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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H.E.L.P.E.R., Inc.
In re H.E.L.P.E.R., Inc. (EAB EPCRA Appeal No. 98-3): complaint dismissal affirmed
H.E.L.P.E.R. operated an electrical-equipment reclamation and recycling facility in South Dakota and processed transformer and mineral oils that could contain PCBs. EPA alleged that the company failed to timely submit a material safety data sheet and hazardous chemical inventory form under EPCRA…
Atlantic Richfield Company (Alsco Anaconda Superfund Site)
In re Atlantic Richfield Company (Alsco Anaconda Superfund Site) (EAB CERCLA 106(b) Petition No. 96-1): reimbursement petition denied
Atlantic Richfield Company sought reimbursement for costs it incurred while excavating and removing hazardous sludge and contaminated soil at the Alsco Anaconda Superfund Site in Ohio. EPA had ordered the cleanup under CERCLA section 106(a), using a remedy that Atlantic Richfield had supported, but…
Olympia Drywall Company, and its successors
Debris citation vacated for no employee exposure
Scrap lumber with protruding nails and other debris existed at Olympia Drywall's multi-employer construction site and presented tripping and puncture hazards. OSHA relied on employee statements to argue that Olympia workers entered the affected areas to reach restrooms or a food truck. Judge Robert…
The Pike Company, Inc.
Edge, scaffold, and ground-fault items affirmed
At a prison construction project, Pike employees worked near a 13-foot unguarded edge, and another employee poured concrete from an unguarded outrigger scaffold about 20 feet high without a proper access ladder. Judge Ann Z. Cook rejected infeasibility because the edge work did not require removal…
Lanzo Construction Co., Inc.
Ladder and cave-in items affirmed, repeat classification rejected
Lanzo employees worked in an unprotected 12-foot excavation and used a ladder perched on unstable, sloping soil. The ladder was not missing a rung as first alleged, but its extension-ladder design left nonuniform spacing that created a misstep hazard. Judge Ken S. Welsch affirmed the two ladder…
Nolichuckey Sand Company
Six conveyor citations affirmed
Nolichuckey Sand Company operated a sand and gravel operation where miners used catwalks beside conveyor belts for inspections. Judge Avram Weisberger found that the catwalks were travelways and that the conveyors therefore fell within 30 C.F.R. § 56.14109(a). He rejected the company's arguments…
Eslich Wrecking Company
Lead items affirmed, eye and asbestos items vacated
Eslich performed labor and light demolition during renovation of the Cleveland Public Library, including demolition of walls coated with lead paint. Judge Stephen J. Simko, Jr. affirmed the grouped serious lead items because Eslich conducted no initial exposure assessment and did not provide the…
Consolidation Coal Company
Discrimination settlement approved
Consolidation Coal Company faced a discrimination proceeding brought on behalf of Richard E. Glover and Leon Kehrer, along with a civil penalty petition. Judge Gary Melick approved the parties' settlement, which required a $5,000 civil penalty and an agreed posting at the mine. The judge ordered…
Consolidation Coal Company
Discrimination settlement approved
Consolidation Coal Company faced a discrimination proceeding brought on behalf of Kenneth Hannah, Phillip J. Payne, and Floyd Mezo, along with a civil penalty petition. Judge Gary Melick approved a settlement requiring back pay and interest, expungement of references to the incident from personnel…
Reading Anthracite Company
Discrimination claim dismissed
William Kaczmarczyk alleged that Reading Anthracite Company discriminated against him after he reported health and safety problems and applied for haul truck and water truck positions. The Commission agreed with the ALJ that Reading had shown legitimate business reasons for not awarding the haul…
Arapahoe County Weed District
In re Arapahoe County Weed District (EAB FIFRA Appeal No. 98-3): restricted-use pesticide penalty affirmed
Arapahoe County Weed District sold restricted-use pesticides to local farmers in Colorado. EPA found that the district sold Tordon 22K to an applicator whose certification had expired, and the presiding officer assessed a $2,400 civil penalty. The Environmental Appeals Board held that the seller's…
Orion Electric, Inc.
Energized-circuit violation affirmed
Two Orion journeyman electricians installed dimmer switches on an energized low-voltage circuit during restaurant renovation work, and one employee died from electrocution. Judge Ken S. Welsch held that the electrical-protection standard contains no low-voltage exception and that experience working…
CRS Emergency Vehicles, Inc.
Saw-guard items affirmed, restart item vacated
CRS manufactured and upfitted security and safety vehicles at a plant on Osage tribal land in Oklahoma. Judge Stephen J. Simko, Jr. held that the Occupational Safety and Health Act applied because CRS was not tribally owned, sold products worldwide, and was engaged in commercial rather than purely…
Harvey Trucking
Reopening request remanded for Rule 60(b) review
Harvey Trucking asked the Commission to reopen a $2,000 penalty assessment after it learned of the final order, saying it had not received the penalty proposals that were sent to its address and returned to the sender. The Commission held that it could reopen an uncontested assessment in…
In re Rafael ESPINOZA-Gonzalez, Respondent
Misprision of a felony is not an aggravated felony for obstruction of justice
The Board reviewed the government's appeal after an Immigration Judge terminated removal proceedings against Rafael Espinoza-Gonzalez, a lawful permanent resident of Mexico. The Board held that a conviction for misprision of a felony under 18 U.S.C. § 4 is not an aggravated felony relating to…
Sproule Construction Company, Incorporated
Default order vacated and case assigned
Sproule Construction failed to respond to a show-cause order after it mistakenly believed that communications with MSHA had resolved the matter. Judge Paul Merlin found adequate cause for the failure, noting that the operator had appeared without counsel and was unfamiliar with Commission…
In re R-S-J-, Respondent
Sworn false statements to an asylum officer can be false testimony
The Board reviewed an appeal involving a respondent's admitted false statements during an asylum interview and the denial of applications for suspension of deportation and voluntary departure. It held that false oral statements made under oath to an asylum officer can qualify as false testimony…
In re Mario Salvador RUIZ-MASSIEU, Respondent
Secretary of State determination established deportability
The Board reviewed the government's appeal after an Immigration Judge terminated deportation proceedings against Mario Ruiz-Massieu, a former Deputy Attorney General of Mexico. The Board held that a facially reasonable and bona fide determination by the Secretary of State that an alien's presence…
Bowen Industries Incorporated
Citation amended and penalty reduced to $188
Bowen Industries agreed to settle a citation issued after an employee used inadequate scaffolding while installing an iron beam at the Ivanhoe Concentrator. Judge Paul Merlin approved the settlement, amended the cited standard from the scaffolding-construction standard to the safe-access standard…
Consolidation Coal Company
Roof-support order modified with $2,000 penalty
Consolidation Coal operated the Robinson Run No. 95 underground coal mine in West Virginia. Judge Jacqueline R. Bulluck found that the mine lacked a readily accessible supply of supplementary roof-support materials within four crosscuts of the 12-D working section, in violation of 30 C.F.R. §…
Leroy Ricks, Sr. v. Temporary Employment Services, Incorporated and Trinity Marine Group, Incorporated
Ricks v. Temporary Employment Services (BRB 98-1227): insurer remained liable under indemnity agreements
Leroy Ricks was supplied by Temporary Employment Services to work at Trinity Marine’s shipyard, where he was injured in a fall. The staffing company’s insurer paid benefits and then sought reimbursement from Trinity as the borrowing employer. The Board affirmed the administrative law judge’s…
In re Eloy ARGUELLES-Campos, Respondent
Voluntary departure rules after removal proceedings begin
The Board reviewed the denial of voluntary departure to Eloy Arguelles-Campos, a Mexican national who had repeatedly departed the United States and reentered without inspection. It explained that the newer removal-proceedings statute has two forms of voluntary departure, with fewer statutory…
L & T Fabrication & Construction, Incorporated
EAJA fee application denied
L & T Fabrication sought attorney fees and expenses under the Equal Access to Justice Act after an ALJ assessed a $20,000 penalty for a serious safety violation, compared with MSHA's proposed $40,000 penalty. Judge T. Todd Hodgdon found that the company qualified as a party eligible to seek fees…
John Selak v. Wyoming Pocahontas Land Company
Selak v. Wyoming Pocahontas Land (BRB 97-0976): Existing black lung award left in place
John Selak had an existing black lung benefit award. Wyoming Pocahontas Land asked to modify it, arguing that his work at an assisted living institution showed he could work despite earlier evidence of blackouts. The company also wanted the Department of Labor to order another medical examination…
In re UNITED AIRLINES FLIGHT UA802
Parole did not eliminate a carrier's fine liability
The Board reviewed a $3,000 administrative fine imposed on United Airlines after it transported a Mongolian passenger to the United States without a required visa. The passenger was paroled into the country, but the Service did not grant a waiver of the documentary requirements. The Board held that…
Shane Porter, employed by Roaring Fork Aggregates, Inc.
Penalty assessment reopened after counsel's filing mistake
Shane Porter, an employee of Roaring Fork Aggregates, sought to reopen a Mine Act penalty assessment that had become final after he missed the deadline to contest it. His counsel said that an MSHA representative gave an incorrect date for when Porter received the proposed assessment, causing the…
John Martin, employed by Roaring Fork Aggregates, Inc.
Penalty assessment reopened under Rule 60(b)
John Martin asked the Commission to reopen a section 110(c) penalty assessment that had become final after his hearing request was filed late. Martin’s counsel said he relied on an erroneous statement from MSHA about when Martin received the proposed assessment. The Commission found that Martin…
Newmont Gold Company
Appeals dismissed under settlement
The Secretary appealed ALJ decisions that vacated citations issued to Newmont Gold Company and dismissed the related contest and civil penalty proceedings. The parties later reached a settlement under which the Secretary withdrew the appeals, Newmont agreed to the motion, and each party bore its…
Newmont Gold Company
Appeal dismissed under settlement
Newmont Gold Company appealed an ALJ decision that affirmed citations and orders and assessed $1,800 in civil penalties. The parties later reached a settlement under which Newmont withdrew its appeal, the Secretary agreed to the dismissal, and each party bore its own costs and fees. The Commission…
Yannuzzi, Inc.
Late notice of contest dismissed
OSHA issued Yannuzzi a serious citation after a May 1998 inspection, and the company received it on June 4, 1998. Its 15-working-day contest period expired on June 25, but its first written response was sent in August and its request for a late notice of contest did not reach the Commission until…
Bear Ridge Mining, Inc.
Roof-control citation vacated after fatal rock fall
Bear Ridge Mining was cited after section foreman Michael Bandy was killed by a roof fall in the No. 6 entry of the mine. The Secretary alleged that Bear Ridge violated 30 C.F.R. § 75.202(a) by removing three wood cribs without providing other roof control and sought a $40,000 civil penalty. The…
In re Samuel JOSEPH, Respondent
Bond jurisdiction for a lawful permanent resident
The Board reviewed the government's bond appeal involving Samuel Joseph, a lawful permanent resident of Haiti who was charged as an aggravated felon and released by an Immigration Judge. It held that a permanent resident is not properly included in a mandatory-detention category when the record…
In re Jose Cornelio PONCE-HERNANDEZ, Respondent
Form I-213 can establish a minor respondent's deportability
The Board reviewed an in absentia deportation case involving Jose Ponce-Hernandez, who was 15 years old when the government prepared a Record of Deportable Alien, Form I-213. The Board held that the unchallenged form was admissible and sufficiently reliable to establish his identity and alienage…
National Association of Government Employees, Local R3-76 and U.S. Department of Defense, Defense Logistics Agency, Defense Automated Printing Service, Philadelphia, Pennsylvania
NAGE Local R3-76 and Defense Automated Printing Service (FLRA 0-NG-2442): staffing-pattern proposal is negotiable only at agency election
The union proposed detailed numbers, titles, and grades of positions during the printing service’s restructuring of its Philadelphia operations. The majority held that the proposal established a staffing pattern rather than requiring reclassification of existing positions. It nevertheless…
American Federation of Government Employees, Local 987 and U.S. Department of the Air Force, Robins Air Force Base, Georgia
AFGE Local 987 and Robins Air Force Base (FLRA 0-AR-3170): union’s arbitration exceptions denied
The union challenged an arbitration award involving Robins Air Force Base. The Authority found no basis to set the award aside under section 7122(a). It cited the standards for claims that an arbitrator exceeded his authority or issued an award contrary to law. The short release does not describe…
Social Security Administration, New York Region I and American Federation of Government Employees, Local 3369
SSA New York Region I and AFGE Local 3369 (FLRA 0-AR-3161): agency’s arbitration challenges rejected
The Social Security Administration challenged an arbitration award involving its New York Region I and AFGE Local 3369. The Authority concluded that the agency had not established a deficient award under section 7122(a). It cited standards governing arbitral authority, conflicts with law, factual…
General Services Administration and American Federation of Government Employees, Local 2431
GSA and AFGE Local 2431 (FLRA 0-AR-3093): performance-award reduction backpay upheld
GSA halved performance-award percentages after ten years of awarding two percent of basic salary for outstanding ratings and one percent for highly successful ratings. The arbitrator found that management’s authority to set awards remained subject to contract provisions governing past practice…
Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, Council 220
SSA and AFGE Council 220 (FLRA 0-AR-3086): confiscated union survey responses must be returned
The Social Security Administration confiscated union survey responses about field offices sharing buildings with law-enforcement agencies. An arbitrator found an unfair labor practice and ordered return of the responses and a 60-day notice posting. The Authority upheld that result because the…
American Federation of Government Employees, Local 703 and U.S. Department of the Army, Armament and Chemical Acquisition and Logistics Activity, Rock Island, Illinois
AFGE Local 703 and Army Rock Island (FLRA 0-AR-3060): accommodation claim’s procedural dismissal upheld
An Army employee’s grievance included allegations about a medical condition, but the arbitrator found that a reasonable-accommodation claim had not been sufficiently raised at the outset. He declined to decide that claim’s merits. The union argued that his approach improperly shifted the…
U.S. Department of the Navy, Navy Public Works Center, Pearl Harbor, Hawaii and International Association of Machinists and Aerospace Workers, Hawai Federal Lodge 1998
Navy Public Works Center Pearl Harbor and IAM Lodge 1998 (FLRA 0-AR-3005): pre-shift ferry overtime upheld
Wharfbuilders assigned to Ford Island were directed to take a ferry before their paid shifts began. The arbitrator found a longstanding practice of transporting employees from the compound to their work sites on duty time. He awarded 30 minutes of daily overtime for the earlier schedule and 15…
Secretary of Labor on behalf of Rodney E. Stephens v. Cyprus Plateau Mining Corp.
Temporary reinstatement ordered
The Secretary sought temporary reinstatement for Rodney E. Stephens after Cyprus Plateau Mining reassigned him from mine examiner to crib crew and later discharged him. Stephens said the company acted because he reported concerns about mine ventilation, rock dusting, and standing water, while the…
Jett Black, Inc., Syd H. Levine & Associates, and Syd H. Levine
In re Jett Black, Inc., Syd H. Levine & Associates, and Syd H. Levine (EAB UIC Appeal Nos. 98-3 and 98-5): permit conditions partly remanded
Jett Black operated oil and gas leases in Kentucky with Class II injection wells used for enhanced recovery. EPA Region IV issued two UIC permits, and Jett Black, its consultant, and Syd Levine challenged twenty-one aspects of the permits, including permit conditions, reporting…
AES Puerto Rico L.P.
In re AES Puerto Rico L.P. (EAB PSD Appeal Nos. 98-29, 98-30, and 98-31): review of coal-plant permit denied
AES Puerto Rico sought to build a 454-megawatt coal-fired power plant in Guayama, Puerto Rico, under a PSD permit issued by EPA Region II. Three petitions challenged the permit's sulfur-dioxide controls and modeling, fine-particulate-matter data and limits, and environmental-justice analysis. The…
Best Structures, Inc.
Late notice of contest dismissed
Best Structures received an OSHA citation on July 27, 1998, and its 15-working-day contest period ended on August 17. The company did not file a notice of contest until January 10, 1999, explaining that business demands and a lack of administrative help had delayed its response. Chief Judge Irving…
Association of Civilian Technicians, Granite State Chapter and U.S. Department of Defense, National Guard Bureau, New Hampshire Air National Guard, Concord, New Hampshire
ACT Granite State Chapter and New Hampshire Air National Guard (FLRA 0-NG-2347): involuntary-overtime equity proposal negotiable
The union proposed limiting civilian technicians’ annual involuntary overtime relative to available, similarly qualified personnel outside the unit. It also proposed records of assignments and correction of unavoidable imbalances in the following year. The Authority held that the proposal addressed…
National Gallery of Art and American Federation of Government Employees, Local 1831
National Gallery of Art and AFGE Local 1831 (FLRA 0-AR-3133): conditional abeyance of suspension upheld
An arbitrator found just cause for a National Gallery of Art employee’s five-day suspension but held the discipline in abeyance for one year. The suspension could be enforced for a further offense under a different supervisor; otherwise, the offense and its record would be expunged. The Authority…
American Federation of Government Employees, Local 2612 and U.S. Department of the Air Force, Rome Laboratory (AFMC), Rome, New York
AFGE Local 2612 and Air Force Rome Laboratory (FLRA 0-AR-3082): 14-day suspension upheld
An employee and union vice-president received a 14-day suspension for inappropriate and intimidating remarks to a supervisor. The arbitrator denied the grievance, finding that the employee was not acting as a union representative during the conversation. The Authority upheld the arbitrator’s…
Association of Civilian Technicians and U.S. Department of Defense, Missouri National Guard, St. Louis, Missouri
ACT and Missouri National Guard (FLRA 0-AR-3077): duty-assignment award did not decide statutory bargaining claim
The union challenged assignments of additional duties to civilian technicians under the collective bargaining agreement. It had also filed a separate unfair-labor-practice charge, which was later settled. The arbitrator found that the duties were included in the employees’ position descriptions and…
In re Jorge LUIS-Rodriguez, Respondent
Espionage knowledge supported deportability
The Board reviewed the Service's appeal from an Immigration Judge's termination of deportation proceedings against Jorge Luis-Rodriguez, a Cuban national and admitted agent handler for the Cuban Intelligence Service. The majority held that a conviction was not required under the charged…
Michael Firth v. Newport News Shipbuilding and Dry Dock Company
Firth v. Newport News Shipbuilding (BRB 98-1172): late Special Fund request barred
Michael Firth received disability benefits for a shipyard injury, and his employer later sought to shift continuing liability to the Special Fund. The district director had scheduled a conference on permanent disability, but the employer asked to send the case directly to an administrative law…
Bast Hatfield, Inc.
Scaffold and ladder items affirmed
Bast Hatfield employees performed masonry work from scaffolds at a church construction project in New York. Judge Robert A. Yetman denied Bast's Fourth Amendment challenge because the OSHA inspector observed the work from a parking area that remained open to church visitors and the public. He…
In re H-A-, Respondent
Motion to reconsider did not alter the Arthur rule
The Board considered a motion to reconsider its denial of a motion to reopen deportation proceedings so that a Sudanese respondent could pursue adjustment of status based on a later-approved immediate-relative visa petition. The majority held that Matter of Arthur, which generally requires an…
Jiffy Builders, Inc.
In re Jiffy Builders, Inc. (EAB CAA Appeal No. 98-2): asbestos enforcement default affirmed
Jiffy Builders removed debris from a partially collapsed building in Missouri, and asbestos-containing material was later found at the disposal site. EPA alleged that Jiffy's work was a regulated demolition activity and that the company failed to inspect for asbestos and provide the required…
Centex Construction Company, Inc.
Citation vacated after withdrawal
The Secretary withdrew a citation alleging that Centex, the general contractor on a medical-center project, failed to maintain temporary flooring beneath steel-erection work. The appended ALJ decision had affirmed the serious citation under the multi-employer worksite doctrine and assessed $500…
Getchell Gold Corporation
Compressed-air coupling order vacated
Getchell Gold contested an order of withdrawal issued after a fatal compressed-air accident at its Turquoise Ridge Mine, where one miner was killed and another seriously injured while workers adjusted an energized air-line coupling. MSHA alleged that a combination nipple used in the compressed-air…
In re Rafael ULLOA, Respondent
Waiver advice required in public-charge case
The Board reviewed Rafael Ulloa's appeal from an Immigration Judge's finding that he was deportable and denial of his application for adjustment of status. The Immigration Judge had found that Ulloa, a Dominican national and lawful permanent resident, was likely to become a public charge, making…
In re Ana Delores GUZMAN-Arguera, Respondent
In absentia order required a motion to reopen
The Board considered Ana Delores Guzman-Arguera's appeal from an in absentia removal order issued after she failed to appear for a scheduled hearing. The Board held that it lacked jurisdiction over a direct appeal because the statute requires a person challenging an in absentia order to first file…
In re Florencio ALVARADO-ALVINO, Respondent
Illegal-entry conviction was not an aggravated felony
The Board reviewed Florencio Alvarado-Alvino's appeal from an Immigration Judge's decision finding him removable and ineligible for cancellation of removal. The Board held that his misdemeanor conviction for aiding and abetting illegal entry under 8 U.S.C. § 1325(a) was not an aggravated felony…
Knock's Building Supplies
Reopening request denied for lack of good cause
Knock's Building Supplies asked the Commission to reopen a decision issued by Administrative Law Judge T. Todd Hodgdon and demanded a jury trial, alleging procedural error. The company had already had an opportunity to defend the case before the Judge but did not explain why it failed to file a…
Windward Roofing & Construction, Inc.
Late notice of contest dismissed
Windward received copies of a serious OSHA citation in July 1998, making August 5 the final day to file a notice of contest. Both copies were placed on the desk of the accounting manager responsible for OSHA matters, who went on vacation and then resigned without returning. The company did not…
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.