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.

60,101 decisions and counting · Latest decision October 28, 2026
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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 and AFGE (FLRA WA-CA-30789): holiday staffing complaint dismissed

The Border Patrol instructed supervisors to keep Sunday and holiday staffing to the minimum needed during a budget shortfall. It did not notify the National Border Patrol Council before sending the instruction, and the union alleged that the agency had to bargain over its impact. An administrative…

May 10, 1996 ·FLRA
Upheld
ALJ

Aero Energy, Incorporated

Discrimination proceeding dismissed

Major Tony Thompson alleged that Aero Energy dismissed or sidelined him after he reported methane concerns and spoke with MSHA inspectors. The judge credited Fought's account of dissatisfaction with Thompson's work and conduct, and found that Fought sent him home and wrote a disciplinary letter…

May 10, 1996 ·Avram Weisberger ·FMSHRC
Other
COMM

F.A. Bartlett Tree Expert Co., Inc.

Commission declines interlocutory review and reassigns a rejected-settlement case

F.A. Bartlett Tree Expert Co. does line-clearance tree trimming. After a June 1995 job in Old Lyme, Connecticut, OSHA issued a serious citation for failing to keep employees the minimum distance from energized parts and an other-than-serious citation for a missing face shield at a wood chipper…

May 10, 1996 ·OSHRC
Procedural
COMM

Weldon M. Green v. C.J. Langenfelder & Son, Incorporated

Green v. C.J. Langenfelder & Son (BRB 93-1033): dredge crew status requires further findings

Weldon Green injured his shoulder while repairing a conveyor belt aboard an oyster shell dredge in Chesapeake Bay. The judge denied his Longshore Act claim because he found Green to be a crew member of a vessel in navigation. The Board held that calling the craft a dredge did not, by itself…

May 9, 1996 ·BRB
Remanded
ALJ

Twentymile Coal Company

Discrimination complaint dismissed

Ross S. Stewart alleged that Twentymile Coal Company terminated him in retaliation for reporting alcohol concerns, questioning the safety of shuttle-car wheel rims, and testifying in another Mine Act case. The judge found those activities were protected, but concluded that the discharge was…

May 7, 1996 ·Richard W. Manning ·FMSHRC
Other
ALJ

Cyprus Cumberland Resources Corp.

Haulage safeguard order modified

MSHA alleged that Cyprus Cumberland Resources violated a haulage safeguard at the Cumberland Mine when a vehicle entered a signal block without confirming that the block was clear. The judge found that a communication failure violated the safeguard, but the evidence did not establish that the…

May 7, 1996 ·Jerold Feldman ·FMSHRC
Modified
ALJ

Sloan Steel Erectors and Equipment Rental, Inc.

Late notice of contest dismissed, citation affirmed by operation of law

Sloan Steel Erectors and Equipment Rental received an OSHA citation and proposed penalty by certified mail on September 26, 1995. Under the OSH Act an employer has 15 working days to file a written notice of contest, which set Sloan's deadline at October 18, 1995. The parties held an informal…

May 6, 1996 ·Irving Sommer ·OSHRC
Procedural
ALJ

National Engineering & Contracting Company

Willful crane-overturn items vacated, seat-belt and ladder items affirmed serious, $2,500

National Engineering & Contracting was the general contractor on an Ohio Department of Transportation soil-erosion project along a ravine in Lakewood, Ohio. A 28-ton Grove crane overturned into the ravine on August 19, 1994, injuring the operator, which prompted an OSHA inspection and two…

May 6, 1996 ·Paul L. Brady ·OSHRC
Mixed result
ALJ

Harbert-Yeargin, Inc.

Seven electrical and scaffold items affirmed serious, four vacated, $4,500

Harbert-Yeargin was the general contractor building a cogeneration power plant in Fort Myers, Florida, that would turn municipal solid waste into steam and electricity for Lee County. While inspecting the site over another contractor in June 1994, an OSHA compliance officer also cited…

May 6, 1996 ·Ken S. Welsch ·OSHRC
Mixed result
COMM

Faith Coal Co.

Late brief accepted and dismissal denied

Faith Coal failed to file its opening brief after the Commission granted discretionary review. After receiving a show-cause order, the company explained that it was a pro se operator and did not know that a written designation was required. The Commission excused the late response, accepted Faith's…

May 3, 1996 ·FMSHRC
Procedural
COMM

District of Columbia, Department of Public Works

In re District of Columbia, Department of Public Works (EAB NPDES Appeal No. 95-5): permit conditions remanded

EPA amended the District of Columbia Department of Public Works' NPDES permit for the Blue Plains Waste Water Treatment System to add Combined Sewer Overflow control conditions. The Department sought an evidentiary hearing on several conditions, and the Regional Administrator denied the hearing…

May 3, 1996 ·EPA EAB
Remanded
COMM

District of Columbia, Department of Public Works

In re District of Columbia, Department of Public Works (EAB NPDES Appeal No. 95-5): CSO permit conditions remanded

EPA Region III issued a permit amendment for the District of Columbia's Blue Plains wastewater treatment system that added Combined Sewer Overflow conditions. The District requested an evidentiary hearing, but the Regional Administrator denied the request after treating the conditions as…

May 3, 1996 ·EPA EAB
Remanded
COMM

Broken Hill Mining Company, Inc.

Appeal dismissed for failure to file brief

Broken Hill Mining Company appealed a civil penalty proceeding, but it did not file the opening brief required after the Commission granted review. The Secretary of Labor moved to dismiss the appeal, and Broken Hill did not oppose the motion. The Commission also gave the company an opportunity to…

May 3, 1996 ·FMSHRC
Procedural
COMM

Alabama Association of Civilian Technicians and U.S. Department of Defense, Alabama State Military Department, Alabama National Guard

Alabama civilian technicians and National Guard (FLRA 0-AR-2792): fee request may follow award

An arbitrator ordered backpay for an Alabama National Guard employee who was paid too little during a temporary promotion. The arbitrator declined the union's request to keep the case open for an attorney-fee application. The union claimed that refusal was unlawful and asked the Authority to return…

May 3, 1996 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R3-10 and U.S. Department of Transportation, Federal Aviation Administration

NAGE Local R3-10 and FAA (FLRA 0-AR-2763): reduction-in-force grievance denied

NAGE Local R3-10 and the FAA negotiated a reduction-in-force agreement for air traffic assistants based on one competitive level. The FAA later used three levels after a Merit Systems Protection Board ruling; it had not told the union about that pending case during negotiations. An arbitrator…

May 3, 1996 ·FLRA
Upheld
ALJ

Cannelton Industries, Inc.

Coal accumulation violation and foremen liability affirmed

Cannelton Industries operated the Stockton Mine, where an inspector found a large accumulation of loose coal and coal dust beneath a belt scraper. Judge T. Todd Hodgdon found that the accumulation developed over about two weeks and that the operator's foremen made little or no effort to remove it…

May 2, 1996 ·T. Todd Hodgdon ·FMSHRC
Citations affirmed
ALJ

C.W. Mining Company

Respirable-dust citation vacated

C.W. Mining Company's Bear Canyon #1 Mine was cited after five operator dust samples averaged 1.9 milligrams of respirable dust per cubic meter. MSHA had assigned a 1.2-milligram limit to a replacement continuous miner, but that lower limit belonged to an older machine that had been scrapped. The…

May 2, 1996 ·August F. Cetti ·FMSHRC
Citations vacated
ALJ

FMC Wyoming Corporation

Two citations vacated

MSHA cited FMC Wyoming Corporation at the FMC Trona Mine for alleged violations involving guarding of moving machine parts and noise exposure. After reviewing photographs at the hearing, the Secretary agreed that the coupling and drive shaft between a motor and hoist were guarded, though the…

May 2, 1996 ·August F. Cetti ·FMSHRC
Citations vacated
ALJ

FMC Wyoming Corporation

Arc-welding citations settled

MSHA cited FMC Wyoming Corporation for two alleged violations of the arc-shield requirement at the FMC Trona Mine. The parties agreed to settle the case for $50 on each citation, while FMC did not admit a violation. Judge August F. Cetti found the settlement consistent with the Mine Act's penalty…

May 2, 1996 ·August F. Cetti ·FMSHRC
Settled
ALJ

C.W. Mining Company

Four citations resolved by settlement

C.W. Mining Company operated the Bear Canyon No. 1 Mine. MSHA alleged four safety violations involving an inadequate preshift examination, coal and coal-dust accumulations, equipment, and electrical equipment. The parties agreed to modify the preshift citation by deleting its…

May 2, 1996 ·August F. Cetti ·FMSHRC
Mixed result
COMM

Naval Air Station Fallon, Fallon, Nevada and James Hall and International Association of Fire Fighters, Local F-268

Naval Air Station Fallon and Fire Fighters Local F-268 (FLRA SF-DR-40060): petition withdrawal stands

An employee petitioned for an election to decertify the firefighters' union at Naval Air Station Fallon, then withdrew the petition while challenged ballots remained unresolved. The regional director approved the withdrawal. A person claiming to represent a union officer challenged that action, and…

April 30, 1996 ·FLRA
Upheld
COMM

Social Security Administration, Dallas Region, Dallas, Texas and American Federation of Government Employees, Local 1336

SSA Dallas Region and AFGE Local 1336 (FLRA 6-CA-10825): notice violation upheld, disclosure claim dismissed

AFGE Local 1336 requested supervisors' notes about an SSA employee it represented in a performance appraisal grievance. The Authority held that SSA did not have to provide the notes because the union had not explained its particular need when it requested them, and the reason was not clear from the…

April 30, 1996 ·FLRA
Mixed result
COMM

Federal Employees Metal Trades Council, Local 127 and U.S. Department of the Navy, Mare Island Naval Shipyard, Mare Island, California

Metal Trades Council and Mare Island Shipyard (FLRA 0-AR-2783): grievance dismissal upheld

The Metal Trades Council sought arbitration over a reduction in force at Mare Island Naval Shipyard. After a hearing was postponed, the arbitrator found that the union had been notified of a new hearing date but had not diligently prepared to proceed, and dismissed its grievance. The union argued…

April 30, 1996 ·FLRA
Upheld
COMM

Overseas Education Association and U.S. Department of Defense Dependents Schools, Arlington, Virginia

Overseas Education Association and DoD schools (FLRA 0-AR-2635): recess pay rate upheld

The Overseas Education Association grieved the pay rate used for educators who worked after August 1 but before the new school year began. DoD Dependents Schools paid that work under its recess-period schedule, which used the prior school year's daily rate. The union argued that a DoD directive…

April 30, 1996 ·FLRA
Upheld
COMM

Chem-Nuclear Systems, Inc., and Chemical Waste Management, Inc.

In re Chem-Nuclear Systems, Inc., and Chemical Waste Management, Inc. (EAB CERCLA 106(b) Petition No. 94-11): reimbursement denied

Chem-Nuclear Systems, Inc., and its parent corporation Chemical Waste Management, Inc., sought reimbursement for response costs incurred while complying with an EPA Region IV order concerning hazardous substances at the Basket Creek Drum Disposal Site in Douglasville, Georgia. The Environmental…

April 29, 1996 ·EPA EAB
Other
COMM

Florence Flynn v. John T. Clark & Sons

Flynn v. John T. Clark & Sons (BRB 93-1011): carrier may credit mistaken benefit overpayments

Florence Flynn received Longshore Act death benefits after her husband's death at work. The carrier mistakenly increased those payments using a Massachusetts cost-of-living rule that did not apply to the federal award, then sought to recover the excess from future benefits. The judge denied a…

April 29, 1996 ·BRB
Vacated
ALJ

ICG Electric, Inc.

Trench inspection and cave-in protection violations affirmed, one serious and one repeat, $12,000

ICG Electric installs underground lines and was working two excavations at an intersection in Aurora, Colorado. Acting on a complaint from the Aurora Fire Department, an OSHA compliance officer inspected the site and found employees in unshored trenches roughly five and a half to six feet deep, in…

April 29, 1996 ·Benjamin R. Loye ·OSHRC
Citations affirmed
ALJ

Phelps Dodge Morenci, Inc.

Discrimination complaint dismissed for failure to state a claim

Clyde Perry alleged that Phelps Dodge Morenci discharged him after he complained that his medical condition made truck-driving work unsafe and after a dispute about a drug test. Judge Arthur J. Amchan held that an injury, inability to perform assigned work, and refusal to take a drug test were not…

April 26, 1996 ·Arthur J. Amchan ·FMSHRC
Procedural
ALJ

Wharf Resources (USA), Inc.

Discrimination complaint dismissed

Thomas L. Crowder alleged that Wharf Resources removed him from a supervisory position after an anhydrous-ammonia release while he was installing a test gauge on a pump. Judge August F. Cetti found that the complaint did not identify protected Mine Act activity and that disciplinary action over the…

April 25, 1996 ·August F. Cetti ·FMSHRC
Procedural
COMM

Willie L. Bolden v. G.A.T.X. Terminals Corporation

Bolden v. G.A.T.X. Terminals (BRB 93-0204): denial of back-injury claim affirmed

Willie Bolden, a maintenance mechanic, claimed that he hurt his back when his wrenches slipped while tightening a boom's base bolts. The employer had paid temporary disability benefits, but the judge denied his later Longshore Act claim after finding that Bolden had not proved the specific work…

April 25, 1996 ·BRB
Affirmed
COMM

Montana Sulphur and Chemical Co.

Commission vacates the two hydrogen-sulfide respirator items after the Secretary withdraws them

Montana Sulphur and Chemical Company makes chemicals, including liquefied hydrogen sulfide, at a plant in Billings, Montana. After a 1994 inspection, OSHA cited the company and the parties settled every item except two serious ones: that loading-crew employees did not wear supplied-air respirators…

April 25, 1996 ·OSHRC
Citations vacated
COMM

U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine and National Association of Agriculture Employees

USDA plant protection officers (FLRA 0-AR-2708): temporary promotion award upheld

Plant protection and quarantine officers grieved that USDA assigned them higher-grade duties for years before permanently promoting them from GS-9 to GS-11. An arbitrator awarded retroactive temporary promotions and backpay for two years before the permanent promotions. USDA argued that the award…

April 25, 1996 ·FLRA
Upheld
COMM

Thunder Basin Coal Company

Citation vacated for failure to post temporary reinstatement order

Thunder Basin Coal Company was cited for not posting a temporary reinstatement order on the mine bulletin board. The ALJ granted summary decision for Thunder Basin and vacated the citation. The Commission majority affirmed in result, holding that section 109(a) did not require posting temporary…

April 24, 1996 ·FMSHRC
Citations affirmed
COMM

Energy West Mining Company

Failure-to-abate order upheld, penalty remanded

Energy West Mining Company was cited after respirable-dust sampling at a mining unit showed concentrations above the applicable limit. The ALJ upheld a section 104(b) failure-to-abate order and assessed a $3,000 civil penalty. The Commission majority affirmed the order because substantial evidence…

April 24, 1996 ·FMSHRC
Mixed result
COMM

Glenn's Trucking Company, Inc.

Default order vacated and remanded

Glenn's Trucking Company failed to answer the Secretary's civil-penalty petition and a judge's order to show cause. The ALJ entered a default order assessing the proposed $2,000 penalty. Glenn's Trucking later sent the Commission an answer and a letter of protest and asked that the default be set…

April 24, 1996 ·FMSHRC
Remanded
COMM

Morton International, Inc., Morton Salt

Citations for methane in an abandoned area vacated

Morton International operated a domal salt mine in Louisiana. MSHA cited the company after an inspection found methane in an abandoned, unsealed area, alleging violations of standards requiring action at specified methane levels. The Commission majority held that those standards did not apply to…

April 24, 1996 ·FMSHRC
Citations affirmed
COMM

Matter of Pedro Aricio PICHARDO-Sufren

Firearm deportability charge not proven

The Board reviewed a lawful permanent resident’s appeal from a finding that he was deportable for a firearms offense and ineligible for section 212(c) relief. The only conviction document in the record did not identify the statutory subdivision or the weapon involved, and the respondent’s testimony…

April 23, 1996 ·BIA
Remanded
COMM

Matter of Max Alejandro MADRIGAL-Calvo

Firearms deportability finding affirmed

The Board dismissed a respondent’s appeal from a finding of deportability based on a conviction for criminal possession of a weapon in the fourth degree. The Board held that the transcript of the respondent’s plea and sentencing hearing was part of the record of conviction and established that the…

April 23, 1996 ·BIA
Affirmed
COMM

Matter of Victor Manuel de Fraga TEIXEIRA

Police report could not prove firearms deportability

The Board reviewed a Portuguese respondent’s appeal from a finding of deportability based on an alleged firearms conviction. The Board held that a police report, standing alone, is not part of the record of conviction and cannot establish that a conviction under a divisible weapons statute involved…

April 23, 1996 ·BIA
Vacated
COMM

Dallas D. Wooten v. Eastern Associated Coal Corporation

Wooten v. Eastern Associated Coal (BRB 95-0966): Modification request was timely

Dallas Wooten sought to reopen a denied black lung claim. The judge had issued the denial on June 23, 1992, and it was filed with the district director on July 1, 1992. Wooten requested modification on June 23, 1993, but another judge dismissed the request as one day late. The Board held that the…

April 23, 1996 ·BRB
Remanded
COMM

RNS Services, Inc.

Coal refuse pile subject to the Mine Act

RNS Services operated at a coal refuse pile and was cited for alleged violations involving workplace examinations and a mining plan. The ALJ vacated the citations after concluding that RNS was not engaged in the work of preparing coal and that the Mine Act did not apply at the site. The Commission…

April 22, 1996 ·FMSHRC
Citations affirmed
COMM

L&J Energy Company, Inc.

Ability to continue in business remanded

L&J Energy Company petitioned for discretionary review. The Commission granted review on the operator's ability to continue in business and remanded that issue to the judge for appropriate proceedings. It denied the petition in all other respects.

April 22, 1996 ·FMSHRC
Remanded
COMM

Jim Walter Resources, Inc.

Violation affirmed without S&S or unwarrantable-failure findings

Jim Walter Resources was cited for an accumulation of combustible material under 30 C.F.R. § 75.400, along with a withdrawal order. The ALJ affirmed the violation but found that it was not significant and substantial and was not caused by the operator's unwarrantable failure. The Commission…

April 19, 1996 ·FMSHRC
Citations affirmed
COMM

Peabody Coal Company

Negligence findings reversed and penalties remanded

Peabody Coal Company was cited after respirable-dust sampling showed violations of the applicable limit at continuous-miner units. The ALJ found high negligence and unwarrantable failure and assessed $15,000 in civil penalties. The Commission reversed those findings, concluding that the ALJ applied…

April 19, 1996 ·FMSHRC
Remanded
COMM

Internal Revenue Service, Austin District Office, Austin, Texas and National Treasury Employees Union, Chapter 52, Austin, Texas

IRS Austin District and NTEU Chapter 52 (FLRA DA-CA-30106): disclosure ruling split by case

NTEU Chapter 52 sought sanitized IRS disciplinary records to compare proposed penalties in two employee cases. The Authority split the result. For a case involving late tax returns, it treated the requested records as protected return information under 26 U.S.C. § 6103 and held that removing names…

April 19, 1996 ·FLRA
Mixed result
COMM

U.S. Department of Defense, Defense Contract Audit Agency, Central Region and American Federation of Government Employees, Local 3529

Defense Contract Audit Agency and AFGE Local 3529 (FLRA 0-AR-2789): Five-day suspension vacated

The Defense Contract Audit Agency suspended a contract auditor for five days after a coworker said she overheard remarks she believed were directed at supervisors. An arbitrator found that the suspension lacked the just cause required by the collective bargaining agreement and ordered the agency to…

April 19, 1996 ·FLRA
Upheld
ALJ

Walker Stone Company, Inc.

Lockout citation affirmed as modified, individual penalty dismissed

Walker Stone operated a quarry and mill that processed construction aggregates and road-building materials. MSHA cited the company after employees worked on an electrically powered log washer without deenergizing and locking out the equipment. Judge Roy J. Maurer found a violation of the lockout…

April 18, 1996 ·Roy J. Maurer ·FMSHRC
Mixed result
COMM

U.S. Department of the Air Force, 56th Support Group, MacDill Air Force Base and National Federation of Federal Employees, Local 153

MacDill Air Force Base and NFFE Local 153 (FLRA AT-CA-31308, AT-CA-40041): Performance plans ordered disclosed

NFFE Local 153 requested employees' performance plans, appraisals and a supervisor's work folder while investigating possible grievances over treatment of union officials. The Air Force's 56th Support Group refused to provide them. The Authority ordered disclosure of the performance plans because…

April 18, 1996 ·FLRA
Mixed result
COMM

De Atley Company, Inc.

Default judgment reopened and remanded

De Atley Company failed to answer the Secretary's civil-penalty petition and a show-cause order, so the chief judge entered a default order assessing a $1,019 penalty. The company later said it had reached a settlement, but the predecessor of office engineer Max Jensen resigned before signing the…

April 17, 1996 ·FMSHRC
Remanded
COMM

Mountain Top Trucking Company, Mayes Trucking Company, Inc., Elmo Mayes, William David Riley, and Anthony Curtis Mayes

Mountain Top Trucking Company and others (FMSHRC KENT 95-604-D and related dockets): Counsel appearance accepted in discrimination proceeding

The Secretary brought a discrimination proceeding on behalf of four miners. The presiding judge denied the appearance of private counsel for the individual miner complainants and certified that ruling for interlocutory review. The Commission accepted review, held that the miners had an unequivocal…

April 17, 1996 ·FMSHRC
Modified
COMM

Asarco Incorporated and Federated Metals Corporation

In re Asarco Incorporated and Federated Metals Corporation (EAB CERCLA 106(b) Petition No. 94-22): reimbursement denied

Asarco Incorporated and Federated Metals Corporation sought reimbursement for response costs incurred while complying with an EPA Region V order during a water main renovation project in Beckemeyer, Illinois. The order required them to test soil for lead, remove soil with elevated lead levels, and…

April 17, 1996 ·EPA EAB
Other
COMM

American Federation of Government Employees, Local 2142 and U.S. Department of the Army, Corpus Christi Army Depot

AFGE Local 2142 and Corpus Christi Army Depot (FLRA 0-AR-2787): Higher-grade duty grievances remain dismissed

Aircraft parts repairers at Corpus Christi Army Depot said they performed higher-graded work without additional pay. An arbitrator dismissed their grievances because they asked him to decide the grade level of duties in their permanent positions, a classification question excluded from the…

April 17, 1996 ·FLRA
Upheld
ALJ

New Jersey Monument Co.

Late notice of contest dismissed, citation affirmed by operation of law

New Jersey Monument Co. is a very small company with one shop employee. OSHA issued it a citation and proposed penalty by certified mail on June 16, 1995, received June 19, which set a July 11, 1995 deadline to file a written notice of contest. The company did not file on time. It later wrote to…

April 15, 1996 ·Irving Sommer ·OSHRC
Procedural
ALJ

DCL Construction, Inc.

Settlement approved with penalty reduction

DCL Construction faced one section 104(d)(1) citation and seven section 104(d)(1) orders. The parties asked the judge to approve a settlement reducing the proposed penalty from $6,700 to $4,690. The motion stated that the original penalty had been specially assessed and that DCL had no violations…

April 14, 1996 ·Richard W. Manning ·FMSHRC
Settled
ALJ

Nelson Brothers Inc.

Tanker-truck fall protection citation and imminent-danger order affirmed

Nelson Brothers supplied blasting agents and technical assistance to mines and used tanker trucks to transport emulsion. A driver was working on top of a tanker about nine feet above the ground without guard rails or a safety belt and line while opening portholes and removing material. Judge…

April 12, 1996 ·William Fauver ·FMSHRC
Citations affirmed
ALJ

Wallace Brothers, Inc.

Failure-to-abate penalties affirmed on remand

Wallace Brothers operated a portable crusher where inspectors found gaps and missing guarding around a tail pulley and a v-belt drive. The company did not correct the violations by the deadline, and the judge issued section 104(b) withdrawal orders. On remand, Judge Arthur J. Amchan found that the…

April 12, 1996 ·Arthur J. Amchan ·FMSHRC
Citations affirmed
ALJ

Leeco, Incorporated

Settlement confidentiality order

The Secretary brought a discrimination proceeding on behalf of Frank Scott against Leeco. After a hearing began, the parties reached a settlement and placed its terms on the record. The judge orally approved the settlement but stated that a written decision would follow. At the parties' request…

April 12, 1996 ·David F. Barbour ·FMSHRC
Settled
COMM

Matter of Jose MENDEZ-Moralez

Section 212(h) waiver denied

The Board dismissed a respondent’s appeal from a decision finding him deportable, denying adjustment of status, and denying a section 212(h) waiver of inadmissibility. The Board held that extreme hardship and statutory eligibility do not automatically entitle an applicant to a waiver, which remains…

April 12, 1996 ·BIA
Affirmed
COMM

U.S. Department of Justice, Federal Bureau of Prisons, Medical Facility for Federal Prisons and American Federation of Government Employees, Local 1612

Bureau of Prisons medical facility and AFGE Local 1612 (FLRA 0-AR-2709): officer's performance-log remedy upheld

A corrections officer reported an inmate's behavior to supervisors in a memorandum raising a staff safety concern. Her supervisor then entered two minimally satisfactory ratings in her performance log because she had not filed an incident report sooner. An arbitrator found the entries unjustified…

April 12, 1996 ·FLRA
Upheld
ALJ

Newmont Gold Company

Discrimination settlement approved and proceeding dismissed

Lance A. Paul alleged that Newmont Gold Company discriminatorily discharged him from work at the Gold Quarry mine in violation of section 105(c) of the Mine Act. An earlier decision found that the November 10, 1994 discharge was discriminatorily motivated. The parties then agreed that Newmont would…

April 11, 1996 ·Jerold Feldman ·FMSHRC
Settled

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.