DECISION AND ORDER Preliminary Statement This matter comes before the Board pursuant to section 215(c)(4) of the Congressional Accountability Act (2 U.S.C. 1341(c)(4),) which states, inter alia, that with regard to applicable OSHA standards, “[a]n employing office may request from the Board an order granting a variance from a standard made applicable by this section. […]
CATEGORIES:Board DecisionsOccupational Safety & HealthOccupational Safety and Health Act (OSHAct)Procedural Issues
CASE NUMBERS:OSH-1017
April 29th, 2002
DECISION OF THE BOARD OF DIRECTORS I. Statement of the Case This matter is before the Board on exceptions to an award of Arbitrator Roger P. Kaplan1 filed by the employing office under 5 U.S.C. §7122, as applied by section 220(a) of the Congressional Accountability Act (“CAA”)(2 U.S.C. §1351(a)), and Part 2425 of the Regulations […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:01-ARB-01 (CP)
February 25th, 2002
DECISION OF THE BOARD OF DIRECTORS The Office of the Architect of the Capitol (“Appellant”), appeals1 from the Hearing Officer’s initial and supplemental Decisions and remedial order, dated March 19, and June 15, 2001, respectively, which concluded that the Office of the Architect of the Capitol (Appellant) had discriminated against Juanita Johnson (“Appellee”) on account […]
CASE NUMBERS:99-AC-326 (DA)
February 25th, 2002
DECISION OF THE BOARD OF DIRECTORS I. Statement of the Case This case requires that we examine the negotiability of two proposals to provide premium pay for work on holidays and on Sundays, respectively. The matter is before the Board pursuant to §7105(a)(2)(E) of the Federal Service Labor Management Relations Statute (“FSLMRS”), 5 U.S.C. §7105(a)(2)(E), […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:01-LMR-02
December 3rd, 2001
DECISION OF THE BOARD OF DIRECTORS I. Statement of the Case This case concerns the negotiability of a proposal to provide premium pay for holiday work and is before the Board pursuant to §7105(a)(2)(E) of the Federal Service Labor Management Relations Statute (“FSLMRS”), 5 U.S.C. §7105(a)(2)(E), as applied by §220(c)(1) of the Congressional Accountability Act […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:01-LMR-01
December 3rd, 2001
DECISION OF THE BOARD OF DIRECTORS William H. Gage, an African American, (“appellant”), appeals only from that portion of the Hearing Officer’s Decision and Order, dated April 25, 2001, concluding that the Office of the Architect of the Capitol (“appellee”) did not racially discriminate against him with respect to his application for the position of […]
CASE NUMBERS:00-AC-21 (CV)
November 14th, 2001
ORDER DISMISSING EXCEPTIONS AND DENYING STAY On June 11, 2001, the United States Capitol Police Board filed with the Board of Directors of the Office of Compliance its “Exceptions to Arbitration Award and Request for a Stay of Award.” (“Exceptions”) On June 12, 2001, the Fraternal Order of Police, U.S. Capitol Police Labor Committee filed […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:01E-HS-01
June 13th, 2001
ORDER The Board of Directors denies the “Request for Stay of Matters Kept Pending Before the Hearing Officer” filed in this matter by the Office of the Architect of the Capitol. Section 406(d) of the Congressional Accountability Act requires that a hearing officer issue a decision “after the conclusion of the hearing.” In this matter, […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:99-AC-326 (DA)
May 22nd, 2001
DECISION OF THE BOARD OF DIRECTORS This is a negotiability appeal in which the Board must decide whether a proposed collective bargaining agreement provision is “inconsistent with any Federal law…” and therefore nonnegotiable, pursuant to Section 7117(a)(1) of the Federal Service Labor-Management Relations Statute (“FSLRMS”), 5 U.S.C. 7117 (a)(1), as applied by Section 220(c) of […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:00-LMR-03
January 29th, 2001
September 29, 1999 Stanley E. Wooten800 Link DriveSuite 1514Duncanville, TX 7 5116 John M. Clifford, Esq.Peter Butcher, Esq.Clifford, Lyons & Garde1620 L Street, N.W., Suite 625Wash, DC 20036-5631 RE: Stanley E. Wooten, Appellant versus Office of the Architect of the Capitol, Appellee Case No. 98-AC-29(CV,RP) Dear Gentlemen: The attached Decision of the Board of Directors […]
CATEGORIES:Board DecisionsProcedural IssuesProhibition of Intimidation or Reprisal under 2 U.S.C. §1317Protections for Exercising RightsTitle VII of the Civil Rights ActUnlawful Discrimination
CASE NUMBERS:98-AC-29 (CV; RP)
September 29th, 1999
DECISION OF THE BOARD OF DIRECTORS Appellant, Charles A. Hughes, III (Hughes), appeals from the decision of the Hearing Officer dismissing his complaint for failure to comply with the time requirements of section 402(a) of the Congressional Accountability Act (CAA or Act), 2 U.S.C. § 1402(a). The Board concludes that Hughes failed to comply with […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:98-SN-56 (RP)
September 8th, 1999
DECISION OF THE BOARD OF DIRECTORS Having considered the Motion for Interlocutory Appeal and the Response thereto, the Board denies the motion. The motion was not presented to the Hearing Officer in the first instance, as required by the Board’s rules. See Rule § 7 .13 of the Procedural Rules of the Office of Compliance. […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:99-AC-06 (CV; RP)
July 19th, 1999