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.
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Szmurlo v. ThyssenKrupp Elevator
Interlocutory appeals dismissed
Pete Szmurlo filed a Sarbanes-Oxley Act retaliation complaint against ThyssenKrupp Elevator and sought immediate review of several ALJ orders about discovery, a subpoena, sanctions, and related issues. The ARB held that the challenged orders could be reviewed after the ALJ issued a final decision…
Matter of P-A-C-
Discretionary relief denied while withholding affirmed
The Board reviewed a Cameroonian respondent's appeal from the denial of asylum, adjustment of status, and cancellation of removal as matters of discretion. The Immigration Judge had granted withholding of removal to Cameroon, but denied the other applications after weighing the respondent's family…
Matter of H-I-A-H-
Asylum grant remanded for credibility and relocation findings
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision granting asylum to a Nicaraguan national. It found that the Immigration Judge's favorable credibility finding did not meaningfully address inconsistencies in testimony, witness accounts, and…
Matter of H-L-S-M-
CAT deferral grant vacated for insufficient individualized evidence
The Board reviewed the Department of Homeland Security's appeal from a grant of deferral of removal under the Convention Against Torture to an applicant for removal to Mexico and Guatemala. The applicant feared harm from gang members because he had cooperated with law enforcement in the United…
Matter of A-C-M-
Safe-third-country bar remanded for prompt decision
The Board reviewed the Department of Homeland Security's interlocutory appeal from an Immigration Judge's refusal to decide a motion to pretermit a Cuban respondent's asylum, withholding, and Convention Against Torture applications without a full evidentiary hearing. DHS argued that an asylum…
MSE Supplies, LLC
In re MSE Supplies, LLC (EAB FIFRA Appeal No. 26-02C): misbranded-device settlement approved
MSE Supplies, LLC imported and distributed water-treatment devices that made claims about purifying water and using a germicidal lamp. EPA alleged that the devices were misbranded because their labels lacked the establishment number for the EPA-registered establishment where they were produced, and…
Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, Council 215, AFL-CIO
Social Security Administration and AFGE Council 215 (FLRA WA-CA-20-0257): Authority dismisses Skype-status complaint
The Social Security Administration made explicit a requirement that employees keep an accurate Skype status while working both remotely and at an agency office. AFGE Council 215 alleged that the agency committed an unfair labor practice by implementing the policy without notice and an opportunity…
Disciplinary Proceeding In Re Andy Carson
Attorney discipline inquiry sent for hearing
An Administrative Law Judge referred attorney Andy Carson for possible discipline after Carson accused the Judge of bias and of seeking to aid false testimony. The Commission had already rejected those accusations while deciding the related mine case. It made a preliminary finding that further…
Matter of Ricardo MOMPLAISIR
DHS records properly authenticated and proceedings remanded
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision terminating proceedings against a lawful permanent resident. The Immigration Judge had excluded a Form I-213 and Form I-94 because DHS had not shown that the records were properly authenticated. The…
Matter of Felipe De Jesus HERRERA-NUNEZ
Sua sponte reopening denied
The Board denied a Mexican respondent's untimely motion to reopen removal proceedings that had become final in 2015 and denied his request for a stay as moot. The respondent sought sua sponte reopening so he could pursue adjustment of status based on his 2019 marriage and pending visa petition, and…
Matter of Felipe De Jesus HERRERA-NUNEZ
Stay request should first go to DHS
The Board addressed a Mexican respondent's request for a stay of removal filed with a motion to reopen. The Board held that an alien subject to a final removal order should first request a stay from the Department of Homeland Security and provide proof of that request before the Board considers a…
Secretary of Labor on behalf of Nicholas Rubio v. Castle Mountain Venture
Blanket settlement seal vacated
The Secretary and Castle Mountain settled a miner discrimination complaint, and the operator asked to seal the entire settlement based on an unspecified business interest and a separate confidentiality agreement with the miner. The Administrative Law Judge granted that request over the Secretary's…
United States Department of Transportation, Federal Aviation Administration and Professional Aviation Safety Specialists, AFL-CIO
Federal Aviation Administration and PASS (FLRA 0-AR-5807): Authority sets aside excused-absence award
Three Federal Aviation Administration employees at higher risk from COVID-19 requested excused absences for days when they had to perform mission-critical work on site. An arbitrator found that the agency violated the collective-bargaining agreement, an agency memorandum, and policy by denying…
Secretary of Labor on behalf of Brek Pinkerton v. RMC Mining Development, LLC, et al.
Default reopening denied
Matthew Head asked the Commission to reopen a default decision finding Mine Act discrimination and imposing a $30,000 civil penalty plus $88,497 in damages. He argued that he missed notices sent to an old business email, misunderstood which respondent would handle the case, and believed parts of…
Adm'r, Wage & Hour Div., USDOL v. Ace Amusements
H-2B violations affirmed in part and remanded in part
Ace Amusements and Midway West Amusements operated carnivals and received certification to employ H-2B workers. After investigating, the Department of Labor found violations involving wages, worker placement, and cooperation with the investigation. The ALJ found twelve violations, reversed the…
Matter of S-E-M-Z-
Family social distinction must be countrywide
The Board reviewed DHS's appeal from an Immigration Judge's grant of statutory withholding of removal to a Honduran applicant who feared MS-13 gang members because she opposed their recruitment of her daughter. The Board held that the social-distinction element of a family-based particular social…
Prkic v. Sezzle, Inc.
Appeal dismissed for lack of supporting evidence
Maria Prkic asked the Administrative Review Board to intervene after her Sarbanes-Oxley Act case had been remanded to the ALJ for further proceedings. She claimed that the ALJ had issued a favorable decision on April 10, 2026, but the ARB found no evidence that such an order existed. The Board…
Matter of I-S-M-
Identity finding upheld and relief denied
The Board dismissed an appeal from an Immigration Judge's denial of applications for asylum, withholding of removal, and protection under the Convention Against Torture. It upheld the finding that the respondent had not credibly established his identity or nationality, citing inconsistent names…
Matter of J-O-A-
Health care fraud barred withholding, CAT denied
The Board reviewed a Nigerian respondent's case after a federal conviction for health care fraud and a remand from the Third Circuit. It held that the conviction was for a particularly serious crime because the statute requires fraudulent conduct and the respondent's offense caused a $2.65 million…
Riverdale Mills Corporation
EAJA fee application denied
Riverdale Mills manufactures coated wire mesh at a facility in Northbridge, Massachusetts. The underlying OSHA cases followed an employee's serious injury in a coating line and produced a mixed merits decision that affirmed three citation items and vacated several lockout/tagout and…
Secretary of Labor v. Ramaco Resources, LLC
Six late penalty contests reopened
Ramaco sought to reopen six proposed penalty assessments after its notices of contest were filed one day late. The assessments had been forwarded to the company's vice president of law five days after receipt, and he mistakenly calculated the deadline from the forwarding date. The Secretary did not…
Matter of N-A-G-C-
Bond order vacated for applicant for admission
The Board reviewed DHS's appeal from an Immigration Judge's decision releasing a Salvadoran respondent from custody on a $4,000 bond. The respondent had entered the United States without admission or parole, had previously been designated an unaccompanied child, and had an approved Special…
eMagin Corporation
In re eMagin Corporation (EAB TSCA Appeal No. 26-02C): self-disclosed chemical violations settled
eMagin Corporation voluntarily disclosed that it had imported ten chemical substances between 2020 and 2025 before submitting required Premanufacture Notices or low-volume exemption applications. EPA also alleged that eMagin failed to submit required import certifications and manufactured…
Matter of I-U-V
Withholding grant vacated and protection claims remanded
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision granting withholding of removal to a Russian national. The Board held that harm experienced while a person is a minor does not automatically constitute persecution and must be assessed with the…
Robert Thomas v. CalPortland Company and Secretary of Labor v. CalPortland Company
Robert Thomas v. CalPortland Company (FMSHRC WEST 2018-0402-DM): Discrimination relief reinstated and damages ordered
Robert Thomas brought a Mine Act discrimination case against CalPortland arising from his suspension and termination. After the Ninth Circuit vacated the Commission's contrary decision and the Commission remanded for damages, Judge Alan G. Paez reinstated the earlier back-pay and attorney-fee…
Duggan v. FreedomRoads LLC
Case remanded for reconsideration
Daniel Duggan petitioned the Administrative Review Board after an ALJ dismissed his Consumer Financial Protection Act case. He also asked the Board to hold his petition while the ALJ considered his timely motion for reconsideration. The ARB explained that the motion extended the review period but…
In re Hacker
Case dismissed for lack of jurisdiction
Rachel Hacker asked the Administrative Review Board to review a Wage and Hour Division letter declining to accept information about alleged H-2B violations by Whitepine Forestry. The ARB ordered her to explain why the matter was within its jurisdiction and ripe for review, but she did not file the…
Oyola v. Washington Metropolitan Area Transit Authority
Dismissal vacated and case remanded
Kendrick Oyola brought whistleblower claims under the National Transit Systems Security Act and the Affordable Care Act against the Washington Metropolitan Area Transit Authority. The ALJ dismissed the complaint with prejudice after addressing a venue issue, but Oyola had not filed a federal court…
In re Jefferson
Appeal dismissed for lack of jurisdiction
Patricia Jefferson asked the Administrative Review Board to review a Wage and Hour Division decision declining to investigate her overtime complaint. She also raised claims involving an on-the-job injury, disability accommodations, and federal employee compensation. The ARB explained that its…
Artis v. Atlanta Cheesecake Co.
TFA retaliation complaint dismissed
Dorothy Artis alleged that Atlanta Cheesecake Co. retaliated against her under the Taxpayer First Act after she filed an EEOC charge. The charge primarily described sexual harassment and race discrimination and briefly mentioned an employee working illegally under a false name. The ARB held that…
Balasubramanian v. New Town Public Schools
Settlement dismissal affirmed
Sivasubramanian Balasubramanian alleged that New Town Public Schools violated an H-1B labor condition application by failing to pay the required wage. The parties later entered a settlement that the ALJ found fair, reasonable, and fully completed, then dismissed the case with prejudice. On appeal…
H.G. Arias & Associates, LLC
Hazard-communication training citation vacated
H.G. Arias & Associates was an El Paso staffing agency that supplied temporary employees to Stampcoat, a metal-products manufacturer. OSHA originally issued three serious citation items, withdrew two before trial, and pursued a $9,680 hazard-communication training item concerning four Arias…
Matter of A-H-D-
Withholding grant remanded for further findings
The Board reviewed DHS's appeal from an Immigration Judge's grant of withholding of removal to a Mauritanian respondent. The Board held that a three-day detention with one beating and no significant injury did not establish persecution, and that the record did not show the Mauritanian Government…
Matter of L-A-D-
Asylum and withholding denied, CAT claim remanded
The Board reviewed DHS's appeal from an Immigration Judge's grant of asylum to a Mexican respondent who proposed a particular social group based only on a diagnosis of schizoaffective disorder. The Board held that the proposed group was not sufficiently particular or socially distinct and that the…
United States Department of Health and Human Services, Indian Health Service and Laborers' International Union of North America, Local 5251
Indian Health Service and LIUNA Local 5251 (FLRA 0-AR-6095): Authority sets aside classification award
An Indian Health Service pharmacy technician claimed that she regularly performed GS-7 duties while holding a GS-6 position and sought a promotion, backpay, and an updated position description. An arbitrator treated the dispute as a temporary-promotion claim and ordered an immediate temporary…
Secretary of Labor v. Quikrete Construction Materials, LLC
Staffing-gap default reopened
Quikrete failed to contest a proposed penalty assessment while responsibility for penalty filings was changing between plant managers. The former manager had resigned, and the assessment arrived six days before the new manager began. Quikrete discovered the default after outside counsel found the…
Secretary of Labor v. Mountain Stone Aggregates
Misaddressed assessment never became final
Mountain Stone asked to reopen a proposed penalty assessment that appeared to have become final. Postal tracking showed that MSHA's mailing was not delivered because the address was insufficient, and the operator reported repeated mailings to the wrong address. The Secretary did not oppose relief…
Secretary of Labor v. Stillwater Mining Company
Docketing-error default reopened
Stillwater was defaulted after the Commission had no record of an answer to an order to show cause. The company produced postal tracking records showing that it timely mailed an answer but had omitted the docket number, which may have prevented proper docketing. It moved to reopen within two weeks…
Secretary of Labor v. Hoopers Creek Stone, LLC
Unexplained default request denied
Hoopers Creek failed to answer the Secretary's penalty petition and then did not respond to an order to show cause, causing the Judge's default order to become final. The company later submitted a late answer that the Commission treated as a possible request to reopen. The filing did not explain…
Matter of G-L-C-
Asylum grant vacated after particularly serious crime finding
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision granting asylum to a transgender woman from Jamaica. The Board held that her conviction for possessing a controlled substance with intent to deliver was a particularly serious crime that barred…
Secretary of Labor v. Paulsen Inc.
Vague reopening request denied
Paulsen asked the Commission to reopen a proposed penalty assessment that had become final after no timely contest was filed. Its aggregate division manager said the penalties were paid by mistake because she believed the citations involved another Paulsen location. The Commission found that…
Secretary of Labor v. GMS Mine Repair & Maintenance, Inc.
Mine safeguard enforced against contractor
GMS, an independent contractor at Buchanan Mine No. 1, admitted that one of its miners drove past a red block light and caused a head-on rail collision that seriously injured multiple miners. It argued that the mine-specific safeguard could not be enforced against it because MSHA had issued the…
Wang v. Capgemini America Inc.
Section 11(c) appeal dismissed
John Xiaozhong Wang asked the Administrative Review Board to review OSHA's dismissal of his complaint against Capgemini America Inc. He alleged that the company violated Section 11(c) of the Occupational Safety and Health Act in connection with his termination. The ARB explained that the Secretary…
Matter of I-B-M-S-, et al.
Change of venue vacated and proceedings remanded
The Department of Homeland Security appealed an Immigration Judge's decision granting the respondents' request to change venue from Boston to Chelmsford after their individual hearing had begun. The Board held that the Immigration Judge did not properly weigh the good-cause factors, did not fully…
Delta Western, LLC
In re Delta Western, LLC (EAB CAA Appeal No. 26-06C): fuel-importer compliance settlement approved
Delta Western, LLC imports gasoline and diesel fuel from Canada into Alaska and Washington. EPA alleged that Delta Western imported fuel without registering the fuels or itself as an importer, failed to sample and test the fuel before distribution, and did not meet reporting, recordkeeping…
National Treasury Employees Union, Chapter 337 and Commodity Futures Trading Commission
NTEU Chapter 337 and Commodity Futures Trading Commission (FLRA 0-NG-3675): Authority rejects remote-work proposal
NTEU Chapter 337 proposed a remote-work program for Commodity Futures Trading Commission employees. One section would give an employee 60 days to return to the reporting office after the agency terminated a remote-work agreement, unless misconduct required a shorter period. The Authority held that…
Secretary of Labor v. W.G. Yates & Sons Construction Company
Hot-work fire citation affirmed
Yates was cutting steel in a phosphate mine building when hot slag entered an uncovered drain and ignited a rubber-lined discharge pipe. The fire burned for about 17 minutes, produced thick black smoke, and required the mine rescue team to extinguish it after six fire extinguishers proved…
United States Department of Homeland Security, U.S. Customs and Border Protection and American Federation of Government Employees, Local 2499, National Border Patrol Council
U.S. Customs and Border Protection and AFGE Local 2499 (FLRA 0-AR-5872): Authority narrows vehicle-policy bargaining award
AFGE Local 2499 challenged Customs and Border Protection's refusal to negotiate proposals related to a revised vehicle-pursuit policy. An arbitrator interpreted the parties' agreement as granting the union a right to initiate midterm bargaining and found that the agency violated both the agreement…
United States Department of Transportation, Federal Aviation Administration and National Air Traffic Controllers Association
Federal Aviation Administration and NATCA (FLRA 0-AR-6045): Authority remands discipline award for clarification
An arbitrator overturned a 14-day suspension of an air traffic controller after finding that the agency denied due process and lacked just cause. The Federal Aviation Administration argued that the award was contrary to law and based on nonfacts. The Authority could not tell whether the arbitrator…
Matter of Y-H-L-
Reconsideration and reopening denied
The Board denied a Chinese respondent's motion to reconsider and motion to reopen after it had previously dismissed her appeal from the denial of asylum and withholding of removal. The Board held that the respondent had not shown an error in requiring reasonably available corroboration for her…
Matter of V-A-B-
Withholding vacated, CAT claim remanded
The applicant, a Mexican citizen, sought withholding of removal based on abuse by her former husband and a proposed group of married Mexican women unable to leave their relationships. The Immigration Judge granted withholding, but the Board held that the group was circularly defined and lacked…
Secretary of Labor v. Mitsubishi Cement Corporation
Unsupported default request denied
Mitsubishi timely contested an MSHA citation but later defaulted after the Commission received neither its answer to the penalty petition nor its response to an order to show cause. The company said its safety superintendent had prepared both answers, but it supplied no filing documentation and the…
Secretary of Labor v. Nally & Hamilton Enterprises, Inc.
Six reopening motions denied
Nally sought to reopen six penalty assessments after mine personnel decided to contest them but emails to counsel were either not received or overlooked. The communication failures continued for about three months, and the company did not explain why its system failed. MSHA also sent delinquency…
Matter of Rasheen Stefan BEST
Waiver and adjustment grants vacated
The Board reviewed the Department of Homeland Security's appeal from an Immigration Judge's decision granting a Barbados citizen a waiver of inadmissibility and adjustment of status. The Board held that the emotional and financial difficulties the respondent's wife, children, and mother would face…
Matter of C-P-Y-
Most recent arrival controls serious crime bar
The respondent, a Mexican citizen and lawful permanent resident, appealed denials of cancellation of removal, asylum, withholding of removal, and CAT protection. The Board held that the serious nonpolitical crime bar refers to the respondent's most recent arrival in the United States, not only the…
MDLG, Inc., dba Phenix Lumber Company
Twenty-eight violations and $2.47 million penalty affirmed
MDLG operated Phenix Lumber Company, where an employee died after falling into a woodchipper auger while trying to clear a jam. OSHA cited five serious violations, 22 willful-serious violations, and one repeat violation involving lockout/tagout, guarding, fall protection, powered industrial trucks…
Joseph Anthony Reyna
Authority declines guidance extending federal labor law to nonemployees
Joseph Anthony Reyna, acting as founder and director of a nonprofit organization, asked the Authority to explain whether nonemployees performing agency-oversight or compliance work could receive protections similar to federal employees and labor organizations. The Authority began with the statutory…
Matter of C-L-R-
Safeguards upheld in withholding-only proceedings
The Board reviewed an appeal by a Honduran applicant with serious mental health conditions whose withholding-only proceedings included a finding of incompetence and appointment of a qualified representative. The Board held that the Immigration Judge provided adequate safeguards, including…
Matter of J-E-L-
CAT deferral vacated
The respondent, a Mexican citizen, sought protection under the Convention Against Torture based on threats, shootings, and a kidnapping in Mexico after he had worked with United States authorities. The Immigration Judge granted CAT deferral, but the Board held that the record did not show a clear…
ConforMatic Inc.
In re ConforMatic Inc. (EAB CAA Appeal No. 26-05C): bulk HFC-import settlement approved
ConforMatic Inc. is an air-conditioning services company headquartered in San Juan, Puerto Rico. EPA alleged that ConforMatic imported about 33,662 kilograms of bulk hydrofluorocarbons in 2022 without first expending required allowances, obtaining a non-objection notice, or filing the required…
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.