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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COMM

International Federation of Professional and Technical Engineers, Congressional Research Employees Association, Local 75 (Union) and Library of Congress, Washington, D.C. (Agency)

Library of Congress and IFPTE Local 75 (FLRA 0-AR-3805): Union exceptions denied

The Congressional Research Employees Association, IFPTE Local 75, challenged an arbitration award involving the Library of Congress. The Authority reviewed the union's exceptions under the standards in 5 U.S.C. § 7122(a). It concluded that the union had not shown the award to be deficient on the…

April 30, 2004 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 2192 (Union) and United States, Department of the Interior, National Park Service, Pictured Rocks National Lakeshore, Munising, Michigan (Agency)

Pictured Rocks and NFFE Local 2192 (FLRA 0-NG-2690): Fire duty proposal outside bargaining duty

NFFE Local 2192 proposed two ways for Pictured Rocks National Lakeshore to address work left behind when an employee is assigned to fire duty. One option would require the park to assign that work to other qualified employees; the other would call for reasonable efforts to use the absent employee's…

April 28, 2004 ·FLRA
Upheld
COMM

American Federation of Government Employees, Council 147 (Union) and Social Security Administration (Agency)

SSA and AFGE Council 147 (FLRA 0-AR-3741): Backpay denied after priority consideration violation

An arbitrator found that the Social Security Administration had failed to give a contract representative genuine priority consideration for a claims representative vacancy. He ordered the agency to offer her the next such vacancy in an agreed geographic area but denied backpay. AFGE Council 147…

April 27, 2004 ·FLRA
Upheld
COMM

National Credit Union Administration (Activity) and National Treasury Employees Union (Petitioner)

NCUA and NTEU (FLRA WA-RP-03-0057): Credit union examiners remain eligible for election

NTEU sought an election for National Credit Union Administration employees, including credit union examiners. The agency asked the Authority to review a regional director's finding that the examiners were eligible for the proposed bargaining unit. It argued that their discretion in rating and…

April 26, 2004 ·FLRA
Upheld
ALJ

Georges Colliers, Incorporated

EAJA fee application denied

Georges Colliers sought attorney's fees under the Equal Access to Justice Act after the Secretary's initially proposed penalties were reduced substantially in the underlying civil penalty cases. The judge found that the Secretary's effective settlement demand was a 50% reduction of the original…

April 26, 2004 ·David F. Barbour ·FMSHRC
Procedural
ALJ

Georges Colliers, Incorporated

EAJA fee application denied

Georges Colliers sought attorney's fees under the Equal Access to Justice Act after the Secretary's initially proposed penalties were reduced substantially in the underlying civil penalty cases. The judge found that the Secretary's effective settlement demand was a 50% reduction of the original…

April 26, 2004 ·David F. Barbour ·FMSHRC
Procedural
ALJ

Americold Logistics LLC.

Temporary reinstatement proceeding dismissed

The Secretary filed an application for temporary reinstatement on behalf of Christopher Wright after Americold Logistics requested a hearing. The parties continued the hearing while they worked toward a settlement of the underlying discrimination complaint. After the parties reached an agreement…

April 26, 2004 ·Jerold Feldman ·FMSHRC
Procedural
ALJ

Danica Plumbing and Heating, Inc.

Late contest dismissed after default

OSHA issued Danica Plumbing and Heating a serious citation after inspecting a Bronx worksite. The company received the remailed citation but did not submit its notice of contest within the 15-working-day deadline. It then failed to appear for the hearing on the late filing even though the Secretary…

April 26, 2004 ·Irving Sommer ·OSHRC
Procedural
COMM

United States, Department of Labor, Washington, D.C. (Agency) and American Federation of Government Employees, Local 12, AFL-CIO (Union)

Labor Department and AFGE Local 12 (FLRA WA-RP-02-0022): Two employees stay in bargaining unit

AFGE Local 12 sought to clarify the bargaining unit status of positions at the Department of Labor. The agency challenged a regional director's inclusion of a Mine Safety and Health Administration secretary and a budget officer. It argued that the secretary was a confidential employee and that the…

April 23, 2004 ·FLRA
Upheld
ALJ

G. A. West & Company, Inc.

Unsecured raised-load violation affirmed

G. A. West employees used a hydraulic jack while preparing a 41,000-pound paper-machine roll for shipment at an Alabama demolition site. The roll was not cribbed, blocked, or otherwise secured before employees tried to remove a dolly beneath it, and it fell and fatally injured one employee. The…

April 23, 2004 ·Stephen J. Simko, Jr. ·OSHRC
Citations affirmed
COMM

John Richards Construction

Request for relief denied

John Richards Construction asked the Commission for relief from a final Commission decision. The Commission previously allowed the request to proceed for the limited purpose of giving the operator an opportunity to provide information about how the request had been filed. After receiving the…

April 22, 2004 ·FMSHRC
Procedural
COMM

National Treasury Employees Union (Union) and United States, Department of Homeland Security, Bureau of Customs and Border Protection, Washington, D.C. (Agency)

CBP and NTEU (FLRA 0-NG-2733): Personal wireless device proposals outside bargaining duty

NTEU proposed allowing Customs and Border Protection inspectors to carry personal cell phones, pagers, or other wireless devices while working in primary and secondary inspection areas. Related proposals would permit responses to messages with a supervisor's approval or after leaving the work area…

April 22, 2004 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1442 (Union) and United States, Department of the Army , Letterkenny Army Depot, Chambersburg, Pennsylvania (Agency)

Letterkenny Army Depot and NFFE Local 1442 (FLRA 0-AR3729): Additional travel overtime denied

An Army depot employee traveled to and from an Army workshop outside some of his regular work hours. He received regular pay and compensatory time but sought additional overtime for all hours spent traveling. An arbitrator denied the grievance, finding that the workshop was administratively…

April 22, 2004 ·FLRA
Upheld
COMM

Moab Salt, LLC.

Final assessment reopening remanded

Moab Salt asked to reopen a $60 penalty assessment after it mistakenly sent payment for a citation instead of contesting the proposed penalty. The company said it had already filed a pre-penalty notice of contest for the citation and that internal confusion caused the payment. The Secretary did not…

April 15, 2004 ·FMSHRC
Remanded
COMM

Phoenix Construction Services, Inc.

In re Phoenix Construction Services, Inc. (EAB CWA Appeal No. 02-07): $23,000 penalty affirmed

Phoenix Construction Services, Inc. performed commercial and specialty construction work on a Florida park project and filled about 3.5 acres of wetlands while a Clean Water Act section 404 permit application was pending. EPA alleged that Phoenix discharged fill material without the required permit…

April 15, 2004 ·EPA EAB
Affirmed
COMM

United States, Army Corps of Engineers, Waterways Experiment Station, ERDC, Vicksburg, Mississippi (Respondent/Agency) and American Federation of Government Employees, Local 3310 (Charging Party/Union)

Army Corps Vicksburg and AFGE Local 3310 (FLRA AT-CA-01-0305): Coveralls complaint returned for a hearing

The Army Corps of Engineers agreed with AFGE Local 3310 to provide insulated coveralls to employees in Vicksburg, then refused to implement the agreement over concerns about using federal funds. An administrative law judge dismissed the union's unfair labor practice complaint without a hearing. The…

April 15, 2004 ·FLRA
Remanded
ALJ

Techno Coatings

Lead-abatement citations split

Techno Coatings removed lead-based paint at a naval pier in San Diego. The judge found that the company lacked a valid initial exposure assessment because its historical data came from different bridge locations and did not reliably match the current work. OSHA's own air samples did not credibly…

April 15, 2004 ·Robert A. Yetman ·OSHRC
Mixed result
COMM

International Association of Fire Fighters (Union) and United States, Department of the Navy, Naval Weapons Station Earle, Groton, Connecticut (Agency)

Naval Weapons Station Earle and IAFF (FLRA 0-NG-2745): Fire inspector schedule proposal rejected

The International Association of Fire Fighters proposed fixed 24-hour shifts for three fire inspectors at Naval Weapons Station Earle after the Navy reduced their scheduled hours. The union said its schedule would preserve pay and retirement benefits and keep inspectors available at both work…

April 15, 2004 ·FLRA
Upheld
COMM

International Association, of Machinists and Aerospace Workers (Union) and United States, Department of the Army, Corpus Christi Army Depot, Corpus Christi, Texas (Agency)

Corpus Christi Army Depot and IAMAW (FLRA 0-NG-2736): Drug testing and shift proposals rejected

The machinists' union proposed ending random drug testing for bargaining unit employees at Corpus Christi Army Depot and setting the third shift to five eight-hour days from Sunday through Thursday. The Authority found the testing proposal outside the duty to bargain because it would prevent the…

April 15, 2004 ·FLRA
Upheld
COMM

Alyeska Seafoods, Inc.

In re Alyeska Seafoods, Inc. (EAB NPDES Appeal No. 03-03): permit monitoring requirements upheld

Alyeska Seafoods operated a seafood-processing facility in Unalaska, Alaska, under an NPDES permit for discharges into South Unalaska Bay and Outer Unalaska Bay. The company challenged requirements to measure waste deposits on the seafloor to a depth of one-half inch and to conduct a far-field…

April 14, 2004 ·EPA EAB
Affirmed
COMM

Rough Branch Waste Water Treatment Plant

In re Rough Branch Waste Water Treatment Plant (EAB NPDES Appeal No. 04-02): petition withdrawn and appeal dismissed

The Eastern Band of Cherokee Indians challenged a permit for the Rough Branch Waste Water Treatment Plant. The petitioner's motion said it had reached a verbal agreement with EPA Region IV that resolved its concerns. The Environmental Appeals Board granted the request to withdraw the petition and…

April 13, 2004 ·EPA EAB
Settled
ALJ

Rockhouse Energy Mining Co.

Roof-fall penalties partly vacated, partly affirmed

Rockhouse Energy Mining Company and several employees were cited after an inspector concluded that miners had worked under unsupported roof during cleanup and bolting near a roof fall. Judge T. Todd Hodgdon found that the Secretary had not proved the alleged violation of 30 C.F.R. § 75.202(b)…

April 12, 2004 ·T. Todd Hodgdon ·FMSHRC
Mixed result
ALJ

Universal Maritime Service Corp. APM Terminal

Container fall-protection citations vacated

A longshoreman died after a crane unexpectedly lifted a container while he was on top detaching auxiliary lifting hooks. OSHA cited Universal Maritime for unsafe access to the container and failure to protect the employee from fall hazards while on top. The cited marine-terminal rules depended on…

April 12, 2004 ·Irving Sommer ·OSHRC
Citations vacated
ALJ

Staz-On Roofing, Inc.

Partial attorney-fee award granted

OSHA withdrew a fall-hazard training item against Staz-On Roofing at the start of the merits hearing, and the employer sought attorney fees and expenses under the Equal Access to Justice Act. The judge found Staz-On eligible and a prevailing party on the withdrawn item. He held that the Secretary…

April 12, 2004 ·Robert A. Yetman ·OSHRC
Procedural
COMM

National Treasury Employees Union (Union) and United States, Department of the Treasury, Office of the Comptroller of the Currency, Washington, D.C. (Agency)

OCC and NTEU (FLRA 0-NG-2730): Geographic pay protection proposal rejected

NTEU proposed that Office of the Comptroller of the Currency employees relocated during district restructuring keep their former geographic pay rate for three years if it was higher than the new location's rate. OCC argued that federal banking law gave the Comptroller sole authority to set employee…

April 12, 2004 ·FLRA
Upheld
COMM

United States, Department of Education (Agency) and American Federation of Government Employees, Local 3896 (Union)

Education Department and AFGE Local 3896 (FLRA 0-AR-3754): Retroactive career ladder promotion upheld

An Education Department loan analyst sought a career ladder promotion from GS-7 to GS-9. An arbitrator found that the agency failed to give her timely guidance on the proficiency requirements and that this delayed her promotion. He ordered the promotion retroactive to the first pay period after her…

April 12, 2004 ·FLRA
Upheld
COMM

United States, Department of the Air Force, Dover Air Force Base, Delaware (Agency) and American Federation of Government Employees, Local 1709 (Union)

Dover Air Force Base and AFGE Local 1709 (FLRA 0-AR-3749): Split arbitration fees upheld

An aircraft mechanic at Dover Air Force Base challenged numerical scores on his performance appraisal. The arbitrator found the grievance timely but denied it on the merits, then divided his fees equally because each side had prevailed on one issue. The Air Force challenged the fee split, arguing…

April 12, 2004 ·FLRA
Upheld
COMM

United States, Department of Justice, Federal Bureau of Prisons, United States Penitentiary, Marion, Illinois (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 2343 (Union)

Marion federal prison and AFGE Local 2343 (FLRA 0-AR-3730): Medical expense reimbursement set aside

Supervisors at the federal prison in Marion required an employee to obtain medical documentation for a two-day sick leave absence. An arbitrator found that this violated the parties' agreement and ordered the agency to reimburse the employee's doctor co-pay and travel mileage. The Authority upheld…

April 8, 2004 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 217 (Union) and United States, Department of Veterans Affairs, Medical Center, Augusta, Georgia (Agency)

Augusta VA medical center and AFGE Local 217 (FLRA 0-AR-3793): Union exceptions denied

AFGE Local 217 challenged an arbitration award involving the VA medical center in Augusta, Georgia. The Authority reviewed the union's exceptions under 5 U.S.C. § 7122(a) and concluded that they did not establish a ground for setting aside the award. It denied the exceptions. The brief decision…

April 7, 2004 ·FLRA
Upheld
COMM

United States, Department of Defense, Education Activity, Arlington, Virginia (Agency) and Federal Education Association (Union)

Defense Education Activity and FEA (FLRA 0-AR-3752): Debt collection award upheld

The Federal Education Association challenged the Defense Education Activity's efforts to recover alleged employee benefit overpayments through wage deductions. An arbitrator found that the agency had omitted required debt collection safeguards and had collected amounts based on invalid debt…

April 7, 2004 ·FLRA
Upheld
COMM

Stillwater Asphalt

Penalty reopening request remanded

Stillwater Asphalt asked to reopen two penalty assessments that had become final orders. The company stated only that it had ceased operations, and it supplied no supporting documentation or explanation for failing to contest the assessments. The Commission consolidated the two dockets and remanded…

April 6, 2004 ·FMSHRC
Remanded
COMM

Mille Lacs Wastewater Treatment Facility

In re Mille Lacs Wastewater Treatment Facility (EAB NPDES Appeal No. 03-08): permit review denied

EPA Region 5 issued an NPDES permit to ML Wastewater Management, Inc. and the Mille Lacs Band of Ojibwe Indians for the Mille Lacs Wastewater Treatment Facility. The facility was on land recently transferred into trust for the Band, and EPA concluded that the location was within an Indian…

April 6, 2004 ·EPA EAB
Affirmed
COMM

Highlands Mining & Processing Company, Inc.

Default relief remanded

Highlands Mining failed to answer the Secretary's penalty petitions, so the Chief Administrative Law Judge entered default orders in two cases. The company's president later asked for relief, explaining that its representative had been ill and that the company did not understand the procedures. The…

April 6, 2004 ·FMSHRC
Remanded
COMM

Jerry Lee Wildey, employed by Stewart Excavating, Inc.

Individual penalty assessment remanded for a good-cause determination

Jerry Lee Wildey, Stewart Excavating’s safety coordinator and crusher foreman, received a proposed individual penalty for an alleged Mine Act section 110(c) violation. He did not understand the appeal process, but he sent MSHA a certified letter discussing the violations and asking for lower…

April 5, 2004 ·FMSHRC
Remanded
COMM

Christensen Construction and Gravel, Inc.

Penalty contest remanded for a good-cause determination

Christensen Construction and Gravel failed to timely contest a proposed penalty after confusing it with an earlier penalty that had been settled. The Secretary did not oppose the operator’s request to reopen the resulting final order. The Commission remanded the matter to the Chief Administrative…

April 5, 2004 ·FMSHRC
Remanded
COMM

Double J Sand & Rock

Three penalty assessments remanded for a good-cause determination

MSHA issued three proposed penalty assessments to Double J Sand & Rock for a mine in La Paz County, Arizona. Double J challenged the underlying violations and the inspector’s conduct, but did not explain why it had failed to timely contest the assessments. The Secretary did not oppose reopening the…

April 5, 2004 ·FMSHRC
Remanded
ALJ

Well Rise Fashion

Late notice of contest dismissed

OSHA issued Well Rise Fashion serious and non-serious citations after inspecting its New York worksite. The company responded more than two months after the 15-working-day contest period had expired and asked for reconsideration and lower penalties. The judge found no deception by the Secretary…

April 5, 2004 ·Irving Sommer ·OSHRC
Citations affirmed
COMM

United States, Department of Justice, Federal Bureau of Prisons, United States Penitentiary, Leavenworth, Kansas (Agency) and American Federation of Government Employees, Local 919, Council of Prison Locals, Council 33 (Union)

Leavenworth federal prison and AFGE Local 919 (FLRA 0-AR-3682): Reconsideration denied

In an earlier decision, the Authority set aside part of an arbitration award that paid Leavenworth prison employees for ten minutes of preparatory or concluding work per day. The union asked the Authority to reconsider, arguing that testimony showed employees sometimes worked more than ten minutes…

April 5, 2004 ·FLRA
Procedural
COMM

American Federation of State, County and Municipal Employees Council 26, Local 2830, AFL-CIO (Union/Respondent) and United States, Department of Justice, Office of Justice Programs (Activity/Petitioner)

AFSCME Local 2830 and Justice Department (FLRA 0-MC-20): Stay of impasse proceeding denied

AFSCME Local 2830 asked the Authority to stop the Federal Service Impasses Panel from taking jurisdiction over its bargaining dispute with the Justice Department's Office of Justice Programs. The union pointed to three related matters pending before other FLRA components: an unfair labor practice…

April 2, 2004 ·FLRA
Procedural
COMM

United States, Department of the Army, Corps of Engineers, Huntington District, Huntington, West Virginia (Agency) and American Federation of Government Employees, Local 3729 (Union)

Huntington Corps of Engineers and AFGE Local 3729 (FLRA 0-AR-3751): Parking accommodation award set aside

An employee of the Army Corps of Engineers' Huntington District requested a parking space behind her workplace as an additional accommodation for a disability. The arbitrator ordered the agency to provide the space, but the Authority set that part of the award aside. The agency had asked for…

March 31, 2004 ·FLRA
Mixed result
COMM

United States, Department of Justice, Federal Bureau of Prisons, Metropolitan Detention Center, Guaynabo, Puerto Rico (Agency) and American Federation of Government Employees, Council of Prison Locals, Local 4052 (Union)

Guaynabo detention center and AFGE Local 4052 (FLRA 0-AR-3701): Harassment remedies upheld

An arbitrator found that a supervisor at the Guaynabo federal detention center sexually harassed a female correctional officer in violation of Title VII and the bargaining agreement. The award barred the supervisor from supervising her, required him to stay more than ten feet away, and limited…

March 31, 2004 ·FLRA
Upheld
COMM

United States Department of Veterans Affairs, Augusta, Georgia (Agency) and American Federation of Government Employees, Local 217 (Union)

Augusta VA and AFGE Local 217 (FLRA 0-AR-3688): Contract specialist selection award set aside

Two Augusta VA employees grieved after the agency selected outside candidates for contract specialist vacancies without interviewing them. An arbitrator found that the agency had to stay within the internal candidate pool absent union consent and ordered relief for the employees. The Authority set…

March 30, 2004 ·FLRA
Set aside
COMM

Certified Road Constructors, Inc.

Two-citation penalty assessment remanded for a good-cause determination

Certified Road Constructors received an assessment covering two citations. The company said it paid the proposed penalty for one citation and checked the assessment form to request a conference on the other, but later could not determine from MSHA what happened to that request. The assessment copy…

March 29, 2004 ·FMSHRC
Remanded
ALJ

Gochenour's Minerals & Mining

Two citations affirmed, one vacated, and $60 penalty assessed

Gochenour’s Minerals & Mining operates an underground gemstone mine in California. Judge Richard W. Manning found that the mine’s explosives magazines lacked the required electrical bonding connections and that a generator conductor lacked adequate protection, but found neither violation serious…

March 29, 2004 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

Celite Corporation

Citation contest remanded for a good-cause determination

Celite Corporation said it timely requested a hearing on one of four citations in a proposed penalty assessment, but MSHA later said it had not received the request. Celite did not provide supporting documentation, and the Secretary did not oppose reopening the final penalty order. The Commission…

March 29, 2004 ·FMSHRC
Remanded
COMM

Ray Brown Enterprises

Default dismissal remanded after settlement discussions

An ALJ dismissed Ray Brown Enterprises’ civil penalty proceeding after the operator failed to answer the Secretary’s penalty petition and a show-cause order. Ray Brown said it was negotiating a settlement with the Secretary and had signed the agreement and sent a check before the default dismissal…

March 29, 2004 ·FMSHRC
Remanded
COMM

Keith Crabtree, employed by Pro-Industrial Welding, Inc.

Individual penalty assessment remanded after consolidation confusion

Keith Crabtree, the owner of Pro-Industrial Welding, received an individual proposed penalty tied to a citation for which the company had already filed a contest. Crabtree said he believed discussions about consolidating the company and individual cases meant he did not need to file a separate…

March 29, 2004 ·FMSHRC
Remanded
COMM

City of San Diego

In re City of San Diego (EAB NPDES Appeals Nos. 02-07 and 02-08): appeals withdrawn with reservation of rights

The City of San Diego and environmental groups challenged NPDES permits issued to the City by EPA Region IX. The parties agreed to several projects, including improved ocean monitoring, a biological aerated filter pilot, and a reclaimed-water study, and jointly asked to withdraw the appeals. The…

March 29, 2004 ·EPA EAB
Settled
COMM

Van Buren County Road Department

County penalty assessment remanded for a good-cause determination

MSHA issued a proposed penalty assessment to the Van Buren County Road Department for alleged violations at its county crusher site. After taking office, the county judge believed the earlier orders and citations had been handled by the prior administration, but learned that the assessment remained…

March 29, 2004 ·FMSHRC
Remanded
COMM

Meridian Aggregates Company

Default dismissal remanded after certified response

An ALJ dismissed Meridian Aggregates’ civil penalty proceeding after the company failed to answer the Secretary’s penalty petition and a show-cause order. Meridian said it had sent a response to the citations and proposed penalties and supplied a return receipt showing delivery to the Secretary…

March 29, 2004 ·FMSHRC
Remanded
ALJ

Lourdes Hospital

Bloodborne items vacated, lockout items affirmed

OSHA cited Lourdes Hospital for operating-room practices under the bloodborne-pathogens standard and maintenance procedures under the lockout/tagout standard. The judge found that Lourdes' neutral-zone policy, including a limited exception for hand-to-hand sharps transfers, satisfied the…

March 29, 2004 ·Covette Rooney ·OSHRC
Mixed result
ALJ

Jim Walter Resources, Inc.

Protective-order motion denied and depositions allowed

Jim Walter Resources contested a citation and an abatement order concerning methane control in a longwall bleeder system at its No. 5 Mine. MSHA sought a protective order to prevent depositions of three agency officials, arguing that the officials lacked firsthand knowledge, their communications…

March 26, 2004 ·David F. Barbour ·FMSHRC
Procedural
COMM

D.A. Doughty & Sons

Penalty assessment remanded for a good-cause determination

D.A. Doughty & Sons asked to reopen a proposed penalty assessment that had become a final Commission order after the company did not timely contest it. The company said it never received notice of the underlying citation and did not receive the February 25, 2002 proposed assessment until late…

March 25, 2004 ·FMSHRC
Remanded
COMM

CKC Materials Division

Default dismissals remanded for a good-cause determination

CKC Materials asked the Commission to reopen three default dismissals after it failed to answer MSHA penalty petitions and the ALJ’s orders to show cause. CKC said its owner was extremely ill and its general manager could not consult with the owner to file the answers. The Secretary agreed that the…

March 25, 2004 ·FMSHRC
Remanded
COMM

RAT Contractors Inc.

Default dismissal remanded for a good-cause determination

RAT Contractors asked for relief from an ALJ’s default dismissal of a civil penalty proceeding. The company said it was no longer in business, but did not explain why it failed to answer the judge’s order to show cause. The Secretary took no position on the request. The Commission remanded the…

March 25, 2004 ·FMSHRC
Remanded
COMM

Cosby-Carmichael, Inc.

Penalty assessment remanded after certified mail was returned unclaimed

MSHA sent Cosby-Carmichael a proposed penalty assessment by certified mail, but the mail was returned unclaimed. The company said it never received the assessment and learned of it only after receiving a delinquent-penalty notice. The Secretary did not oppose relief. The Commission remanded the…

March 25, 2004 ·FMSHRC
Remanded
COMM

Leeco, Incorporated

Penalty assessment remanded for a good-cause determination

Leeco asked to reopen a proposed penalty assessment that had become a final Commission order after the company did not timely notify MSHA that it contested the penalty. Leeco said it had checked the violations it wanted to contest to have a formal hearing set, but never received a response. The…

March 25, 2004 ·FMSHRC
Remanded
COMM

South Texas Aggregates, Inc.

Three penalty assessments remanded after mistaken fine-reduction request

South Texas Aggregates sent a letter to the Department of Labor’s Solicitor’s Office asking for fine reductions instead of sending a contest to the proper office. The company realized its mistake after a representative called about the missing citations. The Secretary opposed relief. The Commission…

March 25, 2004 ·FMSHRC
Remanded
COMM

Laredo Paving, Inc.

Default dismissal remanded for a good-cause determination

Laredo Paving asked to reopen a default dismissal after it failed to respond to an ALJ’s order to show cause in a civil penalty case. The company said it had denied the violations and requested a hearing, then did not respond to the show-cause order because it was involved in settlement…

March 25, 2004 ·FMSHRC
Remanded
COMM

United States, Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association, AFL-CIO (Union)

FAA and air traffic controllers union (FLRA 0-AR-3700): Decertification remedy set aside

After an incident at Atlantic City International Airport, the FAA suspended an air traffic controller for one day and temporarily removed his Controller-in-Charge certification. The arbitrator found the suspension justified but also ordered compensation for the decertification period. The Authority…

March 25, 2004 ·FLRA
Modified

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.