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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Morton International
Settlement approved after discrimination violation
An earlier liability decision found that Morton International violated the Mine Act by suspending Eddie Jeanlouis, Sr. for two weeks. The parties later reached a confidential settlement concerning the relief owed to Jeanlouis, and the Secretary separately sought a $4,000 civil penalty for the…
Mid-America Mining and Development, Inc., and its Successors
Mid-America Mining and Development, Inc. (FMSHRC CENT 2003-308-D, CENT 2003-247-D): Temporary reinstatement proceeding reopened
Mid-America Mining and Development operated an underground coal mine in Arkansas and had economically reinstated Bobby D. Smith after the Secretary filed a temporary-reinstatement case on his behalf. After the mine closed and most employees were laid off, the company asked to end or change Smith’s…
D & F Mine Buck Drift
One citation vacated and three modified
D & F operated a small underground anthracite coal mine in Pennsylvania. MSHA alleged that the mine used an excessively wide gangway, failed to follow its approved roof control plan, denied inspectors entry on two occasions, and proposed $2,628 in penalties. Judge Michael E. Zielinski vacated the…
Washington Aqueduct Water Treatment Plant
In re Washington Aqueduct Water Treatment Plant (EAB NPDES Appeal No. 03-07): permit appeal dismissed after partial withdrawal
The U.S. Army Corps of Engineers appealed portions of an NPDES permit for the Washington Aqueduct Water Treatment Plant. EPA Region III withdrew those provisions while it prepared new draft conditions after interagency negotiations. The Environmental Appeals Board denied a joint request for remand…
Social Security Administration, Office of Hearings and Appeals, Falls Church, Virginia (Agency) and International Federation of Professional and Technical Engineers, Association of Administrative Law Judges (Union)
SSA Office of Hearings and Appeals and ALJ union (FLRA 0-AR-3660): Reassignment award stands
The Social Security Administration hired new administrative law judges after a collective bargaining agreement took effect. An arbitrator found that the agency should first have considered incumbent judges for reassignment to the same offices under the new agreement. The award gave affected judges…
American Federation of Government Employees, Local 3911 (Union) and United States, Environmental Protection Agency, Region 2, New York, New York (Agency)
AFGE Local 3911 and EPA Region 2 (FLRA 0-AR-3713): Supervisory detail grievance remains excluded
AFGE Local 3911 grieved EPA Region 2's temporary assignment of bargaining unit employees to two supervisory Section Chief positions. The arbitrator found that the agreement's detail procedures applied only to positions within the bargaining unit, leaving the grievance outside the negotiated…
United States, Department of Labor, Washington, D.C. (Agency) and American Federation of Government Employees, Local 12 (Union)
Department of Labor and AFGE Local 12 (FLRA 0-AR-3665): Backpay award for missed selection upheld
The Department of Labor posted a vacancy with a broader eligibility area online than it had printed, allowing an employee outside the intended office to compete for a GS-6 job. An arbitrator found that the agency's mistake caused an eligible employee to miss the selection and awarded her backpay…
United States, Environmental Protection Agency, Region 2 (Agency) and American Federation of Government Employees, Local 3911 (Union)
EPA Region 2 and AFGE Local 3911 (FLRA 0-AR-3659): Classification and posting remedies set aside
An EPA Region 2 employee grieved her position description and alleged unfair treatment after seeking a higher grade. The arbitrator ordered a revised position evaluation and a notice to employees, among other relief. The Authority held that the revised evaluation crossed into position…
Jewell Smokeless Coal Corp.
Dismissal rescinded and hearing rescheduled
Larry E. Mullins filed a Mine Act discrimination complaint against Jewell Smokeless Coal Corp. The Judge had initially dismissed the case because the complaint was filed 44 days beyond the 60-day statutory period and the Respondent had not shown justifiable circumstances for the delay. On further…
Ryan Southcombe v. A Mark, B Mark, C Mark Corporation and Travelers Insurance
Southcombe v. A Mark, B Mark, C Mark (BRB 03-0261): marina building work lacked maritime status
Ryan Southcombe was injured while unloading steel beams for a future megayacht service building at a marina. His employer accepted a state workers' compensation claim but contested Longshore Act coverage. The Board agreed that the injury occurred at a covered waterfront site, yet held that…
United States, Department of Transportation, Federal Aviation Administration (Respondent) and American Federation of State, County and Municipal Employees, Council 26 (Charging Party/Union)
FAA and AFSCME Council 26 (FLRA WA-CA-01-0386): Agreement execution complaint dismissed
AFSCME Council 26 argued that the FAA unlawfully refused to sign a negotiated collective bargaining agreement. The parties had agreed on substantive terms, but the FAA had made Office of Management and Budget approval a condition for a final agreement. The Authority agreed with the administrative…
Weber # 4-8
In re Weber # 4-8 (EAB UIC Appeal No. 03-01): permit vacated and remanded for a complete administrative record
Daniel E. Weber petitioned for review of a Class II Underground Injection Control permit issued to Team Completions, L.L.C. for an oil and gas disposal well in Michigan. Weber submitted timely comments, but the Region issued the final permit before the delegated decision maker signed the required…
United States, Department of Defense, Defense Commissary Agency (Agency) and National Association of Government Employees, Local R4-45 (Union)
Defense Commissary Agency and NAGE Local R4-45 (FLRA O-AR-3696): Arbitration exception denied
The Defense Commissary Agency challenged an arbitration award issued by Arbitrator Jonas Aarons. It argued that the award conflicted with a Federal Circuit decision about review of a Merit Systems Protection Board action. The Authority found that the cited decision concerned actions covered by 5…
American Federation of Government Employees, Local 3309 (Union) and International Boundary and Water Commission, United States and Mexico, United States Section, El Paso, Texas (Agency)
AFGE Local 3309 and the International Boundary and Water Commission (FLRA 0-AR-3747): Union exceptions denied
AFGE Local 3309 challenged an arbitration award involving the International Boundary and Water Commission's United States Section. The Authority concluded that the union had not established a defect in the award under 5 U.S.C. § 7122(a). It cited precedent on an arbitrator exceeding the scope of a…
American Federation of Government Employees, Local 3935 (Union) and United States, Department of Justice, Federal Bureau of Prisons, Federal Prison Camp, Duluth, Minnesota (Agency)
AFGE Local 3935 and FPC Duluth (FLRA O-NG-2706): Seniority assignment proposal rejected
AFGE Local 3935 proposed assigning or reassigning unit secretaries at a federal prison camp by seniority. The Authority found that qualifying for the secretary position did not mean every secretary was equally qualified for each particular team assignment. The proposal would prevent prison…
United States, Department of Defense, Defense Commissary Agency, Northeast Region, Groton, Connecticut (Respondent) and National Association of Government Employees, SEIU, AFL-CIO, Local R1-100 (Charging Party/Union)
Defense Commissary Agency and NAGE Local R1-100 (FLRA BN-CA-02-0529): Removed cashier stools must be restored
The Defense Commissary Agency removed stools from cashier stations at the New London Commissary without first bargaining with NAGE Local R1-100. The Authority adopted the administrative law judge's finding that this violated federal labor law. It reversed the judge's refusal to order the stools…
McLeod Land Services, Inc.
Four serious trench violations affirmed
McLeod Land Services installed underground drainage pipe at a retirement-community construction project in Sarasota, Florida. Two employees worked in a trench while an excavator's tracks extended over its unsupported vertical end wall. The judge found that McLeod did not adequately train its…
Randalls Food and Drugs, Inc.
Ammonia process-safety violations split
Randalls Food and Drugs operated a Houston food warehouse with an anhydrous-ammonia refrigeration system. The judge affirmed a process-safety violation because Randalls did not timely complete, document, and communicate actions responding to its process-hazard analysis. He also affirmed…
Professional Airways Systems Specialists (Union) and United States, Department of Transportation, Federal Aviation Administration, Kansas City, Missouri (Agency)
PASS and the FAA (FLRA 0-NG-2702): Take-home work proposal outside duty to bargain
The Professional Airways Systems Specialists union proposed that FAA employees could take additional assignments home for evening or weekend work and receive compensatory time or overtime pay. The Authority read the proposal to mean that management would generally be expected to approve a justified…
American Federation of Government Employees, Local 3882 (Union) and United States, Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Ray Brook, New York (Agency)
AFGE Local 3882 and FCI Ray Brook (FLRA 0-AR-3676): Lunch-break overtime grievance remanded
Correctional officers at FCI Ray Brook claimed overtime pay for work during scheduled unpaid lunch breaks. The arbitrator dismissed their grievance as late under the 40-day filing limit in the collective bargaining agreement, without deciding whether the officers had worked during those breaks. The…
United States, Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Beaumont, Texas (Agency) and American Federation of Government Employees, Council of Prisons Local C-33 (Union)
FCC Beaumont and AFGE Council of Prisons Local C-33 (FLRA 0-AR-3675): Promotion and premium-pay remedies set aside
An arbitrator found that the Federal Correctional Complex in Beaumont had breached its labor agreement by putting a correctional officer on home duty without just cause. He ordered a promotion and backpay for overtime, shift differentials, and Sunday work the officer had missed. The Authority set…
Northshore Mining Company
Discrimination petition dismissed
Paul Landreville alleged that Northshore Mining terminated him because he raised electrical and other safety concerns at its Minnesota taconite mine. Northshore said it terminated him for a serious lockout failure, dishonesty, unsafe work, and other performance problems. Judge Irwin Schroeder found…
Schimenti Construction Co.
Citations affirmed after contest abandoned
OSHA cited Schimenti Construction after inspecting a Hartsdale, New York worksite. The company did not appear for a telephone prehearing conference or respond to requests from the Secretary or the Commission. The judge found that Schimenti abandoned its contest and affirmed two serious electrical…
McWane, Inc. Dba Atlantic States Cast Iron & Pipe
Abatement petitions resolved
McWane filed two petitions seeking modification of OSHA abatement requirements. After negotiations, the company withdrew its requests concerning several citation items in both dockets. The judge granted the remaining request in docket 03-1450, adjusting the abatement date for Citation 2, Item 2 to…
MJP Construction Co., Inc.
Citations affirmed after case abandoned
OSHA cited MJP Construction after inspecting a Hoboken, New Jersey worksite. MJP's counsel reported that the company had gone out of business and would no longer defend the case. The judge treated the complaint's allegations as admitted and affirmed a serious stairway violation with a $2,000…
Martin Marietta Aggregates
Economic reinstatement ordered by agreement
Martin Marietta Aggregates operated the Weeping Water Mine and employed Justin Hansen as a mechanic/welder. The Secretary alleged that Hansen was fired after reporting an unsafe practice through the company ethics hotline and obtaining a protection order related to a physical altercation with a…
Sherwin Alumina Company
Trial stay amended
Sherwin Alumina asked to move the trial of its consolidated contest and civil penalty cases to May 2004 because the parties needed more preparation time. Judge Gary Melick found that the requested delay was extraordinary and inconsistent with the Commission’s case-management plan, especially…
National Association of Government Employees, Local R3-32 (Union) and United States, Department of the Air Force, Willow Grove Air Reserve Station, Willow Grove, Pennsylvania (Agency)
NAGE Local R3-32 and Willow Grove Air Reserve Station (FLRA O-AR-3673): Seven-day suspension left in place
The Air Force suspended a union local president for seven days after a dispute with her supervisor. An arbitrator found just cause for the suspension, crediting testimony that she made a threatening remark and gestures and refused repeated requests to leave. The union challenged the award…
American Federation of Government Employees, Local 446 (Union) and United States, Department of Veterans Affairs, Medical Center, Asheville, North Carolina (Agency)
AFGE Local 446 and Asheville VA Medical Center (FLRA 0-AR-3711): Nurse incentive awards rejected
The Asheville VA Medical Center and AFGE Local 446 disputed a proposed incentive program for nurses. It would have rewarded perfect attendance, selection for preceptor work, length of service, and earning a higher nursing degree. An arbitrator found the four award categories inconsistent with…
Hubert Hymel v. McDermott, Incorporated; intervention of H.W. Bailey and J. Dennis David
Hymel v. McDermott (BRB 03-0643): officers' intervention denied in compensation case
Hubert Hymel filed a Longshore Act claim and a separate state tort suit concerning workplace exposure; after his death, his son continued both proceedings. Two former McDermott officers named in the tort suit tried to intervene in the federal compensation case to seek a ruling that the Act shielded…
John E. Meinert v. Fraser, Incorporated and American Home Assurance Company
Meinert v. Fraser (BRB 03-0377): mechanic retraining plan upheld
John Meinert injured his shoulder while working as a diesel mechanic, then sought vocational help after losing later employment. A rehabilitation counselor recommended training in motorcycle and small engine repair, and the district director approved the plan. Fraser argued that retraining was…
Richard Carpenter v. California United Terminals and Stevedoring Services of America
Carpenter v. California United Terminals (BRB 03-0213): concurrent awards and medical liability reviewed
Richard Carpenter received separate Longshore Act disability awards after injuries while working for Stevedoring Services of America and California United Terminals. The Board upheld the judge's findings that the first injury reduced his earning capacity and the later injury left him permanently…
Sanderson Farms, Inc. (Processing Division)
Party name corrected in settlement order
Sanderson Farms and the Secretary settled a contested serious citation. The settlement vacated, reclassified, amended, and affirmed citation items according to the parties' stipulation, assessed a $250 penalty, and allowed the company to withdraw its contest. The Commission directed review to…
American Federation of Government Employees, Local 1156 (Union) and United States, Department of the Navy, Naval Inventory Control Point, Mechanicsburg, Pennsylvania (Agency)
AFGE Local 1156 and Naval Inventory Control Point (FLRA 0-AR-3697): Union arbitration exceptions denied
AFGE Local 1156 challenged an arbitration award involving the Navy's Naval Inventory Control Point in Mechanicsburg. The Authority found that the union had not shown a defect in the award under the standard for reviewing arbitration exceptions. It cited the rule that an award is not set aside for…
United States, Department of the Army, United States Army Reserve, Personnel Command, St. Louis, Missouri (Agency) and American Federation of Government Employees, Local 900 (Union)
Army Reserve Personnel Command and AFGE Local 900 (FLRA 0-AR-3693): Higher-grade backpay award set aside
AFGE Local 900 sought higher-grade pay for Army Reserve Personnel Command employees who performed duties associated with higher-grade positions. An arbitrator awarded the difference in pay after finding that the assignments violated an agency memorandum. The Authority set aside the award because…
American Federation of Government Employees, Local 446 (Union) and United States, Department of Veterans Affairs, Medical Center, Asheville, North Carolina (Agency)
AFGE Local 446 and Asheville VA Medical Center (FLRA 0-AR-3702): Premature arbitration exceptions dismissed
AFGE Local 446 grieved the Asheville VA Medical Center's use of fee basis nurses, alleging that it deprived bargaining unit nurses of overtime opportunities. The arbitrator stayed the case while the VA Under Secretary for Health determined whether the grievance could be arbitrated under Title 38…
Drummond Company, Inc.
Imminent-danger order dismissed
Drummond Company operated the underground Shoal Creek coal mine. MSHA issued an imminent-danger order after a mine safety inspector learned that 6.4 percent methane had been found in part of the G-2 longwall panel, where electrical pumps and miners were reportedly present. The judge found that the…
Joseph Spencer v. Jahna Industries, Inc.
Motion to dismiss denied and hearing scheduled
Joseph Spencer, representing himself, alleged that Jahna Industries fired him after he reported problems with equipment that had injured him. Jahna argued that Spencer's complaint was only about a workers' compensation claim, which is not itself protected activity under the Mine Act. Judge David F…
Noble Drilling, Inc.
OSHA jurisdiction upheld, citations vacated
Noble Drilling was converting an offshore drilling unit at a Mississippi shipyard after surrendering its Coast Guard certificate of inspection. An electronics technician died after attempting to descend structural supports inside a disabled elevator shaft, and OSHA cited fixed-ladder, illumination…
American Federation of Government Employees, Local 1812 (Union) and Broadcasting Board of Governors, Washington, D.C. (Agency)
AFGE Local 1812 and Broadcasting Board of Governors (FLRA 0-NG-2711): Tour stop rejected, partition proposals elective
AFGE Local 1812 proposed that public tours of the Multimedia Broadcasting Center show the radio studios and that taller partitions separate employee workstations. The Authority found the tour proposal outside the duty to bargain because the union had not shown a direct effect on employees' working…
Eddie M. Jeanlouis, Sr. v. Morton International
Settlement approved and discrimination case dismissed
Eddie M. Jeanlouis, Sr. challenged a two-week unpaid suspension by Morton International under the Mine Act's discrimination provision. An earlier liability decision found that the suspension violated section 105(c), and the parties then negotiated a settlement covering relief and related claims…
Galluzzo Equipment & Excavating, Inc.
Most excavation violations affirmed
Galluzzo Equipment & Excavating installed a concrete catch basin and pipe in a street excavation in Lodi, New Jersey. The judge affirmed serious violations involving trench-safety training, the lack of a competent person, missing hard hats, an unsecured pneumatic-hose coupling, an unprotected spoil…
ConAgra Beef Company
Platform fall-protection citation vacated
ConAgra Beef Company used mechanized platforms to split suspended beef carcasses at its Cactus, Texas plant. OSHA alleged that employees on three platforms lacked fall protection, and two compliance officers testified that they saw one employee working without using the provided tether. The judge…
United States, Department of the Army, U.S. Army Corps of Engineers, Northwestern Division, Portland, Oregon (Agency) and United Power Trades Organization (Union)
Army Corps Northwestern Division and United Power Trades Organization (FLRA 0-AR-3703): Pay-system award set aside
Three Army Corps of Engineers warehouse employees were hired under the Wage Grade pay system but performed work associated with the Trades and Crafts system. An arbitrator ordered backpay after finding they should have been placed in the latter system. The Authority set aside the award because the…
Colorado Lava, Inc. v. Secretary of Labor
EAJA fee application denied
Colorado Lava prevailed in an earlier discrimination case after the Commission remanded the matter and the judge found that the Secretary had not proved discriminatory motivation. Colorado Lava then sought attorney fees and expenses under the Equal Access to Justice Act, arguing that the…
Social Security Administration, Office of Hearings and Appeals, Region II, Buffalo Office of Hearings and Appeals, Buffalo, New York (Respondent) and Association of Administrative Law Judges, International Federation of Professional and Technical Employees, AFL-CIO (Charging Party)
SSA Buffalo and Association of Administrative Law Judges (FLRA BN-CA-01-0377): Reconsideration denied
The Association of Administrative Law Judges asked the Authority to reconsider the scope of an earlier remedial order against the Social Security Administration's Buffalo hearings office. The Authority held that the union had not shown the extraordinary circumstances required for reconsideration…
Kit Carson Apartments, LLC; Helten Enterprises, LLC; and Ronald Helten
EAJA fee request denied
Kit Carson Apartments sought $55,065 in attorney fees and $1,091.62 in expenses after the underlying asbestos case was dismissed against it under a settlement identifying Helten Enterprises as the employer. The judge found that Kit Carson Apartments was eligible for an award and was a prevailing…
National Association of Government Employees, Local R1-144, FUSE (Union) and United States, Department of the Navy, Naval Undersea Warfare Center Division Newport, Newport, Rhode Island (Agency)
NAGE Local R1-144 and Naval Undersea Warfare Center Newport (FLRA 0-AR-3668): Union exceptions denied
NAGE Local R1-144 challenged an arbitration award involving the Navy's Naval Undersea Warfare Center Division Newport. The Authority concluded that the union had not established a defect in the award under 5 U.S.C. § 7122(a). It cited precedents governing claims that an arbitrator exceeded his…
Eugene Floyd v. Penn Terminals, Incorporated and Signal Mutual Indemnity Association, Limited
Floyd v. Penn Terminals (BRB 03-0342): wage loss calculation returned to judge
Eugene Floyd injured his back while working for Penn Terminals and later received periods of total and partial disability benefits. A judge found that he had underreported post-injury earnings and ordered forfeiture for a defined period. On appeal, the Board upheld the judge's authority to decide…
United States, Department of the Air Force, Headquarters 92nd Air Refueling Wing, Fairchild Air Force Base, Washington (Agency) and Fairchild Federal Employees Union, Local 987 (Union)
92nd Air Refueling Wing and Fairchild Federal Employees Union (FLRA 0-AR-3705): Shared arbitration costs upheld
A union grieved the removal of a probationary employee at Fairchild Air Force Base. The arbitrator ruled that the grievance was outside his jurisdiction but ordered the agency and union to share the arbitration fees equally. The Air Force challenged that cost allocation, arguing that the union was…
United States, Department of Defense, Texas National Guard, Austin, Texas (Agency) and American Federation of Government Employees, Council 141 (Union)
Texas National Guard and AFGE Council 141 (FLRA 0-AR-3669): Technician pay remedy set aside
A Texas National Guard technician did not receive notice of a Sunday aircraft-launch assignment and reported for his usual Monday workday instead. An arbitrator found that the Guard had violated the contract's advance-notice requirement and ordered pay for Monday's work at the Sunday overtime rate…
Belrose Fire Supression, Inc.
Late notice of contest dismissed
OSHA mailed Belrose Fire Suppression a citation that the company received on November 25, 2002. Belrose did not file its notice of contest by the December 17 deadline and instead filed on January 28, 2003. The judge found that OSHA used proper certified-mail procedures and that the citation itself…
United States, Department of Homeland Security, Border and Transportation Security Directorate, Transportation Security Administration (Agency) and American Federation of Government Employees, AFL-CIO (Labor Organization/Petitioner)
TSA and AFGE (FLRA WA-RP-03-0023): Screener election petitions dismissed
AFGE sought elections to represent TSA passenger, baggage, and lead screeners. A regional director dismissed the petitions after the TSA Under Secretary determined that security screeners would not be represented for collective bargaining. The Authority granted review because it had no prior…
N. Picco & Sons Contracting Co., Inc.
Scaffold and housekeeping violations affirmed
N. Picco & Sons was constructing a three-story addition to a school in Bronxville, New York. OSHA observed two employees working 36 and 42 feet above ground on a scaffold with improper fall-arrest anchorage, incomplete planking, an excessive gap from the building, and no suitable access. The judge…
Secretary of Labor on behalf of Joseph M. Ondreako v. Kennecott Utah Copper Corporation
Temporary reinstatement affirmed
Joseph M. Ondreako alleged that Kennecott Utah Copper demoted and laid him off because of safety complaints. An administrative law judge ordered temporary reinstatement after finding that the discrimination complaint was not frivolous. The Commission granted Kennecott's petition for review but…
New River Electrical Corp.
Energized-line clearance citations vacated
New River Electrical was installing energized utility lines in Ohio when an experienced journeyman lineman died after his bare hand held a grounded neutral line and his upper body contacted an energized metal fitting. OSHA cited two electrical-clearance provisions. The judge held that the…
Allied Custom Gypsum
Off-site gypsum plant held within MSHA jurisdiction
Allied Custom Gypsum operated the Bessie Plant, an off-site facility that crushed, ground, sized, and dried gypsum transported from a mine about 70 miles away. Allied argued that MSHA had no jurisdiction because the facility was not located on mine property and the processing did not separate waste…
Larry G. Carroll v. M. Cutter Company, Incorporated and Liberty Northwest Insurance Company
Carroll v. M. Cutter Company (BRB 03-0189): employer owed payment for all required supervision
Larry Carroll needed continuous supervision after serious workplace injuries, and the parties agreed on that need. A judge ordered payment for fewer than 24 hours a day, expecting family members to supply some supervision without pay. The Board majority held that the employer had to fund all…
United States, Department of Veterans Affairs, W.G. "Bill" Hefner VA Medical Center, Salisbury, North Carolina (Agency) and American Federation of Government Employees, Local 1738 (Union)
Hefner VA Medical Center and AFGE Local 1738 (FLRA 0-AR-3731): Agency exception denied
The W.G. “Bill” Hefner VA Medical Center challenged an arbitration award involving AFGE Local 1738. The Authority concluded that the agency had not shown the arbitrator exceeded his authority under the standard for reviewing arbitration exceptions. It also declined to consider the agency's…
HLC Trucking Company, Inc.
Citation modified before hearing
MSHA cited HLC Trucking after a mechanic was found leaning over the frame of a dump truck while its raised bed was not blocked or secured. Before the scheduled hearing, the Secretary moved to change the alleged standard from 30 C.F.R. § 77.1607(p) to 30 C.F.R. § 77.405(b), which specifically…
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.