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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ALJ

Leeco, Inc., and Blue Diamond Coal Company

Motion for summary decision denied

Leeco and Blue Diamond Coal Company faced a Mine Act discrimination complaint involving Jimmy Caudill’s refusal of a roof-bolter job and his father Jerry Caudill’s earlier safety and discrimination activity. The respondents argued that Jimmy could not rely on a family member’s protected activity…

May 29, 2002 ·Michael E. Zielinski ·FMSHRC
Procedural
COMM

In re Hilario ROMALEZ-Alcaide, Respondent

Compelled departures broke continuous presence

The Board reviewed a Mexican respondent's appeal from the denial of cancellation of removal. He had left the United States twice for one or two days after being threatened with deportation and then returned unlawfully. The Board held that those compelled departures broke the continuous physical…

May 29, 2002 ·BIA
Affirmed
COMM

United States Department of the Treasury, United States Customs Service (Agency) and National Treasury Employees Union (Union)

Customs Service (FLRA 0-AR-3476): Removal-related award outside Authority jurisdiction

Customs and its union disputed whether an employee had completed probation when a removal became effective. An arbitrator found that the employee had completed probation and ordered reinstatement with back pay and benefits, while allowing a later removal with the required procedures. The Authority…

May 29, 2002 ·FLRA
Procedural
ALJ

Ohio County Coal Company

Oil-well citation vacated

Ohio County Coal Company was cited after miners cut into two oil wells that were not shown on the mine’s approved map. The Secretary alleged that the operator had not taken reasonable measures to locate the wells and proposed a $2,000 penalty. Judge Gary Melick found that Ohio County had reasonably…

May 28, 2002 ·Gary Melick ·FMSHRC
Citations vacated
ALJ

Turner Construction Company

Escalator-access and floor-hole citations vacated

Turner was the general contractor for interior demolition at an Atlanta building where another contractor's equipment-repair technician was found dead after an apparent fall through a floor opening. OSHA cited Turner for allegedly failing to barricade an escalator and protect employees from floor…

May 28, 2002 ·Ken S. Welsch ·OSHRC
Citations vacated
COMM

United States Department of the Army, Headquarters, Fort Monroe, Virginia (Respondent) and National Association of Government Employees, Local R4-11, SEIU, AFL-CIO (Charging Party)

Army Headquarters, Fort Monroe (FLRA WA-CA-00395): Procurement-sensitive staffing plan could be withheld

A Fort Monroe union requested organizational and staffing records during a study of whether to contract out government work. The Authority upheld the unchallenged finding that withholding the Table of Distributions and Allowances violated the agency’s information-disclosure duty. The majority held…

May 24, 2002 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Forrest City, Arkansas (Respondent/Activity) and American Federation of Government Employees, Local 0922, AFL-CIO (Charging Party)

Federal Correctional Institution, Forrest City (FLRA DA-CA-00510): Complaint over inspector-general interview dismissed

Inspector-general agents denied a prison employee’s request for union representation during an investigation, and the complaint sought to hold her prison responsible. The Authority affirmed dismissal because the prison’s limited cooperation did not make it responsible for the agents’ conduct…

May 24, 2002 ·FLRA
Upheld
ALJ

Silver Cloud Coal, Inc.

Temporary reinstatement settlement approved

Kenneth Kunkel sought temporary reinstatement after Silver Cloud Coal discharged him. The parties reached a settlement requiring the company to pay wages for the agreed period, correct his personnel record to show a layoff for lack of work, provide specified employment information, and not oppose…

May 23, 2002 ·Michael E. Zielinski ·FMSHRC
Settled
COMM

Eugene Craig, Ray Alario, and Joseph Howard v. Avondale Industries, Incorporated

Craig, Alario, and Howard v. Avondale (BRB 00-0569): hearing loss fee liability upheld

Eugene Craig, Ray Alario, and Joseph Howard filed hearing loss claims against Avondale Industries. Avondale asked the Board to reconsider its ruling that written claims triggered the 30-day period relevant to employer liability for attorney fees, even without accompanying audiograms or proof of…

May 23, 2002 ·BRB
Procedural
COMM

Applegate Shale

Penalty assessments remanded for good-cause review

Applegate Shale asked the Commission to reopen three penalty assessments totaling $620 after an employee failed to send hearing requests on time. The company said it believed the requests had been mailed and that the employee later failed to follow through. The Commission could not decide the…

May 21, 2002 ·FMSHRC
Remanded
COMM

Phelps Dodge Corporation, Verde Valley Ranch Development

In re Phelps Dodge Corporation, Verde Valley Ranch Development (EAB NPDES Appeal No. 01-07): review denied and permit remanded for ESA consultation

EPA issued an NPDES permit for a proposed 977-acre development in Arizona that included homes, commercial buildings, a golf course, and remediation of copper-mining tailings. The downstream Yavapai-Apache Nation challenged the permit under environmental and cultural-resource laws, water-rights…

May 21, 2002 ·EPA EAB
Mixed result
COMM

Webster Scale, Inc.

Penalty assessment remanded for Rule 60(b) review

Webster Scale asked the Commission to reopen a $1,563 penalty assessment covering five alleged violations after employee changes caused the company to miss the hearing-request deadline. The Commission recognized that uncontested assessments may be reopened for good cause, but found that the…

May 21, 2002 ·FMSHRC
Remanded
COMM

United States Department of Veterans Affairs Medical Center, Cincinnati, Ohio (Agency) and American Federation of Government Employees, Local 2031 (Union)

VA Medical Center, Cincinnati (FLRA 0-AR-3467): Overtime remedy must follow administrative workweeks

The Cincinnati VA medical center changed five employees’ schedules without the contractually required notice and consultation. An arbitrator awarded overtime for days worked beyond five consecutive eight-hour shifts, even when those shifts crossed two administrative workweeks. The Authority upheld…

May 21, 2002 ·FLRA
Modified
COMM

International Federation of Professional and Technical Employees, Local 529 (Union) and United States Department of the Army, Army Corps of Engineers, Memphis District, Memphis, Tennessee (Agency)

IFPTE Local 529 and Army Corps of Engineers (FLRA 0-AR-3462): Attorney fees required for successful overtime claim

Army Corps of Engineers employees drove a government van between their work vessel and another agency facility. An arbitrator awarded the drivers overtime back pay and liquidated damages under the Fair Labor Standards Act but denied attorney fees. The Authority held that the enforceable pay award…

May 21, 2002 ·FLRA
Remanded
COMM

Hocker Construction

Penalty assessment remanded for Rule 60(b) review

Hocker Construction asked the Commission to reopen a penalty assessment that became final after the company missed the deadline to request a hearing. Hocker said it lacked familiarity with Commission procedures, while the Secretary requested a more detailed explanation. The Commission found that…

May 16, 2002 ·FMSHRC
Remanded
COMM

United States Department of the Air Force, Seymour Johnson Air Force Base (Respondent) and National Association of Government Employees, Local R5-188 (Charging Party)

Air Force, Seymour Johnson Air Force Base (FLRA WA-CA-00463): Appraisal-system change did not repudiate agreement

Seymour Johnson Air Force Base replaced a five-tier civilian performance-rating system with a two-tier system. The union claimed that the change repudiated a contract provision incorporating agency regulations. The Authority upheld the judge’s credibility findings and concluded that the agency…

May 15, 2002 ·FLRA
Upheld
ALJ

FM Construction Company

Late contest dismissed after citation mail went uncollected

OSHA mailed a citation to the address FM Construction's owner had provided, and the owner's sister signed for it. The owner visited that address to collect business mail but did not retrieve the citation until after the 15-working-day contest period had expired. The judge found that service was…

May 15, 2002 ·Irving Sommer ·OSHRC
Procedural
COMM

American Federation of Government Employees, Local 900 (Union) and United States Department of the Army, Total Army Personnel Command, St. Louis, Missouri (Agency)

AFGE Local 900 and Total Army Personnel Command (FLRA 0-AR-3502): Union’s arbitration exceptions denied

AFGE Local 900 challenged an arbitration award involving Total Army Personnel Command in St. Louis. The Authority concluded that the union had not established a conflict with law, rule, or regulation. It also found no demonstrated failure to draw the award’s essence from the parties’ collective…

May 15, 2002 ·FLRA
Upheld
COMM

In re Walter Antonio SANTOS-LOPEZ, Respondent

Texas misdemeanors were not aggravated felonies

The Board reviewed the appeal of an El Salvadoran lawful permanent resident with two Texas convictions for possessing small amounts of marijuana. Each offense was a Texas class B misdemeanor, with a sentence of less than one year. Applying Fifth Circuit law, the Board held that an offense must be a…

May 14, 2002 ·BIA
Remanded
COMM

In re Ismael YANEZ-Garcia, Respondent

State felony drug possession was an aggravated felony

The Board reviewed a Mexican lawful permanent resident's appeal from a removal order based on two Illinois felony convictions for cocaine possession. The Board held that whether a state drug offense is a drug-trafficking crime under 18 U.S.C. § 924(c)(2) must be decided by referring to the relevant…

May 13, 2002 ·BIA
Affirmed
COMM

B & B Crushing

Penalty assessment remanded for review

B & B Crushing asked the Commission to reopen a $321 penalty assessment after it failed to contest the penalty on time. The company believed the penalty should have been included in an earlier dismissal order that vacated three different citations. The Commission found that the record did not…

May 10, 2002 ·FMSHRC
Remanded
COMM

Rosebud Mining Company

Penalty assessment reopened and remanded

Rosebud Mining Company asked to reopen a $553 penalty assessment after MSHA apparently did not receive the company’s green card contesting three of seven citations. Rosebud had paid the other four penalties, and the copy of the signed and dated green card supported its claim that it intended to…

May 10, 2002 ·FMSHRC
Remanded
COMM

Ronald Harrison v. Sidco Minerals

Relief from default order denied

Ronald Harrison asked the Commission to vacate a default order that dismissed his Mine Act discrimination complaint against Sidco Minerals. The default order had issued after Harrison did not respond to two show-cause orders, and his request for relief arrived nearly a year after the order became…

May 10, 2002 ·FMSHRC
Procedural
COMM

National Association of Government Employees, Local R5-190 (Union) and United States Department of the Navy, Supervisor of Shipbuilding, Conversion, and Repair, New Orleans, Louisiana (Agency)

NAGE Local R5-190 and Navy Shipbuilding Supervisor (FLRA 0-AR-3482): Union’s award challenges rejected

NAGE Local R5-190 challenged an arbitration award involving the Navy’s shipbuilding, conversion, and repair office in New Orleans. The Authority found that the union had not demonstrated that the award conflicted with the regulation on which it relied. It also rejected the claim that the award…

May 10, 2002 ·FLRA
Upheld
COMM

Vermont Unfading Green Slate Company, Inc.

One citation vacated and remanded while five remain affirmed

Vermont Unfading Green Slate Company operated a slate quarry in Rutland County, Vermont. MSHA issued 11 citations after an inspection, and the judge assessed penalties totaling $470 for the six violations at issue on review. The Commission vacated and remanded the guarding citation so the judge…

May 9, 2002 ·FMSHRC
Mixed result
COMM

Government of the District of Columbia Municipal Separate Storm Sewer System

In re Government of the District of Columbia Municipal Separate Storm Sewer System (EAB NPDES Appeal Nos. 00-14 and 01-09): partial reconsideration granted and permit remanded

The Government of the District of Columbia operates a municipal separate storm sewer system under an NPDES permit. Friends of the Earth and Defenders of Wildlife asked the Environmental Appeals Board to reconsider its earlier decision concerning an aggregate numeric effluent limit for four outfalls…

May 9, 2002 ·EPA EAB
Remanded
ALJ

Giant's World Corp.

Late contest dismissed for lack of excusable neglect

Giant's World received an OSHA citation and proposed penalty by certified mail but did not submit a notice of contest within 15 working days. The company later cited a communication breakdown with its attorneys and argued that OSHA had named the wrong related company. The judge found no evidence…

May 9, 2002 ·Irving Sommer ·OSHRC
Procedural
COMM

CDG Materials, Inc.

Penalty assessments remanded for a good-cause determination

CDG Materials received two proposed penalty assessments totaling $9,550 for 14 citations. The company said it had timely mailed hearing requests, but MSHA later treated them as late, and CDG attributed the problem partly to recent events affecting postal efficiency. The Commission said the record…

May 7, 2002 ·FMSHRC
Remanded
COMM

Cholla Ready Mix, Inc.

Penalty reopening remanded for a Rule 60(b) determination

Cholla Ready Mix believed that a hearing request for one proposed penalty assessment also covered two other assessments. The company was unrepresented and said it had intended to contest all of the violations. The Commission could not evaluate the request on the existing record, so it remanded the…

May 7, 2002 ·FMSHRC
Remanded
COMM

Tide Creek Rock, Inc.

Penalty reopening remanded after alleged delivery failures

Tide Creek Rock said it did not receive proposed penalty assessments because certified mail could not be delivered to its remote mine and was returned to MSHA. The company said it intended to contest the penalties and had contacted MSHA about outstanding assessments. The Commission found that the…

May 7, 2002 ·FMSHRC
Remanded
COMM

General Motors Corporation Lansing Craft Center

In re General Motors Corporation Lansing Craft Center (EAB PSD Appeal No. 02-07): appeal withdrawn after agreement

Four petitioners challenged the PSD permit for General Motors Corporation's Lansing Craft Center in Michigan. They asked to withdraw the appeal after General Motors and the Michigan Department of Environmental Quality entered into an agreement resolving the matter, and General Motors agreed to the…

May 7, 2002 ·EPA EAB
Settled
COMM

Pea Ridge Iron Ore Company

Penalty assessments remanded for a good-cause determination

Pea Ridge Iron Ore Company asked to reopen five penalty assessments totaling $9,151 for 69 alleged violations. The company said internal mismanagement during the shutdown of mining operations and termination of employees caused it to miss the hearing deadlines. The Commission noted that Pea Ridge…

May 7, 2002 ·FMSHRC
Remanded
COMM

American Federation of Government Employees (Union) and United States Department of Veterans Affairs, Austin Automation Center Austin, Texas (Agency)

AFGE and VA Austin Automation Center (FLRA 0-AR-3427): New overtime-law argument barred on review

An arbitrator found that employees at the VA’s Austin Automation Center were exempt from the Fair Labor Standards Act. AFGE challenged the award after succeeding NFFE as the employees’ bargaining representative. It argued that the arbitrator should have applied Department of Labor regulations. The…

May 7, 2002 ·FLRA
Upheld
ALJ

BGS Construction, Inc.

Motion to dismiss denied after delayed penalty notice

BGS Construction faced two citations involving the death of a miner at the Blacksville No. 2 mine. The Secretary mailed the proposed penalty notice about 14 months after the investigation ended, and BGS argued that the delay required dismissal. Judge T. Todd Hodgdon held that the Secretary gave an…

May 3, 2002 ·T. Todd Hodgdon ·FMSHRC
Procedural
COMM

American Federation of Government Employees, AFL-CIO, Local 2361 (Union) and United States Department of the Air Force, 509TH Mission Support Squadron (DPC), Whiteman Air Force Base, Missouri (Agency)

AFGE Local 2361 and Whiteman Air Force Base (FLRA 0-NG-2606): Compressed-schedule proposals negotiable

A union proposed a four-day compressed schedule for a materials expediter at Whiteman Air Force Base, with a three-month trial and possible negotiations on a permanent schedule. The Authority held both proposals negotiable under the Federal Employees Flexible and Compressed Work Schedules Act. The…

May 3, 2002 ·FLRA
Set aside
COMM

In re Melanie Beaucejour JEAN, Respondent

Attorney General limited discretionary relief after a violent or dangerous crime

The Attorney General reviewed a BIA decision involving a Haitian refugee who had been convicted in New York of second-degree manslaughter. The Attorney General held that a discretionary waiver for adjustment of refugee status, and asylum, generally may not be granted to an alien who has committed a…

May 2, 2002 ·BIA
Vacated
COMM

In re G-A-, Respondent

Combined factors supported CAT deferral

The Board reviewed the Service's appeal from an Immigration Judge's grant of deferral of removal to an Iranian lawful permanent resident. The respondent was a Christian of Armenian descent with a prior drug-related conviction and presented extensive evidence about the risk he would face if returned…

May 2, 2002 ·BIA
Affirmed
ALJ

Follett Corporation

Reliance on landlord did not excuse late contest

Follett operated a college bookstore in a Tuskegee University building and received citations concerning vermin, asbestos awareness, and lead exposure. Its store manager gave both Follett's citations and the university's separate citations to a university safety official, believing the university…

May 2, 2002 ·Ken S. Welsch ·OSHRC
Procedural
COMM

Catenary Coal Company

Penalty assessments reopened after mailing delay

Catenary Coal Company received proposed penalty assessments for several citations and says its safety manager mailed the hearing request within the 30-day deadline. MSHA did not receive the request until January 10, 2002, and treated the assessments as final Commission orders. The Commission found…

April 30, 2002 ·FMSHRC
Remanded
COMM

Kilauea Crusher, Inc.

Late penalty contest accepted and remanded

Kilauea Crusher received two proposed penalty assessments for citations issued during an inspection. Its vice-president date-stamped only one assessment, and counsel mistakenly treated the two assessments as having the same deadline. The company filed a hearing request late for one assessment and…

April 30, 2002 ·FMSHRC
Remanded
COMM

MISSION VALLEY ROCK COMPANY

Reopening request remanded for factual review

Mission Valley Rock Company asked to reopen penalty assessments after it said it mailed a hearing request and a check for undisputed penalties, but only the check reached the proper destination. The company did not identify when or to whom it sent the hearing request and provided no supporting…

April 30, 2002 ·FMSHRC
Remanded
COMM

Colorado Lava, Incorporated

Discrimination dismissal vacated and remanded

Andrew Garcia reported that a front-end loader's parking brake did not work and later was not rehired when Colorado Lava acquired the facility where he worked. An administrative law judge dismissed the Secretary's discrimination complaint after finding that the Secretary had not shown a prima facie…

April 30, 2002 ·FMSHRC
Remanded
COMM

Wedron Silica

Selected penalty assessments reopened

Wedron Silica received two proposed penalty assessments totaling $1,848 for 23 citations. The company said it sent signed green cards contesting four citations and paid the penalties for the remaining citations, but MSHA did not receive the cards. The Commission found that the signed cards and the…

April 30, 2002 ·FMSHRC
Procedural
COMM

Leeco, Inc.

Late penalty contest reopened and remanded

Leeco, Inc. asked the Commission to reopen a penalty assessment that had become final after the operator missed the 30-day deadline to contest it. The operator supported its request with an affidavit explaining that its safety manager mistakenly calculated the return deadline. The Commission…

April 30, 2002 ·FMSHRC
Remanded
COMM

United States Department of Energy, Rocky Flats Field Office, Golden, Colorado (Respondent) and American Federation of Government Employees, Local 1103 (Charging Party/Union)

Energy Department, Rocky Flats Field Office (FLRA DE-CA-90894): Impromptu settlement conversations were not formal discussions

A Rocky Flats employee discussed settlement of his EEO complaint with an agency attorney without separate notice to the union. The ALJ found that the conversations were formal discussions requiring a union representation opportunity. The Authority reversed, considering the total circumstances of…

April 30, 2002 ·FLRA
Set aside
COMM

Arel Price v. Stevedoring Services of America

Price v. Stevedoring Services of America (BRB 01-0632 and 01-0632A): weekly wage and adjustments corrected

Arel Price, a longshore worker, had back injuries covered by different insurers. The judge found that his work aggravated his condition before he stopped working in 1998 and assigned liability for permanent total disability to the insurer then on the risk. The Board upheld that finding and the…

April 30, 2002 ·BRB
Modified
COMM

American Federation of Government Employees, National Joint Council of Food Inspection Locals (Union) and United States Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. (Agency)

AFGE Food Inspection Locals and USDA (FLRA 0-NG-2636-REC): Reconsideration of negotiability dismissal denied

During negotiations over a successor agreement, the food-inspection union treated an agency submission to the Impasses Panel as an allegation that certain proposals were nonnegotiable. The agency later withdrew that submission as a basis for the union’s appeal, and the Authority dismissed the…

April 30, 2002 ·FLRA
Procedural
COMM

Rodney Woodruff v. Hollinger Construction

Dismissal vacated and remanded for review

The judge dismissed Rodney Woodruff's discrimination case after he failed to provide proof that he served his complaint on Hollinger Construction. Woodruff asked the Commission to vacate the dismissal and said that he had mailed the return receipt card required by a show cause order, but it was…

April 29, 2002 ·FMSHRC
Remanded
ALJ

Darwin Stratton & Son, Inc.

Three citations affirmed with $1,275 total penalty

Darwin Stratton operated a gravel quarry and ready-mix plant in Utah. The judge held that MSHA had authority to inspect the Airport Pit because the mine and its products affected interstate commerce, even though the company sold its material locally. The judge affirmed a failure to file a quarterly…

April 29, 2002 ·Richard W. Manning ·FMSHRC
Citations affirmed
COMM

Jacqueline L. Ruffin v. Newport News Shipbuilding and Dry Dock Company

Ruffin v. Newport News Shipbuilding (BRB 01-0628): industrial cleaning qualifies as maritime work

Jacqueline Ruffin cleaned metal shavings and other production debris from around operating machinery at Newport News Shipbuilding. After paying compensation for a back injury, the employer argued that her cleaning job did not count as maritime employment. The judge denied coverage, but the Board…

April 29, 2002 ·BRB
Remanded
ALJ

Pronto Construction Co., Inc.

Settlement talks did not extend contest deadline

OSHA personally delivered a second citation to Pronto Construction's president and attorney during a settlement meeting and twice explained the contest deadline. Pronto did not file a notice of contest before that deadline, although an OSHA official later resumed settlement discussions without…

April 29, 2002 ·Irving Sommer ·OSHRC
Procedural
ALJ

Inglett & Stubbs, Inc.

Mishandled citation did not excuse late contest

Inglett & Stubbs was an electrical contractor whose employee died after being caught between a scissor lift guardrail and a structure. OSHA cited the company for moving the lift without a competent person and for inadequate scissor-lift training. The citation reached the company's office, but it…

April 26, 2002 ·Ken S. Welsch ·OSHRC
Procedural
ALJ

CSX Transportation

Lost corporate mail did not excuse late contest

OSHA sent a three-item serious citation to CSX's corporate post office box by certified mail, where a company mailroom employee signed for it. The citation did not reach the engineering department, and CSX filed its contest about a month late after OSHA called and faxed a copy. CSX argued that OSHA…

April 26, 2002 ·Nancy J. Spies ·OSHRC
Procedural
COMM

American Federation of Government Employees, Local 607, Council of Prison Locals 33 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Elkton, Ohio (Agency)

AFGE Local 607 and Federal Correctional Institution, Elkton (FLRA 0-AR-3500): Arbitration award challenges denied

The union at the federal prison in Elkton challenged an arbitration award. The Authority found no established defect based on the arbitrator’s authority, procedural arbitrability, applicable law, or interpretation of the agreement. It explained that a procedural-arbitrability determination cannot…

April 26, 2002 ·FLRA
Upheld
COMM

United States Geological Survey, Water Resources Division, Caribbean District (Agency) and American Federation of Government Employees, Local 1503 (Union)

Geological Survey, Caribbean District (FLRA 0-AR-3445): Interest award limited by applicable law upheld

An arbitrator ordered the Geological Survey to reimburse employees for underpaid travel per diem and to pay interest only as permitted by applicable law. The agency did not challenge the original award but later asked the arbitrator to reconsider the interest provision. After that request was…

April 26, 2002 ·FLRA
Upheld
COMM

Mille Lacs Wastewater Treatment Facility and Vineland Sewage Lagoons

In re Mille Lacs Wastewater Treatment Facility and Vineland Sewage Lagoons (EAB NPDES Appeal Nos. 01-17, 01-19 through 01-23): petitions denied

Six petitioners challenged two NPDES permits issued by EPA Region V for the Mille Lacs Band of Ojibwe Indians and its wastewater-treatment subsidiary. Four petitions were filed after the deadline, while the Mille Lacs Lake Association petition repeated earlier comments without explaining why the…

April 25, 2002 ·EPA EAB
Affirmed
COMM

United States Attorney'S Office, Southern District of Texas, Houston, Texas (Respondent) and American Federation of Government Employees, Local 3966 (Charging Party)

U.S. Attorney’s Office, Southern District of Texas (FLRA DA-CA-00871 and related cases): Four complaints dismissed after statutory exclusion

Four complaints involved the U.S. Attorney’s Office for the Southern District of Texas. While the cases were pending, Executive Order 13252 excluded U.S. Attorneys’ Offices from coverage of the federal labor-relations statute. The General Counsel and the respondent agreed that the exclusion removed…

April 25, 2002 ·FLRA
Procedural
COMM

United States Department of the Air Force, Air Force Materiel Command, Kelly Air Force Base, Texas (Activity) and United States Department of the Air Force, Lackland Air Force Base, Texas (Activity/Petitioner) and American Federation of Government Employees, AFL-CIO (Labor Organization/Incumbent) and American Federation of Government Employees, Local 1367, AFL-CIO (Labor Organization/Incumbent)

Kelly and Lackland Air Force Bases (FLRA DA-RP-01-0005): Unit-clarification review and stay denied

AFGE Local 1617 sought review of a regional director’s decision granting Lackland Air Force Base’s unit-clarification petition for the unit represented by Local 1367. It alleged factual errors and misapplication of successorship criteria. The Authority found that the record supported the factual…

April 23, 2002 ·FLRA
Upheld
ALJ

Mike Fletcher v. Morrill Asphalt Paving

Settlement satisfied and discrimination case dismissed

Mike Fletcher had previously prevailed on his Mine Act discrimination complaint against Morrill Asphalt Paving. The parties then agreed on the relief, including back pay through the shutdown of the crusher. After Morrill paid the agreed monetary settlement, Fletcher moved to dismiss the proceeding…

April 22, 2002 ·Richard W. Manning ·FMSHRC
Settled
ALJ

Secretary of Labor on behalf of Donnie Lee Lowe v. Island Creek Coal Company

Discrimination complaint dismissed

Donnie Lee Lowe served as a miners' walk-around representative at Island Creek's underground coal mine. After each of three inspections, the company assigned him to shovel along the belt line instead of returning him to his dispatcher position. Judge T. Todd Hodgdon found that Lowe engaged in…

April 19, 2002 ·T. Todd Hodgdon ·FMSHRC
Other

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.