Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

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ALJ

Modern Continental/Obayashi, a Joint Venture

Unguarded slurry-wall excavations supported repeat violation

Modern Continental/Obayashi constructed deep slurry-wall excavations for Boston's Central Artery project. Employees worked close to excavation edges without guardrails or equivalent protection, even though the openings extended as deep as 100 feet. Judge Covette Rooney held that the excavation…

February 8, 1999 ·Covette Rooney ·OSHRC
Mixed result
COMM

Knauf Fiber Glass, GmbH

In re Knauf Fiber Glass, GmbH (EAB PSD Appeal Nos. 98-3 through 98-20): permit partly remanded for BACT and environmental justice review

Knauf Fiber Glass, GmbH planned to construct a fiberglass insulation manufacturing plant in Shasta Lake, California, under a PSD permit issued by the Shasta County Air Quality Management District. Petitioners challenged the permit's best available control technology analysis, air-quality and…

February 4, 1999 ·EPA EAB
Mixed result
COMM

Knauf Fiber Glass, GmbH

In re Knauf Fiber Glass, GmbH (EAB PSD Appeal Nos. 98-3 through 98-20): reconsideration motions partly granted and denied

The Board considered three timely motions for reconsideration of its earlier order concerning Knauf Fiber Glass's PSD permit. Deborah Lynn Fisher's motion was denied because it did not identify a factual or legal error. Knauf's motion was denied, so the remand requiring additional BACT analysis for…

February 4, 1999 ·EPA EAB
Mixed result
ALJ

Material Service Corp.

Two citations vacated, one $30,000 penalty affirmed

Material Service operated the Algonquin Sand and Gravel mine, where a haul truck struck two customer truck drivers, killing one and seriously injuring the other. MSHA cited the company for moving the accident vehicle before the investigation was complete, failing to post warnings about hazardous…

February 4, 1999 ·T. Todd Hodgdon ·FMSHRC
Mixed result
ALJ

T.L.T. Construction Co., Inc.

Open-edge and willful scaffold violations affirmed

T.L.T. Construction was the general contractor on a school gymnasium project where employees worked near an unguarded floor edge and on tall scaffolds. Judge Richard DeBenedetto found that the open-sided floor exposed employees to falls of six to nine feet. He also found that employees climbed…

February 4, 1999 ·Richard DeBenedetto ·OSHRC
Citations affirmed
COMM

South Florida Water Management District

In re South Florida Water Management District (EAB NPDES Appeal Nos. 95-1 through 95-4): petition dismissed as moot

South Florida Water Management District sought review in an NPDES permit proceeding involving Permit No. FL0043885. After the Board ordered the District to show cause why its petition should not be dismissed as moot, the District agreed that the issues were moot and withdrew its petition. The Board…

February 3, 1999 ·EPA EAB
Procedural
COMM

Easthaven Masonry, Inc.

Denial of E-Z Trial procedure reversed

Easthaven Masonry requested the Commission's simplified E-Z Trial procedure for a scaffold case. The Secretary objected only that some discovery might be needed, and the Chief Administrative Law Judge denied the request. The Commission held that the stated need for discovery was not enough on the…

February 3, 1999 ·OSHRC
Remanded
COMM

In re Filiberto Ruiz-Romero

Transporting an illegal alien treated as an aggravated felony

The Board reviewed the deportation order for a lawful permanent resident who had been convicted in federal court of transporting an unlawfully present alien within the United States. The main question was whether that conviction qualified as an aggravated felony under the Immigration and…

February 1, 1999 ·BIA
Affirmed
ALJ

Plumb Square & Lovell, and its successors

Roof-edge violation affirmed but electrical and skylight items vacated

Plumb Square & Lovell employees framed a roof about 15 feet above the ground without fall protection. Judge Stanley M. Schwartz affirmed that serious violation even though the contractor mistakenly believed California's 15-foot rule governed the federal worksite. He reduced the penalty to $150…

February 1, 1999 ·Stanley M. Schwartz ·OSHRC
Mixed result
ALJ

Norm's Utility Contractors, and its successors

Repeat trench-protection and access violations affirmed

Norm's Utility Contractors used trench boxes in a wet excavation about ten feet deep, but several feet of nearly vertical, sloughing soil remained above the boxes. Employees worked from the top of a box below the trench edge and lacked a safe ladder or ramp after earlier ramp access was removed…

February 1, 1999 ·Benjamin R. Loye ·OSHRC
Mixed result
COMM

All American Asphalt

Discriminatory layoffs found, penalties remanded

All American Asphalt operated an asphalt plant and aggregate facilities where employees reported missing safety equipment and gave an inspection videotape to MSHA. The Commission held that the company's failure to recall four miners after a 1992 layoff violated section 105(c) of the Mine Act, and…

January 29, 1999 ·FMSHRC
Mixed result
COMM

Navajo Area Indian Health Service, Winslow Service Unit, Winslow, Arizona and Navajo Nation Health Care Employees, Local 1376, Liuna, AFL-CIO

Indian Health Service Winslow (FLRA DE-CA-60331): restore employee screenings

The Winslow Indian Health Service unit stopped providing certain preventive health services to non-Native American employees without notifying or bargaining with their union. The Authority held that federal employee health law permitted the screenings and that Indian Health Service statutes did not…

January 29, 1999 ·FLRA
Upheld
ALJ

Sweetman Construction Co.

Five citations affirmed with $357 penalty

Sweetman Construction operated the Summit Pit, a sand and gravel mine inspected by MSHA in October 1997. The Secretary alleged five violations involving defective truck headlights and windshield wipers, missing berms at an elevated dump site, and two additional citations that Sweetman accepted at…

January 29, 1999 ·August F. Cetti ·FMSHRC
Citations affirmed
ALJ

WellTech Mid-Continent

Muddy access-road citation vacated after truck overturn

WellTech used tractor-trailer rigs to haul rock to an oil-well access road during rainy weather. One loaded truck left the muddy road, overturned into a pond, and the driver died. Judge Ken S. Welsch held that the cited earthmoving-equipment standard did not apply because the trucks operated both…

January 29, 1999 ·Ken S. Welsch ·OSHRC
Citations vacated
COMM

U.S. Department of Defense, Defense Commissary Agency, Norfolk, Virginia and National Association of Government Employees, Local R4-45

Defense Commissary Agency Norfolk (FLRA 0-AR-3110): agency exceptions denied

The Defense Commissary Agency challenged an arbitration award involving its Norfolk operation. The Authority denied the agency’s exceptions under 5 U.S.C. § 7122(a). It rejected the agency’s reliance on a Merit Systems Protection Board decision because the agency’s action was not one covered by 5…

January 29, 1999 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Air Force Materiel Command, Wright-Patterson Air Force Base, Wright-Patterson, Ohio and American Federation of Government Employees, Council 214

Air Force Materiel Command (FLRA 0-AR-3049): clarify promotion remedy

An arbitrator found that Air Force Materiel Command failed to record lower graded duties performed by employees in mixed grade positions, harming their promotion opportunities. The Authority rejected the agency’s challenges to the arbitrator’s factual findings and authority. It returned one part of…

January 29, 1999 ·FLRA
Remanded
COMM

American Federation of Government Employees, Local 1741 and U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Milan, Michigan

FCI Milan (FLRA 0-AR-3039): fitness examination grievance denied

FCI Milan sought a fitness for duty examination of a correctional officer after medical information raised questions about his ability to perform his job. An arbitrator denied the grievance, finding that the agency did not breach the agreement’s union representation provisions and could require an…

January 29, 1999 ·FLRA
Upheld
COMM

United States Small Business Administration and American Federation of Government Employees, Local 2951

Small Business Administration (FLRA 0-AR-2987): placement remedy returned

An arbitrator sustained a Small Business Administration employee’s grievance over a reprimand and reassignments, ordering make-whole relief and a new placement. The Authority set aside any attorney fee award because no statute authorized fees on these facts, and changed the cost award so the…

January 29, 1999 ·FLRA
Mixed result
COMM

Austin Powder Company and Bruce Eaton

Safety-belt violation and penalties affirmed

Austin Powder Company was conducting drilling and blasting at a Massachusetts stone quarry when MSHA inspectors saw three workers near a quarry highwall without safety belts or lines. The Commission upheld the finding that Austin Powder violated the fall-protection standard and that the violation…

January 28, 1999 ·FMSHRC
Citations affirmed
COMM

Page U. S. Department of Air Force, 6th Support Group, Macdill Air Force Base, Florida and National Federation of Federal Employees, Local 153

MacDill Air Force Base (FLRA AT-CA-60888): official time complaint dismissed

A MacDill Air Force Base supervisor required a union representative to request official time and report to his worksite before and after using it. The union alleged that this was an unbargained change and retaliation for protected activity. The Authority adopted the judge’s finding that the…

January 28, 1999 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3957 and U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Oakdale, Louisiana

FCI Oakdale (FLRA 0-AR-3132): union exceptions denied

The union challenged an arbitration award involving FCI Oakdale. After reviewing the record under 5 U.S.C. § 7122(a), the Authority found no legal or other recognized defect in the award and denied the exceptions. The published decision does not describe the underlying grievance, award, or specific…

January 28, 1999 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Seymour Johnson Air Force Base, North Carolina and National Association of Government Employees, Local R5-188

Seymour Johnson Air Force Base (FLRA 0-AR-2980): restore guaranteed hours

Seymour Johnson Air Force Base reduced guaranteed weekly hours for 17 regular employees without reducing the overall work at their activity or the hours worked by flexible employees. An arbitrator found that the sequence violated the labor agreement and ordered restoration of the hours and…

January 28, 1999 ·FLRA
Upheld
COMM

U.S. Department of the Interior, Bureau of Indian Affairs, Wapato Irrigation Project and National Federation of Federal Employees, Local 341

Wapato Irrigation Project (FLRA 0-AR-2945): use statutory backpay interest rate

A wage arbitration awarded Wapato Irrigation Project employees the negotiated 1996 pay increase beginning with the first full pay period in February and backpay for the delay. The Authority rejected the agency’s challenges to the effective date and wage award. It agreed that the arbitrator had used…

January 28, 1999 ·FLRA
Modified
COMM

Eagle Energy, Inc.

Penalty assessment reopened after late contest

Eagle Energy asked the Commission to reopen a penalty assessment that had become final because the operator did not timely contest one citation. The company said it relied on an MSHA manager's statement that citations issued under a single-sample method would be vacated, and later learned that it…

January 27, 1999 ·FMSHRC
Procedural
COMM

Trinity Industries, Inc.

Railcar lining compartments were permit-required confined spaces

Trinity employees entered hopper railcar compartments and spray-applied flammable protective linings while forced-air ventilation operated. OSHA measured flammable vapor at 24 to 26 percent of the lower explosive limit at the lower compartment openings, more than twice the permit-space threshold…

January 27, 1999 ·OSHRC
Citations affirmed
ALJ

Lesueur-Richmond Slate Corporation

Late penalty petition dismissed

Lesueur-Richmond Slate Corporation received a proposed civil penalty assessment and mailed its contest the next day. MSHA received the contest by certified mail on July 27, 1998, but later treated September 28 as the receipt date after its penalty office could not find the original filing. Judge…

January 26, 1999 ·Paul Merlin ·FMSHRC
Procedural
COMM

Ketchikan Pulp Company

In re Ketchikan Pulp Company (EAB NPDES Appeal No. 95-6): reconsideration dismissed and stay lifted

The Environmental Appeals Board had previously denied Ketchikan Pulp Company's petition for review of NPDES Permit No. AK-000092-2. The company later sought reconsideration, and the Board stayed its earlier order while the parties pursued settlement. Ketchikan told the Board that revocation and…

January 26, 1999 ·EPA EAB
Procedural
COMM

In re A-P-

Summary decision was inadequate

The Board reviewed a removal order entered after an Immigration Judge used a short summary decision for a respondent who had admitted the factual allegations but had not expressly admitted removability. The record also showed that the respondent had raised fear of returning to Laos and that the…

January 26, 1999 ·BIA
Remanded
ALJ

Unique Electric

Penalty reduced after remand review of sole proprietor's finances

Unique Electric was a sole proprietorship operated by Kim Warnock, and the case returned to the judge after the Commission vacated an earlier $400 penalty assessment and required a new review of the penalty criteria. Judge Richard W. Manning considered the household's income, assets, liabilities…

January 25, 1999 ·Richard W. Manning ·FMSHRC
Modified
ALJ

Martin Marietta Aggregates

Train-safety violations affirmed, unwarrantable findings vacated

At Martin Marietta's Camak Quarry, employee Jut Anderson was struck and killed by a locomotive after railcars were pushed into a train while he cleaned railroad scales. The operator withdrew its contest of one citation and agreed to pay $267. Judge Paul Merlin affirmed the two litigated violations…

January 25, 1999 ·Paul Merlin ·FMSHRC
Mixed result
COMM

L. R. Willson and Sons, Inc.

Commission lacked authority to halt penalty collection

An administrative law judge had affirmed a tag-line violation against L. R. Willson and Sons and assessed a $4,000 penalty. The parties later settled Willson's separate Equal Access to Justice Act fee claim concerning a withdrawn general duty clause item. When the Secretary sought to collect the…

January 25, 1999 ·OSHRC
Procedural
COMM

U.S. Department of Veterans Affairs, Medical Center, Coatesville, Pennsylvania and National Association of Government Employees, Local R3-35

VA Coatesville (FLRA 0-AR-2830): narrow overtime callback award

A VA medical center bypassed an overtime callback roster and assigned medical administration work to supervisors and other unit employees. An arbitrator awarded a roster employee pay for missed opportunities. The Authority upheld the award for work assigned to other unit employees because the…

January 25, 1999 ·FLRA
Modified
COMM

American Federation of Government Employees, Local 701 and U. S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Pekin, Illinois

FCI Pekin (FLRA 0-AR-3125): union exceptions denied

The union challenged an arbitration award involving FCI Pekin. The Authority reviewed the record under 5 U.S.C. § 7122(a), found no recognized defect, and denied the union’s exceptions. The short public decision does not describe the underlying grievance, the award, or the specific objections.

January 22, 1999 ·FLRA
Upheld
ALJ

L & T Fabrication & Construction, Inc.

Overhead-work citation affirmed and penalty reduced

L & T Fabrication & Construction was a contractor performing structural work at the Cordero Mine in Wyoming. During overhead work in a silo, a handrail section fell from an elevated deck and struck an employee below, breaking his neck and permanently paralyzing him from the neck down. The parties…

January 21, 1999 ·T. Todd Hodgdon ·FMSHRC
Modified
COMM

In re S-S-

Armed robbery was a particularly serious crime

The Board reviewed a removal order for a lawful permanent resident from Laos who had been convicted of first-degree robbery while armed with a handgun and sentenced to 55 months in prison. The Board considered whether the conviction was an aggravated felony and whether the crime was particularly…

January 21, 1999 ·BIA
Affirmed
ALJ

The Pittsburg & Midway Coal Mining Company

Five-day-late penalty petition accepted

The Secretary filed a civil penalty petition against The Pittsburg & Midway Coal Mining Company for the York Canyon Surface Mine. The petition was due 45 days after MSHA received the company's contest, but it was mailed five days late because of a computer database problem and a breakdown in…

January 20, 1999 ·Paul Merlin ·FMSHRC
Procedural
COMM

Douglas J. Pascual, Jr. v. First Marine Contractors, Incorporated

Pascual v. First Marine Contractors (BRB 97-1283): employer's reconsideration request denied

Douglas Pascual, a longshoreman, sought disability and medical benefits after a workplace injury. The Board had vacated a denial of benefits and sent the claim back for a finding on how long his work-related disability lasted. The employer asked the Board to reconsider, arguing that the earlier…

January 20, 1999 ·BRB
Procedural
COMM

Tigue Construction Co., Inc.

Penalty assessments reopened after missed contest deadline

Tigue Construction asked the Commission to reopen penalty assessments that had become final because the company did not timely request a hearing. The company said its vice-president became seriously ill, underwent quadruple bypass surgery, and was expected to respond to the charges, while the…

January 19, 1999 ·FMSHRC
Procedural
ALJ

J & J Sand and Gravel

Default vacated after timely answer was located

J & J Sand and Gravel was placed in default after it did not answer the Secretary's penalty petition in the Commission's file. The operator had actually sent an answer to the Commission, but the answer was received by the Solicitor instead, and the communication problem was not reported before a…

January 19, 1999 ·Paul Merlin ·FMSHRC
Procedural
ALJ

Brungart Equipment Company, Inc.

Forklift inspection item vacated but illegible nameplate affirmed

Brungart repaired forklifts, and an employee was injured when a customer's forklift tipped during a maintenance check drive. OSHA alleged that the truck had not been examined before being placed in service because its battery lacked a restraint. Judge Stephen J. Simko, Jr. vacated that item because…

January 18, 1999 ·Stephen J. Simko, Jr. ·OSHRC
Mixed result
ALJ

VP Buildings, Inc.

Overhead-crane obstruction citation vacated after coil fatality

VP Buildings used an overhead crane to move a steel coil into a storage rack. The suspended coil contacted stored coils, two coils fell, and an employee died after being pinned beneath them. OSHA alleged that the company failed to keep a hoisted load from contacting an obstruction. Judge Nancy J…

January 18, 1999 ·Nancy J. Spies ·OSHRC
Citations vacated
COMM

Air Force Flight Test Center, Edwards Air Force Base, California and American Federation of Government Employees, Local 3854, AFL-CIO

Edwards Air Force Base (FLRA SF-CA-50232): restore mechanic promotion program

Edwards Air Force Base changed a training and promotion program for aircraft mechanics without giving the union notice and a chance to bargain. The Authority upheld the unfair labor practice finding and further held that the base had ended an established career ladder to the WG-12 grade. It ordered…

January 15, 1999 ·FLRA
Modified
COMM

L&C Services, Inc.

In re L&C Services, Inc. (EAB EAJA Appeal No. 98-1): fee denial reversed and remanded

EPA Region VII charged L&C Services, Inc. with six asbestos-handling violations at an abandoned oil refinery in Augusta, Kansas. The underlying enforcement case was dismissed after the Region failed to prove that the observed materials met the regulatory requirements, including asbestos content for…

January 15, 1999 ·EPA EAB
Remanded
COMM

Benton County Stone, Inc.

Reopening request remanded after misfiled hearing form

Benton County Stone asked the Commission to reopen three penalty assessments that became final after the company missed the 30-day deadline for requesting a hearing. The company said a secretary misfiled the hearing request form, and that it mailed the request after locating the paperwork. The…

January 13, 1999 ·FMSHRC
Remanded
COMM

Wolf Creek Sand & Gravel

Reopening request remanded for fact finding

Wolf Creek Sand & Gravel asked the Commission to reopen penalty assessments that had become final because the company did not timely request a hearing. Syble Harris, who handled many tasks for the small operator, said the missed deadline resulted from her husband's health problems and the time they…

January 13, 1999 ·FMSHRC
Remanded
ALJ

Eagle Energy, Inc.

Motion to compel discovery denied

Eagle Energy asked for MSHA conference reports, handwritten notes, and a memorandum connected with safety and health conferences involving the company's mines. MSHA objected that the conference reports and notes were protected work product, and that the memorandum was protected by attorney-client…

January 12, 1999 ·Jerold Feldman ·FMSHRC
Procedural
COMM

United States Immigration and Naturalization Service, Washington, D.C. and National Border Patrol Council, American Federation of Government Employees, AFL-CIO

Border Patrol (FLRA SF-CA-30165): air manual complaint remanded

The Border Patrol issued a new Air Operations Manual while the union’s request for help from the Federal Service Impasses Panel was pending. An administrative law judge found unfair labor practices and ordered the manual rescinded. The Authority set aside that finding and returned the complaint for…

January 12, 1999 ·FLRA
Remanded
ALJ

Harlan Cumberland Coal Co.

Remand penalty reduced to $50

Harlan Cumberland Coal operated the C-2 Mine in Kentucky, where an inspector found oxygen and acetylene cylinders leaning against a coal pillar in an active roadway. The ALJ had previously found a violation of 30 C.F.R. § 75.1106-3(a)(2), classified it as significant and substantial, and assessed a…

January 12, 1999 ·David Barbour ·FMSHRC
Modified
COMM

U.S. Department of Justice, Immigration and Naturalization Service, Washington, D.C. and American Federation of Government Employees, National Border Patrol Council, AFL-CIO

Border Patrol (FLRA DA-CA-30370): baton training case returned for hearing

The Border Patrol started a side handle baton training program while bargaining and an impasse request were pending. The Authority held that the union’s unfair labor practice charge was timely and that mandatory certification and refresher training had more than a minor effect on agents’ working…

January 12, 1999 ·FLRA
Remanded
ALJ

Consol Pennsylvania Coal

Belt-scraper citation vacated and second citation settled for $200

Consol Pennsylvania Coal operated the Enlow Fork Mine. MSHA alleged that a belt scraper was not maintained in safe operating condition because a loose guide chain allowed belt splices to strike the scraper assembly, and separately issued another citation that the parties settled. Judge Gary Melick…

January 11, 1999 ·Gary Melick ·FMSHRC
Mixed result
ALJ

Specialized Grading Enterprises, Inc.

Attorney fees awarded for unsupported trench items

Specialized Grading sought fees under the Equal Access to Justice Act after prevailing on four trench citation items. Those items arose from an employee's brief, unauthorized entry into an unprotected trench while working alone. Judge Stanley M. Schwartz held that the Secretary's litigation…

January 11, 1999 ·Stanley M. Schwartz ·OSHRC
Procedural
ALJ

ICF Kaiser Engineers of Massachusetts, Inc.

Underground mantrip safety citation vacated

ICF Kaiser provided construction-management personnel for the Boston Harbor tunnel project. A Kaiser inspector died while entering a mantrip railcar after the train unexpectedly moved without warning. Judge Richard DeBenedetto held that the general underground access and egress rule did not…

January 11, 1999 ·Richard DeBenedetto ·OSHRC
Citations vacated
ALJ

Star Fire Mining

Blasting-examination citation dismissed

Star Fire Mining operated a surface coal mine in Kentucky where an unplanned explosion occurred near an electrical shovel after a prior blast. Two workers were injured. MSHA alleged that Star Fire violated 30 C.F.R. § 77.1303(pp) by failing to examine the blasted area for undetonated explosives…

January 8, 1999 ·Avram Weisberger ·FMSHRC
Citations vacated
COMM

National Federation of Federal Employees, Local 1669 and U.S. Department of Defense, Arkansas Air National Guard, 188th Fighter Wing, Fort Smith, Arkansas

Arkansas Air National Guard (FLRA 0-NG-2392): bargain over uniform emblems

The union proposed that the Arkansas Air National Guard provide civilian technicians with uniforms ready to wear, including attached emblems, name tags, and insignia. The Authority found the proposal within the duty to bargain. Federal uniform allowance statutes did not bar the Guard from providing…

January 8, 1999 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Local 186 and U.S. Department of the Interior, Bureau of Indian Affairs, Office of Indian Education Programs, Flandreau Indian School, Flandreau, South Dakota

Flandreau Indian School (FLRA 0-AR-3032): no backpay for RIF notice error

Flandreau Indian School canceled a teacher’s reduction in force notice and then reinstated the separation without a fresh 60-day notice. An arbitrator found a procedural violation but denied backpay because the teacher had not shown lost pay or an available position she would have obtained. The…

January 8, 1999 ·FLRA
Upheld
ALJ

Topco, Inc.

Hearing-conservation violations affirmed but willful classification rejected

Topco operated noisy metal-stamping and fabrication equipment. OSHA sampling showed that 15 of 17 sampled employees exceeded the hearing-conservation action level, and four press operators exceeded the permissible exposure limit without required hearing protection. Judge John H. Frye, III rejected…

January 7, 1999 ·John H. Frye, III ·OSHRC
Modified
COMM

Department of the Treasury, United States Customs Service, El Paso, Texas and National Treasury Employees Union, Chapter 143 and Department of the Treasury, United States Customs Service, New Orleans, Louisiana and National Treasury Employees Union, Chapter 168

Customs Service (FLRA DA-CA-60047 and DA-CA-60048): videotaping dispute returned to judge

Customs Service began videotaping Internal Affairs interviews with employees at its El Paso and New Orleans facilities. The union charged that the agency changed working conditions without giving it notice and a chance to bargain. The Authority held that the charges were timely and that the…

December 31, 1998 ·FLRA
Remanded
ALJ

Don Brown Logging & Avery Logging Co., Inc.

Matched tree-felling backcuts violated logging rule

Don Brown Logging and Avery Logging trained fallers to make backcuts level with the horizontal facecut when using the Humboldt felling method. OSHA's logging standard required the backcut to be above the facecut to create a platform intended to reduce tree kickback. Judge Stanley M. Schwartz held…

December 31, 1998 ·Stanley M. Schwartz ·OSHRC
Citations affirmed
COMM

U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Sheridan, Oregon and American Federation of Government Employees, Local 3979

FCI Sheridan (FLRA 0-AR-3084): overtime backpay award upheld

At FCI Sheridan, an arbitrator found that management did not distribute and rotate overtime opportunities fairly and failed to maintain the required records. The award directed backpay for employees who would have worked overtime under a fair system, with the parties to determine the recipients and…

December 31, 1998 ·FLRA
Upheld
COMM

Sport Air Traffic Controllers Organization and U.S. Department of the Air Force, Air Force Flight Test Center, Edwards Air Force Base, California

Edwards air traffic controllers (FLRA 0-AR-3043): call sign award upheld

At Edwards Air Force Base, controllers began using five-letter aircraft call signs after a new computer system and an agreement with the FAA replaced an older two-letter practice. The union grieved the change, saying the Air Force had to bargain first. An arbitrator denied the grievance, finding no…

December 31, 1998 ·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.