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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Secretary of Labor v. Oak Grove Resources, LLC
Conference-process mistake supported reopening
Oak Grove Resources requested a conference on a section 104(b) order and told the inspector that it intended to challenge the order. The operator believed it did not need to file a contest until the conference process ended and repeatedly sought the result from MSHA. After MSHA told the operator…
Secretary of Labor v. William Tackitt
Mine closure and individual-assessment confusion supported reopening
William Tackitt received an individual penalty assessment under section 110(c) while the mine that employed him was closed. The mine had a reliable contest procedure but was unfamiliar with individual assessments and had already contested the related assessments issued against the operator. Counsel…
OFCCP v. Oracle America, Inc.
Office of Federal Contract Compliance Programs v. Oracle America, Inc. (DOL ARB 2020-0072): case closed after agency declined exceptions
The Office of Federal Contract Compliance Programs brought this case against Oracle America under Executive Order 11246. An ALJ issued a recommended decision and order on September 22, 2020. OFCCP later notified the Board that it would not file exceptions and asked that the matter be closed. The…
Mawhinney v. Transport Workers Union, Local 591
Union dismissed from aviation retaliation case
Robert Steven Mawhinney alleged that Transport Workers Union Local 591 colluded with American Airlines and others to discharge him in violation of AIR21's aviation whistleblower protections. The union sought dismissal through motions for summary decision and dispositive action. The Board reviewed…
Administrator, Wage and Hour Div., USDOL v. Doctor's Help, Inc.
Administrator, Wage and Hour Division v. Doctor's Help, Inc. (DOL ARB 2018-0038): H-1B back-wage award affirmed
Doctor's Help, a medical training and staffing business, sponsored Kelly Silva for an H-1B visa but lost the contract under which she was expected to work. Silva entered the United States, performed some work, and remained available for work, but the company did not pay her wages or reimburse her…
Manoharan v. HCL America, Inc.
H-1B retaliation claim remanded for agency determination
H-1B worker Vimalraj Manoharan alleged that HCL America failed to pay required wages and terminated him for protected conduct. The Wage and Hour Division found wage violations but did not say whether it had investigated or decided the retaliation claim. The ALJ dismissed that claim because an…
Matter of Jesus A. MELGAR, Respondent
Matter of Jesus A. MELGAR (BIA ID 4002): ineffective-assistance claim did not justify reopening
The Board denied a Salvadoran respondent's timely motion to reopen based on alleged ineffective assistance by the attorney who continued to represent him. The Board held that counsel's acceptance of responsibility did not replace the requirement to notify appropriate disciplinary authorities under…
Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.
Accounting and training claims did not prove discrimination
Pete Tartaglia alleged that Freeport-McMoRan Bagdad breached an earlier settlement, improperly recouped money from his pay, and disciplined him in retaliation for Mine Act activity. Judge David Simonton found that the company fulfilled the settlement and that the payroll deductions recovered a…
City and County of San Francisco
In re City and County of San Francisco (EAB NPDES Appeal No. 20-01): Permit conditions upheld
The City and County of San Francisco challenged EPA Region 9's authorization for discharges from its combined sewer system and wastewater treatment facility into the Pacific Ocean. The challenge covered a narrative prohibition against violating water-quality standards, reporting of isolated sewer…
Secretary of Labor v. Industrial Process Equipment Constructors
Family illness supported reopening two defaults
Industrial Process Equipment Constructors answered two show-cause orders late because the responsible employee mistakenly believed she had 30 days to respond. During that period, she was caring for several ill family members, her mother died, and the company had lost the secretary who normally…
Secretary of Labor v. Iron Mountain Quarry, LLC
Unserved show-cause order prevented default
Iron Mountain Quarry did not answer a penalty petition, and an ALJ show-cause order appeared to convert into a default. The operator and its counsel had no record of receiving the petition or later documents, and the Secretary could not provide proof of delivery. The Commission found that the…
Secretary of Labor v. Holcim (US) Inc.
One order was vacated and the other was timely contested
Holcim sought to reopen contests of two section 104(b) withdrawal orders. The first order had already been contested with its underlying citation and was vacated by the Secretary in an approved settlement, making reopening moot. For the second order, Holcim's reopening motion was filed three days…
Secretary of Labor v. Image Materials
Allegedly lost answer sent back for good-cause finding
Image Materials defaulted after it appeared not to answer the Secretary's penalty petition or the ALJ's show-cause order. The operator said it timely sent its contest to MSHA's Dallas office and later sent it again to the Arlington office, but the filing was lost after receipt. The Secretary did…
Katz v. Underwriter's Laboratories
Katz v. Underwriters Laboratories (DOL ARB 2021-0006): untimely Sarbanes-Oxley appeal dismissed
Gene Katz alleged that Underwriters Laboratories fired him for reporting unlawful conduct in violation of the Sarbanes-Oxley Act. An ALJ dismissed the complaint on September 30, 2020, and Katz petitioned for review 22 days later, beyond the 14-day deadline. The Board found no basis for equitable…
Rothschild v. BNSF Railway Co.
Rail retaliation ruling reversed and remanded under causation standard
BNSF Railway disciplined Herbert Rothschild for failing to contact an appropriate supervisor before seeking medical treatment after an injury. An ALJ ruled for Rothschild, reasoning that his protected injury report and the disciplinary decision were inextricably intertwined. The Board held that…
Tony L. Brown and Joshua A. Brown d/b/a Riverview Cattle
In re Tony L. Brown and Joshua A. Brown d/b/a Riverview Cattle (EAB CWA Appeal No. 20-(04)): EAB declines review and Initial Decision becomes final
Tony L. Brown and Joshua A. Brown, doing business as Riverview Cattle, were respondents in an EPA Clean Water Act penalty proceeding. An Administrative Law Judge issued an Initial Decision and Order on October 15, 2020, and neither party appealed. The Environmental Appeals Board declined to review…
Holtec Decommissioning International LLC
In re Holtec Decommissioning International, LLC (EAB NPDES Appeal No. 20-03): petition dismissed after settlement
Holtec Decommissioning International, LLC, Holtec Pilgrim, LLC, and Entergy Nuclear Operations, Inc. petitioned the Environmental Appeals Board to review a permit renewal for the Pilgrim Nuclear Power Station in Massachusetts. The permit authorized continued surface-water intake and certain…
Matter of Roberto Carlos PADILLA RODRIGUEZ, Respondent
Matter of Roberto Carlos PADILLA RODRIGUEZ (BIA ID 4001): terminated TPS did not cure inadmissibility
The Board reviewed the Department of Homeland Security's appeal after an Immigration Judge terminated removal proceedings against a Salvadoran respondent who had entered the United States without admission or parole and later received temporary protected status. The Board held that terminating TPS…
Administrator, Wage and Hour Div., USDOL v. CTO/CHF Partnership
Administrator, Wage and Hour Division v. CTO/CHF Partnership (DOL ARB 2020-0022): dismissal of H-2A claims involving J-1 participants affirmed
The Wage and Hour Division assessed Cider Hill Farm for unpaid wages, benefits, and penalties under the H-2A agricultural worker program. Part of the assessment treated 24 J-1 exchange program participants as workers in corresponding employment with H-2A workers. The ALJ held that the regulatory…
Secretary of Labor v. Inwood Quarry, Inc.
Address error supported vacating default
Inwood Quarry said it never received the hearing packet or the ALJ's show-cause order before the case defaulted. The penalty assessment form listed the company's correct post-office box, but the certificate of service and later show-cause order used a different address. The Secretary did not oppose…
Secretary of Labor v. Imerys Carbonates USA, Inc.
Misdirected contest package supported reopening
MSHA issued Imerys 130 citations during a nine-week inspection and divided them between two proposed assessments. Imerys timely mailed two contest packages, but sent them with payments to MSHA's St. Louis address instead of the contest address in Arlington. Only the first package was forwarded…
Novartis Pharmaceuticals Corporation
In re Novartis Pharmaceuticals Corporation (EAB RCRA Appeal No. 20-01): permit remanded and petition dismissed without prejudice
Novartis Pharmaceuticals Corporation petitioned the Environmental Appeals Board to review a RCRA permit for its facility in East Hanover, New Jersey. Novartis and EPA Region 2 later entered settlement negotiations and resolved their differences about technical details in the permit. The parties…
Secretary of Labor v. Huber Carbonates, LLC
Settled withdrawal order made reopening moot
Huber Carbonates sought permission to file a late contest of a section 104(b) withdrawal order. The company had already timely contested the penalty assessment for the underlying citation, which allowed the withdrawal order to be challenged in that penalty case. While the reopening motion was…
Johnson v. Michigan Carpet Delivery
Appeal dismissed for missing briefing deadline
The Board ordered Michael Johnson to file his opening brief by October 22, 2020. After he missed that deadline, Michigan Carpet Delivery sought dismissal and the Board ordered Johnson to explain why the appeal should continue. Johnson responded and requested another 60 days, citing difficulties and…
Secretary of Labor v. O&G Industries, Inc.
Unopposed reopening motion granted
O&G Industries asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Secretary of Labor v. North American Millwright Services, Inc.
Good-faith payment supported vacating default
North American Millwright Services defaulted after it did not answer the Secretary's penalty petition or the ALJ's show-cause order. The operator sought reopening about 30 days after the penalties became delinquent and later paid the assessment in full. The Secretary did not oppose reopening but…
Secretary of Labor v. Nyrstar Tennessee Mines, Strawberry Plains, LLC
Unopposed reopening motion granted
Nyrstar Tennessee Mines asked the Commission to reopen a penalty assessment that had become final. The Secretary did not oppose the request. The Commission reopened the matter, remanded it for further proceedings, and directed the Secretary to file a penalty petition within 45 days.
Wetzel v. M & B Environmental, Inc.
Wastewater whistleblower ruling affirmed
Wastewater facility manager James Wetzel provided information to government investigators and testified before a grand jury about environmental violations. He later pleaded guilty to negligently violating permit conditions and was fired by M & B Environmental two days afterward. The Board held that…
Estate of Ayres
V. Weatherford U.S., L.P. (DOL ARB 2018-0006 and 2018-0074): truck-safety retaliation award affirmed except punitive damages
Weatherford equipment operator Daniel Ayres raised concerns about drivers being asked to transport hazardous materials outside their certifications. The ALJ found that Weatherford reduced his work opportunities and later discharged him because of his protected safety activity. The Board held that…
Administrator, Wage and Hour Div., USDOL v. Graham and Rollins, Inc.
Administrator, Wage and Hour Division v. Graham and Rollins, Inc. (DOL ARB 2019-0009): stale H-2B enforcement action dismissed
The Wage and Hour Division alleged that seafood processor Graham and Rollins failed to pay outbound transportation costs and give required termination notices for H-2B workers in 2011 and 2012. It issued its determination in February 2018 and sought $16,560. The ALJ held that the assessment was a…
Matter of H-Y-Z-, Respondent
Frivolousness finding remained final
The Board denied a Chinese respondent's second motion to reopen removal proceedings, filed 14 years after the Board and the Third Circuit upheld an Immigration Judge's finding that her asylum application was frivolous. The Board held that the frivolousness finding was final and that the statutory…
MPS Products Corp.
Beam fall-protection item affirmed and lift-rail item vacated
OSHA inspected MPS Products during steel erection work in Massachusetts and cited two fall hazards. Two employees worked on steel beams 29 feet above the ground without tying off, while another employee briefly climbed a scissor lift's guardrails to reach the structure. The judge affirmed the…
Johnson v. BNSF Railway Co.
Railroad's appeal withdrawn
Robert Johnson alleged that BNSF Railway retaliated against him for reporting an injury. After OSHA issued findings, Johnson requested an ALJ hearing and the ALJ issued a decision on September 29, 2020. BNSF petitioned the Board for review, but the parties later jointly asked to withdraw that…
Colley v. Union Pacific Railroad Co.
Injury-report retaliation ruling reversed and remanded
Union Pacific dismissed Clovis Colley for allegedly falsifying a personal injury report. An ALJ found that Colley made a protected report and ruled for him, reasoning that the report and discipline were inextricably intertwined. The Board affirmed the protected-activity finding but held that the…
Matter of Daniel Girmai NEGUSIE
Matter of Negusie (BIA ID 3999): no duress exception to the persecutor bar
The Attorney General reviewed a Board decision involving an Eritrean and Ethiopian national who served as a prison guard in Eritrea and later sought asylum, withholding of removal, and protection under the Convention Against Torture. The decision held that the persecutor bar does not contain an…
Danaher Corporation, New Owner of Pall Corporation
In re Danaher Corporation, New Owner of Pall Corporation (EAB FIFRA Appeal No. 20-02C): $48,215 penalty imposed under settlement
Danaher Corporation acquired Pall Corporation and later disclosed potential FIFRA violations involving pesticide devices manufactured, imported, or sold by Pall facilities. The disclosed violations concerned misbranding, establishment registration, production reporting, recordkeeping, and Notices…
Brucker v. BNSF Railway Co.
Dismissal of injury-report retaliation claim affirmed
Robert Brucker alleged that BNSF Railway fired him because he had reported a work injury and filed a related lawsuit. BNSF discovered during that lawsuit that Brucker had not disclosed a misdemeanor conviction on his employment application, and Brucker admitted during the company's investigation…
Secretary of Labor v. Genesis Alkali, LLC
Temporary staffing change supported reopening
During a temporary change in administrative staff, Genesis Alkali mailed two intended citation contests with its payment for the other violations to MSHA's St. Louis payment address instead of the Arlington contest office. The company later checked MSHA's data system and saw that the two citations…
Secretary of Labor v. Eiger Mountain Crushing, LLC
Certified-mail record supported reopening
Eiger Mountain Crushing believed it had timely mailed its contest by certified mail to the correct MSHA address and provided the return-receipt documentation. An MSHA delinquency notice later showed that the contest had not been timely received. Counsel promptly sought reopening, and the Secretary…
Secretary of Labor v. Freeport-McMoran Morenci, Inc.
Staffing shortage supported reopening
Freeport-McMoRan Morenci was short-staffed after two industrial-hygiene employees resigned. The health and safety superintendent was covering that program while also handling proposed assessments and mistakenly believed the normal contest procedure had been completed. When MSHA sent a delinquency…
Secretary of Labor v. Commonwealth Mining, LLC
Claimed nonreceipt supported reopening
Commonwealth Mining said it did not receive a proposed assessment containing four citations it intended to contest, although the Secretary confirmed delivery to the address of record. The operator adopted procedures and training to prevent another missed filing. Its representative promptly sought…
Secretary of Labor v. Buchanan Minerals, LLC
Internal mail breakdown supported reopening
Buchanan Minerals used a routine mail process in which a security guard sorted delivered mail, the mine superintendent received the assessment, and the safety manager handled the contest. The safety manager never received this proposed assessment, so the company missed the deadline. Buchanan…
Secretary of Labor v. Callender Construction Company
Claimed nonreceipt supported reopening
Callender Construction said it never received the proposed penalty assessment that later became final. MSHA subsequently sent the company a delinquency notice. The Secretary did not oppose reopening but urged the operator to ensure future contests are timely. The Commission found inadvertence or…
Secretary of Labor v. Delhur Industries, Inc.
Claimed nonreceipt supported reopening
Delhur Industries said it never received the proposed penalty assessment and first learned of it from an MSHA delinquency notice. The operator contacted MSHA and followed the agency's direction to seek relief from the Commission. The Secretary did not oppose reopening. The Commission found…
Elmer Julio Perez Mendez d/b/a Julio Perez
Late contest dismissed because mail neglect was not excusable
OSHA issued willful fall-protection and grouped injury-reporting citations after an employee fell approximately eight feet from a residential roof and died. The citations proposed a total penalty of $138,118 and were delivered by certified mail to the address Perez had supplied, where a temporary…
Turner Construction, Inc. of Naples
Repeat fall-protection citation affirmed
An employee of Turner Construction handled a concrete hose on a narrow upper-level surface without a harness, guardrail, safety net, or other fall protection. The employee was 11 feet 5 inches above the next concrete surface and near an outside edge approximately 20 to 22 feet above the ground. The…
Matter of Jongbum PAK
Matter of Pak (BIA ID 3998): substantial evidence of a fraudulent prior marriage bars a later visa petition
The Board reviewed an appeal from the denial of a visa petition filed by a United States citizen for her husband. The beneficiary’s first marriage had previously led to a denied visa petition, and the record included inconsistent accounts, a site visit, and other evidence that the first marriage…
Theodore Oesau v. Rogers Group, Inc.
Faxed review petition considered but denied
Theodore Oesau sought Commission review after an ALJ dismissed his discrimination complaint. His counsel filed the petition only by fax even though the Commission had warned that pandemic conditions prevented it from monitoring fax and physical mail. Because the rules still permitted fax filing…
Williams v. FedEx
Board case dismissed after district-court filing
Christopher Williams Jr. alleged that FedEx retaliated against him for activity protected by the Sarbanes-Oxley Act. OSHA dismissed the complaint, an ALJ later dismissed it on cross-motions for summary decision, and Williams petitioned the Board for review. More than 210 days after his OSHA filing…
Jain v. ACI InfoTech, Inc.
H-1B back-wage calculation affirmed
ACI InfoTech sponsored Nikhil Jain for H-1B computer work and agreed in its labor condition applications to specified annual wage rates. The Wage and Hour Division found that the company owed Jain $15,852.22, and an ALJ increased the award to $22,801.22 plus interest for wages not paid on time. ACI…
Brady SoCal, Inc.
One scaffold guardrail violation affirmed and two allegations vacated
Brady SoCal supplied a scaffold for its framing and drywall work at a casino renovation where an employee of another subcontractor later fell from the roof and died. OSHA cited Brady for an inadequate scaffold inspection and for missing guardrails at two locations. The judge declined to apply…
Tom Kubricky Company, Inc.
Trench egress and cave-in violations affirmed
Tom Kubricky Company excavated more than 20 feet below a residential street to repair a broken sewer force main. Two employees worked in a lower trench without a stairway, ladder, or other reliably safe emergency exit. The judge found the earthen end slopes unsafe because they were soft, irregular…
Latite Roofing & Sheet Metal, LLC
Repeat roof fall citation affirmed
Latite employees removed and transported roof tiles on a low-slope commercial roof with unprotected edges 16 feet above the ground. A safety monitor was present, but he faced away from an employee pushing a wheelbarrow near the edge, and no warning line or personal fall-arrest system was in use…
Secretary of Labor v. Prospect Mining and Development Company, Inc.
Reopening request withdrawn and case dismissed
Prospect Mining asked the Commission to reopen the case in August 2019. The company later told the Commission that it no longer wished to pursue reopening. Because the request was abandoned, the Commission did not decide whether relief from the existing order was warranted. It dismissed the case.
Wong v. Sumitomo Mitsui Banking
Corp. (DOL ARB 2018-0073): accounting concerns not protected under Sarbanes-Oxley
Bank support employee Siu-Chun Wong alleged retaliation after raising concerns about ledger adjustments, reimbursement records, a loan transaction, and a moved report. The Board held that substantial evidence supported the ALJ's finding that Wong did not subjectively and reasonably believe at the…
Secretary of Labor v. Rockwell Mining, LLC
Vacation backlog supported reopening with warning
Two proposed assessments arrived while Rockwell Mining's safety manager was on vacation. After returning to a backlog, he selected citations for contest and sent the forms to the corporate safety director, who mailed them on the day the assessments became final. MSHA received the forms six days…
Secretary of Labor v. Rockwell Mining, LLC
Mistaken payment supported reopening with warning
Rockwell Mining had contested the citation but inadvertently paid the associated penalty when the proposed assessment arrived. The operator discovered the mistake and filed a reopening motion 30 days later. The Secretary did not oppose, and the Commission found excusable neglect, reopened the…
Secretary of Labor v. Pinto Valley Mining Corp.
Documented mailing claims supported reopening
Pinto Valley said it timely mailed contest forms for two assessments by certified mail and made partial payments for the uncontested penalties. The company did not have the return receipts, but submitted completed forms, payment records, and affidavits describing its reliable contest procedure. It…
Secretary of Labor v. Victory Rock Texas, LLC
Pro se operator received reopening despite filing delay
Victory Rock waited for the result of an MSHA conference and said it quickly returned its contest form, but it had no proof of mailing or delivery. After a delinquency notice, MSHA told the operator that no contest had been received and advised it to seek reopening. The pro se operator's motion…
Midwest Equipment Company
Four crane assembly violations affirmed
Midwest Equipment assembled a mobile crane for a cell-tower project when a 3,400-pound jib fell and seriously injured a crew member. The judge found that attaching the jib was crane assembly, not an uncovered setup activity. Midwest failed to follow the manufacturer's procedures by omitting a…
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.