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

Rawl Sales & Processing Company

Citation vacated after evenly divided review

Rawl operated an underground coal mine where a belt conveyor carried coal through an area with no miners present during the second shift. MSHA cited the company for not conducting an on-shift examination of the belt haulageway under 30 C.F.R. § 75.362(b). The judge vacated the citation, finding…

May 9, 2001 ·FMSHRC
Citations vacated
ALJ

American Coal Company

Diesel engine citations affirmed

American Coal operated the Galatia Mine, an underground coal mine in Illinois, with diesel-powered personnel carriers. MSHA cited two engines because their approval markings were made by the mine rather than supplied by the engine manufacturer, as required by 30 C.F.R. § 7.90. The parties…

May 9, 2001 ·Michael E. Zielinski ·FMSHRC
Citations affirmed
COMM

In re Fernando Alfonso TORRES-VARELA, Respondent

Repeated Arizona DUI convictions were not moral turpitude

The Board considered the Immigration and Naturalization Service's appeal from an Immigration Judge's decision involving the respondent's aggravated driving under the influence conviction under Arizona law. The respondent had prior DUI convictions and was convicted of aggravated DUI after two or…

May 9, 2001 ·BIA
Affirmed
COMM

In re Juana Claudia PATINO, Respondent

Appeal-waiver challenge remanded to the Immigration Judge

The Board considered a respondent's challenge to an appeal waiver after an Immigration Court clerk rejected her motion to reconsider a deportation proceeding. The Board held that a party may challenge the validity of an appeal waiver either by filing a motion to reconsider with the Immigration…

May 9, 2001 ·BIA
Procedural
COMM

Peggy Ibos v. New Orleans Stevedores

Ibos v. New Orleans Stevedores (BRB 00-828): last asbestos exposure determines employer liability

Bertrand Ibos worked for several stevedoring employers and developed mesothelioma after occupational asbestos exposure. He stopped working in 1995 and died in 1996; his widow, Peggy Ibos, pursued his disability claim and survivor benefits. The Board affirmed that New Orleans Stevedores, his last…

May 9, 2001 ·BRB
Affirmed
COMM

Cody-Zeigler, Inc.

Consensual inspections and mixed citation rulings affirmed

Cody-Zeigler faced citations arising from five programmed inspections at construction projects in Ohio. Although company representatives consented when OSHA arrived, the contractor later argued that the frequency of inspections showed a lack of administrative probable cause. The Commission held…

May 9, 2001 ·OSHRC
Mixed result
COMM

American Federation of Government Employees, Local 738 (Union) and United States Department of the Army, Combined Arms Center, and Fort Leavenworth, Fort Leavenworth, Kansas (Agency)

Army Fort Leavenworth (FLRA 0-AR-3405): procedural arbitrability challenge rejected

AFGE Local 738 filed an exception to an arbitration award involving the Army’s Combined Arms Center and Fort Leavenworth. The Authority found no established defect and denied the exception. The short decision cites precedent limiting direct challenges to an arbitrator’s determination of procedural…

May 9, 2001 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R4-47 (Union) and U.S. Department of Transportation, Maritime Administration, James River Reserve Fleet, Fort Eustis, Virginia (Agency)

James River Reserve Fleet (FLRA 0-AR-3397): union’s contract-interpretation exception denied

NAGE Local R4-47 challenged an arbitration award involving the Maritime Administration’s James River Reserve Fleet. The Authority concluded that the union had not established a defect in the award and denied its exception. The brief decision cites the standards for challenging an award’s…

May 9, 2001 ·FLRA
Upheld
COMM

Department of the Treasury, Internal Revenue Service, Kansas City Service Center, Kansas City, Missouri (Respondent) and National Treasury Employees Union and National Treasury Employees Union, Chapter 66 (Charging Parties)

IRS Kansas City Service Center (FLRA DE-CA-90628, DE-CA-90850): shift changes required bargaining

The IRS service center changed night-shift schedules without bargaining with NTEU and dealt directly with employees about seating arrangements. The Authority upheld findings that both actions violated the duty to bargain. The agreement’s reassignment provisions did not cover these shift changes…

May 8, 2001 ·FLRA
Upheld
COMM

Sheppard Air Force Base, Wichita Falls, Texas (Activity/Petitioner) and American Federation of Government Employees, Local 779 (Labor Organization) and American Federation of Government Employees, Local 1731 (Labor Organization)

Sheppard Air Force Base (FLRA DA-RP-80031): consolidation fails without an identified union representative

Sheppard Air Force Base sought to combine two bargaining units represented by different AFGE locals, over the locals’ objections. The Regional Director dismissed the petition, and the Authority denied review. The Authority found that no labor organization had been identified to represent the…

May 8, 2001 ·FLRA
Upheld
COMM

International Association of Firefighters, Local F-107 (Union) and United States Department of the Air Force, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia (Agency)

Warner Robins Air Logistics Center (FLRA 0-AR-3400): firefighters’ arbitration exceptions denied

The International Association of Firefighters, Local F-107, challenged an arbitration award involving Warner Robins Air Logistics Center. The Authority found no defect on the grounds raised and denied the union’s exceptions. The brief decision cites standards for nonfact claims, unspecified legal…

May 8, 2001 ·FLRA
Upheld
COMM

Steel Dynamics, Inc.

In re Steel Dynamics, Inc. (EAB PSD Appeal No. 01-03): reconsideration and stay denied

Citizens Organized Watch asked the Environmental Appeals Board to reconsider its earlier order denying review of issues concerning Steel Dynamics, Inc.'s PSD permits. It also asked the Board to stay that earlier order and extend the time to seek reconsideration of two remanded issues. The Board…

May 7, 2001 ·EPA EAB
Procedural
ALJ

Williams Brothers Construction, Inc.

Uncovered floor holes citation affirmed despite a multi-employer defense

Williams Brothers Construction was doing interior demolition at a university library in Charleston, Illinois, and also served as the project's coordinating contractor. OSHA cited it with an other-than-serious violation, no penalty proposed, for a cluster of uncovered floor holes on the second floor…

May 7, 2001 ·Ken S. Welsch ·OSHRC
Citations affirmed
ALJ

M & M Roofing, Inc.

A willful residential fall-protection citation cut to serious after a bench trial

M & M Roofing is a residential roofing contractor. OSHA inspected a Mason, Ohio jobsite in August 2000 and issued two citations: a serious citation for not having a program of frequent, regular jobsite inspections by a competent person, and a willful citation for not protecting workers from falls…

May 7, 2001 ·Stephen J. Simko, Jr. ·OSHRC
Modified
ALJ

Valley Electric Company of Mount Vernon, and its successors

Electrical-panel guarding citation vacated

Valley Electric performed electrical remodeling work at Whidbey Island Naval Air Station in Washington. OSHA cited three energized distribution panels because cardboard flaps covered them instead of permanent metal covers. The judge found that screwed-in dead fronts prevented accidental contact…

May 7, 2001 ·Benjamin R. Loye ·OSHRC
Citations vacated
ALJ

C-Post

Willful lockout and guarding citations cut to serious after a small fence-post maker's amputation injury

C-Post is a small Montana company that makes wooden fence posts and furniture legs from logs, employing about 10 people. After a worker's left hand was severed in a doweler machine, OSHA inspected and issued a long list of serious, willful, repeat, and other-than-serious citations covering…

May 7, 2001 ·Ken S. Welsch ·OSHRC
Modified
COMM

In re Francisco Javier MONREAL-Aguinaga, Respondent

Cancellation denied under the higher hardship standard

The Board reviewed a Mexican respondent's appeal from the denial of cancellation of removal. He had lived in the United States since entering at age 14, supported two United States citizen children, and had lawful permanent resident parents in the country. The Board held that cancellation requires…

May 4, 2001 ·BIA
Affirmed
COMM

In re Bing Chih KAO, Respondent; In re Mei Tsui LIN, Respondent

In re Bing Chih KAO and Mei Tsui LIN (BIA ID 3446): extreme hardship supported suspension of deportation

The Board reviewed a Taiwanese couple's appeal from the denial of suspension of deportation. They had five United States citizen children, ages 6 through 15, who had lived their entire lives in the United States and were not sufficiently fluent in Chinese for an adequate transition to Taiwan. The…

May 4, 2001 ·BIA
Vacated
COMM

U.S. Department of Energy, Kaiser-Hill Company, L.L.C., and Rocky Flats Closure Site Services, L.L.C.

In re U.S. Department of Energy, Kaiser-Hill Company, L.L.C., and Rocky Flats Closure Site Services, L.L.C. (EAB NPDES Appeal No. 00-25): appeal dismissed after settlement

The United States Department of Energy, Kaiser-Hill Company, L.L.C., and Rocky Flats Closure Site Services, L.L.C. jointly asked the Environmental Appeals Board to dismiss their appeal of an NPDES permit. The parties reported that they had reached a settlement to modify the permit and that the…

May 3, 2001 ·EPA EAB
Settled
COMM

Indian Health Service, Crow Hospital, Crow Agency, Montana (Respondent) and Marcella A. Knaub, Individual (Charging Party) and Millie F. Stewart, Individual (Charging Party)

Indian Health Service, Crow Hospital (FLRA DE-CA-90532, DE-CA-90639): forced resignations were unlawful union retaliation

Crow Hospital required two probationary nurses to resign or be terminated after they sought union help and pursued grievances. Management attributed its action to their sharing an unused medication dose, but the Authority found that explanation was a pretext for retaliation. Other medication errors…

May 3, 2001 ·FLRA
Set aside
COMM

National Railroad Passenger Corp. (AMTRAK) and Southeastern Pennsylvania Transportation Authority (SEPTA)

In re National Railroad Passenger Corp. (AMTRAK) and Southeastern Pennsylvania Transportation Authority (SEPTA) (EAB CERCLA § 106 Petition No. 94-5): petition dismissed with prejudice

National Railroad Passenger Corp. (AMTRAK) and Southeastern Pennsylvania Transportation Authority (SEPTA) sought reimbursement under CERCLA section 106(b) for costs incurred at the Paoli Railyard Superfund Site. On April 27, 2001, they gave the Environmental Appeals Board notice that they were…

May 3, 2001 ·EPA EAB
Procedural
COMM

United States Department of Army, United States Army Garrison, Fort Mcclellan, Alabama (Activity) and American Federation of Government Employees (Petitioner/Labor Organization)

Army Garrison, Fort McClellan (FLRA AT-RP-00067): later election objections arrived one day late

AFGE sought review of a Regional Director’s dismissal of objections to a representation election at Fort McClellan. The Authority explained that the Director had considered the union’s original objection and its supporting evidence on the merits. Three additional objections, however, arrived on…

May 3, 2001 ·FLRA
Upheld
ALJ

GTI Capitol Holdings LLC dba Rockland Materials

Summary judgment motions denied

GTI Capitol Holdings, doing business as Rockland Materials, operated a sand and gravel quarry and concrete batch plant in Arizona. MSHA issued two citations and a withdrawal order after a fatal accident, and Rockland argued that MSHA lacked jurisdiction over stockpiles serving its concrete batch…

May 2, 2001 ·Richard W. Manning ·FMSHRC
Procedural
COMM

Heritage Environmental Services

In re Heritage Environmental Services (EAB RCRA Appeal No. 99-2): petition dismissed as moot

Heritage Environmental Services was involved in a challenge to an EPA permit for its facility. EPA Region IX later determined that the facility did not require a federal permit in addition to the permit issued by the authorized state and withdrew the federal permit. The withdrawal made the petition…

May 1, 2001 ·EPA EAB
Procedural
COMM

Ohio Valley Insulating Company, Inc.

In re Ohio Valley Insulating Company, Inc. (EAB CAA Appeal No. 01-01): presiding officer's initial decision vacated

Ohio Valley Insulating Company was assessed a $20,000 penalty in an Initial Decision for failing to keep regulated asbestos-containing material adequately wet until collection for disposal. The Board had elected to review the Initial Decision on its own initiative because it questioned the penalty…

May 1, 2001 ·EPA EAB
Vacated
COMM

Terry E. Sheerer v. Bath Iron Works Corporation

Sheerer v. Bath Iron Works (BRB 00-0778): approved break activity falls within employment

Terry Sheerer was a painter at Bath Iron Works when he fell during a ping-pong game on a scheduled overnight lunch break and ruptured a tendon in his left knee. The employer disputed his claim, arguing that voluntary recreation did not arise in the course of work. The Board found that employees…

May 1, 2001 ·BRB
Affirmed
COMM

Fiore Construction Co., Inc.

Willful trench violation affirmed with reduced penalty

Fiore Construction had two employees working in an eight-foot-deep utility trench without a trench box, shoring, or adequate sloping. The foreman had extensive excavation experience, had completed OSHA excavation training, and admitted knowing that cave-in protection was required under the…

May 1, 2001 ·OSHRC
Modified
COMM

Consolidation Coal Company

Dust citation dismissal affirmed

MSHA cited Consolidation Coal after an inspector observed visible dust generated during roof bolting at the Blacksville No. 2 underground coal mine. The Secretary argued that the dust-control ventilation system did not adequately disperse dust away from miners, while the company disputed the…

April 30, 2001 ·FMSHRC
Citations affirmed
ALJ

Cashiola Construction

Late notice of contest dismissed

Cashiola Construction received an OSHA citation and proposed penalty on November 9, 2000, making December 1 the deadline to contest. OSHA did not receive the company's contest until January 22, 2001, when the company asserted that it was not the proper party. The company did not respond to the…

April 30, 2001 ·Irving Sommer ·OSHRC
Procedural
ALJ

Airloc, Inc.

A window maker's late contest of failure-to-abate penalties was dismissed

Airloc, Inc. is a small aluminum window, door, and awning maker in Youngstown, Ohio. In June 2000 it received a notification that it had failed to abate two power-press hazards, one for unguarded foot pedals and one for missing periodic inspections, with $3,000 in additional penalties proposed. The…

April 30, 2001 ·Ken S. Welsch ·OSHRC
Procedural
ALJ

Stolle Products A Division of American Trim

Settlement approved after an acid-tank burn injury, $9,200 penalty

Stolle Products, a division of American Trim, runs a metal finishing plant in Sidney, Ohio. After an employee burned his legs in an acid tank in April 2000, OSHA inspected the anodizing department and issued serious and other-than-serious citations. Stolle contested them, and a hearing was held…

April 30, 2001 ·Ken S. Welsch ·OSHRC
Settled
COMM

American Federation of Government Employees, Local 4044, Council of Prisons Local 33 (Union) and U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Three Rivers, Texas (Agency)

Federal Correctional Institution, Three Rivers (FLRA 0-AR-3314): dress-shirt grievance denial upheld

A drug treatment specialist at a federal prison challenged a request to wear a dress shirt after he began wearing loose polo shirts because of a skin irritation. The arbitrator found that professional dress was the existing practice and that management had not introduced a new dress code requiring…

April 30, 2001 ·FLRA
Upheld
COMM

United States Department of the Army, United States Army Reserve Command, Fort McPherson, Georgia and United States Department of the Army, First U.S. Army, Fort Gillem, Georgia (Activities) and American Federation of Government Employees, AFL-CIO, Local 1759 (Petitioner)

First U.S. Army (FLRA AT-RP-00030): adding employees to a unit requires fuller findings

AFGE Local 1759 sought to add First Army employees at Fort Gillem to its existing bargaining unit without an election. The Regional Director approved that addition, relying largely on shared personnel services and avoiding fragmentation. The Authority granted the agency’s application for review and…

April 27, 2001 ·FLRA
Remanded
COMM

ABF Freight System, Inc.

Trailer wheel-blocking citation withdrawn

OSHA cited ABF Freight for loading and unloading uncoupled trailers without wheel blocks at its Houston terminal. The administrative law judge rejected the company's argument that modern spring-powered parking brakes made wheel chocks unnecessary and affirmed the serious item with a $3,150 penalty…

April 27, 2001 ·OSHRC
Citations vacated
ALJ

Aggrecon Concrete, Inc., and its successors

Late contest dismissed after the owner signed for the citation but never opened it

Aggrecon Concrete installed sewer and water lines at a project in Donna, Texas. OSHA inspected the site and mailed citations by certified mail, which the company president signed for on May 19, 2000. The company did not file its contest until August 24, 2000, well past the 15-day deadline, so the…

April 26, 2001 ·Stanley M. Schwartz ·OSHRC
Procedural
COMM

Three Mountain Power, LLC

In re Three Mountain Power, LLC (EAB PSD Appeal No. 01-05): procedural challenge dismissed

Burney Resources Group petitioned for review of a PSD permit issued to Three Mountain Power, LLC by the Shasta County Department of Resource Management Air Quality Management District under an EPA delegation agreement. The petitioner challenged the public-comment process and the permit's Best…

April 25, 2001 ·EPA EAB
Procedural
COMM

Precision Concrete Construction

Concrete-bucket citation vacated for lack of employer knowledge

A Precision Concrete employee was killed when a 347-pound concrete bucket fell approximately 30 feet during a parking-deck pour. The Commission held that the standard barring employees from working under buckets while they are elevated or lowered applied even though the bucket was moving both…

April 25, 2001 ·OSHRC
Citations vacated
ALJ

Shamrock Enterprises

Settlement approved, penalty reduced to $11,117

Shamrock operated a sand and gravel facility in Minnesota where the Secretary alleged violations involving two orders and seven citations. The parties negotiated a settlement that reduced the proposed civil penalty from $24,326 to $11,117. Shamrock also agreed to conduct an eight-hour safety…

April 24, 2001 ·Irwin Schroeder ·FMSHRC
Settled
COMM

Steel Dynamics, Inc.

In re Steel Dynamics, Inc. (EAB PSD Appeal No. 01-03): permit review denied

Steel Dynamics, Inc. planned to build a new steel beam mill in Whitley County, Indiana, using electric arc furnaces and related equipment. Citizens Organized Watch challenged the modified PSD permit's lead-emissions analysis, the cost-effectiveness analysis for selective catalytic reduction of…

April 23, 2001 ·EPA EAB
Affirmed
COMM

BR & D Enterprises, Inc.

Temporary-reinstatement motion dismissed for lack of jurisdiction

Dewayne York was temporarily reinstated after filing a discrimination complaint with MSHA, and the parties later agreed to economic reinstatement. The Secretary asked the Commission to reopen the proceeding and modify the temporary-reinstatement order to reflect that agreement. The Commission held…

April 20, 2001 ·FMSHRC
Procedural
ALJ

Wake Stone Corporation

Guarding citations affirmed with penalties reduced

Wake Stone operated sand and gravel quarries in North Carolina with large haul trucks. MSHA cited two trucks because accessible alternator pulleys and v-belts were not guarded. Judge Michael E. Zielinski affirmed both citations but reduced the proposed penalties after finding lower negligence and…

April 19, 2001 ·Michael E. Zielinski ·FMSHRC
Modified
ALJ

Quality Builders, Inc.

Late notice of contest dismissed, citations become final

OSHA inspected a Quality Builders work site and issued two citations with penalties, which the company received by certified mail on September 12, 2000. Under the OSH Act an employer has 15 working days to file a written notice of contest, and here that deadline passed on October 3, 2000 with…

April 19, 2001 ·Irving Sommer ·OSHRC
Procedural
ALJ

Bredshall Plastering, Inc.

Unguarded table saw and missing scaffold guardrail affirmed, infeasibility and greater-hazard defenses rejected

Bredshall Plastering is a small Ohio contractor doing exterior insulation and stucco work. During work on a historical society office addition in Wilmington, an OSHA officer driving by saw a foreman on scaffolding without fall protection and stopped to inspect. OSHA issued a serious citation for an…

April 19, 2001 ·Ken S. Welsch ·OSHRC
Citations affirmed
ALJ

Cooper/T. Smith Stevedoring Company, Inc.

Forklift attachment items vacated and settled items affirmed

Cooper/T. Smith operated forklifts with paper-roll and bale-clamp attachments at a Memphis marine terminal. OSHA alleged that the company needed prior manufacturer approval and revised forklift data plates for those attachments. The judge found that proper front-end attachments within the…

April 19, 2001 ·Ken S. Welsch ·OSHRC
Mixed result
COMM

Town of Hudson, Massachusetts

In re Town of Hudson, Massachusetts (EAB NPDES Appeal No. 01-03): copper-effluent-limit challenge denied

The Town of Hudson operates a wastewater treatment facility that treats domestic and industrial wastewater and septage before discharging to the Assabet River. Hudson challenged copper effluent limits in its NPDES permit, arguing that it could not meet them consistently without expensive process…

April 18, 2001 ·EPA EAB
Other
COMM

City of Fitchburg, Massachusetts, and Fitchburg Wastewater Treatment Facilities Commission

In re City of Fitchburg, Massachusetts, and Fitchburg Wastewater Treatment Facilities Commission (EAB NPDES Appeal No. 00-33): petition dismissed after settlement

The City of Fitchburg and the Fitchburg Wastewater Treatment Facilities Commission appealed an NPDES permit. They later notified the Board that they had settled the underlying action and withdrew the petition for review. The Board dismissed the petition with prejudice.

April 18, 2001 ·EPA EAB
Settled
COMM

H & D Coal Company, Inc.

Reopening request remanded for review

H & D Coal asked the Commission to reopen a penalty assessment that had become final after the company did not timely contest it. The company said it had mailed a protest, but MSHA had no record of receiving it, and the Secretary did not oppose relief. The Commission could not decide the merits…

April 18, 2001 ·FMSHRC
Remanded
COMM

Department of the Air Force, 315TH Airlift Wing, Charleston Air Force Base, Charleston, South Carolina (Respondent) and American Federation of Government Employees, Local 1869 (Charging Party/Union)

315th Airlift Wing (FLRA AT-CA-90324): union officer’s suspension must be rescinded

The Air Force suspended union president Richard Egal for three days after a brief confrontation over representation at a performance-feedback meeting. The Authority upheld the judge’s finding that his angry gestures and marginal physical contact remained protected union activity under the…

April 18, 2001 ·FLRA
Modified
COMM

Kaiser Cement Corporation

Penalty assessments reopened and remanded

Kaiser Cement asked the Commission to reopen two penalty assessments that had become final after the company mistakenly paid assessments tied to citations it had already contested. The mistake occurred during a transition in the company's safety department, when a new director did not know that the…

April 17, 2001 ·FMSHRC
Remanded
COMM

Missoula County Road Department

Penalty reopening request remanded

Missoula County received a proposed penalty assessment and said it mailed a contest letter, but MSHA later reported that the letter had not been received and rejected a resubmitted contest as late. The Secretary did not oppose the county's request to reopen the final penalty order. The Commission…

April 17, 2001 ·FMSHRC
Remanded
COMM

Close Construction Company, Inc.

Penalty assessment reopening request remanded

Close Construction asked the Commission to reopen a proposed penalty assessment that had become final after the company said it had mistakenly identified the assessment control number in an earlier contest letter. The Secretary did not oppose the request. The Commission explained that it can reopen…

April 17, 2001 ·FMSHRC
Procedural
COMM

Field & Associates, Inc.

Commission affirms the fall-protection citation but throws out the material-storage citation for lack of exposure

Field & Associates is a roofing contractor. In August 1997, two of its employees were distributing bundles of shingles along the peak of a new church roof in Tipp City, Ohio, with no fall protection when two OSHA compliance officers passing by stopped to inspect. OSHA issued five serious citation…

April 17, 2001 ·OSHRC
Mixed result
ALJ

Arch of West Virginia

Two fuel-truck citations vacated; separate settlement approved

MSHA cited Arch of West Virginia after the company limited the top speed of two fuel trucks by disabling their high-range gears. The judge considered whether slower travel on surface mine roads created unsafe passing, grade, or braking conditions. He found that the Secretary had not proved the…

April 16, 2001 ·T. Todd Hodgdon ·FMSHRC
Mixed result
ALJ

Richard E. Seiffert Resources

Quarry citations affirmed

Richard E. Seiffert Resources operated the Bailey Quarry in Oregon, where MSHA issued citations after determining that the quarry was subject to the Mine Act. The Judge rejected the operator's jurisdictional arguments, held that stone, rock, gravel, and sand are minerals under the Act, and…

April 16, 2001 ·Richard W. Manning ·FMSHRC
Citations affirmed
COMM

In re Alejandro HERRERA, Respondent

Deportation stayed pending reconsideration of a DWI ruling

The Board considered a respondent's emergency request to stay deportation while it reviewed a motion to reopen and reconsider. The Board had previously held that his Texas conviction for driving while intoxicated was a crime of violence and ordered him removed. After the Fifth Circuit held that the…

April 13, 2001 ·BIA
Procedural
COMM

Four Corners Power Plant

In re Four Corners Power Plant (EAB NPDES Appeal No. 01-06): withdrawal granted after permit modification

Arizona Public Service Company challenged an NPDES permit for the Four Corners Power Plant. The Navajo Nation intervened, and the Board extended the briefing schedule while the parties considered resolution. EPA Region IX later issued a modified permit and fact sheet that the company said…

April 12, 2001 ·EPA EAB
Settled
ALJ

RAG Shoshone Coal Corp.

Dust-sampling citations partly modified

RAG Shoshone Coal operated the Shoshone No. 1 underground mine and contested two citations involving respirable-dust sampling and its ventilation plan. The Judge found that the operator failed to submit valid samples for the designated longwall occupation, affirmed the related citation, and…

April 9, 2001 ·August F. Cetti ·FMSHRC
Modified
COMM

Town of Ashland Wastewater Treatment Facility

In re Town of Ashland Wastewater Treatment Facility (EAB NPDES Appeal No. 00-15): reconsideration denied

The Town of Ashland asked the Environmental Appeals Board to reconsider its order denying review of the Town's NPDES permit challenge. The Town argued that it had been unable to respond fully to EPA Region I's response to comments and that the Board had mischaracterized its arguments about low-flow…

April 9, 2001 ·EPA EAB
Procedural
COMM

Esther Jones v. Aluminum Company of America

Jones v. Aluminum Company of America (BRB 00-696): asbestos causation established, worksite exposure unresolved

Charlie Jones worked at an aluminum plant where he maintained equipment, including conveyors used to unload bauxite from vessels. After he died of lung cancer, his widow Esther sought survivor benefits, arguing that work-related asbestos exposure contributed to his death. The Board held that the…

April 9, 2001 ·BRB
Remanded
ALJ

Performance Site Management

Cave-in citation affirmed after a fatal trench accident, safety-program and training items vacated

Performance Site Management is a site-development contractor that was installing sewer lines for a housing project in Cleves, Ohio. A trackhoe bucket, attached with a quick-coupler hitch, came loose and fell into an excavation, fatally injuring a worker who was inside. After a fatality…

April 9, 2001 ·Nancy J. Spies ·OSHRC
Mixed result

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.