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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Trivedi v. General Electric
Recusal and second reconsideration motions denied
After the Board affirmed dismissal of Madhuri Trivedi's SOX and Consumer Financial Protection Act complaint as years late and denied reconsideration, Trivedi filed repeated motions seeking recusal of the panel, vacatur, and en banc rehearing. The Board treated the filings as a second…
GreenBuild Design & Construction, LLC
In re GreenBuild Design & Construction, LLC (EAB TSCA Appeal No. 22-(06)): EAB declines sua sponte review
The Administrative Law Judge issued an Initial Decision in the GreenBuild Design & Construction matter on December 12, 2022. Neither party appealed to the Environmental Appeals Board. The Board declined to review the case on its own initiative, so the Initial Decision became a final order on…
American Federation of Government Employees, Local 3197 and United States Department of Veterans Affairs, Puget Sound Health Care System, Seattle, Washington
AFGE Local 3197 and VA Puget Sound (FLRA 0-AR-5811): Authority dismisses late attorney-fee exceptions
An arbitrator awarded environmental-differential pay to VA Puget Sound housekeepers but later denied AFGE Local 3197's request for attorney fees. The Union did not file exceptions within thirty days of the fee award and instead asked the arbitrator to reconsider it. The arbitrator denied…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Bastrop, Texas and American Federation of Government Employees, Local 3828, Council of Prison Locals #33
Bureau of Prisons Bastrop and AFGE Local 3828 (FLRA 0-AR-5785): Authority declines interlocutory laches review
AFGE Local 3828 filed a grievance alleging that the Bureau of Prisons failed to compensate Bastrop employees for work performed at the beginning and end of their shifts. After a five-year delay before the Union sought a hearing, an arbitrator rejected the agency's laches defense because the…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Haul-truck railing settlement approved
MSHA cited two hazards on the same haul truck at Appalachian Resource West Virginia’s Tug Fork Preparation Plant. One citation involved a loose railing at the top of an eight-to-nine-foot ladder, and the other involved the equipment operator’s failure to wear a seat belt. The settlement changed the…
TH Construction Group
Late-contest dismissal set aside and remanded
OSHA issued TH Construction Group four serious citation items with proposed penalties totaling $15,214. The company's owner later requested a late notice of contest, claiming OSHA had told him not to worry after he promptly supplied information that another contractor employed the workers. An…
Shanker, Chief, Div. of Enforcement, OLMS, USDOL v. Patent Office Professional Association
Shanker v. Patent Office Professional Association (DOL ARB 2023-0001): stay of supervised election denied
The Board had voided the Patent Office Professional Association's 2020 presidential election because the union failed to honor a reasonable request to distribute campaign literature, and it ordered a new supervised election by March 16, 2023. The union sought a stay until its regular November 2023…
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC and Secretary of Labor v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2022-0013): Cross-review cases consolidated for briefing
The Secretary of Labor, Vulcan Construction Materials, and miner Jason Hargis each petitioned the Commission to review rulings in related proceedings. The Commission granted all three review petitions and consolidated the cases. It set the same deadlines for each party's opening, response, and…
Artsen Chemical America, LLC
In re Artsen Chemical America, LLC (EAB CAA Appeal No. 23-02C): greenhouse-gas reporting settlement approved
Artsen Chemical America, LLC is a New Jersey supplier headquartered in Madison. The Consent Agreement states that the company imported at least 25,000 metric tons of carbon-dioxide-equivalent greenhouse gases in one or more years from 2010 through 2020, and that it did not timely report its imports…
American Federation of Government Employees, Local 446 and United States Department of Veterans Affairs, Medical Center, Asheville, North Carolina
AFGE Local 446 and VA Asheville Medical Center (FLRA 0-AR-5828): Authority upholds same-shift detail practice
The VA Asheville Medical Center considered only second-shift employees for a temporary detail to a second-shift supervisory position. AFGE Local 446 argued that the agreement required the agency to let employees on every shift apply. An arbitrator found the agreement silent on that question and…
United States Department of the Interior, National Park Service and American Federation of Government Employees, Local 407
National Park Service and AFGE Local 407 (FLRA 0-AR-5765): Authority upholds duty-station bargaining remedy
The National Park Service reviewed employees' duty stations and retroactively corrected some locations without advance notice to AFGE Local 407. An arbitrator found that the review was a personnel survey covered by the agreement and ordered the agency to conduct a new survey, notify the Union…
Secretary of Labor v. Iron Cumberland, LLC
Combustible-accumulation settlement approved
The settlement covered two specially assessed section 104(d)(2) orders for extensive combustible-material accumulations along the Cumberland Mine’s 6 Mains West No. 1 belt. The first order identified ten locations, including material contacting moving rollers and one smoking accumulation; the…
Williams v. QVC, Inc.
Denial of SOX complaint affirmed
Fabfabio Williams, an IT security architect, reported concerns about the quality and cost of an outside vendor's vulnerability reports and about hiring candidates he considered unqualified. The Board agreed with the administrative judge that these reports were not objectively reasonable reports of…
Smith v. Franciscan Physician Network
Late appeal accepted after time-zone mistake
Dr. Annette Smith filed her petition for review at 10:47 p.m. in California on the due date, but that was 1:47 a.m. the next day in Washington and therefore one hour and 47 minutes late under the Board's Eastern Time filing rule. Smith had become self-represented only days earlier, and neither the…
National Treasury Employees Union, Chapter 149 and United States Department of Homeland Security, U.S. Customs and Border Protection, Hidalgo, Texas
NTEU Chapter 149 and CBP Hidalgo (FLRA 0-AR-5820): Authority upholds rescission of lane agreement
NTEU Chapter 149 challenged Customs and Border Protection's rescission of a local agreement that limited how often employees rotated through primary vehicle-processing lanes. The arbitrator found the agreement was a local mutual agreement under the parties' 2017 national contract and that the…
Smith v. Akal Express, Inc.
Extra-record evidence excluded
Akal Express and Dalsher Singh appealed after they failed to appear below and were held in default on Shervis Smith's STAA complaint. They asked the Board to add a prior court ruling and Smith's Facebook posts, claiming the material showed a pattern of deceptive claims and fraud on the tribunal…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Blasting, training, and equipment settlement approved
This settlement resolved sixteen citations that had been moved from the related WEVA 2022-0301 docket. One equipment citation remained at $4,624 after ten defects were found on a haul truck and eight remained uncorrected thirteen days later, prompting a section 104(b) order. Three other citations…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Equipment and ground-control settlement approved
The settlement resolved seventeen citations at Appalachian Resource West Virginia’s Grapevine South Surface Mine after sixteen other citations were moved to a separate docket. Seven equipment citations had led to section 104(b) failure-to-abate orders involving defects such as oil leaks, damaged…
Matter of Yun-Xia CHEN
Stop-time rule and physical-presence breaks treated separately
The Board reviewed a motion to reopen based on the Supreme Court’s notice-to-appear decisions. It held that the stop-time rule is triggered by service of a statutorily compliant notice to appear or specified criminal conduct, not by entry of a final removal order. It also held that breaks in…
Harp USA, Inc.
In re Harp USA, Inc. (EAB CAA Appeal No. 23-01C): greenhouse-gas reporting settlement approved
Harp USA, Inc. is a Florida corporation headquartered in Fort Lauderdale. The Consent Agreement states that Harp imported at least 25,000 metric tons of carbon-dioxide-equivalent greenhouse gases in calendar years 2017, 2018, and 2019, but did not timely submit the required annual reports for those…
A Crane Rental LLC
Personnel-platform case remanded under creating-employer theory
A Crane Rental provided a crane and operator to hoist another contractor's employees to a communications tower. OSHA alleged that the operator lifted three people in a personnel basket rated for two and failed to ensure that the required pre-lift meeting included the workers being hoisted. An…
Secretary of Labor obo George Porter v. Pacer Minerals, LLC
Temporary reinstatement ordered
George Porter alleged that Pacer Minerals laid him off eight days after he reported working near six undetonated explosive charges at the Pink Monster Mine. The Secretary’s investigator stated that mine management knew the explosives were present but did not explain the danger when directing Porter…
Fraternal Order of Police, DC Lodge 1 and United States Department of Defense, Pentagon Force Protection Agency
FOP DC Lodge 1 and Pentagon Force Protection Agency (FLRA 0-AR-5806): Authority upholds fitness-for-duty award
A Pentagon police officer sought to return from Family and Medical Leave Act leave after an off-duty injury, but did not provide requested medical information to the agency office responsible for fitness-for-duty reviews. The agency placed her on leave without pay, and an arbitrator denied the…
Administrator, Wage and Hour Div., USDOL v. Graham and Rollins, Inc.
Extension for Secretarial-review petition denied
The Board had ruled on December 22, 2022 that the Equal Access to Justice Act applied to H-2B enforcement matters, but it denied Graham and Rollins's fee request on other grounds. The Wage and Hour Division sought more time to petition the Secretary for review. Sitting en banc, the Board held that…
U.S. Department of Energy and Triad National Security, L.L.C.
In re U.S. Department of Energy and Triad National Security, L.L.C. (EAB NPDES Appeal No. 22-01): Permit remanded for Outfall 051 data review
Concerned Citizens for Nuclear Safety, Honor Our Pueblo Existence, and Veterans for Peace challenged EPA Region 6's NPDES permit for Los Alamos National Laboratory. Their challenge focused on Outfall 051, which authorizes treated wastewater discharges from the Radioactive Liquid Waste Treatment…
Office of Federal Contract Compliance Programs, USDOL v. WMS Solutions, LLC
Secretary remands discrimination remedies for fuller relief
WMS Solutions supplied demolition, lead, and asbestos-mitigation workers on a federal construction project. The company had been found liable for discriminatory hiring, hours, and compensation, and for failing to maintain a workplace free of harassment and coercion. The Secretary of Labor reviewed…
Administrator, Wage and Hour Div., USDOL v. Graham and Rollins, Inc.
Employer denied attorney fees despite defeating H-2B enforcement
Graham and Rollins defeated an H-2B enforcement action seeking $16,560 in outbound transportation costs because the action was filed outside a five-year limitations period. An administrative law judge then awarded the employer $22,100 in attorney fees under the Equal Access to Justice Act. A Board…
Univar Solutions USA Inc.
In re Univar Solutions USA Inc. (EAB MM 22-01C): chemical-safety and reporting settlement approved
EPA alleged that Univar Solutions USA Inc. violated Clean Air Act chemical accident prevention and general-duty requirements at facilities in Rhode Island, Pennsylvania, and Colorado, and failed to retain records supporting 2015 toxic-chemical release reports at its Denver facility. The alleged…
Greasy Greg's, LLC, Posey's Mech-Elec Repair, LLC, and Greg S. Posey
In re Greasy Greg's, LLC, Posey's Mech-Elec Repair, LLC, and Greg S. Posey (EAB CAA Appeal No. 22-(03)): EAB declines sua sponte review
The Presiding Officer issued an Initial Decision and Default Order in the matter of Greasy Greg's, LLC, Posey's Mech-Elec Repair, LLC, and Greg S. Posey on November 16, 2022. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative, so the Initial…
United States Department of Defense, Education Activity, Alexandria, Virginia and Federal Education Association
DOD Education Activity and Federal Education Association (FLRA 0-AR-5509): Authority restores appraisal-system award
The Department of Defense Education Activity replaced a negotiated educator appraisal system with the Defense Performance Management and Appraisal Program. An arbitrator found the change violated the agreement and 5 U.S.C. § 7116(a)(1) and (7), and ordered the agency to restore the prior system…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Lifeline over hoses violated the escape standard
Consol operated the Harvey Mine, where an emergency lifeline ran directly above nine hydraulic hoses in a longwall escapeway. The hoses extended as much as 43 inches into the route and rose as high as 38 inches above the floor. The Commission held that a lifeline is not located for effective escape…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Settlement-document review request was premature
The Secretary moved to approve settlements in two proceedings involving Appalachian Resource West Virginia. The judge certified for immediate review whether the Secretary had to provide related section 104(b) orders when requested. The Commission noted that the judge had not yet granted or denied…
Perkins v. Cavicchio Greenhouses, Inc.
Reconsideration denied, whistleblower claim returns for a hearing
Stephen Perkins alleged that Cavicchio Greenhouses fired him for conduct protected by the Affordable Care Act. The Board had vacated the dismissal of his claim and ordered further proceedings, but the company asked it to reconsider. The Board held that the company repeated arguments already…
Eustis Cable Enterprises, Ltd.
Training and equipment violations affirmed after fatal line-work incident
Eustis Cable Enterprises was a communications contractor installing fiberoptic cable in rural upstate New York. A foreman died while traversing a support strand about twenty feet above the ground to repair a malfunctioning lasher at an offroad worksite. The judge found that Eustis failed to ensure…
Secretary of Labor v. Rulon Harper Construction, Inc.
Settlement denial accepted for immediate review
A judge denied amended settlement motions because the submitted facts did not show that the proposed terms were fair, reasonable, appropriate, or protective of the public interest. The judge certified that denial for interlocutory review. The Commission accepted the certification and agreed to…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Failure-to-abate order disclosure certified
This reallocated docket included a haul-truck citation under 30 C.F.R. § 77.1606(c) for ten safety defects. The inspector granted additional time for repairs, but the record then showed that a section 104(b) failure-to-abate order had been issued. The Secretary sought settlement approval at the…
Secretary of Labor v. Appalachian Resource West Virginia, LLC
Failure-to-abate disclosure question certified
The Secretary sought approval of a settlement covering numerous mobile-equipment citations but refused the Judge’s repeated requests for seven associated section 104(b) failure-to-abate orders. Counsel for Appalachian Resource West Virginia confirmed the orders and supplied information that the…
Secretary of Labor obo Moses Ortiz v. Mario Sinacola & Sons Excavating, Inc., et al.
Secretary of Labor obo Moses Ortiz v. Mario Sinacola & Sons Excavating, Inc. (FMSHRC CENT 2022-0028): Discrimination complaint dismissed
The Secretary alleged that Mario Sinacola & Sons Excavating discharged Moses Ortiz for safety complaints and for asserting a right to contact MSHA. The evidence centered on an April 2021 call after Ortiz objected to his supervisor’s conduct, declined a transfer, demanded that the supervisor be…
Secretary of Labor vs. Genesis Alkali, LLC
Amended settlement denial accepted for review
A judge denied amended settlement filings in three Genesis Alkali proceedings. She found inadequate support for deleting a significant and substantial designation in one case and for preserving seven citations while vacating eighteen others in the related cases. The Commission treated earlier…
Pension Benefit Guaranty Corporation, Washington, D.C. and Independent Union of Pension Employees for Democracy and Justice
Pension Benefit Guaranty Corporation and IUPEDJ (FLRA WA-CA-20-0196): Authority dismisses dues-withholding complaint
The Pension Benefit Guaranty Corporation and the Union had a memorandum setting three dues-withholding tiers based on employees' pay grades. The General Counsel alleged that the agency repudiated the memorandum by not automatically raising individual deductions when employees moved into higher…
Matter of Fermin MARISCAL-HERNANDEZ
Routine traffic stop did not require a suppression hearing
The Board reviewed a Mexican respondent’s challenge to evidence obtained during an Immigration and Customs Enforcement stop and arrest. It held that a routine law-enforcement stop, without more, did not establish a prima facie or egregious Fourth Amendment violation. Unsupported assertions and…
Susan Shultz
In re Susan Shultz (EAB CERCLA No. 22-01, RCRA No. 22-01, CAA No. 22-04): filing dismissed for lack of jurisdiction
Susan Shultz asked the Environmental Appeals Board to review concerns arising from a reported mercury release at a residence in Ridgecrest, California. Her filing sought an imminent and substantial danger order, review of a preliminary site assessment issue, a site assessment, criminal sanctions…
United States Marine Corps, Marine Corps Air Ground Combat Center, Twentynine Palms, California and American Federation of Government Employees, Local 2018
Marine Corps Twentynine Palms and AFGE Local 2018 (FLRA 0-AR-5703): Authority preserves temporary-promotion award
A GS-9 Marine Corps protocol specialist sought a temporary promotion after performing the established duties of a GS-12 protocol officer. An arbitrator found that the parties' agreement required the promotion and awarded up to 120 days of higher-grade backpay. The Authority returned to its earlier…
TForce Freight, Inc.
In re TForce Freight, Inc. (EAB RCRA 3008 22-03C): hazardous-waste compliance settlement approved
TForce Freight, Inc. operated 174 freight distribution and transportation facilities that generated hazardous waste. EPA alleged that the company failed in some instances to file accurate hazardous-waste notifications, meet generator requirements, complete land-disposal determinations, submit…
UHS of Denver, Inc., d/b/a Highlands Behavioral Health System
Workplace-violence case remanded for economic-feasibility findings
OSHA cited the operator of a psychiatric hospital under the general duty clause for failing to protect employees from patient violence. The administrative law judge affirmed the citation and an $11,934 penalty after treating the economic feasibility of OSHA's proposed safeguards as established…
American Federation of Government Employees, Local 2076, National Citizenship and Immigration Service Council and United States Department of Homeland Security, U.S. Citizenship and Immigration Services
AFGE Local 2076 and USCIS (FLRA 0-AR-5800): Authority upholds dismissal filed in wrong office
AFGE Local 2076 grieved a new U.S. Citizenship and Immigration Services training program, alleging that the agency failed to bargain before implementing it. The arbitrator found that the program affected about 4,000 employees nationwide, making the dispute a national grievance under the parties'…
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Ashland, Kentucky and American Federation of Government Employees, Local 1286, Council of Prison Locals #33
FCI Ashland and AFGE Local 1286 (FLRA 0-AR-5782): Authority upholds award-compliance jurisdiction
An arbitrator had found that FCI Ashland failed to compensate employees properly under the Fair Labor Standards Act and retained jurisdiction over implementation of the make-whole remedy. After the agency contacted employees directly about settlements, payments, and waivers, the arbitrator ordered…
Social Security Administration and Association of Administrative Law Judges, International Federation of Professional and Technical Engineers
Social Security Administration and AALJ (FLRA 0-AR-5772): Authority remands eyewear-reimbursement award
The Social Security Administration stopped reimbursing administrative law judges for certain eye exams and prescription glasses or contacts used for screen-intensive work. An arbitrator found the reimbursements lawful, held that ending them violated the agreement and federal labor law, and ordered…
United States Department of the Army, Army Materiel Command, Army Security Assistance Command, Redstone Arsenal, Alabama and National Federation of Federal Employees, Local 1332
Army Security Assistance Command and NFFE Local 1332 (FLRA 0-AR-5665): Authority narrows interlocutory review
NFFE Local 1332 alleged that the Army Security Assistance Command misclassified employees under the Fair Labor Standards Act and owed them overtime. Before reaching the merits, the arbitrator found the grievance procedurally arbitrable. The Authority revised its interlocutory-review standard and…
Secretary of Labor v. Bluestone Oil Corporation
S&S removal authority accepted for review
A judge denied a proposed settlement because the Secretary did not provide factual support for removing the significant and substantial designations from two citations. The judge certified the denial for interlocutory review. The Commission granted review to decide whether the Secretary has…
Secretary of Labor v. Greenbrier Minerals, LLC
S&S removal authority accepted for review
A judge denied a proposed settlement because the Secretary did not provide enough information to support removing a significant and substantial designation. The judge certified the denial for interlocutory review. The Commission granted review to decide whether the Secretary has unreviewable…
Secretary of Labor v. Perry County Resources, LLC
Settlement-document dispute accepted for review
A judge denied a proposed settlement after the Secretary refused to provide a related section 104(b) order. The judge also declined to certify the settlement denial for immediate review, so the Secretary petitioned the Commission directly. The Commission granted interlocutory review to decide…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Slurry citation reduced to non-S&S
CONSOL's Bailey Mine preparation plant had wet coal slurry and fine magnetite covering a walkway near a step, with a leaking pipe overhead and a missing light. CONSOL conceded that the accumulation violated the travelway standard. Judge Sullivan found that the material could obscure the step, but…
Scott v. E.O. Habhegger Co.
Premature appeals dismissed while damages remain unresolved
Angelo Scott alleged that E.O. Habhegger Company retaliated against him in violation of the Surface Transportation Assistance Act. An administrative law judge found unlawful retaliation and ordered reinstatement but left the record open for evidence about back pay and other damages. Both parties…
Rene Silverio Gonzalez/RG Roofing
Late contest dismissed and relief from final order denied
OSHA issued RG Roofing three serious citations involving head protection, residential fall protection, and ladder use, with a proposed penalty of $8,097. The company received the citation but did not submit a written notice of contest within 15 working days, so the citation became a final…
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC and Secretary of Labor v. Vulcan Construction Materials, LLC
Secretary of Labor obo Jason Hargis v. Vulcan Construction Materials, LLC (FMSHRC SE 2022-0013): Injury reporting affirmed and discrimination complaint dismissed
Jason Hargis injured his back while handling crusher liner plates at Vulcan's Wilson County Quarry and was placed on restricted duty. Judge Young held that the injury was reportable because Hargis could not perform all his duties and management knew of that limitation, and he assessed a $300…
Matter of Policarpo TRIANA
Approved visa petition did not foreclose the approvable-when-filed inquiry
The Board reviewed a Mexican respondent’s request for adjustment of status under section 245(i) and cancellation of removal. It held that USCIS approval of a visa petition filed by the statutory deadline does not prevent an Immigration Judge from deciding whether the petition was approvable when…
Matter of Viney K. GUPTA, Attorney
Attorney disbarred for practicing while suspended
The Board considered a joint disciplinary notice concerning an attorney who continued practicing before the Board, the Immigration Courts, and the Department of Homeland Security while suspended. It held that knowingly disregarding the prior suspension and falsely stating on appearance notices that…
Berberich v. Kansas City Southern Ry. Co.
Administrative appeal dismissed after federal court filing
Justin Berberich appealed an administrative law judge's decision in his Federal Railroad Safety Act case against Kansas City Southern Railway Company. While the appeal was pending, he informed the Board that he had filed an action in federal district court in Kansas for a fresh review of his claim…
Secretary of Labor v. Peabody Midwest Mining, LLC
Commission review direction vacated
The Commission had granted the Secretary's petition to review the administrative law judge's decision in September 2020. It later vacated that direction for review. As a result, the judge's decision became final without a Commission merits ruling.
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.