DECISION OF THE BOARD OF DIRECTORS On February 6, 2003, Hearing Office Curtis E. von Kann issued the attached Order dismissing this disability discrimination and reprisal complaint on the basis that it was untimely and, therefore, he was without jurisdiction to entertain the matter. The Complainant timely filed a petition for review of the Hearing […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:02-AC-30 (DA; RP)
August 11th, 2003
DECISION OF THE BOARD OF DIRECTORS On December 14, 2002, Hearing Officer Sylvia Bacon issued her attached Decision and Judgment dismissing this age discrimination and reprisal complaint on its merits after conducting an evidentiary hearing. The Complainant timely filed a petition for review of the Hearing Officer’s decision and a supporting brief. The Respondent employing […]
CATEGORIES:Board Decisions
CASE NUMBERS:00-AC-105 (AG; RP)
August 11th, 2003
DECISION AND ORDER 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 Petitioner labor organization seeks to amend the December 19, 2002 certification for the Employing Office’s Capitol Facilities Branch to substitute Teamsters Local 639 for Teamsters Local 246 […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:03-LM (AC)-01
July 11th, 2003
DECISION AND REMAND ORDER OF THE BOARD OF DIRECTORS I. Introduction This reprisal and Family and Medical Leave Act (“FMLA”) case, brought under Section 405 of the Congressional Accountability Act (“CAA”) (2 U.S.C. §1405), is before the Board pursuant to the Complainant employee’s petition for review of the Hearing Officer’s dismissal of the complaint, prior […]
CATEGORIES:Board DecisionsFamily and Medical LeaveFamily and Medical Leave Act (FMLA)Procedural IssuesProtections for Exercising Rights
CASE NUMBERS:01-AC-346 (CV; FM; RP)
June 3rd, 2003
DECISION OF THE BOARD OF DIRECTORS On September 9, 2002, Hearing Officer Warren R. King issued the attached Decision and Order in this matter concluding that the Respondent did not terminate the Complainant’s employment in retaliation for her having engaged in protected activities under the Congressional Accountability Act. The Complainant timely filed a petition for […]
CATEGORIES:Board Decisions
CASE NUMBERS:01-AC-386 (RP)
May 30th, 2003
DECISION OF THE BOARD OF DIRECTORS On September 6, 2002, Hearing Officer Curtis E. von Kann issued the attached Decision in this matter concluding that the Respondent failed fully to implement1 its settlement agreement with the Complainant, but for non-discriminatory and non-retaliatory reasons. The Complainant timely filed a petition for review of that decision, and […]
CATEGORIES:Board Decisions
CASE NUMBERS:00-AC-104 (CV; RP)
May 30th, 2003
DECISION OF THE BOARD OF DIRECTORS I. Introduction This reprisal case, brought under Section 405 of the Congressional Accountability Act (“the CAA”) (2 U.S.C. §1405), is before the Board pursuant to the Complainant Employee’s petition for review of the Hearing Officer’s dismissal of the complaint on the pleadings. The issue on appeal is whether the […]
CATEGORIES:Board DecisionsProcedural IssuesProhibition of Intimidation or Reprisal under 2 U.S.C. §1317Protections for Exercising Rights
CASE NUMBERS:01-AC-377 (RP)
May 30th, 2003
DECISION OF THE BOARD OF DIRECTORS On December 9, 2002, the attached decision of Hearing Officer Curtis von Kann was entered into the records of the office of Compliance. The Complainant filed a petition for review of the Hearing Officer’s decision, which the Board treated as timely over the Respondent’s objection. The petition included several […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:01-SN-378 (CV; RP)
May 21st, 2003
STATEMENT OF THE CASE Robert Solomon (“complainant” “employee”) has been employed in Senate restaurants of the Office of the Architect of the Capitol (“AOC”, “employing office”, “agency ‘) for sixteen years and he has been the grill cook in the snack bar known as the Baby Gourmet since July, 2001. The hours of operation of […]
CATEGORIES:Board DecisionsProhibition of Intimidation or Reprisal under 2 U.S.C. §1317Protections for Exercising RightsTitle VII of the Civil Rights ActUnlawful Discrimination
CASE NUMBERS:02-AC-34 (CV; RP)
May 9th, 2003
DECISION The final decision of the Board in this matter was issued on November 20, 2002. On February 14, 2003 the Architect filed a notice for a petition for review of this Board’s final decision. On February 19, 2003, during a meeting with the Executive Director of this Office, the respondent Office of the Architect […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:99-AC-326 (DA)
March 7th, 2003
SUPPLEMENTAL DECISION AND ORDER OF THE BOARD OF DIRECTORS On February 25, 2002, the Board issued its decision on the Employing Office’s appeal from the Hearing Officer’s Decision on liability and his Supplemental Decision on damages. The Board affirmed the Hearing Officer’s decisions in all respects, except for the reassignment remedy, which the Board remanded […]
CASE NUMBERS:99-AC-326 (DA)
November 20th, 2002
Before the Board of Directors: Susan S. Robfogel, Chair; Barbara L. Camens; Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members CONSOLIDATED DECISION OF THE BOARD OF DIRECTORS ON NEGOTIABILITY ISSUES I. Introduction The petitions for review in each of these four cases1 come before the Board of Directors of the Office of Compliance […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
October 7th, 2002