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. Doe Run Co.
Pressure-vessel citation affirmed
Doe Run operates an underground lead, copper, and zinc mine where a 250-gallon pressurized water tank on a drill had not been inspected by a certified National Board inspector during roughly 20 years of use. MSHA cited 30 C.F.R. § 57.13015(a), and Doe Run argued that a 2004 National Board document…
Americold Logistics
Unstable railcar load citation vacated
Americold Logistics operated a cold-storage facility in La Porte, Texas, where employees unloaded refrigerated railcars. While two employees were unloading boxes of frozen chicken feet, one or more pallets collapsed onto them, leaving one employee with minor injuries and another paralyzed. OSHA…
Matter of R-A-U-
Asylum grant reversed and proceedings remanded
The Department of Homeland Security appealed an Immigration Judge's grant of asylum to a Moroccan applicant who claimed persecution based on his sexual identity and his father's political activity. The Board found that the Immigration Judge clearly erred by accepting testimony without addressing…
Matter of Sandra IBARRA-VEGA
Matter of IBARRA-VEGA (BIA ID 4167): proceedings recalendared and remanded
The Department of Homeland Security appealed an Immigration Judge's refusal to recalendar removal proceedings that had been administratively closed for nearly 13 years while a Mexican respondent waited on a U visa petition. The Board held that the record did not establish prima facie eligibility or…
Marks v. Conopco, Inc.
Second reconsideration request on ALJ recusal denied
Russell Marks sought a second reconsideration of the Board’s refusal to hear an immediate appeal of an ALJ’s denial of recusal in his Taxpayer First Act case against Conopco, doing business as Unilever. The Board found the request untimely because it arrived 50 days after the first reconsideration…
Barhaghi v. OB/GYN Affiliates & Prosum
Telephone filing evidence defeats timeliness dismissal
Michelle Barhaghi, a physician, alleged that OB/GYN Affiliates & Prosum retaliated against her for internal complaints about accounting and tax practices. The ALJ dismissed her Taxpayer First Act complaint as late after rejecting her father’s attempt to file it by telephone on her behalf. The Board…
Boyd v. City of Chelsea
ACA retaliation dismissal affirmed for lack of supported protected activity
Charles Boyd alleged that the City of Chelsea retaliated against him in violation of the Affordable Care Act after disputes over health insurance coverage during his fire-service employment. The ALJ granted summary decision because Boyd did not establish a genuine factual dispute about protected…
Matter of Francis Jude FORJOE
Matter of FORJOE (BIA ID 4166): entry-based fraud waiver affirmed
The respondent, a Ghanaian national who became a lawful permanent resident after a marriage-based visa petition, was placed in removal proceedings after disclosing that he had concealed a relationship and children during the petition process. The Board held that the fraud waiver in section…
United States Department of Transportation, Federal Aviation Administration and Professional Aviation Safety Specialists, AFL-CIO
Federal Aviation Administration and PASS (FLRA 0-AR-5733): Authority upholds nine-hour rest awards
Two Federal Aviation Administration technical specialists received only five to five-and-a-half hours off between regular work and overtime assignments, despite a memorandum requiring nine consecutive off-duty hours between shifts. An arbitrator found violations and awarded each employee excused…
Matter of F-B-A-
Asylum grant vacated on reconsideration
The respondent, an adult woman from Russia who feared persecution by Muslim family members after converting to Russian Orthodox Christianity, had received an Immigration Judge's grant of asylum. On reconsideration, the Board held that the special barriers to reporting harm that can apply to…
Meraki Group LLC
In re Meraki Group LLC (EAB CAA Appeal No. 26-01C): late HFC-import reporting settlement approved
Meraki Group LLC imported bulk HFC blends, including R-410A and R-407C, through eight shipments between November 2022 and October 2025. EPA alleged that Meraki failed to submit required advance notification reports on time for those shipments, including one report submitted after importation…
Robles v. Mr. Bults, Inc.
Late STAA complaints remain dismissed
Sergio Robles alleged that Mr. Bults, Teamsters 731, and Waste Management retaliated against him for raising safety and health concerns. He received notice of his termination in October 2023 but filed his OSHA complaints in January 2025, about nine months after the 180-day deadline. The Board held…
Matter of L-S-C-R-
Background-check remand limited
The respondent, a Nicaraguan national, appealed the denial of his asylum application while the Immigration Judge's grant of withholding of removal was not challenged by the Department of Homeland Security. The Board granted the respondent's request to withdraw the asylum appeal and remanded the…
Ocean Era, Inc.
In re Ocean Era, Inc. (EAB NPDES Appeal Nos. 25-01 and 25-02): Review denied in part and permit remanded for pathogen and microplastics analysis
Environmental organizations challenged EPA Region 4's modification of Ocean Era's permit for an offshore aquaculture facility. The modification changed the fish species from almaco jack to red drum and the net pen material from copper to plastic. The Environmental Appeals Board denied review of the…
Ocean Era, Inc.
In re Ocean Era, Inc. (EAB NPDES Appeal Nos. 25-01 and 25-02): Permit remanded for pathogen and microplastics analysis
Ocean Era, Inc. sought to modify its NPDES permit for an offshore aquaculture facility, including changes to the fish species and net-pen material. Environmental organizations challenged the modification under the Clean Water Act and other environmental statutes. The Board remanded the permit…
Matter of Zihao JIN, Beneficiary of a visa petition filed by Hanfei Xiong
Matter of JIN (BIA ID 4163): marriage-fraud allegations remanded to USCIS
The U.S. citizen petitioner appealed after USCIS approved her visa petition for her husband, a Chinese national, and she later submitted extensive evidence alleging that he had entered the marriage to obtain an immigration benefit. The Board explained that it is an appellate body and cannot conduct…
Secretary of Labor v. Bourbeau Aggregate, LLC
Conference-request default left final
Bourbeau received a proposed assessment but sent a conference request through a trade association instead of filing the required penalty contest. It waited for an MSHA response and sought reopening after a Treasury collection letter arrived. The Commission majority held that the motion did not…
Secretary of Labor v. Cyber Square
Missing assessment reopened
Cyber Square received two copies of one $610 assessment but could not locate a different $4,084 assessment containing three citations it intended to contest. It discovered the missing assessment when later paperwork showed the citations as final and immediately contacted MSHA. The company filed its…
Eisenberg v. United Airlines, Inc.
AIR21 appeal dismissed for failure to comply with filing orders
Jeffrey Eisenberg appealed an ALJ’s summary judgment for United Airlines in an AIR21 whistleblower case. After he missed the opening-brief deadline, the Board repeatedly directed him to address the timeliness of his appeal and file a brief explaining his challenge to the ALJ’s ruling. The final…
Matter of Amit YADAV
Matter of YADAV (BIA ID 4162): sua sponte reopening denied
The respondent had a final removal order and later married a U.S. citizen, whose visa petition for him was approved. More than 10 years after the Board's final administrative order, he asked the Board to reopen his case on its own motion so he could seek adjustment of status. The Board held that a…
Association of Administrative Law Judges, International Federation of Professional and Technical Engineers and Social Security Administration, Office of Hearing Operations
Association of Administrative Law Judges and Social Security Administration (FLRA 0-AR-6035): Authority upholds case-assignment system
The Social Security Administration changed its hearing-assignment system so that it first matched claimant-representative availability to a hearing time and then assigned the next available administrative law judge. The judges' union alleged that this method violated contractual and statutory…
Matter of G-M-I-
CAT deferral vacated
The respondent, a Chinese national convicted in the United States of a large-scale cocaine-importation conspiracy, received deferral of removal under the Convention Against Torture based largely on an expert's prediction that he would be detained and tortured in China. The Board held that the…
Secretary of Labor v. DelHur Industries, Inc.
Post-office delivery delay excused
MSHA treated DelHur's assessment as delivered when it reached the local post office serving the company's post-office box. DelHur said it did not actually receive the assessment until 12 days later and calculated its contest deadline from that date. The company mailed its contest within that…
ExxonMobil Low Carbon Solutions Onshore Storage, LLC
In re ExxonMobil Low Carbon Solutions Onshore Storage, LLC (EAB UIC Appeal No. 25-03): petition dismissed as moot
ExxonMobil Low Carbon Solutions Onshore Storage, LLC held three Underground Injection Control permits issued by EPA Region 6. EPA notified the EAB that it was withdrawing all three permits in their entirety under 40 C.F.R. § 124.19(j). Because the permit withdrawal removed the live dispute, the…
Secretary of Labor v. Canyon Fuel Company, LLC, Shane Allred, and Michael Cooper
Rib and accident-reporting orders upheld
A rib burst at Canyon Fuel's underground coal mine partially buried a miner, caused a traumatic head injury, and required surgery, but mine management did not notify MSHA within 15 minutes. The Commission affirmed violations for inadequate rib control and failure to report an injury with a…
Matter of E-A-S-O-
Denials affirmed after particularly serious crime ruling
The respondent, a Honduran national, sought adjustment of status, asylum, withholding of removal, and protection under the Convention Against Torture after a conviction for three counts of misdemeanor sexual abuse of a minor in the District of Columbia. The Board held that the conviction was a…
Ashcraft v. First Citizens Bank
Immediate review of ALJ procedural orders denied
Jared Ashcraft sought immediate review of procedural orders in his Sarbanes-Oxley retaliation case against First Citizens Bank. He challenged temporary filing restrictions, access to a hearing transcript, limits on AI use and notice filings, recording restrictions, and the handling of a recusal…
Harmer v. Gar-MRO Services, Inc.
AIR21 settlement approved and complaint dismissed
GAR-MRO Services appealed an ALJ decision awarding damages to Timothy Harmer in an AIR21 whistleblower case. The parties then submitted an executed settlement agreement. The Board found the agreement fair, adequate, reasonable, and consistent with the public interest, limiting its review to the…
Administrator, Wage and Hour Div., USDOL v. Seven Hills, Inc.
Three-year debarment for SCA underpayments affirmed
Seven Hills provided food services at the Pentagon and paid $193,181.45 in back wages and fringe benefits after a Labor Department investigation found Service Contract Act underpayments. The company appealed a three-year bar on receiving federal contracts, arguing that unusual circumstances…
Administrator, Wage & Hour Div., USDOL v. Paradigm Construction & Engineering, Inc.
Bridge contractor’s back wages and three-year debarment affirmed
Paradigm Construction & Engineering and its owners, Kent and Christie Glesener, challenged wage findings from federally funded highway bridge projects in Oklahoma. The Board upheld findings that they misclassified workers, kept inadequate records, failed to pay weekly, altered certified payroll…
Secretary of Labor v. Ramsey Hill Exploration, LLC
Delayed assessment challenge denied
Ramsey Hill timely contested an underlying withdrawal order and several related assessments but failed to contest the assessment tied to that order. The company offered two inconsistent explanations: management believed the assessment was already among those contested, while counsel believed MSHA…
Secretary of Labor v. Superior Silica Sands, LLC
Reopening motion withdrawn
Superior Silica Sands filed a motion asking the Commission to reopen the case. The company later asked to withdraw that motion. The Commission granted the withdrawal request and dismissed the case. The short official release does not describe the underlying assessment, the reason reopening was…
Secretary of Labor v. The Monarch Cement Company
Inspection-workload excuse rejected
Monarch Cement failed to contest an assessment because personnel set it aside while they were occupied with an MSHA inspection. The Secretary opposed reopening. The Commission held that MSHA inspections are routine events and that operators must maintain procedures for handling recurring Mine Act…
Gregory v. Nations Cabinetry, LLC
CAA retaliation defense rejected and damages ordered on remand
Jeffrey Gregory, chief operating officer of Nations Cabinetry, raised internal concerns about operating a paint sprayer without a required permit and possible excess emissions. The ALJ found that protected activity motivated his termination but accepted the company’s defense that it would have…
Secretary of Labor v. Gordon Sand Co.
Long delinquency history defeats reopening
Gordon Sand sought reopening after MSHA issued a separate citation for failure to pay more than $25,000 in outstanding penalties. The company attributed its difficulties to the 2020 death of the person who had handled mining matters but did not describe a replacement process for assessments. The…
Lake City Paint Inc.
In re Lake City Paint Inc. (EAB TSCA Appeal No. 26-01Q): quick-resolution penalty paid and matter resolved
EPA filed a complaint against Lake City Paint Inc. on January 7, 2026, alleging violations of the Methylene Chloride Rule under the Toxic Substances Control Act. The complaint sought a $14,000 penalty. Lake City Paint paid the full penalty, and EPA notified the EAB on January 23 that payment had…
McCurry Contractors, Inc.
ARB lacks jurisdiction over H-2B certification appeal
McCurry Contractors asked the ARB to review a BALCA decision affirming denial of its H-2B temporary labor certification application. The Board held that the Secretary had delegated this review process to BALCA and had not authorized the ARB to hear appeals from BALCA. Several authorities cited by…
Matter of S-M-H-
Frivolous asylum finding affirmed
The respondent, a Somali national who had acquired Canadian citizenship, was found to have knowingly filed a frivolous asylum application by omitting that citizenship and using a different identity. The Board held that the written warning on the asylum application itself gave statutorily sufficient…
Williams v. MTA Bus New York City Transit
Transit retaliation appeal dismissed after briefing failures
Latesha Williams appealed dismissal of her transit whistleblower complaint for abandonment. The Board ordered an opening brief, later returned her call about mailing instructions after a government shutdown, and issued an order requiring her to explain the missing brief. Her eventual mailed…
Brigade Energy Services LLC
Explosive-handling citation vacated
Brigade Energy Services was the general contractor for work to plug and abandon an oil well in Grassy Butte, North Dakota. A surface explosion occurred while a Brigade worker held a wireline component as a specialty contractor connected it to a steel tube loaded with explosives, injuring three…
Matter of D-G-B-L-
Serious-crime bar applies despite duress
The respondent, a Mexican national, sought adjustment of status, asylum, withholding of removal, and protection under the Convention Against Torture after admitting that she electronically transferred and physically transported millions of dollars in drug-trafficking proceeds for a cartel. The…
Barnes v. Rhode Island Public Transit Authority
Late request to appeal transit ruling denied
Mickeda Barnes sought extra time to appeal summary decision for the Rhode Island Public Transit Authority in a transit and railroad whistleblower case. Her request came more than four months after the 14-day appeal period expired. The Board held that asking the ALJ to reissue the decision did not…
Secretary of Labor v. Tehachapi Cement, LLC
New-manager filing mistake excused
A recently assigned safety manager believed MSHA's penalty office would forward Tehachapi's contest for 15 penalties to the correct division. While checking another mine, he realized that he had not followed the proper contest procedure. He sent the assessment to counsel the next day, and counsel…
Secretary of Labor v. American Soda, LLC
Unchecked contest box excused
American Soda intended to contest seven citations, but an office assistant failed to check the box for one citation on the submitted contest form. The safety manager discovered the omission and the company filed for reopening two days later. The Secretary did not oppose relief, noting the…
Secretary of Labor v. JW Construction Company, Inc.
Holiday-disruption default reopened
JW Construction's safety director reviewed an assessment after holiday absences and a snow and ice storm but delayed acting on it. His attention was then redirected to an MSHA individual-liability investigation involving a serious nonfatal accident and related interviews. The company filed its…
Matter of E-M-F-S-, et al.
Matter of E-M-F-S- (BIA ID 4154): death-threat asylum claim denied
The respondents, a Peruvian news broadcaster, her producer husband, and their children, received harassment, physical pushing, and two anonymous written death threats after political tensions at their workplace. The Board held that death threats alone rarely establish persecution and do so only…
Carrier InterAmerica Corporation
In re Carrier InterAmerica Corporation (EAB CAA Appeal No. 25-14C): bulk HFC-import settlement approved
Carrier InterAmerica Corporation is an HVAC equipment, parts, and supplies distributor headquartered in Miami, Florida. EPA alleged that the company imported bulk HFCs from China and South Korea into Miami in five shipments during 2022 without expending required allowances, obtaining a…
Secretary of Labor v. Warrior Met Coal Mining, LLC
Returned assessment held nonfinal
Warrior Met said it did not receive the proposed assessment before the contest deadline. Postal tracking showed that the assessment went out for delivery but was marked for return to sender the same day and later returned to the post office. The Secretary could not confirm delivery and did not…
Secretary of Labor v. Rush County Stone Co., Inc.
One-day deadline typo excused
Rush County decided to contest an assessment, but its attorney mistyped the deadline in the firm's scheduling system as May 29 instead of May 28. Counsel filed on the mistaken date and sought reopening 21 days after MSHA reported the one-day default. The Secretary did not oppose relief. The firm…
Secretary of Labor v. Mountain Stone Aggregate
Wrong-address assessment held nonfinal
Mountain Stone said MSHA mailed its proposed assessment to an address different from the current address shown on the company's official form. The Secretary could not confirm that the assessment was delivered to or received by the operator and did not oppose relief. The Commission held that the…
Secretary of Labor v. National Lime and Stone Company
Late imminent-danger contest reopened
National Lime sought an MSHA conference on an imminent-danger withdrawal order and believed that request also contested the order before the Commission. It learned one week after the statutory deadline that imminent-danger orders require a separate contest filing. The company sought reopening the…
Secretary of Labor v. Patton Mining LLC
Misplaced assessment reopened
A proposed assessment was placed on the safety manager's desk while he was away and apparently fell between the desk and wall. The manager found it four days after the contest deadline, and the company received a delinquency notice several days later. Patton investigated the handling failure…
Matter of Mario Alberto LAURENT CASTRO
Matter of LAURENT CASTRO (BIA ID 4159): in absentia order required
The respondent did not appear for an initial master calendar hearing. The Department of Homeland Security showed that the hearing notice had been properly mailed to the respondent's last known address and submitted a Form I-213 supporting removability. The Board held that when proper notice is…
Saliba v. American Airlines, Inc.
Immediate appeal seeking a new OSHA investigation denied
Former American Airlines pilot Bahig Saliba sought immediate Board review after the Chief ALJ refused to send his AIR21 retaliation complaint back to OSHA. Saliba alleged that OSHA had omitted some of his allegations and sought a new investigation. The Board denied interlocutory review because the…
Bush v. Donato’s Pizza
Tax whistleblower claim over refusal to rehire rejected
Christopher Bush, a former Donato’s Pizza delivery driver, alleged that the company refused to rehire him because he reported suspected tax violations to the IRS. The Board affirmed summary decision for Donato’s and denied his Taxpayer First Act complaint. It concluded that Bush did not identify…
Secretary of Labor obo Brittny Ludescher v. Haas Sons, Inc.
Complaint exhibit amendment granted
The Secretary of Labor filed a discrimination complaint on behalf of Brittny Ludescher against Haas Sons, Inc. The Secretary asked to replace Exhibit A with updated MSHA discrimination complaint and report forms. Judge Alan G. Paez found no undue delay, bad faith, futility, or prejudice, and noted…
Secretary of Labor obo James Summers v. Callender Construction Company, Inc.
Temporary economic reinstatement granted
James Summers worked as a haul truck operator for Callender Construction at the Thomas Quarry. He told management that the haul truck he was assigned to operate was unsafe, and Callender later terminated him. The Secretary determined that his discrimination complaint was not frivolously brought…
Secretary of Labor obo James Summers v. Callender Construction Company, Inc.
Temporary economic reinstatement granted
James Summers worked as a haul truck operator for Callender Construction at the Thomas Quarry. He told management that the haul truck he was assigned to operate was unsafe, and Callender later terminated him. The Secretary determined that his discrimination complaint was not frivolously brought…
United States Department of the Army, Fort Huachuca, Arizona and American Federation of Government Employees, Local 1662
Fort Huachuca and AFGE Local 1662 (FLRA 0-AR-5989): Authority upholds sick-leave award
An Army firefighter left mandatory training after feeling unwell and requested sick leave, but the agency required a medical certificate and later marked him absent without leave when he supplied only a self-certification. An arbitrator found that the contract implicitly required the agency to tell…
Matter of Sarahi TEPEC-GARCIA, et al.
Matter of TEPEC-GARCIA (BIA ID 4152): proceedings terminated without prejudice
Neither the respondents nor the Department of Homeland Security appeared at the scheduled hearing, and DHS had not submitted evidence establishing the respondents' alienage or removability in advance. The Board held that the Immigration Judge was not required to continue the case to give DHS…
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.