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
ORDER The Board issued its decision, on February 25, 2002, affirming the Hearing Officer’s conclusion that the Complainant prevailed in her discrimination claim under the Americans with Disabilities Act, and upholding the Hearing Officer’s award to the Complainant of back pay and interest, compensatory damages, and attorney’s fees and costs. However, the Board remanded to […]
CATEGORIES:Board DecisionsProcedural Issues
CASE NUMBERS:99-AC-326 (DA)
July 2nd, 2002
DECISION AND REMAND ORDER OF THE BOARD OF DIRECTORS Before the Board of Directors: Susan S. Robfogel, Chair; Barbara L. Camens, Alan V. Friedman; Roberta L. Holzwarth; Barbara Childs Wallace, Members. I. Statement of the Case This unfair labor practice case is before the Board on exceptions to the attached Hearing Officer’s Decision filed by […]
CATEGORIES:Board DecisionsFederal Service Labor-Management Relations Statute (FSLMRS)Labor-Management RightsProcedural Issues
CASE NUMBERS:LMR-CA-0037
June 11th, 2002
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