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.

60,101 decisions and counting · Latest decision October 28, 2026
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COMM

American Federation of Government Employees, Local 2052 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institute, Petersburg, Virginia (Agency)

AFGE Local 2052 and Petersburg Federal Correctional Institute (FLRA 0-AR-3488): Legal, factual, and contract challenges denied

AFGE Local 2052 challenged an arbitration award involving the federal correctional institution in Petersburg. The Authority found no established conflict with law or failure to draw the award’s essence from the agreement. It also rejected the nonfact challenge, applying the rule against…

April 19, 2002 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1156 and Laborers' International Union, Local 1170 (Unions) and United States Department of the Navy, Naval Inventory Control Point and Defense Logistics Agency, Mechanicsburg, Pennsylvania (Agencies)

Navy Inventory Control Point and DLA (FLRA 0-AR-3294): Repeated Back Pay Act arguments do not justify reconsideration

The Navy and Defense Logistics Agency sought reconsideration of an earlier arbitration decision involving two unions in Mechanicsburg. They argued that the award conflicted with the Back Pay Act and its implementing regulations. The Authority found that those claims repeated arguments already…

April 19, 2002 ·FLRA
Procedural
ALJ

CDK Contracting Company

Factual portions of accident summary ordered produced

CDK Contracting asked for a draft MSHA summary of the physical factors involved in a fatal accident at the Holnam Cement Plant. The Secretary withheld the document under the deliberative process privilege. Judge Richard W. Manning held that factual portions relied on by MSHA in issuing the…

April 18, 2002 ·Richard W. Manning ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Local 2280, Iron Mountain, Michigan (Union) and United States Department of Veterans Affairs, Medical Center, Iron Mountain, Michigan (Agency)

AFGE Local 2280 and VA Iron Mountain (FLRA 0-NG-2596): Local-only home-phone access proposal nonnegotiable

After the VA centralized switchboard operations in Madison, a union proposed limiting access to Iron Mountain employees’ home telephone numbers to staff at Iron Mountain. The Authority held that the proposal interfered with management’s right to assign telephone duties to the centralized staff. The…

April 18, 2002 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1395 (Union) and Social Security Administration, Evanston, Illinois (Agency)

AFGE Local 1395 and SSA Evanston (FLRA 0-AR-3510): Arbitrator-authority, nonfact, and contract exceptions denied

AFGE Local 1395 challenged an arbitration award involving Social Security’s Evanston office. The Authority found no established defect based on the arbitrator’s authority, a decisive factual error, or failure to draw the award’s essence from the agreement. Its cited standards require proof of a…

April 18, 2002 ·FLRA
Upheld
COMM

United States Department of the Navy, Supervisor of Shipbuilding Conversion, and Repair, Pascagoula, Mississippi, (Agency) and National Association of Government Employees, Local R5-125 (Union)

Navy Shipbuilding Supervisor, Pascagoula (FLRA 0-AR-3454): Lost travel overtime awarded for contract breach

Navy employees received less travel overtime than expected after the agency booked their return trip outside some hours corresponding to their regular work schedule. An arbitrator found that the contract required an earlier flight and awarded the overtime the employees would have received on that…

April 18, 2002 ·FLRA
Upheld
COMM

Lurlie Ramey (on behalf of Charles Ramey) v. Triple R Coal Company and Old Republic Insurance Company

Ramey v. Triple R Coal (BRB 01-0817): Proposed black lung settlement rejected

Charles Ramey's black lung benefits claim had been denied, and the parties later proposed a settlement while the case was in court. After his death, Lurlie Ramey continued the matter on his behalf. The judge found the settlement terms reasonable but ruled that the Black Lung Benefits Act did not…

April 17, 2002 ·BRB
Affirmed
ALJ

Read Sand & Gravel

Request to reopen denied and $944 penalty ordered paid

Read Sand & Gravel removed earthen materials for an agricultural customer and asked to reopen the case after it failed to notify the Secretary within 30 days that it wished to contest a proposed $944 penalty assessment. Read argued that it did not own, control, or manage the property, that several…

April 16, 2002 ·David F. Barbour ·FMSHRC
Procedural
ALJ

Coalfield Services

Temporary reinstatement granted

William Denny Griffitts, a welder and maintenance worker for Coalfield Services, reported that he was exposed to a serious safety hazard while working inside a coal chute. He reported the incident to company officials and to MSHA, and the company later issued a suspension notice with the intention…

April 16, 2002 ·Irwin Schroeder ·FMSHRC
Other
COMM

United States Department of the Air Force, Luke Air Force Base, Arizona (Respondent) and American Federation of Government Employees, Local 1547 (Charging Party/Union)

Luke Air Force Base (FLRA DE-CA-00216): EEO-package procedure change required bargaining

Luke Air Force Base began requiring an initial interview before providing employees with EEO counseling forms and information. The Authority held that changing this negotiable condition of employment without notice and bargaining violated the statute. EEOC authority over discrimination complaints…

April 16, 2002 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1923 (Union) and United States Department of Veterans Affairs, Baltimore, Maryland (Agency)

AFGE Local 1923 and VA Baltimore (FLRA 0-AR-3507): Nonfact and agreement-interpretation exceptions denied

AFGE Local 1923 challenged an arbitration award involving the VA in Baltimore. The Authority found that the union had not established a decisive factual error or a failure to draw the award’s essence from the agreement. The cited nonfact standard excludes factual disputes litigated in arbitration…

April 16, 2002 ·FLRA
Upheld
ALJ

Roni Development Co., Inc.

Settlement approved

OSHA issued Roni Development citations alleging serious and other-than-serious violations after inspecting a worksite. The parties reached a settlement at the hearing and reduced their agreement to a written stipulation. The judge approved the settlement and incorporated its terms into the order…

April 15, 2002 ·Irving Sommer ·OSHRC
Settled
COMM

PacifiCorp Naughton Generating Station

In re PacifiCorp Naughton Generating Station (EAB CAA Appeal No. 01-04): appeal dismissed after exemption

PacifiCorp sought review of an EPA decision denying its petition for an exemption from continuous opacity monitoring requirements for Unit 3 at the Naughton Generating Station in Wyoming. While the appeal was pending, PacifiCorp and EPA's Office of Air and Radiation negotiated over the matter and…

April 12, 2002 ·EPA EAB
Settled
ALJ

Trinity Marine Products, Inc.

Welding electrical-hazard citations vacated

Trinity manufactured river barges at a Tennessee shipyard where a newly assigned welder received a fatal electric shock while tack welding. OSHA alleged that the welding rod holder was not fully insulated, employees lacked adequate hazard-communication training, and Trinity failed to keep welders'…

April 12, 2002 ·Stephen J. Simko, Jr. ·OSHRC
Citations vacated
ALJ

SC Development Corporation

Lead-protection violations affirmed and willful classification reduced

SC Development demolished a lead-painted railroad bridge by torch cutting without first assessing employee lead exposure. Employees lacked required interim respiratory protection, protective clothing, washing facilities, biological monitoring, training, and a site-specific compliance program. The…

April 12, 2002 ·Ken S. Welsch ·OSHRC
Mixed result
COMM

United States Department of the Treasury, Internal Revenue Service, Andover, Massachusetts (Agency) and National Treasury Employees Union, Chapter 68 (Union)

IRS Andover and NTEU Chapter 68 (FLRA 0-AR-3511): Agency’s arbitration exceptions denied

The IRS in Andover challenged an arbitration award involving NTEU Chapter 68. The Authority found that the agency had not established that the arbitrator exceeded his authority. It also applied the rule that procedural-arbitrability findings cannot be challenged on grounds directly contesting that…

April 11, 2002 ·FLRA
Upheld
COMM

In re G-C-L-, Respondent

Late reopening granted for coercive population-control claim

The Board considered a Chinese applicant's untimely motion to reopen exclusion proceedings based on China's coercive population-control policies. The applicant testified that his wife had been forced to undergo an abortion and sterilization and that the couple had been fined. The Board granted the…

April 10, 2002 ·BIA
Other
ALJ

Left Fork Mining Inc.

Two citations vacated and one modified

Left Fork Mining operated an inactive underground coal mine where an MSHA inspector issued three citations involving a fan warning signal, a two-way communications system, and withdrawal after ventilation stopped. Judge Jerold Feldman found that the Secretary proved the missing fan signal, but the…

April 9, 2002 ·Jerold Feldman ·FMSHRC
Mixed result
COMM

City of Manchester, N.H.

In re City of Manchester, N.H. (EAB NPDES Appeal No. 02-04): petition withdrawn

The City of Manchester filed a petition for review concerning NPDES Permit No. NH 10100447. It later asked the Environmental Appeals Board to withdraw the petition. The Board granted the request and dismissed the appeal with prejudice. The order does not state why the petition was withdrawn.

April 8, 2002 ·EPA EAB
Procedural
COMM

Frank Ravalli v. Pasha Maritime Services

Ravalli v. Pasha Maritime Services (BRB 01-0572): benefits termination made effective in 1998

Frank Ravalli had received permanent partial disability benefits after a work injury, but later earnings showed no remaining loss of earning capacity. The judge terminated his award as of the date of the remand order in March 2001. The Board held that a modification order terminating compensation…

April 8, 2002 ·BRB
Modified
COMM

In re U-H-, Respondent

USA PATRIOT Act did not change terrorism standards

The Board considered an Iranian respondent's motion to reconsider a prior decision finding him ineligible for asylum and withholding of removal. The respondent argued that section 412 of the USA PATRIOT Act changed the standards for determining whether there were reasonable grounds to believe he…

April 5, 2002 ·BIA
Procedural
COMM

Reilly Industries, Inc.

In re Reilly Industries, Inc. (EAB RCRA Appeal No. 01-01, listed as RCRA 02-01): petition withdrawn after permit modification

Reilly Industries, Inc. sought review of conditions in a Boiler and Industrial Furnace permit issued by EPA Region V. The parties requested a stay while discussing an informal resolution, and Reilly later reported that Region V had approved a Class II modification resolving the appeal. The…

April 4, 2002 ·EPA EAB
Settled
COMM

In re Luis Manuel RAMOS, Respondent

Massachusetts DUI was not a crime of violence

The Board reconsidered the removal case of a Portuguese lawful permanent resident who had a Massachusetts conviction for operating a motor vehicle while under the influence of alcohol and a two-year sentence. The Board held that the offense did not, by its nature, involve a substantial risk that…

April 4, 2002 ·BIA
Vacated
COMM

In re Martha ANDAZOLA-Rivas, Respondent

Ordinary hardship did not support cancellation

The Board reviewed the Service's appeal from an Immigration Judge's grant of cancellation of removal to an unmarried Mexican mother with two United States citizen children. The Board considered the family's financial circumstances, the children's education and language concerns, and the…

April 3, 2002 ·BIA
Vacated
COMM

Robert McKenzie v. Crowley American Transport, Incorporated

McKenzie v. Crowley American Transport (BRB 01-0565): port truck driving was land transport

Robert McKenzie sustained a head injury while working as a truck driver at the Crowley yard in Port Everglades. He moved containers from a port holding yard to a railroad yard and other land destinations, with occasional dockside pickups. The judge found that the injury occurred at a covered site…

April 3, 2002 ·BRB
Affirmed
ALJ

Bob Anderson Builders, Inc.

Willful roof-fall violation affirmed

Bob Anderson Builders framed a multi-story retirement facility where a newly hired carpenter slipped on a frosted roof and fell 32 to 34 feet through a gap in an incomplete slide guard. The judge found that employees also accessed the roof by climbing trusses instead of a ladder, but classified…

April 3, 2002 ·Robert A. Yetman ·OSHRC
Modified
ALJ

Noble Drilling Services, Inc. and Noble Drilling (U.S.) Inc.

Personnel-basket and test-record violations affirmed

Noble was converting an offshore drilling unit at a Mississippi shipyard when OSHA inspected the vessel and dockside work. The judge held that OSHA had jurisdiction because the Coast Guard had not regulated the cited working conditions on the uninspected vessel. A serious general-duty violation was…

April 3, 2002 ·Nancy J. Spies ·OSHRC
Mixed result
COMM

United States Department of the Treasury, United States Customs Service, El Paso, Texas (Agency) and National Treasury Employees Union, Chapter 143 (Union)

Customs Service, El Paso (FLRA 0-AR-3393): Supplemental lost-overtime award upheld

An arbitrator issued a supplemental award implementing back pay after Customs used National Guard personnel at two exit gates without the contractually required Customs staffing. The Authority upheld the award against the agency’s legal and contractual challenges. It read the award as limited to…

April 3, 2002 ·FLRA
Upheld
COMM

United States Department of Commerce, National Oceanic and Atmospheric Administration, Office of Marine and Aviation Operations, Marine Operations Center, Norfolk, Virginia (Agency) and International Brotherhood of Electrical Workers, Local 80 (Union)

NOAA Marine Operations Center and IBEW Local 80 (FLRA 0-AR-3041): Both reconsideration motions denied

NOAA and IBEW Local 80 each sought reconsideration of an earlier arbitration decision involving the Norfolk Marine Operations Center. Both challenged the Authority’s interpretation of governing statutes and regulations. The Authority found that those arguments merely sought to relitigate its prior…

April 2, 2002 ·FLRA
Procedural
COMM

Lyon County Landfill

In re Lyon County Landfill (EAB CAA Appeal No. 00-5): liability split and penalty reduced

Lyon County operated a municipal landfill in Lynd, Minnesota, that accepted asbestos-containing waste material. EPA alleged six violations of the asbestos National Emission Standards for Hazardous Air Pollutants, including visible emissions, inadequate covering, incomplete waste shipment records…

April 1, 2002 ·EPA EAB
Mixed result
ALJ

Tierdael Construction Company

Transite-pipe asbestos items partly affirmed

Tierdael removed asbestos-containing transite water pipe while lowering a water line in Colorado. The judge held that removing the buried pipe was Class II asbestos work even though the pipe remained non-friable and employee exposure stayed below OSHA limits. Tierdael failed to establish a…

March 29, 2002 ·Benjamin R. Loye ·OSHRC
Mixed result
COMM

Cactus Canyon Quarries of Texas, Inc.

Late penalty filing remanded for prejudice analysis

MSHA issued a citation and order to Cactus Canyon, but did not issue the proposed penalty assessment until 364 days later. The Secretary then filed the penalty petition 15 days late, and the administrative law judge allowed the late filing after finding adequate cause and no prejudice. The…

March 28, 2002 ·FMSHRC
Remanded
COMM

Cactus Canyon Quarries of Texas, Inc.

Interlocutory review denied

Cactus Canyon asked the Commission to review an administrative law judge's refusal to certify an earlier order for interlocutory review. That earlier order allowed the Secretary to file penalty petitions late. The Commission treated Cactus Canyon's filing as a petition for interlocutory review, but…

March 28, 2002 ·FMSHRC
Procedural
ALJ

U.S. Borax, Incorporated

Discrimination complaint dismissed

Louis W. Dykhoff, Jr., a longtime shipping-department employee at U.S. Borax's Boron Operations, alleged that the company retaliated against him after he raised safety concerns about work surfaces, equipment, and other conditions. The alleged actions included transfers, parking restrictions…

March 27, 2002 ·Richard W. Manning ·FMSHRC
Other
COMM

In re J-E-, Respondent

Haitian prison conditions did not establish likely torture

The Board considered a Haitian national's request for protection under Article 3 of the Convention Against Torture after an Immigration Judge found him removable based on a controlled-substance conviction and unlawful presence. He argued that return would expose him to indefinite detention, severe…

March 22, 2002 ·BIA
Other
ALJ

The National Coal Museum

Mine-roof hazard affirmed as serious

The National Coal Museum operated public tours in an abandoned Illinois coal mine and employed former miners to maintain the underground facility. The judge held that OSHA had jurisdiction because the site was a museum, not an active mineral-extraction operation regulated by MSHA, and rejected…

March 22, 2002 ·Ken S. Welsch ·OSHRC
Mixed result
ALJ

Double "A" Industries, Inc.

Roofing subcontractor's safety citations affirmed under the multi-employer worksite rule

Double "A" Industries is a small south Florida shell contractor that took a $38,000 contract to build a guardhouse and subcontracted the roofing labor out. An OSHA officer inspecting a nearby site watched roof workers for about 40 minutes without fall protection or hard hats and improperly using…

March 22, 2002 ·Ken S. Welsch ·OSHRC
Citations affirmed
COMM

James Jeschke v. Jones Stevedoring Company

Jeschke v. Jones Stevedoring (BRB 01-0553): settlement covered replacement hearing aids

Longshore worker James Jeschke settled a hearing loss claim with Jones Stevedoring and another employer. The approved agreement required Jones to pay his future medical expenses for the work-related hearing loss. When Jeschke later bought digital hearing aids, Jones argued that an earlier employer…

March 21, 2002 ·BRB
Affirmed
COMM

Larry Weikert v. Universal Maritime Service Corporation

Weikert v. Universal Maritime Service (BRB 01-552): medical benefits allowed without ratable hearing loss

Larry Weikert developed a work-related hearing loss while repairing containers and chassis for Universal Maritime Service. He sought medical care but no disability benefits, and later tests did not show a ratable impairment. The Board held that a ratable loss under the disability schedule was not…

March 21, 2002 ·BRB
Remanded
COMM

Asarco, Inc.

Penalty assessments reopened after inadvertent payment

Asarco intended to contest penalties connected to citations issued after an accident at its Mission Underground mine, but company personnel inadvertently paid nine assessments instead of submitting the contest forms. Asarco later narrowed the motion to five citations, and the Secretary did not…

March 20, 2002 ·FMSHRC
Remanded
ALJ

Asarco Incorporated

Discrimination complaint dismissed

Daniel Hernandez, a probationary underground drill operator at Asarco's Mission Complex, alleged that the company fired him in retaliation for safety complaints. The judge found that Hernandez did not prove he engaged in protected activity and, alternatively, that Asarco fired him for legitimate…

March 20, 2002 ·Jacqueline R. Bulluck ·FMSHRC
Other
COMM

Rogers Group, Incorporated

Default order reopened and remanded

Rogers Group failed to answer a civil penalty petition and a show-cause order, so an administrative law judge entered a default order assessing $1,500. Rogers filed six days late, and the Commission found confusion in the record about where the default order had been sent and when Rogers received…

March 20, 2002 ·FMSHRC
Remanded
COMM

United States Department of the Treasury, United States Customs Service, Port of New York and Newark (Agency) and National Treasury Employees Union, Chapter 161 (Union)

Customs Service, New York and Newark (FLRA 0-AR-3384): Adequate notice defeats vessel-boarding back-pay award

Customs temporarily stopped routine vessel boarding during overtime hours at New York and Newark after notifying the union of the change and its planned timing. An arbitrator found unlawful unilateral action and awarded $146,502 in lost overtime. The Authority held that the notice objectively…

March 20, 2002 ·FLRA
Set aside
COMM

Domingos Seguro v. Universal Maritime Service Corporation

Seguro v. Universal Maritime Service (BRB 01-0542): related back and left knee conditions remanded

Domingos Seguro injured his right knee while working as a longshoreman and received voluntary permanent total disability payments for years. The Board held that an earlier judge had never issued a formal compensation award, so the later proceedings decided the still-pending original claim rather…

March 18, 2002 ·BRB
Remanded
ALJ

Pamela Bridge Pero v. Cyprus Plateau Mining Corp.

Settlement approved on remand

Pamela Bridge Pero's discrimination case against Cyprus Plateau Mining Corp. returned to the judge on remand. The parties chose to settle rather than present additional evidence, and they represented that the agreement finally resolved all issues. Judge August F. Cetti found the settlement…

March 15, 2002 ·August F. Cetti ·FMSHRC
Settled
ALJ

Bilbrough Marble Division, Texas Agricultural Aggregate

Windshield and backup-alarm citations vacated

Bilbrough Marble Division operated the intermittently active Roper Quarry, where it reclaimed stock from a dolomite marble operation. MSHA cited a front-end loader for a severely cracked windshield and an inoperable backup alarm, proposing $110 in penalties. Judge Michael E. Zielinski found that…

March 15, 2002 ·Michael E. Zielinski ·FMSHRC
Citations vacated
COMM

Edward O'Neil, representative of Raymond O'Neil's estate v. Bunge Corporation

O'Neil estate v. Bunge (BRB 01-0541): unsigned settlement could not be enforced

Raymond O'Neil received permanent partial disability benefits after a work-related heart attack while employed by Bunge. He and Bunge negotiated a proposed $63,000 settlement, but he died before signing the application. His lawyer later submitted the proposal for approval on behalf of the estate…

March 15, 2002 ·BRB
Affirmed
ALJ

LTV Steel Company, Inc., United Steel Workers of America, District 1, Local Union 188, Authorized Employee Representative

First-aid coverage citation vacated

LTV reduced one of its two steel-mill infirmaries to daytime hours after constructing a bridge connecting the mill's east and west sides. OSHA alleged that west-side employees lacked a nearby medical facility and adequately trained first-aid personnel during evening hours. The judge found that the…

March 14, 2002 ·Michael H. Schoenfeld ·OSHRC
Citations vacated
ALJ

LTV Steel Company, Inc.

Fatality-reporting citation vacated

An LTV Steel millwright suffered a fatal heart attack while working outdoors at the company's Cleveland mill. OSHA cited LTV under the then-current rule requiring an employer to report a death from a work-related incident within eight hours. The judge found no evidence that work activity or a…

March 14, 2002 ·Michael H. Schoenfeld ·OSHRC
Citations vacated
ALJ

Pittsburg & Midway Coal Mng. Co. York Canyon Cmplx.

Late-filing reconsideration denied

The Secretary filed its civil-penalty petition 11 days late in a case against the York Canyon Surface Mine. Judge David F. Barbour had accepted the late filing after finding adequate cause and no prejudice to the operator. He rejected the operator's request for reconsideration, explaining that a…

March 13, 2002 ·David F. Barbour ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Local 916 (Union) and United States Department of the Air Force, Oklahoma Air Logistics Center, Tinker Air Force Base, Oklahoma (Agency)

AFGE Local 916 and Air Force Tinker (FLRA 0-AR-3413): Make-up overtime upheld without proof of lost pay

An Air Force employee at Tinker Air Force Base was improperly bypassed for two eight-hour overtime opportunities. Arbitrator Russell C. Neas found a contract violation but found no proof that the employee actually lost pay. He ordered the agency to offer the next available sixteen hours of overtime…

March 12, 2002 ·FLRA
Upheld
COMM

Indeck-Niles, L.L.C.

In re Indeck-Niles, L.L.C. (EAB PSD Appeal No. 02-3): review denied for power plant permit

Indeck-Niles, L.L.C. sought a PSD permit for an electric generating station in Niles, Michigan. Nearby petitioners challenged formaldehyde and other hazardous-air-pollutant emissions, the use of regional meteorological data, economic impacts from multiple power plants, ozone-action-day operations…

March 11, 2002 ·EPA EAB
Affirmed
ALJ

Perry County Coal Corp.

Motion to reopen denied and $14,055 penalty ordered paid

Perry County Coal failed to notify the Secretary within 30 days that it wished to contest proposed penalties for four citations. The operator argued that counsel had mistakenly believed a notice of contest for one citation covered the others. Judge David F. Barbour found that the company had…

March 11, 2002 ·David F. Barbour ·FMSHRC
Procedural
COMM

In re Y-C-, Respondent

Detention and minority excused late asylum filing

The Board considered a 19-year-old Chinese national who entered the United States as an unaccompanied minor and filed an asylum application more than one year after arrival. He had remained in Immigration and Naturalization Service custody during the one-year filing period, and the Immigration…

March 11, 2002 ·BIA
Remanded
COMM

General Growth Properties

In re General Growth Properties (EAB CWA Appeal No. 02-01): petition dismissed for lack of jurisdiction

Four interested parties challenged EPA Region VII's alleged failure to comment on a Corps of Engineers permit for a shopping mall in West Des Moines, Iowa. They asked the EAB to review the Corps permit and EPA's alleged duties under the Clean Air Act, the National Environmental Policy Act, the…

March 11, 2002 ·EPA EAB
Procedural
COMM

Advanced Electronics, Inc.

In re Advanced Electronics, Inc. (EAB CWA Appeal No. 00-5): monitoring penalty reduced

Advanced Electronics manufactured printed circuit boards and discharged industrial wastewater to the City of West Chicago's publicly owned treatment works. EPA alleged that the company exceeded permit limits for copper, lead, and pH and failed to monitor its effluent as required. The Environmental…

March 11, 2002 ·EPA EAB
Mixed result
COMM

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

AFGE Local 1709 and Dover Air Force Base (FLRA 0-AR-3410): Denial of individual flexible schedule upheld

A civilian laboratory employee at Dover Air Force Base sought to continue an early work schedule for family reasons. Arbitrator Norman J. Stocker found that the agency could deny the request under the parties' agreement for safety, supervision, and mission reasons. The Authority denied the union's…

March 11, 2002 ·FLRA
Upheld
COMM

Astaris Idaho LLC

In re Astaris Idaho LLC (EAB NPDES Appeal No. 01-25): permit remanded during settlement discussions

Astaris Idaho, LLC appealed a permit while the facility was ceasing operations. The parties later asked the Environmental Appeals Board to remand the permit so EPA Region 10 could continue settlement discussions. The Board stayed further briefing and remanded the permit without prejudice to a later…

March 8, 2002 ·EPA EAB
Remanded
ALJ

Lodestar Energy Incorporated

Summary-decision motions denied and hearing rescheduled

Lodestar Energy asked the judge to vacate three citations alleging that oxygen levels in areas where people worked or traveled fell below the required minimum. The Secretary asked for summary decision affirming the citations and civil penalties. Judge Gary Melick denied both motions because the…

March 8, 2002 ·Gary Melick ·FMSHRC
Procedural
COMM

American Federation of Government Employees, AFL-CIO, Local 933 (Union) and United States Department of Veterans Affairs, John D. Dingell Medical Center (Agency)

AFGE Local 933 and VA John D. Dingell Medical Center (FLRA 0-AR-3480): Union arbitration exceptions denied

AFGE Local 933 challenged an award by Arbitrator Michael P. Long involving the VA's John D. Dingell Medical Center. The agency filed no opposition. The Authority found no basis to disturb the award under the statutory standards for reviewing arbitration decisions. It cited precedent addressing…

March 8, 2002 ·FLRA
Upheld

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.