Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
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Marcella Nursing & Rehabilitation Center, Cinnaminson Nursing Center, and Geriatric Medical Services, Cooper River, East
EAJA eligibility remanded for parent-control findings
Three nursing facilities prevailed when the judge vacated their bloodborne-pathogen citations and then sought attorney fees and expenses under the Equal Access to Justice Act. Each facility independently met the employee and net-worth limits, but their parent company, Genesis Health Ventures…
American Federation of Government Employees, Council 224 (Union) and Social Security Administration (Agency)
AFGE Council 224 and SSA (FLRA 0-NG-2747): Time tracking exemption rejected
SSA introduced a computer system that asked employees to identify their work activity at random times each day. AFGE Council 224 proposed exempting three union officials from those prompts while they used official time for union work. The Authority found that the proposal affected SSA's rights to…
United States, Department of the Air Force, Randolph Air Force Base, San Antonio, Texas (Respondent) and American Federation of Government Employees, Local 1840, AFL-CIO (Charging Party)
Randolph Air Force Base and AFGE Local 1840 (FLRA DA-CA-02-0597): Information request complaint dismissed
AFGE Local 1840 asked Randolph Air Force Base for two years of employee performance evaluations and award records across its Services Division. The union said it wanted to compare treatment of union members and other employees after receiving records for one work center. An administrative law judge…
United States, Department of Veterans Affairs, Regional Office, Winston Salem, North Carolina (Agency) and American Federation of Government Employees, Local 1738 (Union)
VA Winston Salem and AFGE Local 1738 (FLRA 0-AR-3848): Agency's arbitration exceptions denied
The VA's Winston Salem regional office challenged an arbitration award involving AFGE Local 1738. The Authority concluded that the agency had not shown the award was deficient under the standards for exceeding an arbitrator's authority, an unfair hearing, a nonfact, or an implausible reading of the…
United States, Department of Defense, Education Activity (Agency) and Federal Education Association (Union)
Defense Education Activity and Federal Education Association (FLRA 0-AR-3788): Teacher backpay period shortened
The Federal Education Association brought a grievance about pay problems affecting several teachers. An arbitrator awarded backpay to one teacher for uncredited prior teaching experience, beginning with his 1986 rehire date, and also awarded relief to other teachers and attorney fees to the union…
National Association of Government Employees, Local R3-77 (Union) and Pension Benefit Guaranty Corporation, Washington, D.C. (Agency)
NAGE Local R3-77 and PBGC (FLRA 0-AR-3561): Reconsideration of contract provisions denied
NAGE Local R3-77 and the Pension Benefit Guaranty Corporation used binding arbitration to settle an impasse over their first labor agreement. The Authority had previously allowed agency proposals on institutional grievances and union-initiated bargaining to stand. The union asked for…
Pyramid Chemical Company
In re Pyramid Chemical Company (EAB RCRA (3008) Appeal No. 03-03): default order and final decision
Pyramid Chemical Company exported hazardous waste to the Netherlands. EPA charged the company with failing to prepare the required hazardous waste manifest, exporting without required notice and consent, and failing to follow special manifest requirements when delivery could not be completed…
Lu Vern G. Kienast and L.G. Kienast Utility Construction
In re Lu Vern G. Kienast and L.G. Kienast Utility Construction (EAB CAA Appeal No. 03-03): $35,000 penalty left standing
EPA Region V alleged eleven Clean Air Act section 112 violations involving asbestos regulations during demolition work at the H.D. Hudson Manufacturing Plant. The ALJ found the respondents partially liable and assessed a $35,000 civil penalty, while EPA had sought $113,600. The EAB initially…
American Federation of Government Employees, Local 3438 (Union) and Social Security Administration, Tennessee Field Offices, Memphis, Tennessee (Agency)
AFGE Local 3438 and SSA Tennessee field offices (FLRA 0-AR-3863): Union's arbitration exceptions denied
AFGE Local 3438 challenged an arbitration award involving SSA's Tennessee field offices. The Authority found no basis to set aside the award under the standards for an arbitrator exceeding his authority, a decision based on a nonfact, or a decision that fails to draw its essence from the labor…
United States, Department of Health and Human Services, Food and Drug Administration (Agency) and National Treasury Employees Union (Union)
FDA and NTEU (FLRA 0-AR-3828): Union damages for training travel set aside
FDA scheduled a national training course on Thursday and Friday, requiring some consumer safety officers to travel home during non-duty hours. An arbitrator found that FDA had not made a reasonable effort to avoid that travel under the labor agreement. He ordered FDA to avoid such scheduling when…
Hoffmann, Inc.
Inadvertent payment remanded for good-cause review
Hoffmann timely contested a citation but later paid the proposed penalty after its accounting department mistakenly included it with other uncontested penalties. The company asked to reopen the resulting final order, and the Secretary did not oppose the request. The Commission remanded the matter…
National Air Traffic Controllers Association (Union) and United States Department of Transportation, Federal Aviation Administration (Agency)
National Air Traffic Controllers Association and FAA (FLRA 0-AR-3859): Union's arbitration exception denied
The National Air Traffic Controllers Association challenged an arbitration award involving the Federal Aviation Administration. The Authority reviewed the union's exception under the statutory grounds for setting aside an award. It concluded that the award was not deficient on the grounds raised…
American Federation of Government Employees, National Council of Field Labor Locals (Union) and United States, Department of Labor, Philadelphia, Pennsylvania (Agency)
AFGE Field Labor Locals and Labor Department (FLRA 0-AR-3804): Performance standards challenge denied
The Labor Department introduced new performance standards for bargaining unit employees. AFGE's National Council of Field Labor Locals argued that the agency had excluded employees and the union from developing the standards and had not properly explained them. An arbitrator denied those parts of…
United States, Department of the Army, Army Corps of Engineers, Norfolk District (Agency) and National Federation of Federal Employees, Local 1028 (Union)
Army Corps Norfolk and NFFE Local 1028 (FLRA 0-AR-3803): Early suspension appeal dismissed
An arbitrator found that the Army Corps of Engineers' Norfolk District lacked just cause for a local union president's 14-day suspension and directed the district to rescind it. He kept the case open to decide whether backpay, interest, and attorney fees were due. The agency filed exceptions to his…
United States Department of Veterans Affairs, Denver Regional Office (Agency) and American Federation of Government Employees, Local 1557 (Union)
Denver VA Regional Office and AFGE Local 1557 (FLRA 0-AR-3802): Snowstorm leave award upheld
The Denver VA Regional Office reopened after a snowstorm and charged annual leave or leave without pay to employees who did not report that day. An arbitrator found that the office had improperly adopted a blanket refusal to grant administrative leave and ordered it to consider written requests…
Aurora Energy, L.L.C.
In re Aurora Energy, L.L.C. (EAB NPDES Appeal No. 03-11): permit review denied
Aurora Energy operated the Chena River Power Plant in Fairbanks, Alaska, and held an NPDES permit allowing a thermal discharge under Clean Water Act section 316(a). Self-represented petitioner Paul A. Barrett challenged the permit's thermal variance, the supporting information, effects on ducks and…
Emery Air Freight Corporation
K-Loader fall violations affirmed despite FAA claim
Emery cargo handlers rode unguarded elevator platforms on K-Loader trucks to reach aircraft cargo doors, exposing them to falls of more than 4 feet and as much as 13 feet. Emery argued that Federal Aviation Administration oversight displaced OSHA jurisdiction because the FAA had approved an airline…
Elk Run Coal Company, Inc.
Roof-control violation modified and penalty reduced
MSHA alleged that Elk Run Coal violated its roof control plan by starting mining in three rows of pillars before an inby row was completed. Judge Avram Weisberger found a violation of 30 C.F.R. § 75.220(a)(1), but found that the Secretary did not prove unwarrantable failure or a significant and…
National Treasury Employees Union, Chapter 284 (Union) and United States Department of the Treasury, Internal Revenue Service, Chamblee, Georgia (Agency)
NTEU Chapter 284 and IRS Chamblee (FLRA 0-AR-3787): Discipline for grievance meeting conduct rescinded
The IRS suspended an employee after he left a meeting with his supervisor about a memorandum he had challenged in a grievance. An arbitrator reduced the suspension to an admonishment, finding that the employee had been rude but had not threatened or disrupted anyone. The Authority found that the…
Jim Walter Resources, Inc.
Interlocutory review petition denied
Jim Walter Resources asked the Commission to review an Administrative Law Judge's denial of its motion for summary decision before the underlying case was finished. The company argued that the order presented a controlling legal question and that immediate review could advance the case. The…
Dearborn Refining Company
In re Dearborn Refining Company (EAB RCRA (3008) Appeal No. 03-04): Initial Decision affirmed
Dearborn Refining Company operated a six-acre Michigan site that blended and marketed lubricating and metal-working products and handled used oil. EPA alleged eight violations involving used-oil storage and processing, emergency planning, communications, equipment, recordkeeping, and…
Dearborn Refining Company
In re Dearborn Refining Company (EAB RCRA (3008) Appeal No. 03-04): $1.25 million penalty affirmed
EPA Region V charged Dearborn Refining Company with eight violations involving used-oil and hazardous-waste management at its six-acre Michigan facility. The charges included inadequate tank containment, missing labels, poor tank or container condition, emergency-preparedness deficiencies, and…
RBS, Incorporated
Settlement dismissal vacated and remanded
RBS disputed the terms of a settlement that the Secretary submitted to an Administrative Law Judge, who approved the settlement and dismissed the civil penalty case. The Commission said the record did not show whether RBS had an opportunity to review the settlement terms before dismissal, and the…
Mullan Wastewater Treatment Plant
In re Mullan Wastewater Treatment Plant (EAB NPDES Appeal No. 04-08): petition withdrawn and appeal closed
The South Fork Coeur d'Alene River Sewer District petitioned for review of permits for the Mullan Wastewater Treatment Plant. After EPA Region 10 offered assistance with infiltration and inflow problems, the Sewer District agreed to withdraw its petition. The Environmental Appeals Board granted the…
United States Department of Labor, Assistant Secretary for Employment Standards (Petitioner) and American Federation of Government Employees, Local 2562 (Respondent/Labor Organization)
Labor Department and AFGE Local 2562 (FLRA 0-MC-21): Overdue union financial reports ordered
AFGE Local 2562 failed to file required annual financial reports for fiscal years 1999 through 2001. After the local did not answer the Labor Department's complaint, the Assistant Secretary ordered it to file those reports and comply with future reporting duties. The Assistant Secretary later asked…
American Federation of Government Employees, Local 2274 (Union) and United States Department of Veterans Affairs, Aleda E. Lutz VA Medical Center, Saginaw, Michigan (Agency)
AFGE Local 2274 and Saginaw VA Medical Center (FLRA 0-AR-3839): Arbitration exceptions denied
AFGE Local 2274 challenged an arbitration award involving the Saginaw VA Medical Center. The Authority considered objections concerning the fairness of the hearing, an alleged factual error, and whether the award was grounded in the parties' agreement. It found that the union had not established a…
National Treasury Employees Union (Union) and United States Department of Health and Human Services, Health Resources and Services Administration (Agency)
NTEU and Health Resources and Services Administration (FLRA 0-AR-3808): Career ladder promotion denied
A Health Resources and Services Administration employee sought promotion from GS-12 to GS-13 in a career ladder position. An arbitrator denied the grievance because the evidence did not show that she met the agreement's criteria for work at the higher grade. The Authority rejected the union's claim…
Gunite Corporation
Willful silica and respirator violations affirmed
Gunite operated a truck-parts foundry where employees were exposed to respirable silica from large quantities of sand used in the casting process. The Commission vacated four air-contaminant items because respirators provided adequate protection for four cited employees and the Secretary did not…
National Treasury Employees Union (Union) and United States Department of the Treasury, Internal Revenue Service, Wage and Investment Division (Agency)
NTEU and IRS Wage and Investment Division (FLRA 0-NG-2764): Memphis layoff proposals limit bargaining duty
The IRS planned a reduction in force at its Memphis tax return processing center as electronic filing reduced paper processing. NTEU proposed broadening the competitive area for layoffs to other IRS organizations in the commuting area. The Authority found that the proposal would also cover…
Donald Cutler
In re Donald Cutler (EAB CWA Appeal No. 03-01): wetlands penalty increased
EPA Region X charged Donald Cutler, an excavation contractor in Stanley, Idaho, with placing dredged or fill material into federally protected wetlands without a Clean Water Act permit. An Administrative Law Judge found liability and assessed a $1,250 penalty, and Region X appealed both the…
United States Department of Health and Human Services, Gallup Indian Medical Center, Navajo Area Indian Health Service (Agency) and Laborers' International Union of North America, Local 1376 (Union)
Gallup Indian Medical Center and LIUNA Local 1376 (FLRA 0-AR-3728): Retaliation finding partly upheld, remedies remanded
A Gallup medical center employee told its chief executive about nurse double shifts and intensive care staffing. Supervisors later made negative statements about him to another facility, which withdrew his transfer offer. The Authority upheld the arbitrator's finding that the call retaliated…
In re Ignacio CISNEROS-Gonzalez, Respondent
Prior charging document did not stop new presence period
The Board reviewed an Immigration Judge's denial of cancellation of removal to a Mexican citizen who had been deported and later returned to the United States. The Board held that the stop-time rule applies to the charging document served in the current removal proceeding, not to a charging…
The Ohio Valley Coal Company
Settlement approved on remand
The Ohio Valley Coal Company returned to the Commission after a remand concerning whether a violation was significant and substantial and what penalty should be assessed. The parties agreed to leave the significant-and-substantial finding in place and reduce the penalty from $35,000 to $10,000…
Highland Enterprises, Inc.
Reopening request remanded for good-cause determination
Highland Enterprises asked the Commission to accept a notice of contest as timely after MSHA could not locate the mailing for one penalty assessment. The company said it had mailed the notice on time, but the notice was lost, misfiled, or misplaced, while a notice sent at the same time for another…
Washington Rock Quarries, Inc.
Reopening request remanded for good-cause determination
Washington Rock Quarries asked the Commission to reopen two penalty assessments that had become final after the company did not timely contest them. The operator said its owner misunderstood the contest procedure and believed a conference with MSHA would address the citations. The Commission…
Sterling Materials
Late penalty notice challenge denied
Sterling Materials argued that MSHA waited too long to notify it of proposed penalties for two citations and a withdrawal order issued in April 2003. Judge Jacqueline R. Bulluck found that MSHA adequately explained the delay through its new information system and workload, and that Sterling did not…
International Association of Machinists and Aerospace Workers, District Lodge 725, Local Lodge 726 (Union) and United States Department of the Navy, Naval Air Depot, North Island (Agency)
Navy North Island and Machinists Local 726 (FLRA 0-AR-3824): Paint shop hazard pay withdrawal upheld
Painters at the Navy's North Island air depot had received an 8% pay differential for exposure to toxic chemicals. The Navy withdrew the differential after a safety assessment found that protective measures had practically eliminated the hazards in their work area. An arbitrator denied the union's…
Alfred J. Briskie v. Weeks Marine, Incorporated
Briskie v. Weeks Marine (BRB 03-0796): earnings request could not forfeit unpaid benefits
Alfred Briskie injured his right knee while working for Weeks Marine. The employer stopped paying compensation before it sent him a federal earnings report form, and two judges later denied further benefits because he did not return it on time. The Board held that the Longshore Act's forfeiture…
United States Department of Health and Human Services, National Institutes of Health, Bethesda, Maryland (Agency) and American Federation of Government Employees, Local 2419 (Union)
NIH and AFGE Local 2419 (FLRA 0-AR-3820): Union intercom announcement grievance remains denied
AFGE Local 2419 asked NIH to broadcast an announcement that described the union and solicited employees to join. NIH refused, citing a policy against announcements that would not interest patients. An arbitrator denied the union's grievance because the membership solicitation could be excluded…
United States Department of Agriculture, Food Safety and Inspection Service (Agency) and National Joint Council of Food Inspection Locals, American Federation of Government Employees (Union)
Food Safety and Inspection Service and AFGE inspectors (FLRA 0-AR-3807): Temporary promotion award set aside
A federal meat inspector sought GS-9 pay for days when he inspected a second type of meat product before receiving a permanent promotion. An arbitrator awarded temporary promotion pay for that work. The Authority held that the award depended on the arbitrator deciding how the inspector's duties…
American Federation of Government Employees, Local 1367 (Union) and United States Department of the Air Force, Lackland Air Force Base, Texas (Agency)
AFGE Local 1367 and Lackland Air Force Base (FLRA 0-AR-3783): Nurses' meal break ruling stands
Nurses at Lackland Air Force Base challenged their treatment of interrupted meal periods, time spent changing into scrubs, overtime, night pay, and position grade. An arbitrator found that the agreement required uninterrupted, duty-free 30-minute meals and ordered the Air Force to comply, but…
Baylor Mining Inc.
Summary decision denied and discovery schedule set
Baylor Mining's penalty cases were stayed while the parties coordinated discovery and considered settlement. The Secretary sought summary decision after Baylor missed discovery deadlines and did not answer requests for admissions on time. Judge Jerold Feldman denied the motion because an earlier…
Melgaard Construction Co.
Guarding citations mixed and penalty set at $165
MSHA cited Melgaard Construction's small rock-crushing operation for four guarding violations and two backup-alarm violations, proposing $365 in penalties. Judge Jerold Feldman vacated three guarding citations because guards were removed during repairs or the Secretary did not prove the alleged…
United States Department of Homeland Security, Border Patrol, Tucson Sector (Respondent) and American Federation of Government Employees, Local 2544 (Charging Party/Union)
Tucson Border Patrol Sector and AFGE Local 2544 (FLRA DE-CA-02-0428): Bargaining complaint dismissed
The Border Patrol sent people apprehended by agents at its Casa Grande station to Tucson for processing during a sharp increase in apprehensions. AFGE Local 2544 argued that Tucson agents should have received notice and a chance to bargain over the transfer's effects. An administrative law judge…
United States Department of Transportation, Federal Aviation Administration (Agency) and Professional Airway Systems Specialists (Union)
FAA and PASS (FLRA 0-AR-3810): Field technician staffing guarantee enforced
The FAA's agreement with Professional Airway Systems Specialists guaranteed at least 6,100 technical employees. The parties disputed whether headquarters and operational control center staff counted toward that minimum. An arbitrator read the agreement and the FAA's staffing reports as covering…
United States Department of Transportation, Federal Aviation Administration, Jacksonville Center (Agency) and Professional Airways Systems Specialists (Union)
FAA Jacksonville Center and PASS (FLRA 0-AR-3809): Delayed promotion corrected
An FAA specialist qualified for a career ladder promotion before a new pay plan took effect, and local supervisors approved his paperwork in June 2000. A later office delayed processing it until July, when the new plan gave him an 8% raise instead of the 16% raise available under the earlier…
United States Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina (Agency) and International Association of Machinists and Aerospace Workers, Local 2296 (Union)
Marine Corps Air Station Cherry Point and IAMAW (FLRA 0-AR-3795): Higher grade pay award set aside
An instrument mechanic at Marine Corps Air Station Cherry Point sought WG-11 pay for duties he said matched a higher graded mechanic position. An arbitrator found that he performed WG-11 work and ordered the Navy to pay him at that rate beginning October 18, 2002. The Authority held that the…
Ernest Workman, Jr. v. Eastern Associated Coal Corporation
Workman v. Eastern Associated Coal (BRB 02-0727 BLA): black lung award upheld on reconsideration
Ernest Workman received black lung benefits after a judge credited newer medical evidence showing pneumoconiosis and total disability due to the disease. On reconsideration, Eastern Associated Coal argued that the judge had wrongly presumed that every case of pneumoconiosis progresses after dust…
Baylor Mining, Inc.
Motion to compel granted in part
Baylor Mining sought documents that the Secretary withheld under work product, informant, and deliberative-process privileges. Judge T. Todd Hodgdon found that the work product privilege protected most of the investigation materials because they were prepared with litigation in mind and Baylor had…
American Federation of Government Employees, Local 1502 (Union) and United States Department of the Army, Madigan Army Medical Center, Fort Lewis, Washington (Agency)
AFGE Local 1502 and Madigan Army Medical Center (FLRA 0-AR-3843): Union exceptions denied
AFGE Local 1502 challenged an arbitration award involving Madigan Army Medical Center. The Authority reviewed the record and found no basis to set aside the award under 5 U.S.C. § 7122(a). It cited its rules for claims that an arbitrator exceeded their authority or issued an award contrary to law…
Social Security Administration (Agency) and American Federation of Government Employees, Local 1923 (Union)
Social Security Administration and AFGE Local 1923 (FLRA 0-AR-3767): Overtime backpay award set aside
An employee on the Social Security Administration's records management team sought overtime opportunities on its library and history teams. An arbitrator found that the agency should have offered qualified employees overtime across the entire center and ordered backpay for missed work. The…
National Federation of Federal Employees, Local 1998, International Association of Machinists and Aerospace Workers, Federal District 1 (Union) and United States Department of State, Passport Services, Seattle, Washington (Agency)
NFFE Local 1998 and Seattle Passport Services (FLRA 0-NG-2735): Compressed schedule proposals negotiable
Seattle Passport Services ended three compressed work schedules with early start times. The union proposed keeping the old times or bargaining over later start times with other scheduling options. The Authority held that all three proposals were within the duty to bargain and ordered the agency to…
Jim Walter Resources, Inc.
Reconsideration and certification denied
Jim Walter Resources asked Judge David F. Barbour to reconsider an earlier ruling that allowed MSHA to cite an emergency evacuation standard for an explosion-related event. In the alternative, JWR asked him to certify the legal question for immediate Commission review. The judge declined both…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)
FAA and NATCA (FLRA 0-AR-3734): Reconsideration of premium pay ruling denied
The National Air Traffic Controllers Association asked the Authority to reconsider its earlier ruling about premium pay for union representatives performing representational duties on Sundays and holidays. The Authority found no extraordinary circumstances under its reconsideration rule. It said…
Department of Homeland Security, Bureau of Immigration and Customs Enforcement (Agency) and American Federation of Government Employees, National Immigration and Naturalization Service Council, Local 2859 (Union)
Immigration and Customs Enforcement and AFGE Local 2859 (FLRA 0-AR-3635): Training remedy upheld, backpay set aside
An immigration officer trainee was removed from basic training after failing to qualify on a practical pistol course. An arbitrator found that the agency had not provided the remedial firearms training required by its negotiated policy and ordered another training opportunity, with backpay if the…
National Treasury Employees Union, Chapter 260 (Union) and Federal Deposit Insurance Corporation, Dallas, Texas (Agency)
NTEU Chapter 260 and FDIC Dallas (FLRA 0-AR-3849): Union exception denied
NTEU Chapter 260 challenged an arbitration award involving the Federal Deposit Insurance Corporation in Dallas. The Authority reviewed the record and found no ground to set aside the award under 5 U.S.C. § 7122(a). It cited the standard for deciding whether an award fails to draw its meaning from…
United States Department of Homeland Security, U.S. Immigration and Customs Enforcement (Agency) and American Federation of Government Employees, National Immigration and Naturalization Service Council (Union)
Immigration and Customs Enforcement and AFGE council (FLRA 0-AR-3822): Witness travel appeal dismissed as early
Before an arbitration hearing, the arbitrator ruled that a union witness was likely to provide relevant testimony and should receive travel benefits under the parties' agreement. Immigration and Customs Enforcement challenged that ruling immediately. The Authority held that the arbitrator had not…
Speed Mining, Inc.
Citation contests dismissed, abatement order vacated
Speed Mining operated the American Eagle underground coal mine in West Virginia. The case concerned two citations alleging violations connected to cleaning and plugging oil and gas wells, plus a section 104(b) order requiring abatement of one citation within 15 minutes. Judge Avram Weisberger found…
Secretary of Labor v. Twentymile Coal Company
Training violation affirmed, penalty vacated
MSHA issued Twentymile Coal Company an order after miners worked to unplug a rock chute without task training, and one miner suffered serious, non-fatal head injuries when material spilled from the chute. The Commission held that the training violation was significant and substantial, found the…
Avon Contractors, Inc.
Late-contest case remanded for a merits hearing
Avon Contractors filed its notice contesting OSHA citations after the statutory deadline. The Third Circuit held that the late filing resulted from excusable neglect, vacated the Commission order dismissing the contest, and directed that the citations be heard on their merits. The Commission…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and 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.