Federal Agency Decisions

Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.

16,281 decisions and counting · Latest decision September 10, 2026
16,281 decisions

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COMM

Matter of M-N-I-

Venue controls the choice of circuit law

The Board reviewed a Moroccan respondent’s appeal from the denial of deferral of removal under the Convention Against Torture. It held that the controlling circuit law depends on the Immigration Court venue, and that an administrative transfer of docket control does not change venue. Because the…

May 24, 2024
Mixed result
COMM

Administrator, Wage and Hour Div., USDOL v. Rivet & Sons, LLC

H-2A subpoena appeal dismissed

The Wage and Hour Division alleged that Rivet & Sons and related individuals violated H-2A program requirements and assessed civil penalties and a three-year debarment. Before the scheduled merits hearing, the administrative judge quashed a subpoena request. The respondents asked the Board to…

May 24, 2024
Procedural
COMM

Kreb v. Integra Aviation, LLC

AIR21 appeal dismissed for failure to prosecute

Robert Kreb brought an AIR21 whistleblower complaint against Integra Aviation, doing business as Apollo MedFlight. An administrative judge dismissed the complaint after Kreb repeatedly failed to comply with discovery orders despite at least five warnings. Kreb appealed but did not file the opening…

May 24, 2024
Procedural
ALJ

Secretary of Labor obo Robert Baumann v. MOSenecaManufacturer LLC dba American Tripoli

Secretary of Labor obo Robert Baumann v. American Tripoli (FMSHRC CENT 2023-0251): Discrimination and interference violations proven

Robert Baumann served as a miners' representative and repeatedly raised safety concerns at American Tripoli's mill before the company terminated him. The judge found that his protected activity was the reason for the discharge and rejected the company's performance explanations as not credible. He…

May 23, 2024 ·William B. Moran ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 4010, Council of Prison Locals 33 and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Cumberland, Maryland

AFGE Local 4010 and Federal Correctional Institution Cumberland (FLRA 0-AR-5944): Authority upholds parental-leave overtime denial

A Federal Correctional Institution Cumberland employee sought voluntary overtime on days when he was using paid parental leave for his regular tour. The agency denied the requests, treating paid parental leave as unearned leave comparable to Family and Medical Leave Act leave, and an arbitrator…

May 21, 2024
Citations affirmed
COMM

United States Department of the Army, Kentucky National Guard and Association of Civilian Technicians, Bluegrass Chapter and Kentucky Army Chapter

Kentucky National Guard and Association of Civilian Technicians (FLRA 0-AR-5918): Authority upholds FLSA reclassification and backpay

Kentucky National Guard military and family readiness specialists were classified as exempt from the Fair Labor Standards Act and received compensatory time rather than overtime pay. An arbitrator found their routine, repetitive work did not satisfy the administrative exemption and that the agency…

May 21, 2024
Citations affirmed
COMM

Secretary of Labor v. Continental Cement Company, LLC

Prompt motion excused missed petition and show-cause order

Continental Cement's counsel received two penalty petitions but mistakenly forwarded one to himself instead of an assistant, leaving 11 citations unanswered. Counsel later overlooked a show-cause order while engaged in trial, and his tracking system incorrectly showed an active docket. He…

May 20, 2024 ·FMSHRC
Remanded
COMM

Matter of Delis Ismael FURTADO, Beneficiary of a visa petition filed by Helena Eloisa Johnson

Hague Convention proof required for an adopted-child visa petition

The Board reviewed a U.S. citizen grandmother’s appeal from the denial of a Form I-130 petition for her adopted grandchild from Cabo Verde. It held that when the child’s country of origin is a party to the Hague Convention, the petitioner must provide a statement from that country’s Central…

May 17, 2024
Citations affirmed
COMM

Secretary of Labor v. Alleyton Resource Company, LLC

Timely citation contest and proactive check supported reopening

Alleyton Resource timely contested a citation, but administrative staff later sent the related assessment for payment without realizing the citation was disputed. Counsel found the mistaken payment while proactively reviewing MSHA's data system and moved to reopen within 30 days after the…

May 17, 2024 ·FMSHRC
Remanded
ALJ

JK Proctor, LLC

Roofing violations affirmed but willful classifications rejected

A nine-person JK Proctor crew replaced shingles on a one-story house in Canandaigua, New York. The crew worked more than nine feet above the ground without compliant fall protection and used a ladder whose rails extended less than three feet above the roof. A foreman incorrectly measured the roof…

May 17, 2024 ·William S. Coleman ·OSHRC
Modified
COMM

Secretary of Labor v. Giant Cement Company

One timely contest dismissed, one misaddressed contest reopened

Giant Cement sought relief in two assessment matters with different filing problems. In SE 2024-0022, the company had timely filed two contest notices, but their separate processing confused MSHA's system and produced an erroneous delinquency notice. The Commission dismissed that reopening motion…

May 16, 2024 ·FMSHRC
Mixed result
COMM

Secretary of Labor v. Hamilton County Coal, LLC

Delivery uncertainty and wrong email excused default

Hamilton County Coal timely contested a penalty but did not answer the Secretary's later petition, leading to a default order. Its safety director discovered the default while reviewing a different assessment and then learned that the case had been transferred to an MSHA representative. The…

May 16, 2024 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Westfall Aggregate & Materials, Inc.

Eight-year delay exceeded the reopening limit

Westfall Aggregate received a $16,400 proposed assessment in July 2011, missed the contest deadline, and did not seek reopening until July 2019. The Commission had previously treated the request as moot because it believed the assessment never became final. The D.C. Circuit reversed that conclusion…

May 16, 2024 ·FMSHRC
Procedural
COMM

Secretary of Labor v. Morton Salt, Inc.

Repeated process failures and long delay barred reopening

Morton Salt sought to reopen five orders after a new environmental, health, and safety manager failed to contest the associated penalties. The company had timely contested four underlying orders, but it did not identify concrete corrective steps for the penalty-processing failure. The Commission…

May 16, 2024 ·FMSHRC
Procedural
ALJ

Secretary of Labor obo Kenneth M. Adkins v. Greenbrier Minerals, LLC

Equipment operator temporarily reinstated

Kenneth Adkins repeatedly documented safety problems with his assigned dozer, and an MSHA inspection followed after his wife reported the conditions. He later complained that reassignment to haul-truck work was retaliation and was terminated after a dispute about a work assignment. At the…

May 14, 2024 ·John T. Sullivan ·FMSHRC
Procedural
COMM

United States Department of Justice, Federal Bureau of Prisons, United States Penitentiary McCreary, Pine Knot, Kentucky and American Federation of Government Employees, Local 614, Council of Prison Locals 33

U.S. Penitentiary McCreary and AFGE Local 614 (FLRA 0-AR-5921): Authority upholds on-call phone overtime

Medical staff at U.S. Penitentiary McCreary rotated overnight on-call duty and answered calls requiring medical advice and prescriptions, but the agency stopped paying overtime for the calls. An arbitrator distinguished uncompensated availability from time spent performing the employees' principal…

May 10, 2024
Citations affirmed
COMM

Schooler v. Ford Motor Co.

SOX appeal withdrawn and dismissed

Charles Schooler alleged that Ford Motor Company retaliated against him in violation of the Sarbanes-Oxley Act. An administrative judge entered summary decision for Ford after finding that Schooler had not engaged in protected activity. Schooler missed the Board's opening-brief deadline and then…

May 6, 2024
Procedural
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex Lompoc, California and American Federation of Government Employees, Local 4397, Council of Prison Locals 33

Federal Correctional Complex Lompoc and AFGE Local 4397 (FLRA 0-AR-5866): Authority narrows discipline award

Federal Correctional Complex Lompoc temporarily reassigned an officer during an investigation into missed special-housing-unit rounds and later imposed a 14-day suspension. An arbitrator found that delayed investigation and inadequate process violated just-cause requirements, set aside the…

May 6, 2024
Modified
COMM

United States Department of Veterans Affairs, Veterans Health Administration and American Federation of Government Employees, National Veterans Affairs Council

Veterans Health Administration and AFGE National Veterans Affairs Council (FLRA 0-AR-5834): Authority remands firefighter accreditation dispute

VA firefighters had long used state-accredited training to satisfy agency certification requirements, but the agency later insisted on nationally accredited programs. An arbitrator found a 22-year enforceable past practice permitting the state training and ordered its continuation until the parties…

May 6, 2024
Remanded
COMM

New Prime, Inc.

In re New Prime, Inc. (EAB RCRA Appeal No. 24-(01)): review declined and initial decision becomes final

The Presiding Officer issued an Initial Decision and Order concerning New Prime, Inc. on March 27, 2024. Neither party appealed. The Environmental Appeals Board declined to exercise sua sponte review, so the Initial Decision and Order became a final order on May 13, 2024 under the cited EPA rules.

May 3, 2024 ·EPA EAB
Procedural
COMM

Clean Venture, Inc., also d/b/a ACV Enviro

In re Clean Venture, Inc., also d/b/a ACV Enviro (EAB CAA Appeal No. 24-06C): HFC-import settlement approved

Clean Venture, Inc., also doing business as ACV Enviro, imported bulk hydrofluorocarbons for a shipment that arrived in Wilmington, Delaware. EPA alleged that the company imported HFC-134a, R-407C, and R-404A without expending the required consumption or application-specific allowances. The…

May 2, 2024 ·EPA EAB
Settled
COMM

Hope v. Performance Food Service Corp.

Matter closed without a petition for review

Shane Hope alleged that Performance Food Service violated the Surface Transportation Assistance Act. An administrative judge dismissed the complaint after both parties failed to follow prehearing directives and failed to attend a conference. Hope then uploaded a copy of the judge's decision to the…

April 30, 2024
Procedural
ALJ

Secretary of Labor v. Morton Salt, Inc.

Ground-control and access citations upheld

Five litigated citations at Morton Salt's Weeks Island underground mine concerned loose ground, inadequate ground examinations, unsafe access near washouts, and folded matting in a passageway. The judge affirmed all five violations and their significant and substantial designations. Four were…

April 26, 2024 ·David P. Simonton ·FMSHRC
Mixed result
COMM

HVAC Services

In re HVAC Services (EAB CAA Appeal No. 24-05C): bulk HFC import settlement approved

HVAC Services provides heating and air conditioning services in Mission, Texas. EPA alleged that the company imported R-410A, R-407C, and R-404A from Mexico in April and May 2022 without expending the required allowances. The shipments totaled 10,920 kilograms of HFCs and entered the United States…

April 24, 2024 ·EPA EAB
Settled
COMM

American Federation of Government Employees, Local 2338 and United States Department of Veterans Affairs, John J. Pershing VA Medical Center

AFGE Local 2338 and John J. Pershing VA Medical Center (FLRA 0-AR-5895): Authority upholds nonselection grievance denial

A union steward applied for two VA labor-specialist vacancies, but the agency selected someone else for one and cancelled the other. The union alleged that anti-union animus caused both outcomes. Applying the Letterkenny discrimination framework, an arbitrator found protected activity and agency…

April 24, 2024
Citations affirmed
ALJ

Secretary of Labor v. Vulcan Construction Materials, LLC

Frozen eyewash station violated first-aid rule

Cold weather froze the water supply to the eyewash station in Vulcan's quarry maintenance shop, where miners handled battery acid, oils, and aerosol chemicals. Vulcan pointed to bottled drinking water in an adjacent office and small eyewash bottles stored on vehicles outside. The judge held that…

April 23, 2024 ·Jacqueline R. Bulluck ·FMSHRC
Citations affirmed
COMM

Parker Engineering and Mechanical, Inc.

In re Parker Engineering and Mechanical, Inc. (EAB CAA 24-04C): expedited settlement ratified

The Environmental Appeals Board issued a Final Order for Parker Engineering and Mechanical, Inc. on April 23, 2024. The order says that the Board ratified an Expedited Settlement Agreement and Consent Agreement under 40 C.F.R. § 22.18(b)-(c), and ordered the company to comply with that agreement…

April 23, 2024 ·EPA EAB
Settled
COMM

Andreski v. United States Marshals Service

CAARA appeal dismissed for failure to prosecute

Christopher Andreski filed a retaliation complaint against the United States Marshals Service under the Criminal Antitrust Anti-Retaliation Act. An administrative judge dismissed the OSHA complaint as outside the 180-day filing period. Andreski petitioned the Board for review, but he did not file…

April 22, 2024
Procedural
ALJ

Secretary of Labor v. Bradley T. Wiley, et al. and Vulcan Materials Company v. Secretary of Labor

Secretary of Labor v. Bradley T. Wiley, et al. (FMSHRC SE 2023-0013): MSHA jurisdiction attached before quarry production began

Vulcan was preparing a Georgia property for a future stone quarry when a Terra Excavating employee died in a compactor rollover before extraction or processing had begun. Vulcan, Terra, and contractor Bradley Wiley argued that MSHA lacked jurisdiction because the site was still in development. The…

April 18, 2024 ·Michael G. Young ·FMSHRC
Procedural
ALJ

Williams Brothers Construction Co., Inc.

Highway work-zone citation vacated

Williams Brothers Construction was preparing new traffic lanes at the I-69 and I-610 interchange in Houston during an overnight highway closure. A vehicle entered the closed work zone and struck three workers, including a Williams Brothers employee who suffered hip and rib fractures and other…

April 18, 2024 ·Sharon D. Calhoun ·OSHRC
Citations vacated
COMM

Matter of F-C-S-

Expedited-removal regulation does not apply to these section 240 proceedings

The Board reviewed a Salvadoran respondent’s challenge to the denial of withholding of removal and Convention Against Torture protection after the Immigration Judge excluded late-filed evidence. It held that 8 C.F.R. § 1240.17 applies only to respondents first placed in expedited removal whose…

April 16, 2024
Mixed result
COMM

Braun v. United Airlines, Inc.

AIR21 settlement approved and FOIA request denied

Michael Braun and United Airlines settled an AIR21 retaliation case while Braun's appeal from summary dismissal was pending. The Board reviewed the agreement only to determine whether it fairly and reasonably resolved the AIR21 claim. It rejected the parties' request to declare the agreement exempt…

April 16, 2024
Settled
COMM

Dick v. USAA

STAA retaliation dismissal affirmed

Curtis Dick alleged that USAA and Contracted Driver Services retaliated against him in violation of the Surface Transportation Assistance Act. The Board upheld the finding that Dick did not engage in protected activity during his USAA assignment because his concern about the electronic logging…

April 16, 2024
Citations affirmed
COMM

Little Leaf Farms, LLC

In re Little Leaf Farms, LLC (EAB CAA Appeal No. 24-03C): HFC import settlement approved

Little Leaf Farms, LLC imported 742 kilograms of XP40/R-449A refrigerant in 14 cylinders through New York and Newark. EPA alleged that the company imported the bulk regulated HFCs without expending the required allowances or obtaining a non-objection notice. The shipment was valued at $8,570 and…

April 15, 2024 ·EPA EAB
Settled
COMM

United States Department of Veterans Affairs, John J. Pershing Veterans' Administrative Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338

John J. Pershing Veterans' Administrative Center and AFGE Local 2338 (FLRA 0-AR-5945): Authority upholds Step 3 grievance filing

AFGE Local 2338 filed a grievance directly at Step 3 because it alleged an unfair labor practice, an equal-employment-opportunity violation, and discrimination against the union president. The VA then filed its own grievance claiming the union had violated the negotiated procedure by skipping Steps…

April 12, 2024
Citations affirmed
COMM

Solvay Specialty Polymers USA, L.L.C.

In re Solvay Specialty Polymers USA, L.L.C. (EAB EPCRA Appeal No. 24-01C): toxic chemical reporting settlement approved

Solvay Specialty Polymers USA, L.L.C. operated a facility in West Deptford, New Jersey. EPA alleged that the company failed to timely report nitric acid and nitrate compounds, and submitted significantly inaccurate quantities for hydrochloric acid aerosols and 1-chloro-1,1-difluoroethane, also…

April 11, 2024 ·EPA EAB
Settled
COMM

GSP Schiller LLC

In re GSP Schiller LLC (EAB NPDES Appeal No. 23-02): petition dismissed after settlement

Sierra Club and Conservation Law Foundation petitioned the Environmental Appeals Board to review conditions of an NPDES permit issued by EPA Region 1 to GSP Schiller LLC. The petition concerned NPDES Permit No. NH0001473. After participating in the Board's Alternative Dispute Resolution program…

April 10, 2024 ·EPA EAB
Procedural
ALJ

Secretary of Labor v. Nally & Hamilton Enterprises, Inc.

Ground-control citation upheld after falling-tree accident

A large tree fell from above a surface-mine highwall onto a pickup truck traveling below, killing one miner and seriously injuring another. The judge held that Nally & Hamilton violated its approved ground-control plan by leaving trees too close to the highwall edge without an adequate drop bench…

April 8, 2024 ·Michael G. Young ·FMSHRC
Mixed result
COMM

Schooler v. Ford Motor Co.

Board schedules dismissal of SOX appeal

Charles Schooler asked to dismiss his Sarbanes-Oxley Act appeal because he intended to seek de novo review in federal district court. The Board explained that dismissal before a federal complaint was filed could make the administrative judge's decision final and possibly prevent de novo…

April 5, 2024
Procedural
ALJ

Canyon Fuel Company, LLC v. Secretary of Labor

Expedited review of ventilation order denied

Canyon Fuel contested a section 104(d)(2) withdrawal order alleging that two converted mine seals lacked discharge pipes required by the approved ventilation plan. The company sought an expedited hearing, arguing that the plan language resulted from a mutual mistake and that prompt review would…

April 3, 2024 ·William B. Moran ·FMSHRC
Procedural
ALJ

U.S. Postal Service, dba Portland Processing and Distribution Center

Lockout and machine-guarding citations vacated

OSHA inspected the U.S. Postal Service's Portland processing and distribution center after a complaint and cited lockout, lockout-training, and machine-guarding conditions. The three contested items carried proposed penalties totaling $148,137. The judge found the lock-removal standard did not…

April 1, 2024 ·Christopher D. Helms ·OSHRC
Citations vacated
COMM

City of Rochester, New Hampshire

In re City of Rochester, New Hampshire (EAB NPDES Appeal No. 23-01): petition dismissed after withdrawal

The City of Rochester, New Hampshire, petitioned the Environmental Appeals Board to review its NPDES permit, which was identified as Permit No. NH0100668. On March 28, 2024, the City filed a notice withdrawing its petition. The City stated that the parties had executed an agreement for an…

March 29, 2024 ·EPA EAB
Procedural
COMM

Kreb v. Integra Aviation, LLC

Interlocutory appeal dismissed as moot

Robert Kreb sought interlocutory review of an administrative judge's rulings on adding parties and discovery in his AIR21 whistleblower case. The administrative judge later dismissed the complaint with prejudice, and Kreb filed a separate petition asking the Board to review that final dismissal and…

March 27, 2024
Procedural
ALJ

Kenvil United Corp., dba Kenvil Steel, Inc.

Steel-erection fall citation vacated

Kenvil Steel erected structural steel for a municipal-building project in Belle Mead, New Jersey. An OSHA compliance officer observed four employees working 15 to 30 feet above the ground and issued a repeat-serious fall-protection citation with a proposed $30,037 penalty. The judge found that one…

March 22, 2024 ·Carol A. Baumerich ·OSHRC
Citations vacated
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex Victorville, California and American Federation of Government Employees, Local 3969, Council of Prison Locals 33

Federal Correctional Complex Victorville and AFGE Local 3969 (FLRA 0-AR-5894): Authority upholds 19 overtime awards

Federal Correctional Complex Victorville temporarily placed an officer with heightened COVID-19 health risk in patrol work that remained eligible for overtime. The union alleged that managers repeatedly skipped him for assignments and inaccurately documented whether he was qualified or had…

March 22, 2024
Citations affirmed
COMM

SPORT Air Traffic Controllers Organization and United States Department of the Air Force, 412 Test Wing, Edwards Air Force Base, California

SPORT Air Traffic Controllers Organization and Edwards Air Force Base (FLRA 0-AR-5929): Authority upholds nonarbitrability ruling

The SPORT Air Traffic Controllers Organization repeatedly challenged whether a 1994 agreement remained in effect after the Air Force imposed later terms and an FLRA regional settlement restored the 2017 conditions. An arbitrator found the issue had been resolved through earlier charges, appeals…

March 20, 2024
Citations affirmed
ALJ

Secretary of Labor v. Heidelberg Materials Southwest Aggregates, LLC

Secretary of Labor v. Heidelberg Materials Southwest Aggregates (FMSHRC CENT 2023-0165): Cross-motions denied over disputed slurry-line facts

MSHA cited Heidelberg Materials after hot water and steam escaped from a clogged slurry line while four miners were working to clear it, injuring them. The citation alleged that the company violated 30 C.F.R. § 56.14105 by failing to block the hot water or steam against hazardous motion. Heidelberg…

March 19, 2024 ·Alan G. Paez ·FMSHRC
Procedural
COMM

Hanna v. Global Nuclear Fuel-Americas, LLC

Untimely ERA complaint dismissed

Gregory Hanna alleged that Global Nuclear Fuel-Americas retaliated against him for raising workplace safety concerns. The Energy Reorganization Act gave him 180 days after the alleged violation to file his complaint, and the filing period began when he received final and unequivocal notice of his…

March 19, 2024
Citations affirmed
ALJ

Mineral Manufacturing Corp. v. Secretary of Labor & Secretary of Labor v. Mineral Manufacturing Corp.

Mineral Manufacturing Corp. v. Secretary of Labor (FMSHRC SE 2023-0191): MSHA has jurisdiction over the Eufaula Plant

Mineral Manufacturing argued that its Eufaula Plant made ceramics and belonged under OSHA jurisdiction rather than MSHA jurisdiction. The judge found that the plant milled kaolin clay by crushing, reducing particle size, kiln treating, and sizing the material before selling the resulting mullite…

March 15, 2024 ·William B. Moran ·FMSHRC
Procedural
ALJ

Secretary of Labor v. Morton Salt, Inc. & Quinn Norwood

Secretary of Labor v. Morton Salt and Quinn Norwood (FMSHRC CENT 2022-0135): Blasting violation and individual liability affirmed

Morton Salt initiated three explosive rounds at its underground Weeks Island salt mine while four contractors remained underground and their tags still showed them in the mine. The judge affirmed a violation of 30 C.F.R. § 57.22601(a), finding that the incident was significant and substantial…

March 14, 2024 ·David P. Simonton ·FMSHRC
Mixed result
COMM

Scott v. E.O. Habhegger Company

STAA retaliation finding affirmed

Angelo Scott worked as a warehouse assistant for a company that supplied and serviced gas-pump equipment. He refused to ship fire extinguishers after another employee said covering their hazardous-material labels was illegal, and he raised that concern with management shortly before his employment…

March 14, 2024
Citations affirmed
ALJ

American Civil Constructors LLC, dba American Civil Constructors Mountain West

Excavator-bucket hazard citation affirmed

American Civil Constructors installed water pipe at a construction project in Aurora, Colorado. An excavator operator used a bucket to deliver a pipe plug to an employee in a trench, and the approximately 2,500-pound bucket detached and struck the employee, who died from his injuries. OSHA cited…

March 13, 2024 ·Brian A. Duncan ·OSHRC
Citations affirmed
COMM

United States Department of the Army, U.S. Army Garrison, Picatinny Arsenal, New Jersey and International Association of Firefighters, Local F-169

Picatinny Arsenal and IAFF Local F-169 (FLRA 0-AR-5864): Authority denies reconsideration of staffing-remedy remand

Picatinny Arsenal closed one of two fire stations and reduced per-shift staffing, and an arbitrator found a union grievance timely under a continuing-violation theory. The Authority previously dismissed some agency challenges that had not been presented to the arbitrator, rejected the remaining…

March 13, 2024
Procedural
ALJ

Secretary of Labor v. Prairie State Generating Company, LLC

Secretary of Labor v. Prairie State Generating Company (FMSHRC LAKE 2022-0017): Damaged continuous-miner cable violation affirmed

An MSHA inspector found a hole through the outer jacket of a 995-volt cable on a continuous mining machine at Prairie State's Lively Grove Mine. The judge found that the damaged jacket exposed the cable's interior and violated the requirement to insulate and protect power wires and cables. He also…

March 8, 2024 ·Michael G. Young ·FMSHRC
Modified
COMM

United States Department of Agriculture, Food and Nutrition Service and National Treasury Employees Union

USDA Food and Nutrition Service and NTEU (FLRA 0-AR-5787): Authority upholds detail-extension violations

The USDA Food and Nutrition Service extended several employee details from 120 to 240 days without reposting them, seeking volunteers, considering applicants, addressing an employee's hardship request, or notifying the union. An arbitrator found that the agreement's detailed procedures applied…

March 6, 2024
Citations affirmed
ALJ

Secretary of Labor v. Vulcan Construction Materials, LLC

Secretary of Labor v. Vulcan Construction Materials (FMSHRC SE 2023-0117): Unguarded ladderway citation affirmed

MSHA cited Vulcan Construction Materials because the opening at the top of a fixed ladder to an elevated conveyor walkway lacked a chain, gate, railing, or warning signal. Vulcan argued that the opening was not near a travelway and that miners did not work near it. The judge found that miners used…

March 5, 2024 ·John T. Sullivan ·FMSHRC
Citations affirmed
COMM

Robert Thomas v. CalPortland Company

Commission rejected but-for causation and dismissed complaint

The Ninth Circuit directed the Commission to apply but-for causation to Robert Thomas's claim that CalPortland retaliated for safety complaints and protected activity. The ALJ again found discrimination, but the Commission concluded that substantial evidence did not connect Thomas's protected…

March 1, 2024 ·FMSHRC
Citations vacated
COMM

Gulden v. Exxon Mobil Corporation

SOX interlocutory appeal denied

Two former Exxon Mobil scientists alleged that the company violated the Sarbanes-Oxley Act by firing them. OSHA ordered their preliminary reinstatement, but the company did not reinstate them, and an administrative judge later ruled that the Office of Administrative Law Judges lacked independent…

February 29, 2024
Procedural
COMM

National Treasury Employees Union and Federal Deposit Insurance Corporation

NTEU and Federal Deposit Insurance Corporation (FLRA 0-AR-5904): Authority upholds once-per-pay-period reporting rule

The FDIC expanded home-based telework but later required all teleworking employees to report to their official duty stations at least once per pay period. NTEU alleged that the reporting rule violated the revised telework article and repudiated the agreement. An arbitrator found the article…

February 29, 2024
Citations affirmed
COMM

Association of Civilian Technicians, Kentucky Long Rifle Chapter 83 and United States Department of the Army, National Guard Bureau, Kentucky Army National Guard

ACT Kentucky Long Rifle Chapter 83 and Kentucky Army National Guard (FLRA 0-AR-5823): Authority upholds technician-separation policy

The National Guard Bureau replaced a personnel rule that had allowed dual-status technicians who lost military membership to remain employed while disability-retirement claims were pending. After the Kentucky Army National Guard applied the new rule and separated a technician, the union alleged…

February 29, 2024
Citations affirmed

What these documents are

  • The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
  • Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.