DECISION Before the Board of Directors: Susan S. Robfogel, Chair; Barbara L. Camens, Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members. On October 14, 2004, Hearing Officer Curtis E. Von Kann issued the attached “Hearing Officer’s Decision” on the merits of this matter, after an evidentiary hearing on the record and argument by […]
CATEGORIES:Board Decisions
CASE NUMBERS:03-SN-29 (CV; RP)
March 18th, 2005
Order Denying Request for Reconsideration On August 9, 2004, the Architect of the Capitol filed this Request for Reconsideration of our Decision and Order on Negotiability Issues, dated July 23, 2004, pursuant to Office of Compliance Rule of Procedure §8.02. Petitioner, AFSCME Council 26, filed an Objection to Reconsideration on August 24, 2004. The Board […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management RightsProcedural Issues
CASE NUMBERS:04-LMR-02
December 23rd, 2004
DECISION OF THE BOARD OF DIRECTORS On June 14, 2004, Hearing Officer Sylvia Bacon rendered a Decision from the Bench. On June 21, 2004, Hearing Officer Bacon issued an Order of Judgment. The Hearing Officer Dismissed the case with prejudice because Complainant failed to comply with procedures set forth in the rules and statute. The […]
CATEGORIES:Age Discrimination in Employment Act (ADEA)Board DecisionsProcedural IssuesTitle VII of the Civil Rights ActUnlawful Discrimination
CASE NUMBERS:03-HS-105 (CV; AG)
December 23rd, 2004
DECISION OF THE BOARD OF DIRECTORS On March 10, 2004, Hearing Officer Michael Doheny issued the attached Order Granting Respondent’s Motion for Dismissal of Complainant’s retaliation claim under Section 207(a) of the CAA, 2 U.S.C. 1317(a). The Hearing Officer held that the Complainant’s retaliation claim was precluded by the proceedings in Thomas J. Devlin v. […]
CATEGORIES:Board DecisionsProcedural IssuesProhibition of Intimidation or Reprisal under 2 U.S.C. §1317Protections for Exercising Rights
CASE NUMBERS:03-AC-19 (RP)
September 29th, 2004
On March 1, 2004, Hearing Officer Michael Doheny issued the attached Order Granting Respondent’s Motion to Dismiss Complaint. The Hearing Officer concluded that the Complainant’s retaliation claim herein was barred by the doctrine of claim preclusion, in essence, because it arose and was addressable in the Complainant’s earlier case before the Office of Compliance, which […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:03-AC-28 (CV; RP)
September 23rd, 2004
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
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
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
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
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
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 […]
CASE NUMBERS:02-AC-54 (CV; FL)
April 8th, 2004
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