Federal Agency Decisions

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

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COMM

American Federation of Government Employees, Local 1286, Council of Prison Locals and Federal Correctional Institution Ashland

AFGE Local 1286 and FCI Ashland (FLRA 0-AR-2670): shared overtime pay award set aside

During a snowstorm at Federal Correctional Institution Ashland, management gave eight hours of snow removal overtime to a UNICOR employee. Seven Facilities employees grieved that the assignment should have been offered through their department's overtime rotation. An arbitrator found a contract…

July 25, 1996 ·FLRA
Set aside
COMM

In re Fidel Jimenez-Santillano

Document-fraud conviction barred section 212(c) relief

The Board reviewed a lawful permanent resident's appeal after a conviction for selling a resident alien card and a resulting deportability finding. It held that section 212(c) relief was unavailable because the document-fraud deportability ground had no comparable ground of exclusion, even though…

July 24, 1996 ·BIA
Affirmed
COMM

American Federation of Government Employees, Local 2094 and U.S. Department of Veterans Affairs Medical Center, New York

AFGE Local 2094 and New York VA Medical Center (FLRA 0-AR-2677): settlement exception dismissed

The New York VA Medical Center settled an employee's removal grievance with a temporary appointment and a promise to consider him in good faith for permanent work. After his temporary appointment ended, an arbitrator found the agency had breached the settlement and reinstated some of its terms, but…

July 24, 1996 ·FLRA
Procedural
COMM

International Brotherhood of Electrical Workers, Local 2080 and U.S. Army Corps of Engineers, Nashville District

IBEW Local 2080 and Nashville Corps of Engineers (FLRA 0-AR-2825): lock operator selection upheld

IBEW Local 2080 challenged the Nashville Corps of Engineers' choice for a lock operator vacancy at Wilson Lock. The union argued that the agency treated applicants as equally qualified and then relied on seniority when it should have selected the most qualified candidate. An arbitrator denied the…

July 23, 1996 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Fire-evacuation findings and penalties decided

Consolidation Coal Company and three individual mine officials were charged after a fire in the belt-drive area of the Blacksville No. 2 Mine. Judge David F. Barbour found that the company failed to follow its approved evacuation program, but deleted the significant-and-substantial finding and…

July 19, 1996 ·David F. Barbour ·FMSHRC
Mixed result
COMM

Department of Veterans Affairs Medical Center, Asheville, North Carolina and American Federation of Government Employees, Local 446

Asheville VA Medical Center and AFGE Local 446 (FLRA AT-CA-30876): birthday leave bargaining ordered

The Asheville VA Medical Center ended a practice of giving employees four hours of administrative leave for their birthdays without notifying or bargaining with AFGE Local 446. An administrative law judge found an unfair labor practice and recommended restoring the practice and awarding leave for…

July 19, 1996 ·FLRA
Modified
COMM

U.S. Immigration and Naturalization Service, U.S. Border Patrol, Del Rio, Texas and American Federation of Government Employees, National Border Patrol Council, Local 2366

Border Patrol and AFGE Local 2366 (FLRA 6-CA-10866): reconsideration denied in bargaining dispute

AFGE Local 2366 asked the Border Patrol to bargain over an employee assignment policy after the parties' collective bargaining agreement expired. The Authority had ruled that the union's request was for bargaining during an agreement's term, and no agreement was then in effect. The union and the…

July 19, 1996 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 2459 and Federal Correctional Institution Texarkana

AFGE Local 2459 and FCI Texarkana (FLRA 0-AR-2718): second overtime claim barred

AFGE Local 2459 won an earlier arbitration that restored a shared overtime sign-up procedure at Federal Correctional Institution Texarkana. That arbitrator denied backpay because the union had not shown which employees lost earnings. The union filed a later grievance seeking backpay for the same…

July 19, 1996 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3614, National Council of EEOC Locals No. 216 and Equal Employment Opportunity Commission

AFGE Local 3614 and EEOC (FLRA 0-AR-2645): promotion grievances dismissed as premature

Seven EEOC investigators requested noncompetitive promotions to GS-12 after the agency expanded the career ladder for their positions. The agency told them the promotion process was stalled while it resolved union concerns about a proposed evaluation checklist. The investigators grieved, but an…

July 19, 1996 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2986 and U.S. Department of Defense, National Guard Bureau, The Adjutant General, State of Oregon

AFGE Local 2986 and Oregon National Guard (FLRA 0-AR-2550): severance pay award set aside

Oregon National Guard civilian technicians lost their technician jobs after failing to maintain military membership because they did not meet military weight standards. An arbitrator ordered severance pay. The Authority held that it could review the severance pay award even though the employees'…

July 19, 1996 ·FLRA
Set aside
ALJ

Cedar Coal Company, Inc.

Temporary reinstatement ordered

Steve Baker, a front-end loader operator for Cedar Coal Company, said he was fired after refusing to operate a loader whose heater and defroster did not work and whose windows were frosted. Judge T. Todd Hodgdon found that Baker's account was not inherently incredible and that conflicting testimony…

July 18, 1996 ·T. Todd Hodgdon ·FMSHRC
Procedural
ALJ

American Girl Joint Venture

Discrimination proceeding dismissed

Daniel A. Hernandez filed a complaint after American Girl Joint Venture terminated him, but he expressly said it was not a discrimination complaint and did not allege that he made a protected safety complaint or refused unsafe work. Judge Richard W. Manning also found that Hernandez did not respond…

July 16, 1996 ·Richard W. Manning ·FMSHRC
Procedural
ALJ

Lothan Dwayne Skelton, employed by Skelton, Inc.

Agent penalties assessed

Lothan Dwayne Skelton, owner and working manager of Skelton, Inc., and Perry Lee Rowe, the mine foreman, were charged with knowingly authorizing or carrying out violations at the El-Jay Mine. Judge August F. Cetti found aggravated conduct supporting individual liability for several handrail…

July 16, 1996 ·August F. Cetti ·FMSHRC
Mixed result
COMM

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

Wright-Patterson Air Force Base and AFGE Council 214 (FLRA CH-CA-30438): late bargaining request did not establish a violation

The Air Force gave AFGE Council 214 notice of a planned time off incentive awards program, supplied information and extended the time for bargaining proposals. The union said it had no proposals at that time, then submitted proposals ten days after the program took effect. The Authority agreed with…

July 16, 1996 ·FLRA
Upheld
ALJ

ASARCO, Incorporated

Back pay and reinstatement ordered

David Hopkins was discharged by ASARCO after raising safety concerns about a high scaler at the Sweetwater Mine. In an earlier decision, the judge found that the discharge violated section 105(c) of the Mine Act. This supplemental decision awarded Hopkins back pay, bonus and vacation pay, expenses…

July 16, 1996 ·Richard W. Manning ·FMSHRC
Modified
ALJ

Lone Mountain Processing, Inc.

Ventilation citation vacated and settlement approved

Lone Mountain Processing operated the underground Darby Fork No. 1 coal mine in eastern Kentucky. The Secretary alleged that the mine failed to follow its approved ventilation plan because a check curtain was missing, after an inspector found elevated methane in a roof cavity. Judge Jerold Feldman…

July 15, 1996 ·Jerold Feldman ·FMSHRC
Mixed result
COMM

In re Arie Shaar

Voluntary departure deadline barred suspension request

The Board reviewed an Israeli family’s motion to reopen so they could apply for suspension of deportation after their voluntary departure period expired. The majority held that filing the motion during the voluntary departure period did not create exceptional circumstances, and that the Immigration…

July 11, 1996 ·BIA
Affirmed
COMM

U.S. Department of Veterans Affairs Medical Center, Northampton, Massachusetts and National Association of Government Employees, Local R1-107

Northampton VA Medical Center and NAGE Local R1-107 (FLRA BN-CA-50352): union steward counseling rescinded

A Northampton VA Medical Center food service worker received a written performance counseling shortly after becoming a union steward. An administrative law judge found that the counseling was issued because of his protected union activity, and the Authority rejected the medical center's challenge…

July 11, 1996 ·FLRA
Upheld
COMM

Mutual Mining, Inc.

Back-pay awards remanded

Mutual Mining had been found to have discriminatorily discharged five miners, and the ALJ had awarded back pay while deducting unemployment compensation. The Fourth Circuit affirmed the discrimination findings but reversed that deduction. The Commission remanded the cases to the ALJ to recalculate…

July 10, 1996 ·FMSHRC
Remanded
COMM

American Federation of Government Employees, Council of Locals No. 163 and U.S. Department of Defense, Defense Contract Audit Agency

AFGE Council 163 and Defense Contract Audit Agency (FLRA 0-NG-2230): temporary duty limits outside bargaining duty

AFGE proposed limits on how long Defense Contract Audit Agency employees could be assigned to temporary duty during a fiscal year. The Authority read the proposal to bar individual assignments lasting more than 90 days and, in most circumstances, additional assignments after an employee had served…

July 3, 1996 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 22 and U.S. Department of the Navy, Norfolk Naval Shipyard

AFGE Local 22 and Norfolk Naval Shipyard (FLRA 0-AR-2750): written reprimand upheld

A Norfolk Naval Shipyard employee grieved a one-day suspension for sexual harassment. The arbitrator found discipline warranted but reduced the penalty to a written reprimand, ordering one day's backpay. The union challenged the evidence and argued that even a written reprimand was too severe. The…

July 3, 1996 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R1-100 and U.S. Department of the Navy, Naval Submarine Base, New London, Connecticut

NAGE Local R1-100 and Naval Submarine Base New London (FLRA 0-AR-2721): late lunch break grievance remains dismissed

NAGE Local R1-100 sought backpay for guards and police officers it said had worked during lunch breaks at the New London submarine base. An arbitrator dismissed the grievance as untimely under the parties' agreement. The union argued that timeliness had not been submitted for arbitration, but the…

July 3, 1996 ·FLRA
Upheld
ALJ

Dynasty Resources, Inc.

Temporary reinstatement proceeding dismissed

The Secretary of Labor sought temporary reinstatement for Jimmy D. Carnes in a proceeding involving Dynasty Resources' No. 3 Mine. The Secretary moved to withdraw the application because Carnes had obtained other employment. Judge Gary Melick approved the withdrawal and dismissed the proceeding…

July 2, 1996 ·Gary Melick ·FMSHRC
Procedural
COMM

Amerisig Southeast, Inc.

Printing-press guarding item classified as repeated

Three Amerisig employees suffered serious hand injuries from unguarded printing or binding machinery over eight months. The citation on review arose when a press unexpectedly reversed during the webbing-up process and pulled an employee's hand into the rollers. The Commission found that an…

July 2, 1996 ·OSHRC
Modified
ALJ

Dr. Dione Williams

Hepatitis B vaccination citation vacated

OSHA cited Dr. Dione Williams for allegedly failing to make hepatitis B vaccination available to an employee who requested it after initially declining it. The doctor told the employee that the vaccination was free at a nearby hospital. The employee knew the hospital's location, had transportation…

July 1, 1996 ·Michael H. Schoenfeld ·OSHRC
Citations vacated
ALJ

Minelli Construction Company, Inc.

Mixed ruling on bridge rehabilitation safety citations

Minelli Construction Company was a subcontractor performing rehabilitation work on a New York Thruway bridge. OSHA cited the company for alleged hazards involving eye and face protection, hazard communication, fall protection, electrical equipment, suspended scaffolds, access, and gasoline storage…

July 1, 1996 ·Robert A. Yetman ·OSHRC
Mixed result
ALJ

Knife River Coal Mining Co.

Discriminatory discharge found

Arthur R. Olmstead worked for Knife River Coal Mining Co. at its Savage Mine and was known for raising safety concerns. Judge T. Todd Hodgdon found that the company discharged Olmstead for repeatedly making safety complaints, rather than for the stated reason of dishonesty about his medical status…

June 28, 1996 ·T. Todd Hodgdon ·FMSHRC
Citations affirmed
COMM

Ogden Air Logistics Center, Hill Air Force Base, Utah and American Federation of Government Employees, Local 1592

Ogden Air Logistics Center and AFGE Local 1592 (FLRA DE-CA-30326): training comment did not violate union rights

During a Hill Air Force Base training session for supervisors, an employee assistance program coordinator said that filing many grievances could be one possible sign of an employee needing counseling. A union steward attended the session, and a complaint alleged that the remark threatened employees…

June 28, 1996 ·FLRA
Upheld
COMM

U.S. Department of Justice, Immigration and Naturalization Service, Northern Region, Twin Cities, Minnesota and National Border Patrol Council, American Federation of Government Employees

INS Northern Region and National Border Patrol Council (FLRA 7-CA-10373): some disciplinary records required

The National Border Patrol Council requested records to represent an agent facing proposed removal. After a court remand, the Authority reviewed whether each requested category was necessary for the union's work. It found that the union had explained its need for comparable disciplinary and adverse…

June 28, 1996 ·FLRA
Mixed result
COMM

U.S. Department of the Treasury, Internal Revenue Service, Brooklyn District and National Treasury Employees Union

IRS Brooklyn District and NTEU (FLRA 0-AR-2636): retroactive promotion award set aside

An IRS employee hired as a GS-5 revenue officer sought a retroactive GS-7 promotion after missing the deadline to appeal his civil service examination rating. An arbitrator found an administrative error and ordered the IRS to waive the time-in-grade requirement, promote him and pay backpay. The…

June 28, 1996 ·FLRA
Set aside
COMM

American Federation of Government Employees, Locals 1666 and 1931, and Department of Veterans Affairs Northern California System of Clinics

AFGE locals and VA Northern California clinics (FLRA SF-CO-31242): dues cancellation forms must be supplied

Two VA clinic employees repeatedly asked to stop payroll deductions for union dues but had difficulty obtaining and processing cancellation forms. The Authority found that the national agreement's requirement to submit forms through the union was lawful on its face, so it dismissed the claims…

June 27, 1996 ·FLRA
Mixed result
COMM

Tilda Cole v. East Kentucky Collieries

Cole v. East Kentucky Collieries (BRB 94-0398): Benefit award returned for revised findings

Tilda Cole sought black lung survivor benefits based on her miner husband's disability. A judge awarded benefits and chose June 1979 as the start date. The Board held that the judge had used the invalid true-doubt rule for one finding that triggered a presumption of entitlement, although a separate…

June 27, 1996 ·BRB
Remanded
ALJ

Barrick Goldstrike Mines, Inc.

Discrimination complaint dismissed

Donald S. Wallace alleged that Barrick Goldstrike Mines fired him in retaliation for safety-related communications and efforts to establish a miners' representative. Judge Arthur J. Amchan found that Wallace's radio instruction to skip a scheduled lunch break was not protected activity and that the…

June 26, 1996 ·Arthur J. Amchan ·FMSHRC
Other
ALJ

Cyprus Cumberland Resources

One withdrawal order affirmed and one vacated

Cyprus Cumberland Resources challenged two withdrawal orders issued after an MSHA inspector found extensive coal and coal-dust accumulations and alleged that a pre-shift examination failed to record hazardous conditions. Judge Paul Merlin affirmed the order concerning the accumulations under 30…

June 26, 1996 ·Paul Merlin ·FMSHRC
Mixed result
ALJ

Northern Illinois Service Co.

Two mine safety citations affirmed

Northern Illinois Service operated a limestone quarry near Rockford, Illinois. MSHA cited the company for an uncovered energized electrical outlet box and uncovered valves on stored compressed-gas cylinders, under 30 C.F.R. §§ 56.12030 and 56.16006. The judge rejected the company’s arguments that…

June 26, 1996 ·Jerold Feldman ·FMSHRC
Citations affirmed
ALJ

Blue Bayou Sand and Gravel

Remand penalty set at $1,200

The Commission remanded Blue Bayou Sand and Gravel’s case after reversing the ALJ’s earlier conclusions that the violation was not significant and substantial and did not present an imminent danger. Judge Avram Weisberger found that the violation’s gravity was very high under the Commission’s…

June 25, 1996 ·Avram Weisberger ·FMSHRC
Modified
COMM

U.S. Department of Justice, Federal Bureau of Prisons, Atlanta, Georgia and American Federation of Government Employees, Council of Prisons Local 1145

Atlanta federal prison and AFGE Local 1145 (FLRA 0-AR-2811): higher-grade backpay award set aside

A GS-11 contract specialist at the Atlanta federal prison grieved that she had performed GS-12 duties without higher pay. An arbitrator found she had performed those duties for six months and awarded the pay difference. The Authority held that the grievance did not improperly seek reclassification…

June 25, 1996 ·FLRA
Set aside
COMM

U.S. Department of the Navy, Fleet and Industrial Supply Center, Norfolk, and American Federation of Government Employees, International Association of Machinists, and National Association of Government Employees locals

Navy Norfolk supply center and unions (FLRA WA-CU-50062): unit review and reorganization briefing ordered

Following a Navy supply center reorganization, a regional director placed transferred employees into existing bargaining units under accretion principles. Two unions sought review, arguing that successorship principles should apply instead. The Authority granted review of that legal question and…

June 24, 1996 ·FLRA
Procedural
COMM

Department of the Navy, Naval Supply Center and Fleet and Industrial Supply Center, Puget Sound, and Bremerton Metal Trades Council and American Federation of Government Employees

Navy Puget Sound supply centers and unions (FLRA SF-AC-50070): unit placement review opened

After a Navy supply center reorganization, a regional director placed employees at the Everett detachment in one bargaining unit but treated employees at the Concord detachment differently under successorship principles. The Navy sought review of the Concord ruling. The Authority granted review to…

June 24, 1996 ·FLRA
Procedural
COMM

Alton Renfroe v. Ingalls Shipbuilding, Incorporated; Malcolm Billings v. Bath Iron Works Corporation

Renfroe and Billings (BRB 91-170 and 94-3702): hearing loss interest starts when benefits become due

The Board considered interest on unpaid hearing loss benefits for retirees Alton Renfroe and Malcolm Billings. It held that interest begins when compensation becomes due after the employer receives notice or learns of the injury, rather than at the worker's last noise exposure. It modified the…

June 24, 1996 ·BRB
Modified
ALJ

Jim Walter Resources, Inc.

Remand settlement approved

The Commission remanded this case for reconsideration of penalties and related expenses in proceedings involving alleged violations of Mine Act sections 103(f) and 105(c). The parties then asked the judge to approve a settlement. Judge Avram Weisberger approved it, requiring Jim Walter Resources to…

June 21, 1996 ·Avram Weisberger ·FMSHRC
Settled
ALJ

Bruce Young and Yogo, Inc.

Discrimination settlement approved

Bruce Young and Yogo, Inc. resolved a discrimination proceeding involving Andy Howard, Jr.’s alleged discharge. The settlement required compensation of $4,350 for alleged mental and emotional distress, expungement of references to the separation and complaint, limits on information provided to…

June 21, 1996 ·Arthur J. Amchan ·FMSHRC
Settled
COMM

United States Steel Mining Company, Inc.

Trolley wire safeguard violation affirmed S&S

United States Steel Mining operated an underground coal mine where a trolley wire safeguard was intended to prevent equipment from losing power because of excessive kinks, bends, twists, or a wide track-to-wire gauge. The Commission held that the violation was significant and substantial under the…

June 20, 1996 ·FMSHRC
Citations affirmed
COMM

Mechanicsville Concrete, Inc. t/a Materials Delivery

S&S designation reversed, penalty affirmed

Mechanicsville Concrete operated a sand and gravel pit in Virginia. MSHA cited the company under 30 C.F.R. § 56.14100(b) after an inspector found a front-end loader without a windshield wiper arm and blade. The ALJ found the violation significant and substantial and assessed a $200 penalty…

June 20, 1996 ·FMSHRC
Modified
COMM

U.S. Department of the Treasury, Internal Revenue Service, Washington and Oklahoma City District, and National Treasury Employees Union

IRS Oklahoma City and NTEU (FLRA 76-CA-10959): appraisal disclosure complaint dismissed

NTEU requested performance appraisals from the IRS Oklahoma City district to investigate an employee's grievance alleging sex discrimination in her rating. The IRS asked why appraisals for employees in different jobs were necessary to assess the claim, but the union gave no further explanation…

June 20, 1996 ·FLRA
Set aside
COMM

U.S. Department of Transportation, Federal Aviation Administration and National Air Traffic Controllers Association

FAA and NATCA (FLRA 0-AR-2671): Sunday premium pay award set aside

Air traffic controllers sought Sunday premium pay for credit hours or compensatory time used during regularly scheduled Sunday shifts. An arbitrator awarded the pay, treating that time like paid leave. The Authority held that the statute ties Sunday premium pay to work performed and that a court…

June 20, 1996 ·FLRA
Set aside
COMM

Campo Landfill Project, Campo Band Indian Reservation

In re Campo Landfill Project, Campo Band Indian Reservation (EAB NSR Appeal No. 95-1): phased-offset review denied and first-phase remand

Backcountry Against Dumps and Ed and Donna Tisdale challenged an EPA permit for a four-phase municipal solid waste landfill on the Campo Band Indian Reservation. They argued that the permit should require all emissions offsets before the first phase and that EPA's alternatives analysis was…

June 19, 1996 ·EPA EAB
Mixed result
ALJ

Higman Sand and Gravel, Inc.

Mixed citation results with $1,245 penalty

Higman Sand and Gravel operated a sand and gravel mine and Screener Plant #1 in South Dakota. After a July 1995 inspection, Judge Arthur J. Amchan affirmed some guarding, handrail, records, seat-belt, horn, and service-brake violations, while vacating other citations and a section 104(b) order. He…

June 19, 1996 ·Arthur J. Amchan ·FMSHRC
Mixed result
COMM

Blue Bayou Sand and Gravel, Inc.

Defective brakes were S&S and created an imminent danger, with penalty reassessment remanded

Blue Bayou Sand and Gravel operated an open-pit sand and gravel mine where an inspector found a loaded haulage truck with service and parking brakes that did not work. The ALJ found a violation of the brake standard, but concluded that it was not significant and substantial and that the defective…

June 19, 1996 ·FMSHRC
Remanded
COMM

In re W-F-, Respondent

In absentia rule applied to every properly noticed hearing

The Board reviewed an in absentia deportation case involving a Polish citizen who was working on a commercial fishing vessel. The Immigration Judge denied a continuance after the respondent failed to appear for a properly noticed hearing, entered an in absentia deportation order, and later denied a…

June 18, 1996 ·BIA
Affirmed
COMM

In re S-P-, Applicant

Imputed political opinion supported asylum

The Board reviewed an asylum claim by a Sri Lankan Tamil welder who was forced to work for the Liberation Tigers of Tamil Eelam and later detained and abused by the Sri Lankan Army. The Immigration Judge found the applicant credible but concluded that the abuse resulted from Sri Lanka's civil…

June 18, 1996 ·BIA
Other
COMM

In re Alba Luz GUTIERREZ-Lopez, Respondent

Administrative closure did not bar adjustment request

The Board reviewed a Salvadoran respondent's motion to reopen after her deportation proceedings had been administratively closed under the American Baptist Churches settlement agreement. She sought to apply for adjustment of status under section 245(i) and did not ask to reinstate her previously…

June 18, 1996 ·BIA
Remanded
COMM

Johnnie Downs v. Ingalls Shipbuilding, Incorporated

Downs v. Ingalls Shipbuilding (BRB 95-1682): withdrawal of protective claim affirmed

Johnnie Downs filed a claim for a pulmonary condition linked to work at Ingalls Shipbuilding, but said he had no current disability and sought no medical benefits. Before the claim was adjudicated, he requested withdrawal without prejudice. The employer objected and had moved to bar the claim based…

June 18, 1996 ·BRB
Procedural
ALJ

Linda S. Sparks v. Old Ben Coal Company

Discrimination complaint dismissed

Linda S. Sparks alleged that Old Ben Coal placed her in a chronic and excessive absenteeism program in retaliation for safety complaints about the steps leading to a gob scraper truck and other workplace conditions. Judge Avram Weisberger found that her safety complaints were protected activity and…

June 17, 1996 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Jim Walter Resources, Inc.

Combustible-accumulation order affirmed

Jim Walter Resources operated the No. 7 underground coal mine in Alabama. An MSHA inspector found extensive accumulations of loose coal, coal dust, and float coal dust along a 3,500-foot belt entry, including rollers submerged in dust and hot rollers and rubbing points that could ignite combustible…

June 14, 1996 ·William Fauver ·FMSHRC
Citations affirmed
COMM

In re Luaiva Tui FUALAAU, Respondent

Reckless simple assault was not moral turpitude

The Board reviewed the Immigration and Naturalization Service's appeal from an order terminating deportation proceedings against a Western Samoan lawful permanent resident. The respondent had a Hawaii conviction for third-degree assault based on reckless conduct that caused bodily injury, and he…

June 14, 1996 ·BIA
Affirmed
COMM

In re Gustavo Alonzo GRIJALVA-Barrera, Respondent

Counsel error supported rescission of in absentia order

The Board reviewed a Mexican lawful permanent resident's appeal from the denial of a motion to reopen an in absentia deportation order. The respondent said his former counsel's employee incorrectly told him that the hearing had been continued, so he did not appear. The Board held that ineffective…

June 14, 1996 ·BIA
Remanded
COMM

In re Luis Alfonso SANCHEZ-Avila, Applicant

Border return did not support in absentia exclusion

The Board reviewed certified exclusion proceedings involving a Mexican resident commuter who was refused admission at a land border and served with a notice for a later exclusion hearing. The Immigration and Naturalization Service did not detain or parole him, but sent him back to Mexico, and he…

June 14, 1996 ·BIA
Affirmed
COMM

In re Sukwinder SINGH, Applicant

CS1 status did not justify ending exclusion proceedings

The Board reviewed the Service's appeal after an Immigration Judge terminated exclusion proceedings for an Indian legalization applicant who had returned from India without advance parole. The Board held that a pending section 245A legalization application and a CS1 class designation did not give…

June 14, 1996 ·BIA
Remanded
COMM

Matter of L-O-G-

Motion to reopen granted for suspension-of-deportation application

The Board granted a mother and her 15-year-old daughter’s motion to reopen their deportation proceedings so they could apply for suspension of deportation. The record showed that the respondents had lived in the United States for many years, the mother had a 6-year-old United States citizen child…

June 14, 1996 ·BIA
Remanded

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.