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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Reliable Roofing, Inc.
Settlement approved on five construction-safety items
Reliable Roofing contested a serious citation issued after OSHA inspected one of its construction worksites. The citation alleged five electrical, ladder, and training violations, and the case was assigned to the Commission's E-Z Trial procedure. The parties reached a written settlement just before…
Eagle Food Centers, Inc.
Forklift-horn citation vacated because the Secretary did not prove vision was obstructed
Eagle Food Centers ran a large food distribution warehouse in Milan, Illinois. In January 1998 a pallet jack operator was struck and killed by a highlift when the two vehicles met at an automatic plastic door between the freezer department and the loading dock. OSHA cited Eagle under the…
Virginia Slate Company
Guarding and access violations modified with $4,400 penalty
Virginia Slate operated an open-pit slate operation where an MSHA inspector identified unguarded machinery, unsafe access, missing berms, missing impeding devices, defective horns, and other equipment and workplace conditions. Judge Avram Weisberger found violations of several mandatory safety…
RockGen Energy Center
In re RockGen Energy Center (EAB PSD Appeal No. 99-75): review denied
Responsible Use of Rural and Agricultural Land petitioned the Environmental Appeals Board to review a revised prevention of significant deterioration permit for the RockGen Energy Center, an electric power generating facility in Wisconsin. The petitioner argued that the state permitting agency had…
Cyprus Emerald Resources Corporation
S&S designation deleted and penalty remanded
Cyprus Emerald was cited for failing to investigate a mine accident as required by 30 C.F.R. § 50.11(b). The Commission had previously treated the violation as significant and substantial, but the D.C. Circuit held that an S&S finding is available only for a violation of a mandatory health and…
U.S. Department of Health and Human Services, Denver, Colorado (Agency) and National Treasury Employees Union, Chapter 235 (Union)
HHS Denver and NTEU Chapter 235 (FLRA 0-AR-3215): temporary promotion and restoration upheld
An HHS administrative officer performed the established duties of a higher-graded computer specialist position without the temporary promotion required by the parties’ agreement. An arbitrator awarded a GS-11 temporary promotion and found that the agency later removed the employee from the work in…
Quinn & Kwolek, Inc.
Citation affirmed after the employer ignored discovery orders
Quinn & Kwolek did not answer the Secretary's interrogatories, document requests, or requests for admission by the required deadline. It then failed to comply with Judge G. Marvin Bober's order compelling discovery and offered no explanation. Finding a pattern of disregard for the proceeding, the…
Juan Arjona v. Interport Maintenance Company, Incorporated and Hartford Accident and Indemnity Company
Arjona v. Interport Maintenance (BRB 99-0573): container repair site outside Longshore Act
Container repairman Juan Arjona injured his hand while working at Interport Maintenance's yard near Port Newark. Earlier in the case, the Board had found his repair work to be maritime employment but sent the claim back for closer review of whether the yard itself was a covered site. The judge…
In the matter of: Connie Prater
Counsel withdrawal granted and show-cause order issued
This disciplinary proceeding concerned Connie Prater’s participation in a matter before the Commission. Her counsel asked to withdraw after reporting that Prater was seriously ill and would not make further appearances. The judge granted the withdrawal, directed that future documents be served…
Bryce Dolan v. F & E Erection Company
Discrimination finding vacated and remanded
Bryce Dolan was an iron worker who removed lead-based paint at an alumina smelter and complained that F & E Erection Company did not provide adequate protective equipment. An ALJ found that Dolan’s work refusal was protected and later awarded back pay, attorney’s fees, and expenses, while excluding…
Department of the Army, U.S. Army Aviation Missile Command (AMCOM), Redstone Arsenal, Alabama (Activity) and American Federation of Government Employees, Local 1858, AFL-CIO (Petitioner-Intervenor/Labor Organization) and National Federation of Federal Employees, Local 405 (Petitioner-Intervenor/Labor Organization)
Army Aviation Missile Command (FLRA AT-RP-80005, AT-RP-80007): predominant union represents merged units without election
The Army combined two commands into a new Aviation Missile Command, bringing together employees represented by AFGE and NFFE. The Authority found that the new command was a successor employer because its combined mission and employees’ work remained substantially similar to the predecessors’…
American Federation of Government Employees, Local 48 (Union) and U.S. Department of Interior, Bureau of Indian Affairs, Olympic Peninsula Agency, Aberdeen, Washington (Agency)
AFGE Local 48 (FLRA 0-NG-2480): general bargaining demand cannot support a negotiability appeal
AFGE Local 48 sought bargaining after the Bureau of Indian Affairs gave an employee new instructions for handling correspondence. The union filed a negotiability appeal after the agency called the changes nonnegotiable. The Authority dismissed the appeal without prejudice because a general request…
Patent Office Professional Association (Union) and U.S. Department of Commerce, Patent and Trademark Office, Washington, D.C. (Agency)
Patent Office Professional Association (FLRA 0-NG-2161 / 0-NG-2163): bargaining required over 32 computer-system proposals
The Patent Office Professional Association proposed 78 safeguards for patent examiners using a new computerized search and image-retrieval system. The Authority ordered bargaining over 32 proposals, including separately recording assigned work time, certain allowances for reporting problems, system…
Professional Airways Systems Specialists (Union) and U.S. Department of Transportation, Federal Aviation Administration, Northwest Mountain Region, Auburn, Washington (Agency)
PASS and FAA Northwest Mountain Region (FLRA 0-AR-3237): mandatory-lunch memorandum did not change a binding practice
The union grieved an FAA memorandum requiring lunch periods, arguing that it changed a past practice and triggered contractual notice and bargaining duties. The arbitrator found that working without a lunch period was not widespread enough to establish a binding practice under the agreement. The…
U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Depot, Red River, Texarkana, Texas (Agency) and National Association of Government Employees, Local R14-52 (Union)
Defense Distribution Depot Red River (FLRA 0-AR-3192): clarify restrictions on expanding random drug testing
The Defense Logistics Agency added positions to its random drug-testing program at the Red River depot in Texarkana, Texas. An arbitrator ordered the agency to rescind the additions because the negotiated agreement allowed expansion through federal court decisions, negotiations, or agreement. The…
American Federation of Government Employees, Local 2635 (Union) and U.S. Department of the Navy, Naval Computer Telecommunications Station, Cutler, Maine (Agency)
Navy Cutler and AFGE Local 2635 (FLRA 0-AR-3126): limited asbestos differential award upheld
The union sought environmental differential pay for 56 current and former employees at a Navy facility in Cutler, Maine. An arbitrator excluded several categories of claimants and awarded pay to 14 employees whose documented asbestos exposure exceeded the threshold he applied. The Authority denied…
U.S. Department of Defense, Education Activity, Arlington, Virginia (Agency) and Federal Education Association (Union)
DoD Education Activity (FLRA 0-AR-3095): summer airfare reimbursement award set aside
An arbitrator ordered the Defense Department to reimburse overseas school employees for the difference between commercial and government airfare rates for summer trips home when they were not eligible for renewal-agreement travel. A contract provision imposed by the Federal Service Impasses Panel…
U.S. Department of the Interior, Washington, D.C. and U.S. Geological Survey, Reston, Virginia (Respondents) and National Federation of Federal Employees, Local 1309 (Charging Party/Union)
U.S. Geological Survey (FLRA WA-CA-30451): refusal to bargain over midterm-bargaining clause unlawful
After a Supreme Court remand, the Authority reconsidered whether federal agencies must bargain over union proposals during an existing contract’s term. It held that agencies must bargain over negotiable proposals concerning matters not contained in or covered by the agreement, unless the union has…
Northern Illinois Steel Supply
Safety-belt violation affirmed with penalty reduced to $50
Northern Illinois Steel Supply delivered steel to a limestone quarry, where its driver stood on the load without a safety belt or line while unloading. The judge found that NIS was an independent contractor covered by the Mine Act and that the condition violated 30 C.F.R. § 56.15005, was…
Lodestar Energy, Inc.
Two weekly-examination orders modified, $205 penalty assessed
Lodestar Energy operated the Wheatcroft underground coal mine, where inspectors found an uncorrected sagging-roof condition and missing weekly-examination records for mine airways. Judge T. Todd Hodgdon found both conditions violated the cited Mine Act standards, but ruled that the Secretary had…
The Coteau Properties Co.
Late discrimination complaint given a chance to show cause
Royal Sargent alleged that The Coteau Properties Co. suspended him, transferred him, restricted his job availability, and placed him on probation after he raised safety issues. His initial discrimination complaint to MSHA was filed 49 days beyond the statutory 60-day period. Judge Michael E…
Quad Manufacturing Corp.
Failure-to-abate case settled for $6,000 over 24 months
Quad Manufacturing operated a Wisconsin machine shop where an OSHA follow-up inspection found chain slings without readable identification, missing sling-inspection records, and improperly labeled chemical containers. The proposed failure-to-abate penalties totaled $60,000, while Quad still owed…
New Age International
Scaffold violations affirmed with reduced penalties totaling $825
New Age International performed masonry and stucco work at a San Antonio U-Haul project where two workers used an incompletely planked rolling scaffold without proper access or full guardrails. New Age argued that the workers belonged to an independent subcontractor, but Judge Stanley M. Schwartz…
Montana Power Company
Roof-edge violation affirmed with penalty reduced to $1,000
Montana Power was upgrading electrical service at a Missoula motel when an employee worked on the roof about 22 feet above the ground without a lanyard, guardrail, or safety net. The company argued that working from its aerial-lift basket was infeasible because the motel's weather heads faced…
National Association of Government Employees, Local R4-45 (Union) and U.S. Department of Defense, Defense Commissary Agency, Fort Lee, Virginia (Agency)
NAGE Local R4-45 (FLRA 0-AR-3260): procedural-arbitrability objections rejected
NAGE Local R4-45 challenged an arbitration award involving the Defense Commissary Agency at Fort Lee, Virginia. Although the union described its objections as failures to follow the collective bargaining agreement, both attacked the arbitrator’s findings about procedural arbitrability. The…
V-1 Oil Company
In re V-1 Oil Company (EAB RCRA (9006) Appeal No. 99-1): underground storage tank penalty affirmed
V-1 Oil Company temporarily closed two underground storage tanks at its facility in Twin Falls, Idaho, but did not permanently close them within the required period. V-1 argued that filling the tanks with water changed their service and that an EPA guidance booklet excused compliance with the…
In re Nai Meng SAELEE, Respondent
Continued detention sustained after post-final-order custody review
The Board reviewed an appeal from a district director's decision to continue detaining Nai Meng Saelee after a final deportation order. The Board held that it had jurisdiction over the custody appeal and that the respondent could be eligible for release under section 241(a)(6) of the Immigration…
Jerry Hudgeons, employed by Ash Grove Cement Company
Late penalty petitions accepted
The Secretary sought individual penalties against Jerry Hudgeons and Fred Walker for alleged Mine Act violations at Ash Grove Cement Company’s Foreman Quarry and Plant. The Secretary filed the penalty petitions three and five days late after the files were misplaced during assignment in the…
Hal R. McCaskie v. Aalborg Ciserv Norfolk, Incorporated and The Zenith Insurance Company
McCaskie v. Aalborg Ciserv Norfolk (BRB 99-0547): ship repairer's total disability made permanent
Boilermaker and welder Hal McCaskie injured his knee and foot while repairing a ship's boiler during a voyage. His employer argued that working aboard the ship made him a crew member excluded from Longshore Act coverage. The Board held that his employment remained land based and that he had no…
American Federation of Government Employees, Local 1867 (Union) and U.S. Department of the Air Force, United States Air Force Academy, U.S. Air Force Academy, Colorado (Agency)
AFGE Local 1867 (FLRA 0-AR-3178): Air Force Academy arbitration objections rejected
AFGE Local 1867 challenged an arbitration award involving the United States Air Force Academy. The Authority rejected objections alleging factual error, an unfair hearing, action beyond the arbitrator’s authority, and arbitrator bias. The union did not establish a defect under the standards…
Northwest Conduit Corp.
Dismissal vacated so the citation can be heard on its merits
Northwest Conduit filed its notice contesting an OSHA citation one day late, but an ALJ granted relief from the resulting final order under Federal Rule of Civil Procedure 60(b). The Secretary initially refused to file a complaint, and the judge dismissed the citation, but the Commission later…
In re: Sandra Carolina MENDOZA-SANDINO et al., Respondents
Service of Orders to Show Cause ended qualifying presence
The Board reviewed the Immigration and Naturalization Service's appeal from an Immigration Judge's grant of suspension of deportation to five Nicaraguan respondents. The respondents had entered the United States in 1986, were served with Orders to Show Cause before completing seven years of…
Centralia Mining Company
Temporary reinstatement denial affirmed
Levi Bussanich claimed that Centralia Mining Company discharged him because he had previously raised mine-safety concerns. An ALJ denied temporary reinstatement after finding no colorable claim that Centralia had discharged him rather than accepting his reported resignation. The Commission majority…
Wolcottville Sand and Gravel Corporation
Discrimination dismissal affirmed
Gilbert V. Ankrom said Wolcottville Sand and Gravel retaliated against him after he reported inadequate berms and other safety concerns. The ALJ found that Ankrom made a prima facie discrimination case, but also found that the company would have laid him off and failed to recall him for economic…
Bowie Resources Limited
Roof-support citation vacated after fatal roof fall
Bowie Resources was cited after a December 1998 roof fall at its underground Bowie No. 2 Mine killed two miners during retreat mining. MSHA alleged that the mine should have added roof support or stopped the final cut because floor heaving, roof cutters, rib sloughage, and earlier mining conditions…
A & K Earth Movers, Inc.
Temporary reinstatement ordered
Curtis Stahl alleged that A & K Earth Movers fired him after he complained about seriously defective brakes on a fuel truck and removed the truck from service. Judge T. Todd Hodgdon found that Stahl’s testimony was not inherently incredible and that the complaint was not frivolous, even though the…
Howard T. Meekins v. Newport News Shipbuilding and Dry Dock Company
Meekins v. Newport News Shipbuilding (BRB 99-0531): general request did not preserve a later disability claim
Shipyard worker Howard Meekins injured his knee and later received disability benefits. Within a year of the last payment, his lawyer requested additional compensation and modification, but identified no particular disability or period and asked the district director not to schedule a conference…
National Federation of Federal Employees, Local 1984 (Union) and U.S. Department of Defense, Defense Contract Management Command, Boeing Helicopters, Philadelphia, Pennsylvania (Agency)
NFFE Local 1984 (FLRA 0-AR-3183): promotion-selection grievance denial upheld
Five quality-assurance specialists challenged their nonselection for a GS-12 position at the Defense Contract Management Command’s Boeing Helicopters operation in Philadelphia. They alleged age and race discrimination and personal favoritism. The arbitrator found that the screening and interview…
U.S. Department of Energy, Western Area Power Administration , Golden, Colorado (Respondent) and American Federation of Government Employees, Local 3824 (Charging Party)
Western Area Power Administration (FLRA DE-CA-80417): restore employees reassigned without bargaining
The Western Area Power Administration reassigned two electrical engineers from Golden, Colorado, without notifying AFGE Local 3824 or bargaining over the effects and procedures. One employee relocated to Phoenix; the other declined a move to Fort Peck, Montana, and took involuntary retirement. The…
American Federation of Government Employees, Local 2031 (Union) and U.S. Department of Veterans Affairs, Medical Center, Cincinnati, Ohio (Agency)
AFGE Local 2031 (FLRA 0-NG-2468): supply-reorganization proposals rejected
AFGE Local 2031 proposed changes to supply functions, employee transfers, training, and position grades at the Cincinnati Veterans Affairs medical center. The Authority dismissed the negotiability petition. For the function, transfer, and training proposals, the union did not dispute the agency’s…
Durbin Coal, Inc.
Motion to dismiss discrimination complaint denied
The Secretary of Labor filed a discrimination complaint for Michael Jenkins and Michael Mahon, alleging that Durbin Coal discharged or constructively discharged them because it suspected they had made or caused a safety complaint to MSHA. Durbin Coal asked the judge to dismiss the complaint or…
O'Brien Concrete Pumping, Inc.
Hopper training and machine-guarding violations affirmed
O'Brien Concrete Pumping operated trucks with rotating auger blades inside concrete hoppers, and one operator was fatally crushed by the blades after a concrete pour. The company had removed bolts securing the heavy hopper grate so operators could raise it while cleaning and repositioning the…
Arch of Illinois
Decision on remand, discrimination complaint dismissed
Gary D. Morgan alleged that Arch of Illinois failed to recall him for a position after he failed a hands-on test on a bolter because of his protected safety activities. The Commission vacated the judge's first decision and remanded the case for fuller consideration of evidence about supervisors'…
Florida Canyon Mining, Incorporated
Motion to stay denied
Florida Canyon Mining contested MSHA letters terminating an agreement that had extended the time to address respirable dust conditions. The parties asked to stay the proceeding while they discussed extensions and a possible settlement. Judge David F. Barbour denied the stay because Judge Paul…
National Mediation Board, (Agency/Petitioner) and American Federation of Government Employees, AFL-CIO (Union)
National Mediation Board (FLRA WA-RP-80049): election for nonprofessional support staff upheld
The National Mediation Board challenged an election order for a proposed unit of nonprofessional support employees represented by AFGE. The Authority granted review to clarify which employees administer labor-relations law, then upheld inclusion of the 17 disputed employees and the election…
Sterling Ventures, LLC
Testimony preservation authorized before a proceeding began
The Secretary of Labor sought permission to depose Placido (Carlos) Lino, an employee of Sterling Ventures, before starting a proceeding because he might leave the country and become unavailable to the Commission's subpoena power. The request concerned a fatal accident at the mine in which a miner…
Eagle Boats, Inc.
Fourth abatement-extension request denied for lack of good faith
Eagle Boats sought a fourth extension of the deadline to correct violations that had become final in 1998 and later produced $66,000 in failure-to-abate penalties. The company repeatedly said a new facility was being built, but at the hearing it offered only photographs of an empty field…
Delta Energy Center
In re Delta Energy Center (EAB PSD Appeal No. 99-76): petition dismissed for lack of standing
Calpine Corporation and Bechtel Enterprises proposed the Delta Energy Center, an 880-megawatt electric generating facility in California. Californians for Renewable Energy challenged provisions of the facility's final prevention of significant deterioration permit. The Board held that the…
Lone Mountain Processing, Inc.
Pillar-recovery citation modified and penalty increased
Lone Mountain Processing operated a large underground coal mine where MSHA cited the company after finding that roadway posts required during pillar recovery were missing or improperly placed. Judge T. Todd Hodgdon found no violation in the No. 2 heading, but found that the No. 3 heading condition…
Holt Company of Texas
Fatality-related citations modified
Holt Company of Texas was cited after mechanic Benny Duncan suffered fatal injuries while working on a Caterpillar 990 loader without securing its raised bucket. Judge Gary Melick found that the failure to secure the bucket violated the mobile-equipment standard and was significant and substantial…
Otis Elevator, Inc.
Elevator-platform fall violation reduced from repeated to serious
Four Otis Elevator employees, including the Montana territory manager, rode an unguarded elevator platform at a hotel project without tying off, exposing them to a fall of as much as 112 feet. Otis had detailed fall-protection rules, training, audits, and progressive discipline, but all four…
Keystone Cement Company
Motion to compel informant identities denied
Keystone Cement asked the judge to require the Secretary to identify which named witnesses had provided particular interview statements to MSHA. The Secretary had disclosed the potential witnesses and produced interview notes, but redacted each interviewee's identity based on the government…
Northwestern Resources Co.
Interlocutory review certification denied
Northwestern Resources asked the judge to certify for interlocutory review a prior ruling that allowed the Secretary to file a civil-penalty petition late. Judge T. Todd Hodgdon applied Commission Rule 76 and found that the ruling did not involve a controlling question of law. The judge explained…
30 River Court East Construction Corp.
Fall citation vacated because OSHA did not identify the worker's employer
OSHA observed a worker near the open perimeter of the 27th floor of a Jersey City high-rise without fall protection and cited the general contractor, 30 River Court East Construction. The compliance officer believed the worker was installing winter-protection plastic, work performed by the…
Accu-Rate Roofing Co.
Four roofing safety items affirmed for a $1,200 penalty
OSHA observed an Accu-Rate Roofing employee shingling a steep roof about 13 feet above the ground without fall protection. The access ladder was not tied off, did not extend three feet above the roof edge, and left the employee without a secure handhold when stepping onto the roof. The employee…
Caribe General Electric Products, Inc.
In re Caribe General Electric Products, Inc. (EAB RCRA Appeal No. 98-3): review denied in part and corrective-action remand
Caribe General Electric Products, Inc. challenged a post-closure RCRA permit for a retired electroplating facility in Puerto Rico. The permit required corrective action at facility units and two off-site areas of concern. The Board upheld the groundwater notification provision, the designation and…
Kathy Darlene Adler (Surviving Child of Bobbie Stobaugh) v. Peabody Coal Company
Adler v. Peabody Coal (BRB 98-1513): Disabled adult child's black lung survivor benefits affirmed
Kathy Darlene Adler sought benefits through the black lung claims of her stepfather, a coal miner, and her mother, his surviving spouse. Peabody Coal argued that an earlier dependency finding barred her claim and that a brief prior marriage ended her eligibility permanently. The Board held that the…
Whitewater Building Materials Corporation
Two S&S designations removed while citations affirmed
Whitewater Building Materials Corporation operated the HM2 Crusher mine, a sand and gravel operation. MSHA charged five violations, including two alleged significant and substantial violations, and proposed a total penalty of $393. The parties agreed to keep the penalty unchanged while removing the…
Rosebud Mining Company
Roof-bolter canopy settlement approved
Rosebud Mining Company contested two citations involving canopies on Long-Airdox roof bolting machines at the Josephine No. 3 low-seam coal mine. MSHA alleged that the canopies did not protect operators from roof or rib falls when they were at the controls, and characterized both conditions as…
Jim Walter Resources, Inc.
Off-site supply shop held to be a mine
Jim Walter Resources operated a Central Supply Shop away from its underground coal mines, stocking and delivering equipment, tools, and supplies used in its mining operations. An ALJ had concluded that the shop was not a mine and dismissed the proceedings after JWR contested citations issued when…
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.