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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MP Mine Operations LLC
In re MP Mine Operations LLC (EAB TSCA Docket No. TSCA-HQ-2021-5004): consent agreement ratified with $19,964 penalty
MP Mine Operations LLC voluntarily disclosed potential TSCA noncompliance involving an imported chemical identified in the agreement as Chemical A. The settlement addressed alleged violations involving importation of a new chemical without a Premanufacture Notice, required import certifications…
Moss v. CSX Transportation, Inc.
Medical-treatment claim denial affirmed
Locomotive engineer Edward Moss was operating a train when a person entered the track and was fatally struck. Moss told a supervisor that the crew should be relieved under company procedures, but he did not request medical treatment or hospital transportation and did not then know he had physical…
Fordham v. Fannie Mae
SOX complaint denial affirmed
Edna Fordham, an information-technology risk specialist at Fannie Mae, reported concerns about internal-control testing and documentation to management and federal agencies. After an earlier Board remand, the ALJ found that her protected SEC and housing-finance reports contributed to Fannie Mae…
Ellis v. Goodheart Specialty Meats
FSMA dismissal affirmed
Mary Ann Ellis alleged that Goodheart Specialty Meats terminated her because she complained about the safety and quality of a chicken product. The ALJ granted summary decision to the company after finding that Ellis could not establish essential elements of a Food Safety Modernization Act…
Novick v. Morgan Stanley Smith Barney, LLC
Appeal dismissed for missed briefing
Michael Novick appealed after an ALJ granted summary decision to Morgan Stanley Smith Barney on his Sarbanes-Oxley Act complaint. The Board extended his opening-brief deadline at his request. Novick missed the extended deadline, did not seek another extension or permission to file late, and…
Yadav v. Frost Bank
Reconsideration denied
Vinay Yadav alleged that Frost Bank took adverse actions against him in violation of the Sarbanes-Oxley Act. An ALJ dismissed the complaint for failure to state a claim and untimeliness, and the Board dismissed for the same reasons. Yadav sought panel and en banc rehearing, which the Board treated…
Garvey v. Morgan Stanley
Overseas SOX claim dismissed
Christopher Garvey worked in Tokyo and Hong Kong for foreign Morgan Stanley subsidiaries. He alleged that Morgan Stanley reduced his compensation and encouraged him to leave after he reported market manipulation, insider trading, tax fraud, and a possible cover-up. The Board held that the…
Matter of CRUZ-VALDEZ
Administrative closure restored
The Attorney General reviewed a case involving a request to administratively close removal proceedings while the respondent pursued a provisional unlawful presence waiver. The order vacated the earlier decision, overruled Matter of Castro-Tum, and restored the prior standard under Matter of…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Twenty-one-citation settlement approved
Warrior Met Coal Mining and the Secretary proposed resolving two penalty cases by reducing total penalties from $61,707 to $33,035. Nine citations remained unchanged, while twelve were modified on injury likelihood, number of persons affected, injury severity, or negligence. Judge Thomas P…
Secretary of Labor v. Mingo Logan Coal, LLC
Unmailed contest form excused
Mingo Logan Coal's assistant safety manager timely completed a form identifying ten citations for contest. A clerical error left the completed form unmailed, and an internal audit found the mistake about six weeks after the assessment became final. The company then contacted counsel to seek…
Secretary of Labor v. Pedrotti Materials, LLC
Misaddressed assessment never became final
Pedrotti Materials did not receive a proposed penalty assessment because MSHA mailed it to the wrong address. The Secretary confirmed the agency's addressing error. The Commission held that the assessment never became final because the operator had not received it, so Rule 60 reopening relief was…
Edwin Andujar Bermudez, d/b/a Truly Nolen Pest Control de Caguas
In re Edwin Andujar Bermudez, d/b/a Truly Nolen Pest Control de Caguas (EAB FIFRA Appeal No. 21-(01)): Board declines review and initial decision becomes final
Edwin Andujar Bermudez, doing business as Truly Nolen Pest Control de Caguas, was the respondent in an EPA administrative proceeding. On June 3, 2021, the Regional Judicial Officer issued and served an Initial Decision and Default Order. Neither party appealed. The Environmental Appeals Board…
Briggs & Stratton, LLC
In re Briggs & Stratton, LLC (EAB CAA Appeal 21-01C): mower certification settlement approved
Briggs & Stratton manufactures outdoor power equipment with nonroad engines. The Consent Agreement states that the company produced approximately 2,194 model year 2021 zero-turn mowers before the application date of the applicable certificate of conformity, and that the mowers were therefore not…
Silky Associates, LLC
In re Silky Associates, LLC (EAB RCRA (9006) Appeal 21-02): default order affirmed
The EPA Region 3 Regional Judicial Officer found Silky Associates in default after it failed to answer an administrative complaint alleging five Underground Storage Tank violations. The Default Order assessed a $186,095 penalty. Silky later asked the EAB to cancel the order and argued that its…
Far From Broken Auto Sales, Inc. d/b/a/ Smart Choice Auto Sales, Inc.
Roof and ladder violations affirmed
Far From Broken Auto Sales bought, repaired, and sold used vehicles at a Florida property. Its employee replaced damaged plywood on a low-slope shed roof more than eight feet above the ground without fall protection and used an unsecured ladder placed in front of a doorway and open to vehicle…
Matter of S-L-H- & L-B-L-
Late arrival justified reopening
The Board reviewed a mother and son's motion to reopen after the mother arrived 40 minutes late to a removal hearing and an in absentia order was entered. It held that severe, unforeseeable snow and traffic conditions, supported by affidavits and weather and traffic reports, may qualify as…
Manoharan v. HCL America, Inc.
Interlocutory appeal dismissed
Vimalraj Manoharan alleged that HCL America failed to pay required H-1B wages and retaliated against him. An ALJ granted summary decision on the wage claim, allowed the retaliation claim to continue, and denied Manoharan's recusal motion. Manoharan sought immediate Board review of the wage and…
Ho v. Air Wisconsin Airlines
Discovery dismissal affirmed
Aircraft mechanic Danny Ho alleged that Air Wisconsin terminated him after he reported safety concerns. During the administrative case, the ALJ ordered him to attend an oral deposition, arranged for a Cantonese interpreter, warned him repeatedly about dismissal, and postponed the hearing twice to…
Dolan v. Aero Micronesia, Inc.
Limited AIR21 relief affirmed
Pilot and check airman Brian Dolan alleged that Asia Pacific Airlines retaliated after several aviation-safety reports and an unsuccessful line check he conducted on another pilot. The ALJ found that removing Dolan from future check rides was retaliation for protected activity and awarded $5,000…
Administrator, Wage and Hour Div. v. Vasquez Drywall, LLC
Administrator's appeal dismissed
The Wage and Hour Division Administrator was the prosecuting party in a case against Vasquez Drywall, LLC. The Administrator notified the Board that she had decided not to petition for review and moved to dismiss the appeal. The Board granted the motion and dismissed the petition for review. This…
Secretary of Labor obo Ryan S. Lemley v. Monongalia County Coal Resources, Inc.
Temporary reinstatement granted
Ryan Lemley, a belt cleaner at Monongalia County Mine, alleged that the operator discharged him after years of reporting safety issues, accompanying inspectors, and filing complaints with MSHA. The Secretary's investigator cited those activities, management's alleged hostility, different treatment…
Yadav v. Frost Bank
SOX complaint dismissed
Vinay Yadav alleged that Frost Bank retaliated against him in violation of the Sarbanes-Oxley Act through actions tied to his employment and later legal proceedings. The Board held that alleged actions before July 12, 2019 were outside the 180-day filing period. Yadav's FBI complaint did not…
Matter of Jorge MORADEL
Simple-possession waiver available to special immigrant juvenile
The Board reviewed a Special Immigrant Juvenile's application for adjustment of status after a New Jersey conviction for possessing 50 grams or less of marijuana. It held that the waiver available under section 245(h)(2)(B) can cover inadmissibility for a single offense of simple possession of 30…
Jamek Engineering Services, Inc.
Wage award and debarment remanded
Jamek Engineering Services painted a federally funded apartment project and was found by an ALJ to have underpaid workers, submitted deficient payrolls, made improper union-fee deductions, and committed violations warranting three years of debarment. The Board held that Jamek's internal payroll…
Harvestland Constructors, Inc.
Fatal fall citation vacated for lack of employer knowledge
Harvestland Constructors was building a feed mill in Georgia when an experienced carpenter fell 38 feet through an uncovered floor opening and died from his injuries. The carpenter had been assigned to cover the openings and was not using the available personal fall-arrest system when he fell. The…
Matter of A-B-
Prior private-violence precedents vacated
The Attorney General reviewed the earlier decisions in Matter of A-B- that addressed asylum claims involving persecution by private actors and membership in a particular social group. The order vacated both earlier decisions and instructed immigration judges and the Board not to follow them in…
Matter of L-E-A-
Family social-group precedent vacated
The Attorney General reviewed a prior decision that limited when a nuclear family could qualify as a particular social group in asylum cases. The Attorney General vacated that decision in its entirety and instructed immigration judges and the Board not to follow it in pending or future cases while…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Temporary reinstatement affirmed
Alvaro Saldivar alleged that Grimes Rock terminated him one day after his latest safety complaint and after repeated requests for equipment-specific task training. The Judge found the discrimination complaint was not frivolously brought and ordered temporary reinstatement. Grimes Rock challenged…
Robert Thomas v. Calportland Company
Discrimination claim remanded for but-for analysis
Robert Thomas alleged that CalPortland suspended and terminated him because he exercised rights protected by the Mine Act. The Commission had reversed an Administrative Law Judge's finding of discrimination and dismissed the case for lack of evidence that protected activity motivated the adverse…
Dohogne v. Terminal Railroad
Appeal dismissed for failure to prosecute
Patricia Dohogne had an appeal pending before the Administrative Review Board against Terminal Railroad. The Board ordered her to explain by May 31, 2021 why the appeal should not be dismissed for failure to prosecute. Dohogne did not respond to that order and did not file the brief required by the…
Clem v. Computer Sciences Corp.
$112,120 in attorneys' fees awarded
Kirtley Clem and Matthew Spencer prevailed on Energy Reorganization Act whistleblower complaints against Computer Sciences Corporation after a remand and a second appeal. Their attorneys requested $112,120 for 304.8 hours of work before the Board, using hourly rates from $275 to $500. The Board…
Chambers v. BNSF Railway Co.
Reconsideration denied
Gregory Chambers alleged that BNSF Railway terminated him for reporting an injury in violation of the Federal Railroad Safety Act. An ALJ dismissed the complaint, and the Board affirmed because substantial evidence supported BNSF's affirmative defense. Chambers then sought reconsideration by…
Secretary of Labor v. Vulcan Construction Materials, LLC
Brake-system citation vacated
MSHA cited Vulcan Construction Materials after an inspector heard air escaping from a water truck's rear brake chamber at the South Russellville Quarry. The service and parking brakes both held the truck, but the Secretary argued that the audible release showed a brake-system component was not…
Matter of D-G-C-
Continued religious activity did not excuse late asylum filing
The Board reviewed a Chinese respondent's appeal after an Immigration Judge denied his asylum and withholding of removal applications. The respondent had been detained and beaten in China for Christian proselytizing, then filed his asylum application more than one year after entering the United…
Secretary of Labor v. Naselle Rock and Asphalt Company
Pandemic-delayed contests reopened
Naselle Rock and Asphalt received two proposed penalty assessments on March 23, 2020. Its offices closed one week later as a COVID-19 safety precaution, and personnel did not return until the week the assessments became final. Naselle mailed its contest forms on April 23, one day after the…
Secretary of Labor v. Peabody Midwest Mining, LLC and Secretary of Labor v. Michael Butler, employed by Peabody Midwest Mining, LLC
Secretary of Labor v. Peabody Midwest Mining, LLC and Michael Butler (FMSHRC LAKE 2019-0361): Methane orders affirmed and examination order modified
A contractor's drill breached old mine workings at Peabody Midwest Mining's Francisco Mine and released methane that repeatedly registered above five percent. Mine manager Michael Butler allowed six miners to continue pulling drill rods with the drill energized for at least 30 minutes despite the…
Corbin v. Norfolk Southern Railway Co.
Railroad retaliation dismissals affirmed
Norfolk Southern employees Gerald Corbin and Christopher Kopf raised concerns about operating a locomotive long hood forward because of limited visibility and diesel exhaust. Both were later suspended during an investigation into leaving work without following instructions, Corbin was discharged…
Yates v. Superior Air Charter LLC
$115,510.10 in attorneys' fees awarded
Pilot Colin Yates prevailed on an AIR21 retaliation complaint after the Board affirmed his damages award with one modification. His attorneys requested $127,865.50 in fees and $1,072.01 in costs for their work before the Board. The Board accepted the full request from one firm but reduced the other…
Springfield Water and Sewer Commission, Springfield Regional Wastewater Treatment Facility
In re Springfield Water and Sewer Commission (EAB NPDES Appeal No. 20-07): Review denied for wastewater permit challenge
The Springfield Water and Sewer Commission operates a wastewater treatment facility and combined sewer collection system in Massachusetts. EPA Region 1 issued an NPDES permit authorizing discharges to the Connecticut River, including a total nitrogen limit intended to address nitrogen-driven…
Administrator, Wage and Hour Div., USDOL v. Sun Valley Orchards, LLC
H-2A back wages and penalties affirmed
Sun Valley Orchards hired H-2A and domestic farmworkers to harvest produce and used its supervisor to manage their meals, housing, transportation, and pay. The Board held that the supervisor acted as Sun Valley's agent when he charged workers for an undisclosed meal plan, sold beverages at a…
Huang v. Greatwide Dedicated Transport II, LLC
Retaliation damages affirmed
Truck driver Theodore Huang reported suspected hours-of-service violations to Greatwide, copied supporting timekeeping documents, and selectively recorded a dispatch meeting. Greatwide suspended him less than four days after he identified himself as the author of anonymous safety letters and fired…
SIP Insulation Professionals, LLC
Three construction items vacated because company was not the employer
Workers were erecting a building with structural insulated panels at an Alabama construction site when OSHA observed alleged aerial-lift, roof fall-protection, and equipment-modification violations. OSHA issued the three-item citation to SIP Insulation Professionals, LLC. The central issue was…
Govindarajan v. N2 Services, Inc.
Reconsideration denied
The Board dismissed Vasanth Govindarajan's complaint after he failed to serve his opening brief on N2 Services and did not explain that failure in response to a show-cause order. Govindarajan sought reconsideration, saying he misunderstood the show-cause order and had not received the briefing…
System Tech, Inc. v. USDOL, Administrator, Wage and Hour Div.
Telecommunications wage rate affirmed
System Tech received a telecommunications subcontract for two Department of Energy lease-build facilities at the Idaho National Laboratory campus. It asked to add a Telecommunications Installer classification at $15 per hour plus $4.75 in fringe benefits. The Wage and Hour Division rejected that…
Haynes v. Union Pacific Railroad Co.
Complaint dismissed after removal to district court
Brad Haynes appealed an ALJ's order canceling a formal hearing and dismissing his Federal Railroad Safety Act case against Union Pacific Railroad. While the Board appeal was pending, Haynes notified the Board that he had filed an original action in the U.S. District Court for the Western District…
Maxim Crane Works
General-industry fall standard applied to crane disassembly at rental yard
Maxim Crane Works disassembled a crawler crane at its Pennsylvania maintenance yard so it could be transported to a customer's construction site. An employee working without fall protection on the lowered lattice boom fell about nine and a half feet when a boom section shifted, sustaining a…
Secretary of Labor v. American Sand Company, LLC
Unmarked penalty contest reopened
American Sand timely contested three of four penalties on an assessment, but MSHA's stamped copy showed the fourth contest box was unmarked. The company later sent a letter explaining why it challenged that penalty and filed a reopening motion within 30 days after receiving a delinquency notice…
PMI International Stone Importers
Stone-slab fall-shadow hazard violated general duty clause
PMI International Stone Importers received bundles of stone slabs weighing about 7,000 pounds in shipping containers at its New Jersey warehouse. Employees routinely entered the containers and guided unsecured bundles while standing in the area where a bundle could fall. During one unloading…
Secretary of Labor obo Alvaro Saldivar vs. Grimes Rock, Inc.
Secretary of Labor obo Alvaro Saldivar v. Grimes Rock, Inc. (FMSHRC WEST 2021-0178 DM): Immediate reinstatement ordered
Alvaro Saldivar alleged that Grimes Rock fired him one day after his latest safety complaint about mine equipment and after repeated requests for task-specific training. Grimes Rock relied on disciplinary write-ups but did not call witnesses to establish its asserted reason for the termination, and…
Secretary of Labor v. James Irvin, Agent of Rhino Eastern, LLC, Eagle 3 Mine
Secretary of Labor v. James Irvin, Agent of Rhino Eastern, LLC (FMSHRC WEVA 2017-0561): Mistakenly ignored default reopened
James Irvin did not answer a civil-penalty petition, and a show-cause order became a default order. He explained that MSHA had sent a letter saying all charges were dropped, so he believed later correspondence was an oversight and the matter had settled. The Secretary did not oppose reopening but…
Secretary of Labor v. Southwest Energy, LLC
Misdirected penalty contest reopened
Southwest Energy attempted to contest a proposed penalty but mailed the form to a St. Louis post office box instead of MSHA's Civil Penalty Compliance Office in Arlington. After discovering the addressing mistake, the company tried to resend the contest but encountered pandemic-related mail…
Secretary of Labor v. Arnold Hoskins
Reopening motion denied as moot
Arnold Hoskins asked the Commission to reopen a $4,800 penalty matter after MSHA sent him a delinquency notice. The Chief Administrative Law Judge had previously ordered the Secretary to file a penalty petition and explain the delay. When the Secretary did not comply, the case was dismissed on…
Mitchell v. National Railroad Passenger Corp. (AMTRAK)
Complaint dismissed after removal to district court
Robert Mitchell appealed an ALJ's dismissal of his Federal Railroad Safety Act case against Amtrak. Three days after the ALJ decision, Mitchell filed an original action in the U.S. District Court for the Eastern District of Pennsylvania under 49 U.S.C. § 20109(d)(3). He later notified the…
Kossen v. Empire Airlines
Interlocutory recusal appeal denied
Darren Kossen asked the Administrative Review Board to review an ALJ's denial of reconsideration in his AIR21 case against Empire Airlines. The Board treated his filing as a request for interlocutory review of the ALJ's refusal to recuse. Kossen alleged bias because the judge had ruled against him…
Secretary of Labor obo Timothy Barnes v. Warrior Met Coal Company, LLC
Longwall operator temporarily reinstated
Timothy Barnes raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…
Secretary of Labor obo Brandon Hall v. Warrior Met Coal Company, LLC
Longwall operator temporarily reinstated
Brandon Hall raised safety concerns about a missing fire extinguisher, worn shearer bits, elevated methane, and thick gob while operating a longwall at Warrior Met Coal's No. 7 Mine. Management later suspended him for stopping production, reduced the discipline to a two-week suspension and…
Marusak v. Burlington Northern Santa Fe Railway (BNSF)
Interlocutory appeal dismissed
Chad Marusak sought Board review of an interlocutory issue in his Federal Railroad Safety Act case against BNSF and Sema Construction. The Board ordered him to explain why it should hear the appeal before a final ALJ decision and warned that failure to respond could lead to dismissal. Marusak filed…
Secretary of Labor v. Sikes Concrete, Inc.
Unopposed assessment reopening granted
Sikes Concrete asked the Commission to reopen a penalty assessment that had become a final order. The Secretary did not oppose the motion. The order does not describe the facts that caused the missed contest or explain the basis for relief. The Commission reopened the matter and remanded it to the…
Windfall Oil & Gas, Inc.
In re Windfall Oil & Gas, Inc. (EAB UIC Appeal No. 21-01): Reissued injection-well permit review denied
Darlene Marshall challenged EPA Region 3's reissued Underground Injection Control permit for Windfall Oil & Gas's Zelman #1 Class II injection well in Clearfield County, Pennsylvania. The petition raised concerns about the Area of Review, nearby wells, migration of injection fluid, seismic…
McCurry v. Kenco Logistic Services, LLC
Surprise summary-decision ground vacated
Edith McCurry alleged that Kenco Logistic Services retaliated against her for protected Food Safety Modernization Act activity by denying long-term disability benefits. Kenco sought summary decision based on collateral estoppel and lack of jurisdiction, but the ALJ instead ruled that the record…
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.