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.

Fraternal Order of Police, District of Columbia Lodge No. 1 U.S. Capitol Police Labor Committee v. United States Capitol Police, Case No. 20-LMR-01 (CA)

ORDER Before the Board of Directors: Barbara Childs Wallace, Chair; Susan S. Robfogel; Alan V. Friedman; Roberta L. Holzwarth; Barbara L. Camens, Members. The above-captioned matter concerns the provisions of the Congressional Accountability Act that apply the unfair labor practice prohibitions of the Federal Service Labor Management Relations Statute to employees, employing offices, and labor […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:20-LMR-01 (CA)
February 17th, 2021

Eve Ferguson v. The Library of Congress, Case No. 19-LC-53 (AG, DA, DV, FM, RP)

DECISION OF THE BOARD OF DIRECTORS This case is before the Board of Directors (“Board”) pursuant to a petition filed by the appellant, Eve Ferguson (“Ferguson”), seeking review of the January 13, 2020 Order of the Hearing Officer that dismissed this case without prejudice to refiling as a new claim. Upon due consideration of the […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:19-LC-53 (AG; DA; DV; FM; RP)
May 29th, 2020

United States Capitol Police and Fraternal Order of Police District of Columbia Lodge No. 1 U.S. Capitol Police Labor Committee, Case No. 16-LMR-01 (CA)

DECISION OF THE BOARD OF DIRECTORS This matter concerns compliance with an order from the Board of Directors of the Office of Congressional Workplace Rights (OCWR), which was confirmed and ordered enforced by United States Court of Appeals for the Federal Circuit. At the outset, the Board recognizes that in November 2019, it issued a […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:16-LMR-01 (CA)
February 6th, 2020

Jorge Torres-Velez v. Office of the Architect of the Capitol, Case No. 17-AC-36 (FL, RP, CV)

DECISION OF THE BOARD OF DIRECTORS The appellant, Jorge Torres-Velez, proceeding pro se, has petitioned the Board to review the Hearing Officer’s May 25, 2018 Order, which granted a motion to dismiss filed by the appellee, the Office of the Architect of the Capitol (“AOC”), as to some of Torres-Velez’s claims alleging violations of the […]
CATEGORIES:Board DecisionsFair Labor StandardsFair Labor Standards Act (FLSA)Procedural IssuesProhibition of Intimidation or Reprisal under 2 U.S.C. §1317Protections for Exercising RightsTitle VII of the Civil Rights ActUnlawful Discrimination
CASE NUMBERS:17-AC-36 (FL; RP; CV)
September 23rd, 2019

United States Capitol Police v. Fraternal Order of Police, Case No. 15-LMR-02 (CA)

DECISION OF THE BOARD OF DIRECTORS I. Statement of the Case This case is before the Board pursuant to a petition for review (“PFR”) filed by the United States Capitol Police (“Respondent” or “USCP”) of the Hearing Officer’s November 1, 2017 Decision and Order granting the motion of the Charging Party, FOP/U.S. Capitol Police Labor […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management RightsProcedural Issues
CASE NUMBERS:15-LMR-02 (CA)
August 20th, 2019

Fraternal Order of Police District of Columbia Lodge No. 1, United States Capitol Police Labor Committee v. United States Capitol Police, Case No. 16-LM-05 (NG)

ORDER This negotiability appeal under section 220 of the Congressional Accountability Act (CAA) is before the Board of Directors on remand from a decision of the U.S. Court of Appeals for the Federal Circuit in United States Capitol Police v. Office of Compliance, 908 F.3d 776 (Fed. Cir. 2018). That appeal concerned, inter alia, the […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:16-LM-05 (NG)
February 12th, 2019

Patrick Rager v. U.S. Senate Sergeant at Arms, Case No. 17-SN-28 (DA, FM, RP, CV)

DECISION OF THE BOARD OF DIRECTORS The appellant, Patrick Rager (“Rager”), has petitioned the Board to review the Hearing Officer’s January 12, 2018 Order, which entered summary judgment in favor of the appellee, the U.S. Senate Sergeant at Arms (“SAA”), on all claims alleging violations the Congressional Accountability Act (“CAA”). Upon due consideration of the […]
CATEGORIES:Americans with Disabilities Act (ADA)Board DecisionsFamily and Medical LeaveFamily and Medical Leave Act (FMLA)Prohibition of Intimidation or Reprisal under 2 U.S.C. §1317Protections for Exercising RightsTitle VII of the Civil Rights ActUnlawful Discrimination
CASE NUMBERS:17-SN-28 (DA; CV; FM; RP)
October 3rd, 2018

Gerald Evans v. Office of the Architect of the Capitol, Case No. 16-AC-18 (CV, RP)

DECISION OF THE BOARD OF DIRECTORS This appeal is before the Board of Directors (“Board”) pursuant to the appellant Gerald Evans’s petition for review (“PFR”) of the Hearing Officer’s August 10, 2017 Decision and Order, which found unproven Evans’s claims that the Office of the Architect of the Capitol (“AOC”) issued him a memorandum 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:16-AC-18 (CV; RP)
September 12th, 2018

Kevin Paige v. Office of the Architect of the Capitol, Case No. 16-AC-17 (CV, RP)

DECISION OF THE BOARD OF DIRECTORS This appeal is before the Board of Directors (“Board”) pursuant to the appellant Kevin Paige’s petition for review (“PFR”) of the Hearing Officer’s June 8, 2017 Decision and Order, which found unproven his claims that the Office of the Architect of the Capitol (“AOC”): Upon due consideration of the […]
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:16-AC-17 (CV; RP)
September 12th, 2018

United States Capitol Police and Fraternal Order of Police, District of Columbia Lodge No. 1 U.S. Capitol Police Labor Committee, Case No. 17-LMR-01 (CA)

DECISION OF THE BOARD OF DIRECTORS This case is before the Board of Directors (“Board”) pursuant to a petition for review (“PFR”) filed by the Office of Compliance General Counsel (“General Counsel”) which seeks review of the Hearing Officer’s April 27, 2017 Order that granted the U.S. Capitol Police’s (“USCP”) motion to dismiss for failure […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management RightsProcedural Issues
CASE NUMBERS:17-LMR-01 (CA)
September 12th, 2018

Office of the Architect of the Capitol and American Federation of State, County and Municipal Employees, Council 26, Case No. 18-LM-03 (RP)

DECISION AND ORDER OF THE BOARD OF DIRECTORS AMENDlNG CERTIFICATIONS OF REPRESENTATIVE This case is before the Board on a Petition to amend four Certifications of Representative (”Petition”) filed by Council 26 of the American Federation of State, County and Municipal Employees, Council 26 (“Council 26″ or ” Petitioner”). For the reasons that follow, we […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:18-LM-03 (RP)
June 28th, 2018

Office of the Architect of the Capitol and American Federation of State, County and Municipal Employees, Council 26, Case No. 18-LM-02 (RP)

DECISION AND ORDER OF THE BOARD OF DIRECTOR AMENDING CERTIFICATIONS OF REPRESENTATIVE This case is before the Board on a Petition to amend four Certifications of Representative (“Petition”) filed by Council 26 of the American Federation of State, County and Municipal Employees, Council 26 (“Council 26” or “Petitioner”). For the reasons that follow, we grant […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management Rights
CASE NUMBERS:18-LM-02 (RP)
June 28th, 2018