that the Respondent had not engaged in age discrimination in not promoting the Complainant from his position of Building Inspector, pay grade GS-08. The Board has considered the decision in light […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:01-AC-373 (AG; CV)
June 17th, 2004

Joe D. Clark v. Office of the Architect of the Capitol, Case No. 01-AC-388 (RP)

DECISION OF THE BOARD OF DIRECTORS On September 30, 2003, Hearing Officer Sylvia Bacon issued the attached Decision and Judgment. The Hearing Officer concluded that the Respondent had not committed an act of retaliatory discrimination in connection with the May 24, 2001 termination1 of the Appellant’s employment as a Personnel Assistant, pay grade GS-6/step 4. […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:01-AC-388 (RP)
June 17th, 2004

Gloria Halcomb v. The Association & Executive Board of the Committee of Correspondents Radio and Television Press Gallery of the U.S. Senate, Case No. 03-SN-45 (CV, RP)

DECISION AND ORDER OF THE BOARD OF DIRECTORS On February 3, 2004, Hearing Officer, on a motion to dismiss, issued the attached Order dismissing the Complaint against Respondent1 on jurisdictional grounds; that is, as a matter of law the Respondent could not constitute an employing office under the Congressional Accountability Act, 2 U.S.C. §1301(9): in […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:03-SN-45 (CV; RP)
June 4th, 2004

Francisca Laguna v. Office of the Architect of the Capitol, Case No. 02-AC-54 (CV, FL)

DECISION OF THE BOARD OF DIRECTORS On September 9, 2003, Hearing Officer Michael W. Doheny issued the attached Decision in this matter. The Hearing Officer concluded that the Complainant had failed to meet her burden of proof regarding her non-promotion, equal pay and position reassignment claims. The Board has considered the decision in light of […]
CATEGORIES:Board DecisionsTitle VII of the Civil Rights ActUnlawful Discrimination
CASE NUMBERS:02-AC-54 (CV; FL)
April 8th, 2004

Gloria Halcomb v. Office of the U.S. Senate Sergeant at Arms; Gloria Halcomb v. Association and Executive Board of the Committee of Correspondents Radio and Television Press Gallery of the United States Senate, Case No. 03-SN-29 (CV, RP); Case No. 03-SN-45 (CV, RP)

ORDER DENYING COMPLAINANT’S INTERLOCUTORY APPEAL IN CASE NO. 03-SN-29 (CV, RP) , AND ESTABLISHING A BRIEFING SCHEDULE IN COMPLAINANT’S PETITION FOR REVIEW IN CASE NO. 03-SN-45 (RP, CV) Complainant filed with the Board, on March 2, 2004 her petition for review of two separate orders issued by Hearing Officer Curtis E. Von Kann on February […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:03-SN-29 (CV; RP)03-SN-45 (CV; RP)
March 10th, 2004

Sherry M. Britton v. Office of the Architect of the Capitol, Case No. 01-AC-346 (CV, FM, RP)

DECISION AND ORDER OF THE BOARD OF DIRECTORS ON EMPLOYING OFFICE’S MOTION TO DISMISS, OR IN THE ALTERNATIVE TO STRIKE, COMPLAINANT’S PETITION FOR REVIEW I. Introduction The Board, by decision and order dated June 3, 2003, remanded this matter with instructions to the hearing officer. The hearing officer subsequently issued his dispositive decision on November […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:01-AC-346 (CV; FM; RP)
February 2nd, 2004

International Brotherhood of Teamsters Local Union Nos. 246 and 639, AFL-CIO v. Office of the Senate Sergeant at Arms, Case No. 03-LM (AC)-01

Before the Board of Directors: Susan S. Robfogel, Chair. Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members.1 SUPPLEMENTAL DECISION AND ORDER 2 I. INTRODUCTION The Petitioner labor organization seeks to amend the December 19, 2002 collective bargaining agent certification3 for the Employing Office’s Capitol Facilities Branch to substitute Teamsters Local 639 for Teamsters […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:03-LM (AC)-01
January 14th, 2004

International Brotherhood of Teamsters Local Union Nos. 246 and 639, AFL-CIO v. Office of the U.S. Capitol Police Board, Case No. 03-LM (AC)-02

Before the Board of Directors: Susan S. Robfogel, Chair. Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members.1 DECISION AND ORDER AMENDING CERTIFICATION OF REPRESENTATIVE I. INTRODUCTION The Petitioner labor organization seeks to amend the April 11, 2000 collective bargaining agent certification2 to substitute Teamsters Local 639 for Teamsters Local 246 as the certified […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:03-LM (AC)-02
January 14th, 2004

AFSCME Council 26, AFL-CIO vs. Office of the Architect of the Capitol, Case No. 03-LMR-02

DECISION AND ORDER OF THE BOARD OF DIRECTORS ON NEGOTIABILITY ISSUE Before the Board of Directors: Susan S. Robfogel, Chair. Barbara L. Camens; Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members. I. Introduction The petition for review comes before the Board of Directors of the Office of Compliance (“the Board”) pursuant to § […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:03-LMR-02
December 2nd, 2003

Robert Solomon vs. Office of the Architect of the Capitol, Case No. 02-AC-34 (CV, RP)

DECISION OF THE BOARD OF DIRECTORS On May 9, 2003, the Office of Compliance entered into its records the attached decision of Hearing Officer Warren R. King in this proceeding. The Hearing Officer concluded that the Respondent did not (1) unlawfully deny the Complainant a reasonable accommodation for his religious beliefs or practices, (2) unlawfully […]
CATEGORIES:Board Decisions
CASE NUMBERS:02-AC-34 (CV; RP)
October 24th, 2003