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

American Federation of Government Employees and Social Security Administration, Baltimore, Maryland

AFGE and Social Security Administration (FLRA 0-NG-2654): Union may bargain over reopening a computer-program agreement

The Social Security Administration made use of its CHIP computer program mandatory for 800-number agents. AFGE proposed reopening the parties' implementation agreement after 12 months to address new effects of the program. The agency argued that reopening the agreement would interfere with its…

January 31, 2003 ·FLRA
Set aside
COMM

United States Department of Veterans Affairs Regional Office, Atlanta, Georgia and American Federation of Government Employees, Local 517

Atlanta VA Regional Office and AFGE Local 517 (FLRA 0-AR-3630): Agency's arbitration exception denied

The Atlanta VA Regional Office challenged an arbitration award involving AFGE Local 517. Its exception disputed the arbitrator's handling of procedural arbitrability, and the agency also argued that the award conflicted with law. The Authority found no ground to set aside the award. It explained…

January 31, 2003 ·FLRA
Upheld
COMM

Federal Employees Metal Trades Council and United States Department of the Army, Army Infantry Center, Fort Benning, Georgia

Metal Trades Council and Fort Benning (FLRA 0-AR-3619): Union's arbitration exceptions denied

The Federal Employees Metal Trades Council challenged an arbitration award involving the Army Infantry Center at Fort Benning. The Authority considered the union's objections under the statutory standards for setting aside an award. It found no basis to overturn the award and denied the exceptions…

January 31, 2003 ·FLRA
Upheld
COMM

United States Department of Transportation, National Highway Traffic Safety Administration and American Federation of Government Employees, Local 3313

NHTSA and AFGE Local 3313 (FLRA 0-AR-3416): Investigator's reassignment award set aside

The National Highway Traffic Safety Administration reassigned an odometer fraud investigator after Justice Department officials said they would not use him as a prosecution witness because of potential impeachment material in his file. An arbitrator found the reassignment to be a prohibited…

January 30, 2003 ·FLRA
Set aside
ALJ

Consol Pennsylvania Coal Co.

Dallas Croasmun v. Consol Pennsylvania Coal Co. (FMSHRC PENN 2002-162-D): Discrimination complaint dismissed

Dallas Croasmun, a surface maintenance supervisor at Consol Pennsylvania Coal's Enlow Fork Mine, alleged that the company discharged him for raising concerns about an unreliable mine elevator. Judge Gary Melick found that Croasmun engaged in protected activity by complaining about the elevator, but…

January 29, 2003 ·Gary Melick ·FMSHRC
Other
ALJ

M. DeMatteo Construction Co.

Defective lanyard and rigging items vacated

OSHA found a lanyard with a broken latch, bent wire ropes, and a come-along with a defective latch at a multi-employer construction site. The judge vacated the fall-arrest item because the Secretary did not prove that M. DeMatteo controlled or used the lanyard. She found that the wire-rope bends…

January 29, 2003 ·Covette Rooney ·OSHRC
Mixed result
ALJ

Lodestar Energy, Inc.

Electrical and methane-monitor findings modified

Lodestar Energy operated the Baker Mine and was cited for circuit-breaker settings and seals under an approved petition for modification, and for a methane monitor that did not register a known gas sample correctly. Judge Gary Melick found the circuit-breaker, seal, and training violations proven…

January 28, 2003 ·Gary Melick ·FMSHRC
Modified
COMM

Nora Collins (widow of Johnnie J. Collins) v. Pond Creek Mining Company

Collins v. Pond Creek Mining (BRB 02-0329): Survivor's denial returned for complete evidence review

Nora Collins sought survivor's black lung benefits after her husband, Johnnie, had received benefits during his lifetime. The judge allowed Pond Creek Mining to contest whether he had pneumoconiosis in the separate survivor's claim, and the Board upheld that ruling because the governing method of…

January 28, 2003 ·BRB
Remanded
COMM

American Federation of Government Employees and United States Department of Defense, Defense Logistics Agency, Defense Distribution Center, New Cumberland, Pennsylvania

AFGE and Defense Distribution Center (FLRA 0-NG-2658): Work-schedule proposal rejected

AFGE proposed standard day-shift hours at the Defense Distribution Center and advance bargaining before changes to employees' workweeks or tours of duty. The union said the proposal would still let the agency change schedules unilaterally in emergencies or extraordinary situations. A…

January 28, 2003 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons, United States Penitentiary, Terre Haute, Indiana and American Federation of Government Employees, Local 720

Terre Haute prison overtime (FLRA 0-AR-3487): Part of pay award set aside and remainder remanded

Employees at the Terre Haute federal prison sought overtime pay for time spent entering, leaving, and moving through the facility. An arbitrator awarded about 20 minutes per day for those activities. The Authority held that travel between the security perimeter and the control center, along with…

January 28, 2003 ·FLRA
Remanded
COMM

Association of Civilian Technicians, Puerto Rico Army Chapter and United States Department of Defense, National Guard Bureau, Puerto Rico National Guard

Puerto Rico National Guard and civilian technicians (FLRA 0-NG-2519): Canceled-leave reimbursement rejected

The Puerto Rico Army Chapter sought reimbursement for employees who lost money on personal plans when the National Guard canceled approved leave for a compelling need. A federal appeals court had rejected the Authority's earlier reliance on the Travel Expenses Act and sent the dispute back for…

January 24, 2003 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 903 and United States Department of Veterans Affairs, Harry S. Truman Medical Center, Columbia, Missouri

AFGE Local 903 and Truman Medical Center (FLRA 0-AR-3589): Union's arbitration exceptions denied

AFGE Local 903 challenged an arbitration award involving the Harry S. Truman Medical Center in Columbia, Missouri. The Authority reviewed the union's exceptions under the statutory standards for setting aside an award. It found no defect on the grounds raised and denied the exceptions, leaving the…

January 24, 2003 ·FLRA
Upheld
COMM

American Federation of Government Employees, Council 170, Local 2128 and United States Department of Defense, Defense Contract Management Agency, District West, Hurst, Texas

AFGE Local 2128 and Defense Contract Management Agency (FLRA 0-AR-3555): Settled grievance remains closed

AFGE Local 2128 and other locals had challenged how the Defense Contract Management Agency classified employees under the Fair Labor Standards Act. After a settlement resolved most of the grievances, a new local president tried to repudiate the agreement and revive the original grievance. An…

January 24, 2003 ·FLRA
Upheld
COMM

United States Department of the Army, Blue Grass Army Depot, Richmond, Kentucky and International Association of Machinists and Aerospace Workers, Local Lodge 859

Blue Grass Army Depot truck damage (FLRA 0-AR-3526): Employee liability remains rescinded

At Blue Grass Army Depot, an employee accidentally backed a crane into a government truck. The agency held him financially liable, but an arbitrator rescinded the charge on two grounds: he was not negligent under the labor agreement and had been treated differently from employees in similar cases…

January 24, 2003 ·FLRA
Upheld
COMM

Association of Civilian Technicians, Wichita Air Capitol Chapter and United States Department of Defense, National Guard Bureau, Kansas National Guard

Wichita Air Capitol technicians (FLRA 0-NG-2618): Terms-of-address ruling stands

The Wichita Air Capitol Chapter had proposed that Kansas National Guard managers use civilian titles instead of military rank when addressing union representatives and employees in specified labor matters. The Authority had found the proposal outside the duty to bargain because it dictated how…

January 23, 2003 ·FLRA
Procedural
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Otisville, New York and American Federation of Government Employees, Local 3860

Otisville prison roster committee (FLRA 0-AR-3519): Order to bargain upheld

At the federal prison in Otisville, the union sought a roster committee for support services employees across six housing units. An arbitrator found that the labor agreement required the prison to bargain over forming the committee and its procedures. The agency argued that a unit-wide committee…

January 22, 2003 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Lompoc, California and American Federation of Government Employees, Local 3048

Lompoc prison staffing (FLRA 0-AR-3516): Order limiting vacant posts set aside

At the Lompoc federal prison, an arbitrator ordered the agency to stop leaving correctional officer posts vacant except for emergencies or other good cause. The Authority found that the order would improve staffing and employee safety, but would also restrict decisions about overtime assignments…

January 22, 2003 ·FLRA
Set aside
COMM

Donald V. Patterson v. Omniplex World Services and ACE USA

Patterson v. Omniplex World Services (BRB 02-0332): overseas jobs matter to disability assessment

Donald Patterson injured his back while working as a security guard at a U.S. Embassy construction site in Moscow. An administrative law judge awarded total disability benefits after considering jobs near Patterson's Missouri home but excluding later evidence of an overseas security job. The Board…

January 21, 2003 ·BRB
Remanded
COMM

American Federation of Government Employees, Local 0922 and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Forrest City, Arkansas

AFGE Local 0922 and Forrest City prison (FLRA 0-AR-3595): Union's arbitration exceptions denied

AFGE Local 0922 challenged an arbitration award involving the federal prison at Forrest City, Arkansas. The Authority considered the union's exceptions under the statutory standards for overturning an award. It concluded that the union had not shown a defect on the grounds raised and denied the…

January 21, 2003 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2006 and Social Security Administration

AFGE Local 2006 and Social Security Administration (FLRA 0-AR-3556): Probationary termination grievance closed

The Social Security Administration terminated a claims authorizer trainee on the last day of his probationary period for unacceptable performance. AFGE Local 2006 grieved, saying the agency had failed to provide notice, consider another position, and give adequate counseling under the labor…

January 17, 2003 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Sheridan, Oregon and American Federation of Government Employees, Local 3979

Sheridan prison staffing and uniforms (FLRA 0-AR-3473): Staffing remedy set aside, uniform allowances upheld

At the Sheridan federal prison, an arbitrator found that leaving correctional posts vacant violated the labor agreement and ordered related pay relief. The arbitrator also awarded extra uniform allowances to officers detailed to work requiring different uniforms. The Authority held that the…

January 15, 2003 ·FLRA
Mixed result
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Coleman, Florida and American Federation of Government Employees, Local 506

Coleman prison housing-unit staffing (FLRA 0-AR-3465): Mandatory officer coverage award set aside

At the Coleman federal prison complex, an arbitrator ordered the agency to assign one correctional officer to each housing unit on every shift after it reduced coverage at a low-security facility. The Authority recognized the safety benefit of more officers but found that the order left no…

January 15, 2003 ·FLRA
Set aside
ALJ

Jacobs Ranch Coal Company

Untimely discrimination complaint dismissed

Hazel Olson alleged that Jacobs Ranch Coal Company fired her from the Jacobs Ranch Mine because she had engaged in protected Mine Act activity. She filed her discrimination complaint with MSHA more than 14 months after her December 4, 1999 termination, although section 105(c)(2) generally allows 60…

January 14, 2003 ·Richard W. Manning ·FMSHRC
Procedural
ALJ

Triton Coal Company

Hazel Olson v. Triton Coal Company (FMSHRC WEST 2002-302-D): Summary decision denied in failure-to-hire case

Hazel Olson alleged that Triton Coal refused to interview or hire her for a temporary haul-truck position because of safety and discrimination complaints she had made at another mine. Triton argued that it did not know about Olson's protected activity and supported its motion with affidavits and…

January 14, 2003 ·Richard W. Manning ·FMSHRC
Procedural
COMM

Campo Landfill Project

In re Campo Landfill Project (EAB NSR Appeal No. 02-01): petition dismissed

Lory Rimoldi petitioned for review of EPA Region IX\x27s decision to grant an 18-month extension to a new source review and PSD permit for a municipal solid waste landfill on the tribal lands of the Campo Band of Mission Indians. Her petition raised generalized concerns about public health, air…

January 14, 2003 ·EPA EAB
Procedural
ALJ

Highlands Mining & Processing Company, Inc.

Settlement approved with reduced penalty

MSHA alleged seven violations of mandatory safety standards at Highlands Mining's No. 1 mine. The parties agreed that five citations would be paid as assessed, while two citations would receive reduced penalties and changes to their gravity or negligence findings. The judge found the proposed…

January 13, 2003 ·David F. Barbour ·FMSHRC
Settled
COMM

United States Department of the Air Force, 913th Air Wing, Willow Grove Air Reserve Station, Willow Grove, Pennsylvania and National Association of Government Employees, Local R3-32

Willow Grove Air Reserve Station and NAGE Local R3-32 (FLRA BN-CA-00252, BN-CA-00354): Opposition considered, staffing remedy still denied

The Authority had found that the 913th Air Wing failed to give NAGE Local R3-32 proper notice and a chance to bargain before changing security guards' duties and staffing requirements. It had set aside the judge's proposed order to restore the prior staffing level. The General Counsel sought…

January 13, 2003 ·FLRA
Procedural
ALJ

Aggregate Industries, West Central Region, Inc.

Alternative safety-standard allegations allowed

The Secretary asked to amend a citation and penalty petition to allege, in the alternative, violations of 30 C.F.R. § 56.14105 in addition to the original allegation under section 56.12106. The citation concerned a fatal accident in which an employee accidentally activated a log washer while…

January 10, 2003 ·Richard W. Manning ·FMSHRC
Procedural
ALJ

Danny Foust v. Manalapan Mining Company

Post-hearing exhibits limited to violation history

After a hearing on Danny Foust's discrimination complaint, the Secretary attached prior settlement orders and related records to her post-hearing brief. Manalapan Mining moved to strike those materials, sought sanctions and attorney's fees, and argued that the late exhibits had not been disclosed…

January 8, 2003 ·Michael E. Zielinski ·FMSHRC
Procedural
COMM

In re Siaosi Fisiimaile KOLOAMATANGI, Respondent

Fraudulent residence status barred cancellation under section 240A(a)

The Board reviewed a respondent's motion to reopen after his appeal was dismissed for failure to file a written brief. He had obtained permanent resident status through a knowingly bigamous marriage, and the Board held that status obtained through fraud or misrepresentation was never lawful for…

January 8, 2003 ·BIA
Mixed result
ALJ

Native Textile Company

Knitting-machine guarding violation reduced to serious

Many knitting machines at Native Textile's mill had exposed chains and sprockets, defective stop-button caps, or both. A portable thread rewinder also lacked a grounding pin and strain relief. The judge found that employees could contact the moving parts and that management knew about the missing…

January 8, 2003 ·Irving Sommer ·OSHRC
Modified
COMM

Sierra Pacific Industries

In re Sierra Pacific Industries (EAB PSD Appeal No. 02-13): petition dismissed for lack of preserved issues

Sierra Pacific Industries received a PSD permit from the Washington Department of Ecology for a wood-waste boiler and steam-driven electricity-generating turbine at its Aberdeen, Washington facility. Stanley W. Cleverly challenged the permit's best available control technology for nitrogen oxides…

January 7, 2003 ·EPA EAB
Procedural
ALJ

Southwest Quarry and Materials, Inc.

Inspection-denial citation affirmed

MSHA alleged that Southwest Quarry denied authorized inspectors entry to the quarry on December 11, 2001, in violation of section 103(a) of the Mine Act. Southwest Quarry did not deny the allegation and did not respond to the Secretary's motion for summary decision or the judge's order directing a…

January 6, 2003 ·Richard W. Manning ·FMSHRC
Citations affirmed
ALJ

Coastal Paving, Inc.

Twenty-three items affirmed after contest withdrawal

OSHA issued Coastal Paving three citations containing 23 serious, willful, and other-than-serious items against its asphalt manufacturing operation. Before the hearing, Coastal withdrew its contest and stated that it was no longer in business, had no employees, and could not refute the Secretary's…

January 2, 2003 ·Covette Rooney ·OSHRC
Citations affirmed
ALJ

The Ohio Valley Coal Company

Guarding citation affirmed as modified, maintenance citation vacated

A belt foreman at Ohio Valley's Powhatan No. 6 underground coal mine died after his arm was caught near a moving belt take-up unit where two guarding panels had been displaced. The judge found that the mine violated the guarding standard because the panels allowed access to moving parts, but he…

December 31, 2002 ·T. Todd Hodgdon ·FMSHRC
Mixed result
ALJ

Arnold Crushed Stone, Incorporated

Reopening request denied for failure to explain late contest

Arnold Crushed Stone asked to reopen a proposed penalty assessment so it could contest the citations. The judge had issued three orders requiring the company to explain why it failed to file a timely notice of contest, but the company did not respond to those orders by the deadlines. Arnold later…

December 24, 2002 ·David F. Barbour ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Local 3129, SSA General Committee and Social Security Administration, Baltimore, Maryland

AFGE Local 3129 and Social Security Administration (FLRA 0-NG-2634): E-mail pilot proposal is negotiable at agency election

The Social Security Administration planned an e-mail pilot program to answer public inquiries without including field offices. AFGE Local 3129 proposed using one virtual field office in each of eight regions. The Authority found that requiring field office participation affected management's rights…

December 24, 2002 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2382 and United States Department of Veterans Affairs, Carl T. Hayden Medical Center, Phoenix, Arizona

AFGE Local 2382 and Phoenix VA Medical Center (FLRA 0-AR-3535): Final warning upheld after suspension rescinded

A Phoenix VA medical technician was suspended for one day after a dispute over sick leave procedures. The arbitrator ordered the suspension rescinded and the employee made whole, but substituted a final warning that similar conduct could result in termination. The union challenged the warning…

December 24, 2002 ·FLRA
Upheld
ALJ

Morrill Asphalt Paving

Cord Easley v. Morrill Asphalt Paving (FMSHRC WEST 2001-133-DM): Discrimination complaint dismissed after mixed-motive analysis

Cord Easley alleged that Morrill Asphalt Paving terminated him because he reported suspected alcohol use by coworkers and discussed safety issues with a state investigator. Judge Richard W. Manning found that Easley established a prima facie discrimination case and that the company knew of and…

December 23, 2002 ·Richard W. Manning ·FMSHRC
Other
COMM

United States Department of Veterans Affairs, Washington Regional Office and American Federation of Government Employees, Local 25, AFL-CIO

Washington VA Regional Office and AFGE Local 25 (FLRA WA-CA-00229): Operations policy imposed before bargaining ended

The Washington VA Regional Office issued a Veterans Service Center operations policy after bargaining sessions with AFGE Local 25. Management believed the parties had settled most terms, but their notes showed substantial disagreement and the union objected to the final draft. An administrative law…

December 23, 2002 ·FLRA
Upheld
COMM

United States Department of the Interior, Bureau of Indian Affairs, Southwestern Indian Polytechnic Institute, Albuquerque, New Mexico and Indian Educators Federation, Local 4524

Southwestern Indian Polytechnic Institute and Indian Educators Federation (FLRA DA-CA-01-0120): Complaint over demonstration project dismissed

Southwestern Indian Polytechnic Institute introduced a demonstration project with a new personnel system before bargaining with Indian Educators Federation Local 4524. The union received notice after implementation, and the General Counsel alleged an unfair labor practice. The Authority held that…

December 23, 2002 ·FLRA
Upheld
COMM

Gregory Alexander v. Avondale Industries, Incorporated

Alexander v. Avondale Industries (BRB 02-0292): later disability request missed modification deadline

Gregory Alexander sustained back and neck injuries at Avondale Industries in 1990. A 1996 decision denied disability benefits because suitable alternative work was available. After his back condition worsened and he underwent surgery, Alexander sought temporary total disability benefits in 2000…

December 23, 2002 ·BRB
Affirmed
ALJ

Calhar Construction, Inc.

Trench and backup-alarm violations affirmed

Employees worked in a trench more than seven feet deep with the access ladder over 60 feet away and set at an improper angle. The trench lacked an adequate cave-in protection system, and laboratory testing confirmed that the soil was not stable rock. OSHA also observed a front-end loader backing…

December 23, 2002 ·Sidney J. Goldstein ·OSHRC
Citations affirmed
COMM

United States Department of the Army, Evans Army Community Hospital, Fort Carson, Colorado and American Federation of Government Employees, Local 1345

Evans Army Community Hospital and AFGE Local 1345 (FLRA 0-AR-3539): Standby pay award set aside

Evans Army Community Hospital required certain employees to be on call, and an arbitrator awarded them standby pay under their labor agreement. The arbitrator also found that the employees did not meet the federal regulatory conditions for that pay: the hospital had not designated their homes as…

December 23, 2002 ·FLRA
Set aside
COMM

United States Department of the Treasury, Customs Service San Diego District, San Diego, California and National Treasury Employees Union

San Diego Customs Service and NTEU (FLRA SF-CA-01-0186, SF-CA-01-0521): Late exceptions remain dismissed

The Authority had dismissed the San Diego Customs Service's exceptions in an unfair labor practice case as late. The agency sought reconsideration, repeating its argument that the filing deadline should have been waived. The Authority found no extraordinary circumstances and denied reconsideration…

December 20, 2002 ·FLRA
Procedural
ALJ

Lowe's Home Centers, Inc.

Bloodborne-pathogen vaccination plan violation affirmed

Lowe's exposure-control plan identified managers, first-aid volunteers, cleanup personnel, and others who could encounter blood or other potentially infectious material. Store practice also expected or permitted those employees to provide first aid and clean spills. The judge held that this…

December 20, 2002 ·Stephen J. Simko, Jr. ·OSHRC
Citations affirmed
ALJ

Advanta USA, Inc.

Field sanitation violations yield $3,100 penalty

Advanta used contract crews to detassel seed corn but did not consistently provide enough single-use drinking cups. Toilet and handwashing facilities were also more than one-quarter mile from workers in several fields. The judge rejected Advanta's terrain and infeasibility arguments because…

December 20, 2002 ·James H. Barkley ·OSHRC
Mixed result
COMM

American Federation of Government Employees, Local 1547 and United States Department of the Air Force, Luke Air Force Base, Arizona

AFGE Local 1547 and Luke Air Force Base (FLRA 0-AR-3559): Attorney fees denied after voluntary backpay

Luke Air Force Base paid an employee overtime backpay and interest during the grievance process, but did not pay attorney fees. An arbitrator denied the fee request because the agency paid voluntarily and the employee was not a prevailing party under the Back Pay Act's fee standard. The union…

December 20, 2002 ·FLRA
Upheld
COMM

United States, Border Patrol Livermore Sector, Dublin, California (Respondent) and American Federation of Government Employees, National Border Patrol Council, Local 2730, AFL-CIO (Charging Party/Union)

Border Patrol Livermore Sector and AFGE Local 2730 (FLRA SF-CA-00599): Bargaining complaint dismissed

The Border Patrol temporarily reassigned two employees to other offices within their commuting area. AFGE Local 2730 argued that the agency had to bargain over the effect and implementation of those assignments. The Authority agreed with the administrative law judge that the assignments were…

December 18, 2002 ·FLRA
Upheld
ALJ

Kinder Morgan Operating L.P. "C"

Untimely contests dismissed

Kinder Morgan filed notices of contest for ten citations more than 30 days after they were issued. The operator said employees had inadvertently failed to forward the citations because they were confused about MSHA jurisdiction in other cases pending on appeal. Judge David F. Barbour held that the…

December 18, 2002 ·David F. Barbour ·FMSHRC
Procedural
COMM

In re M-D-, Respondent

Certified-mail notice supported an in absentia order

The Board reviewed a Guinean respondent's motion to reopen an in absentia removal order after a Notice to Appear and hearing notice were sent by certified mail to his correct address and returned marked “unclaimed.” The Board held that certified-mail service can support charging the respondent with…

December 18, 2002 ·BIA
Affirmed
COMM

United States Department of Labor, Occupational Safety and Health Administration, Region 1, Boston, Massachusetts and American Federation of Government Employees, Local 948

OSHA Region 1 and AFGE Local 948 (FLRA BN-CA-00415): Vehicle complaint dismissed after voluntary reassignment

An OSHA employee had a take-home government vehicle as a compliance safety and health officer. After she voluntarily moved to an investigator position, OSHA required her to return it. An administrative law judge rejected a retaliation claim but found that OSHA should have bargained over the effect…

December 18, 2002 ·FLRA
Set aside
COMM

Glidden Company and Sherwin-Williams Company

In re Glidden Company and Sherwin-Williams Company (EAB CERCLA § 106(b) Petition Nos. 02-01 and 02-02): reimbursement petitions dismissed as premature

The Glidden Company and Sherwin-Williams Company sought reimbursement for work they performed under an EPA unilateral administrative order at the Cross Brothers Pail Recycling Site in Illinois. The order required ongoing groundwater monitoring, a soil-flushing system, and a vegetative cover after…

December 17, 2002 ·EPA EAB
Procedural
ALJ

AJP Construction, Inc.

Fall and scaffold violations resulted in $87,400 in penalties

AJP Construction performed concrete superstructure work at a residential construction site in Hoboken, New Jersey. OSHA conducted one inspection after a referral and another after falling form material struck an outrigger scaffold, causing it to collapse and killing an employee. The judge affirmed…

December 13, 2002 ·Covette Rooney ·OSHRC
Mixed result
COMM

Yonkers Contracting Co., Inc.

Bridge fall item vacated for lack of employer knowledge

Yonkers employees worked over the East River during rehabilitation of the Manhattan Bridge, but no lifesaving skiff was immediately available. The judge affirmed that item because the skiff requirement applied even where bridge workers otherwise had fall protection. A separate fall-protection item…

December 13, 2002 ·OSHRC
Mixed result
COMM

The Port Authority of New York and New Jersey, and ECDC Environmental L.C./Laidlaw Environmental Services

In re The Port Authority of New York and New Jersey, and ECDC Environmental L.C./Laidlaw Environmental Services (EAB CERCLA § 106(b) Petition No. 96-5): petition withdrawn with prejudice

The Port Authority of New York and New Jersey and ECDC Environmental L.C./Laidlaw Environmental Services had a CERCLA section 106(b) petition for reimbursement before the Environmental Appeals Board. The petitioners stated that a consent agreement approved by the Board resolved the matter and that…

December 12, 2002 ·EPA EAB
Procedural
COMM

David McCracken v. Spearin, Preston and Burrows, Incorporated

McCracken v. Spearin, Preston and Burrows (BRB 02-0256): default award lacked evidence

David McCracken sought Longshore Act benefits after a work related back injury. His employer's insurer entered liquidation shortly before the hearing, and the lawyer retained by the insurer withdrew. When the employer did not appear, the administrative law judge entered a default and awarded…

December 12, 2002 ·BRB
Remanded
COMM

NAGE Local R5-168 and Department of the Army, Fort Polk

NAGE Local R5-168 and Fort Polk (FLRA 0-AR-3530): Union's arbitration exceptions denied

NAGE Local R5-168 challenged an arbitration award involving the Army at Fort Polk. The union argued that the award was contrary to law and did not draw its essence from the parties' agreement. The Authority found that the union had not established either defect and denied the exceptions. The short…

December 10, 2002 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Medical Center Carswell and AFGE Local 1006

Federal Medical Center Carswell and AFGE Local 1006 (FLRA 0-AR-3512): Promotion and backpay set aside, training award remains

An employee at Federal Medical Center Carswell complained that her tool room assignment had limited her training and advancement opportunities. An arbitrator ordered the agency to provide a correspondence course, promote her to a security officer position, and pay the resulting wage difference. The…

December 10, 2002 ·FLRA
Mixed result
ALJ

Kelly-Hill Company

Crane violations affirmed with $17,000 in penalties

Kelly-Hill Company maintained railroad construction equipment at its Missouri shop. An employee was electrocuted when a crane lifting a tie inserter contacted energized overhead power lines. The judge affirmed violations involving the crane manufacturer's operating limits, missing load information…

December 9, 2002 ·Ken S. Welsch ·OSHRC
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.