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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Cannelton Industries, Inc.
Unwarrantable-failure findings affirmed on remand
The Commission had vacated an earlier decision and remanded these consolidated cases for further consideration of a coal and coal-dust accumulation under 30 C.F.R. § 75.400. Judge T. Todd Hodgdon found that Cannelton’s violation resulted from unwarrantable failure and that foremen Charles Patterson…
Marcus A. McCormick v. Newport News Shipbuilding and Dry Dock Company
McCormick v. Newport News Shipbuilding (BRB 98-0101): separate warehouse outside covered site
Marcus McCormick was a shipyard electrician who injured his knee while collecting parts at his employer's Building 511 warehouse. Although the employer owned the warehouse, public roads and a security fence separated it from the waterfront shipyard. McCormick argued that the employer's ownership…
Stanley Gacki v. Sea-Land Service, Incorporated
Gacki v. Sea-Land Service (BRB 97-1755): disability award returned for medical review
Stanley Gacki, a mechanic for Sea-Land Service, sought permanent total disability benefits after a workplace injury. The judge credited one physician who said he could not return to his usual work and rejected several physicians who found no remaining disability. The judge reasoned that the latter…
U.S. Department of the Treasury, U.S. Customs Service, Portland, Oregon and National Treasury Employees Union, Chapter 156
Customs missed overtime (FLRA 0-AR-3022): back pay award upheld
An administrative error caused a Customs Service employee to miss an overtime assignment he was entitled to work. The agency offered a comparable assignment, but the employee sought pay for the missed shift. An arbitrator awarded seven hours of overtime compensation, including commute and call back…
U.S. Department of the Army, Red River Army Depot, Texarkana, Texas and National Association of Government Employees, Local R14-52
Red River Army Depot fees (FLRA 0-AR-2932): premature fee denial removed
An arbitrator awarded a Red River Army Depot employee back pay for overtime denied in violation of the labor agreement and past practice. In its brief, the union had asked the arbitrator to retain jurisdiction so it could seek attorney fees later. The arbitrator instead denied fees for lack of…
Pen Coal Corporation
Partial settlement approved, three violations sent for further support
Pen Coal Corporation faced six alleged violations involving coal dust accumulations and defects on coal-handling equipment at the Big Sandy River Dock. The parties proposed reducing the total penalties from $612 to $448 and removing the significant and substantial designations from all six…
The Valley Chemical Site, Shell Oil Company
In the Matter of The Valley Chemical Site, Shell Oil Company (EAB CERCLA 106(b) Petition No. 97-5): $625,000 reimbursement settlement approved
Shell Oil Company petitioned for reimbursement of approximately $1.25 million in costs it said it incurred while carrying out a removal action under an EPA unilateral administrative order at the Valley Chemical Site in Mississippi. Shell and EPA negotiated a settlement that resolved the petition…
Richards Roofing, Inc., and Construction
Inexperience did not excuse late contest
Richards Roofing received an OSHA citation on October 6, 1997, making October 28 the deadline for a notice of contest. It filed on October 31 and explained that it was unfamiliar with OSHA procedures. Chief Judge Irving Sommer found that the citation cover letter and accompanying OSHA booklet…
In re H-M-V-
Board lacked jurisdiction to grant Convention Against Torture relief
The Board reviewed an Iranian respondent's motion to reopen his deportation proceedings after he was convicted of federal drug offenses and sentenced to more than five years in prison. He argued that Article 3 of the Convention Against Torture barred his return to Iran and that the Board should…
Cyprus Emerald Resources Corporation
Refuse-pile violations partly affirmed, vacated, and remanded
Cyprus Emerald Resources operated a coal preparation plant and used a large refuse pile near a slurry pond at its Emerald No. 1 Mine in Pennsylvania. The Commission upheld findings that the refuse pile violated construction and dumping rules, that the operator failed to report and investigate an…
Megan Construction Company
Subcontractor scaffold violation affirmed
A masonry subcontractor employee worked on a third-level scaffold without guardrails at a project controlled by Megan Construction. Judge Covette Rooney vacated an allegation that Megan lacked a program of frequent and regular inspections because its daily and weekly inspection evidence showed…
U.S. Department of the Interior, Bureau of Indian Affairs and National Federation of Federal Employees, Bureau of Indian Affairs Council
Bureau of Indian Affairs layoff ratings (FLRA 0-AR-2956): challenged award set aside
During a reduction in force, the Bureau of Indian Affairs used an employee's 1992 through 1994 performance ratings to place her on a retention register. An arbitrator ordered the agency to recalculate using ratings through 1995, with reinstatement and back pay if an employee had been wrongly laid…
Ambrose Brothers, Incorporated
Fatality-related settlement rejected pending information
Ambrose Brothers faced a citation after an unsecured concrete and steel barrier struck and fatally injured the company's former president during relocation of a portable crushing plant. The parties proposed reducing the penalty from $3,000 to $2,000, attributing the violation to employee misconduct…
Eva Jourdan, widow of E. Elliott Jourdan v. Equitable Equipment Company
Jourdan v. Equitable Equipment (BRB 97-1634): employer fee dispute outside judge's authority
Eva Jourdan received death benefits after the death of her husband, who had worked for Equitable Equipment. The employer hired its own counsel while several insurers disputed which one covered the claim. After a carrier was assigned liability, Equitable sought reimbursement of its legal fees from…
Rohloff Sand & Gravel Company
Five citations resolved with one vacatur and reduced penalties
Rohloff Sand & Gravel operated a surface sand and gravel pit in Michigan and faced five citations involving noise exposure, missing handrails, first-aid training, grounding-system testing, and first-aid supplies. Judge David F. Barbour found violations for excessive dragline noise, the missing…
Scarff's Nursery, Inc.
Trench cave-in violation affirmed under general duty clause
Scarff's Nursery employees installed irrigation pipe in a narrow trench about 6.5 feet deep when a cave-in injured two workers. The agriculture standards contained no trench-safety provision, so OSHA proceeded under the general duty clause. Judge Ken S. Welsch found no proof that the nursery…
In re Mark Gerald PUNU
Texas deferred adjudication counted as a conviction
The Board reviewed a Philippine respondent's appeal from an order finding him deportable as an aggravated felon and ineligible for relief. He had entered a nolo contendere plea to attempted murder in Texas, received deferred adjudication, and was placed on probation. The Board held that the…
Arizona Municipal Storm Water NPDES Permits for City of Tucson, Pima County, City of Phoenix, City of Mesa, and City of Tempe
In re Arizona Municipal Storm Water NPDES Permits (EAB NPDES Appeal No. 97-3): reconsideration denied
Defenders of Wildlife and the Sierra Club asked the Environmental Appeals Board to reconsider its May 21, 1998 order concerning municipal storm-water permits for Tucson, Pima County, Phoenix, Mesa, and Tempe. The Board denied reconsideration because much of the motion raised new arguments or…
Evergreen Technologies, Inc.
Machine-guarding citation vacated for unforeseeable access
An Evergreen Technologies lab technician sustained severe injuries when her hair became entangled in an exposed drive screw on a material-testing machine. An accordion guard had been detached for at least three weeks, and Judge Nancy J. Spies found that reasonable diligence would have revealed the…
O'Connor & Taylor, Inc.
Clerical date error did not excuse late contest
O'Connor & Taylor received an OSHA citation on April 20, 1998, making May 11 the deadline for a notice of contest. A clerical error caused the company to record April 22 as the receipt date and file after the 15-working-day period. Chief Judge Irving Sommer found no improper conduct by the…
Lakeview Rock Products
Discrimination settlement approved
Jeffery S. Sill alleged that Lakeview Rock Products unlawfully terminated him from his loader-operator job at a rock-products mine. He found another loader-operator position after three weeks, later experienced a seasonal layoff, and then returned to work for another employer. After a hearing, the…
Lone Mountain Processing, Inc.
Temporary reinstatement denied for job applicant
Roscoe Ray Young applied for a roof-bolter position at Lone Mountain Processing after expecting a layoff from another mine. He alleged that the company refused to hire him after unsafe roof conditions affected his timed roof-bolting test, and the Secretary sought temporary reinstatement while the…
Luke Air Force Base, Arizona and American Federation of Government Employees, Local 1547
Luke Air Force Base EEO meeting (FLRA DE-CA-50519): union notice required
Luke Air Force Base met with a bargaining unit employee to discuss and settle her formal EEO complaints. The union president had attended the prior day's session as the employee's personal representative, but the base gave the union no notice of the later session where the employee signed a…
Joseph Stevens v. Matson Terminals, Incorporated
Stevens v. Matson Terminals (BRB 97-1581): state claim is a proper reason to withdraw
Joseph Stevens asked to withdraw his pending Longshore Act claim so he could seek workers' compensation under California law. The judge denied the request, ruling that the employer was entitled to a federal merits decision, and directed Stevens to file another federal claim within 15 days. The…
Swenson Granite Company, LLC
Late penalty petition dismissed
Swenson Granite contested a proposed civil penalty after an order issued under the Mine Act. The Secretary received the contest on March 23, 1998, so the penalty petition was due within 45 days, but the Solicitor did not file it until June 1998. The Solicitor attributed the delay to vacation, other…
National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration, Southwest Region, Dallas, Texas
FAA controller relocation (FLRA 0-AR-2920): travel reimbursement denied
An FAA air traffic controller applied for a lateral transfer from Southern California to Dallas after a vacancy announcement said relocation expenses would not be paid. He accepted the position and later sought reimbursement. An arbitrator denied his grievance, finding that the move was primarily…
Korte & Luitjohan, Inc.
Leading-edge fall citation vacated under steel-erection exception
Korte & Luitjohan was installing metal roof decking on a commercial building with steel framing and wood trusses. Ten employees worked 16 to 22 feet above a concrete floor without guardrails, safety nets, or personal fall arrest systems. OSHA cited the company under the general construction…
Cumbie Concrete Company, Inc.
Carbon-monoxide and respirator violations yield $7,800
Cumbie Concrete employees cut holes in a library floor with a propane-powered saw inside a room sealed with plastic sheeting. Three employees developed carbon-monoxide poisoning and received hospital treatment. Judge Ken S. Welsch affirmed violations for lacking a propane safety data sheet and…
CMH Material Handling, LLC
Elevated-platform fall violations affirmed
A CMH Material Handling employee died after falling from a 40-foot platform while replacing bolts on an overhead crane system at an aircraft manufacturing facility. The platform lacked standard guardrails in work areas, and employees did not consistently use the body harnesses CMH supplied. Judge…
Essayons, Inc.
Reopening request remanded for good-cause review
Essayons asked to reopen a penalty assessment that became a final Commission order after the company missed the 30-day deadline to contest it. The company said it misplaced the proposed assessment notification, and the Secretary did not oppose relief. The Commission held that the record did not yet…
In re New York State Department of Transportation
National interest waiver required individual benefit
The Service reviewed New York State Department of Transportation's immigrant visa petition for a civil engineer seeking a national interest waiver of the job-offer and labor-certification requirements. The decision recognized that bridge engineering had substantial intrinsic merit and national…
Lesueur-Richmond Slate Corp.
Two safety citations affirmed with reduced penalties
Lesueur-Richmond Slate Corp. operated a surface slate mine and roofing plant. MSHA alleged that a table saw lacked a blade guard and that a front-end loader's backup alarm was not audible above surrounding noise. Judge Gary Melick found both violations proven and significant and substantial, but…
Bryce Dolan v. F & E Erection Company
Relief awarded after discrimination ruling
Bryce Dolan had previously been found to have engaged in a protected work refusal after raising concerns about lead exposure and protective equipment at an alumina plant. In this supplemental decision, Judge Jerold Feldman calculated relief for the period before Dolan said he became unable to work…
In re Emidia Elizabeth CASILLAS
Marriage petition appeal dismissed for lack of proof
The Board reviewed a spouse visa petition filed by an individual whose beneficiary had married him while a prior Order to Show Cause had been issued. It held that proceedings were not pending for purposes of the marriage restrictions because the order, issued after June 20, 1991, had not been filed…
REB Enterprises, Inc.
Motion denied and penalties ordered
REB Enterprises, Inc. and two individuals asked the Commission to dismiss consideration of additional civil penalties after an administrative law judge assessed $1,400 for two orders. The Commission held that the operator had contested all proposed penalties instead of paying them within the…
George Hill v. Avondale Industries, Incorporated
Hill v. Avondale Industries (BRB 97-1575): late state claim did not preserve federal deadline
George Hill sought Longshore Act disability benefits for a back injury sustained at Avondale Industries. He had filed a Louisiana workers' compensation claim before his federal claim, but the state claim itself was filed too late under state law. The Board held that an untimely state filing cannot…
Gay Nell Bang v. Ingalls Shipbuilding, Incorporated
Bang v. Ingalls Shipbuilding (BRB 97-1566): chiropractor's other treatments not reimbursable
Gay Nell Bang received disability and medical benefits after a work injury. On remand from an earlier appeal, the judge ordered Ingalls Shipbuilding to pay for biofeedback and physical therapy performed by her chiropractor, though it found no spinal subluxation. The employer appealed those costs…
In re HO
Investor had to prove an at-risk investment and job creation
The Associate Commissioner reviewed an immigrant-investor petition for a new California company that planned to import and wholesale automobile wheels. The decision held that forming the company, signing a lease, and presenting financial records did not prove that the petitioner had placed legally…
In re HSIUNG
Promissory-note investment had to place assets at risk
The Associate Commissioner reviewed an immigrant-investor petition for an investment in a company that planned to acquire and upgrade health-care facilities. The petitioner used a promissory note secured by claimed assets in Taiwan. The decision held that the petitioner had not shown that he owned…
Internal Revenue Service, Philadelphia Service Center and National Treasury Employees Union
IRS Philadelphia promotion (FLRA BN-CA-50594): union activity discrimination upheld
An IRS service center passed over a tax examiner for a lead clerk position after her supervisor expressed concern about her travel for union business. An administrative law judge found that the refusal to promote her was motivated by protected activity and that the center's stated staffing reasons…
U.S. Food and Drug Administration, Northeast and Mid-Atlantic Regions and American Federation of Government Employees, AFL-CIO, Council No. 242
FDA regional bargaining (FLRA BN-CA-50168): reconsideration denied
The FDA asked the Authority to reconsider an earlier finding that it unlawfully insisted on separate agreements for employees in a single bargaining unit across two regions. It argued that the Authority had misread the bargaining impasse and the regions' status. The Authority found no extraordinary…
Office of the Adjutant General, Georgia Department of Defense, Atlanta, Georgia and Georgia State Chapter, Association of Civilian Technicians
Georgia National Guard union lobbying time (FLRA AT-CA-60432): complaint dismissed
A Georgia National Guard office denied union representatives official time to visit members of Congress, despite a collective bargaining agreement provision allowing time for that purpose. The union alleged that the office unlawfully repudiated the agreement. The Authority found that the provision…
Island Lathing & Plastering, Inc.
Scaffold and ladder violations affirmed with $55,000 in penalties
Island Lathing & Plastering was performing interior plastering work at a multistory theater project. OSHA found an employee working from an unlocked mobile scaffold beside a balcony edge without fall protection, then descending a ladder while facing away from it. The judge found that the foreman…
National Association of Government Employees, Local R4-45 and U.S. Department of Defense, Defense Commissary Agency
Defense commissary staffing proposal (FLRA 0-NG-2402): petition dismissed for unclear terms
A union proposed converting part time Defense Commissary Agency employees to full time positions after three years and setting staffing percentages for each commissary. The proposal did not say whether conversion depended on qualifications or vacancies. It also left unclear whether the percentages…
American Federation of Government Employees, Local 3807 and U.S. Department of Energy, Western Area Power Administration, Golden, Colorado
Western Area Power helicopter staffing (FLRA 0-NG-2394): bargaining is agency's choice
The Western Area Power Administration planned to replace two low flying power line inspection helicopters with one longer range helicopter. Its union proposed retaining pilot positions and helicopters at both existing sites. The Authority found that the pilot proposals concerned staffing and the…
National Federation of Federal Employees, Local 2030 and U.S. Department of the Interior, Bureau of Land Management, Idaho Falls District
BLM Idaho promotion grievance (FLRA 0-AR-3045): union expenses denied
A Bureau of Land Management employee won a grievance over a denied promotion and received a retroactive promotion, back pay, and interest. The union also sought reimbursement for its expenses in pursuing the grievance. The arbitrator denied that request, and the union argued that the Back Pay Act…
Laborers' International Union of North America, Local 1376 and U.S. Department of Health and Human Services, Public Health Service, Navajo Area Indian Health Service
Navajo Area Indian Health Service standby pay grievance (FLRA 0-AR-3006): attorney fees denied
A union won standby pay for eight of fifteen Navajo Area Indian Health Service employees and then sought attorney fees. The arbitrator denied fees because the agency could not know in advance which fact specific claims would succeed. He also found that the grievance's benefit was limited to the…
National Aeronautics and Space Administration, Lewis Research Center, Cleveland, Ohio and International Federation of Professional and Technical Engineers, Local 28, Lewis Engineers and Scientists Association
NASA Lewis promotion awards (FLRA 0-AR-2962): Authority lacks jurisdiction
NASA's Lewis Research Center approved several promotions, then froze them and required the employees to reapply under new criteria. An arbitrator found that the promotions had already taken effect and ordered reinstatement to the higher grade with back pay and seniority. NASA filed exceptions, but…
National Federation of Federal Employees, Local 2030 and U.S. Department of the Interior, Bureau of Land Management, Idaho Falls, Idaho
BLM Idaho Falls and NFFE Local 2030 (FLRA 0-AR-2813): Reconsideration of ranger reassignment ruling denied
A union challenged the Bureau of Land Management's reassignment of a ranger, alleging that the move was discipline and retaliation for protected disclosures. The Authority had previously rejected the union's exceptions to an arbitrator's award denying the grievance. The union sought reconsideration…
Brauntex Materials
Contests dismissed as untimely
Brauntex Materials contested three citations and orders issued at its mine, but the filings arrived more than 30 days after the relevant actions. Judge Paul Merlin held that termination dates do not restart the operator's deadline to contest a citation or order, because termination and modification…
Commercial Cartage Company
In re Commercial Cartage Company (EAB CAA Appeal No. 97-9): gasoline volatility liability partly reversed
Commercial Cartage transported gasoline and other fuels in the St. Louis metropolitan area. EPA alleged that gasoline delivered to the Union W 70 station in Foristell, Missouri, during the summer of 1992 exceeded the applicable Reid Vapor Pressure standard. The Board held that the evidence did not…
Equity Residential Development Corporation
Roofing safety citations affirmed by default
OSHA cited Equity Residential Development Corporation after workers were observed performing roofing work without fall protection at a height of 10.3 feet. The citation alleged that the company failed to have a competent person conduct adequate jobsite inspections and failed to retrain employees on…
King Concrete Construction Company, Inc.
Willful fall violations and settlement yield $18,200
King Concrete performed concrete work on a barracks project at Fort Jackson, South Carolina. The company admitted that employees working on and near leading edges lacked required fall protection, but disputed OSHA's willful classification and proposed $49,000 penalty. The judge found the violations…
Kenko, Inc.
Two trench hazards affirmed and egress item vacated
Kenko employees were laying and connecting pipe in a trench more than 11 feet deep. OSHA cited the company for inadequate egress, loose rock or soil on the excavation face, and insufficient cave-in protection. The judge vacated the egress item because the backfill provided a safe way out and the…
East Texas Coatings, Inc.
Commission approves $4,170 confined-space settlement
East Texas Coatings removed and replaced linings inside railroad tank and hopper cars. After review was directed, the parties settled citations involving respiratory protection and permit-required confined spaces. The Secretary withdrew many items, reduced penalties on several others, and…
Western Aggregates, Inc.
Reopening request remanded for good-cause review
Western Aggregates asked the Commission to reopen final penalty assessments, claiming it mistakenly sent its hearing request to an MSHA payment lockbox instead of the civil penalty office. The operator said the filing error resulted from a mistaken mailing, but the record did not show what…
Frouwke K. Blanding, widow of William G. Blanding v. Oldam Shipping Company
Blanding v. Oldam Shipping (BRB 97-1521): death benefits barred by filing deadline
William Blanding developed mesothelioma after asbestos exposure while working for Oldam Shipping and died in May 1987. His widow, Frouwke Blanding, filed a death-benefit claim in January 1992. The Board upheld findings that he had worked at a covered shipyard location and that Oldam's insurer…
William Holland v. Holt Cargo Systems, Incorporated
Holland v. Holt Cargo Systems (BRB 97-1513): one cashier job did not establish available work
William Holland injured his knee while working as a cargo checker for Holt Cargo Systems. The employer identified six possible jobs, but the administrative law judge found only one, parking lot cashier, suitable for Holland and changed his benefits to permanent partial disability. The Board held…
Social Security Administration, Office of Hearings and Appeals, Orlando, Florida and American Federation of Government Employees, Local 3627
SSA Orlando and AFGE Local 3627 (FLRA 0-AR-2948): Promotion backpay struck, remedy returned
A hearing office clerk was passed over for one of five legal assistant promotions. An arbitrator found that the Social Security Administration's selection process violated its union agreement and ordered a retroactive promotion with backpay. The Authority held that the arbitrator had not found…
Consolidation Coal Company
Methane citation affirmed without S&S designation
MSHA cited Consolidation Coal Company after an inspector found 1.5 percent methane near a continuous miner and the electrical power was not disconnected promptly. Judge Gary Melick found that the operator violated the methane standard, but the record did not establish the required significant and…
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.