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

Southern Minerals, Inc., True Energy Coal Sales, Inc., and Fire Creek, Inc.

Review petition denied as premature

The Secretary of Labor asked the Commission to review an administrative law judge's partial decision dismissing True Energy Coal Sales from the proceedings. The judge had concluded that True Energy was not an operator under section 3(d) of the Mine Act. The Commission held that the dismissal was…

January 22, 1996 ·FMSHRC
Procedural
ALJ

S & H Mining, Inc.

Roof-control penalty increased on remand

S & H Mining operated Mine No. 7 and was cited for two violations of its approved roof-control plan under 30 C.F.R. § 75.220. Judge Jerold Feldman reinstated the significant-and-substantial designation for the order involving a 20-foot pillar cut that exceeded the revised plan's 15-foot limit…

January 22, 1996 ·Jerold Feldman ·FMSHRC
Modified
COMM

Contractors Crane Service, Inc.

Commission reinstates a dismissed notice of contest and remands

Contractors Crane Service, Inc., a Vermont company representing itself, contested OSHA citations but did not file an answer to the Secretary's complaint. Chief Administrative Law Judge Irving Sommer issued an order to show cause, and when the company did not respond, he dismissed its notice of…

January 19, 1996 ·OSHRC
Remanded
COMM

Trico Technologies Corp.

Failure-to-abate notice restored and remanded, while recordkeeping violations stay other-than-serious rather than willful

Trico Technologies ran a manufacturing plant in Brownsville, Texas, with a press room where workers handled parts coming off power presses. In 1988 OSHA cited the company for a personal protective equipment violation (29 C.F.R. § 1910.132(a)) after press-room employees developed skin rashes from…

January 19, 1996 ·OSHRC
Mixed result
ALJ

Somerset Mining Company

Roof-control citation vacated

Somerset Mining operated the Sanborn Creek underground coal mine in Colorado and contested a citation alleging that its roof-control plan did not comply with 30 C.F.R. § 75.220(a)(1). The dispute concerned whether Somerset could use double splitting of certain pillars during retreat mining in the B…

January 17, 1996 ·August F. Cetti ·FMSHRC
Citations vacated
ALJ

Stillwater Mining Company

Chute-hangup citation partly affirmed

Stillwater Mining operated an underground platinum mine in Montana where a miner was injured when a chute gate closed while he was near the chute mouth. Judge Arthur J. Amchan found that the Secretary proved a violation of 30 C.F.R. § 57.9310(b) because the miner used an improper method to place…

January 17, 1996 ·Arthur J. Amchan ·FMSHRC
Mixed result
ALJ

Bruce Young, d/b/a BNA Trucking and Yogo, Inc.

Discrimination case settled with reinstatement

William DeLong brought a Mine Act discrimination case arising from his alleged February 23, 1995 discharge by BNA Trucking and Yogo, Inc. The parties agreed to reinstate him as a truck driver as of October 10, 1995, recognize his seniority from his first employment in August 1994, and pay him…

January 17, 1996 ·Arthur J. Amchan ·FMSHRC
Settled
COMM

Matter of Manuel Ignacio GALLARDO-Fresneda

Visa Waiver admission did not bar a bond hearing

The respondent entered the United States under the Visa Waiver Pilot Program, overstayed, and later applied for asylum and withholding of deportation. The Immigration Judge found that the respondent could not seek a bond redetermination hearing because of the Visa Waiver Program. The Board held…

January 17, 1996 ·BIA
Remanded
COMM

U.S. Department of the Treasury, United States Customs Service, New York, New York and National Treasury Employees Union, Chapter 153

New York Customs Service and NTEU Chapter 153 (FLRA 0-AR-2658): Reduced discipline upheld

The Customs Service suspended an inspector for ten days after negligent performance of his duties. An arbitrator found the suspension excessive and reduced it to an official reprimand, considering the circumstances under the parties' agreement. The agency argued that she had misunderstood how its…

January 17, 1996 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Division of Audit Resolution and National Treasury Employees Union, Chapter 229

HHS audit office and NTEU Chapter 229 (FLRA 0-AR-2612): Career ladder promotions upheld

Three accountants in a Health and Human Services audit office sought promotions from GS-13 to GS-14. An arbitrator found that their positions had a career ladder to GS-14 and that they met the agreement's promotion conditions. He awarded retroactive promotions and backpay. The Authority rejected…

January 17, 1996 ·FLRA
Upheld
ALJ

Jim Walter Resources, Inc.

Methane orders affirmed and modified

Jim Walter Resources operated coal mines with recurring methane problems and contested several orders and citations. Judge T. Todd Hodgdon found that placing curtains to divert methane away from a monitor violated the methane-monitor and methane-control standards, and that both violations were…

January 16, 1996 ·T. Todd Hodgdon ·FMSHRC
Mixed result
COMM

National Education Association, Overseas Education Association, Laurel Bay Teachers Association and U.S. Department of Defense, Department of Defense Domestic Schools, Laurel Bay Dependents Schools

Laurel Bay teachers and Defense schools (FLRA 0-NG-2222): Some bargaining provisions restored

A teachers' union challenged the Defense Department's disapproval of provisions about the workday and union meetings at Laurel Bay schools. The Authority found that a 7:45 to 3:15 normal duty day was negotiable because, as the union explained it, the sentence defined hours for compensation and did…

January 11, 1996 ·FLRA
Mixed result
COMM

U.S. Department of Health and Human Services, Social Security Administration, Kansas City, Missouri and American Federation of Government Employees, Local 1336

Kansas City Social Security appraisal (FLRA 0-AR-2673): Reappraisal ordered and award modified

A Kansas City Social Security employee grieved his performance appraisal and the denial of a performance award. The arbitrator canceled the appraisal, substituted the employee's prior year rating, and ordered a performance award. The Authority left the cancellation in place but struck the…

January 11, 1996 ·FLRA
Modified
ALJ

Davy Songer, Inc.

The top of a shipping crate workers stood on to rig out machinery was a "walking/working surface" requiring fall protection

Davy Songer, Inc. was a construction contractor with about 290 employees at a worksite in Canton, Ohio. OSHA issued a six-item serious citation, and the company and the Secretary settled all but one item before the hearing. The remaining item (item 4) was decided on the written record without a…

January 8, 1996 ·Nancy J. Spies ·OSHRC
Citations affirmed
ALJ

E & E Contractors, Inc.

Employer defaults by not showing for trial, so the citations are affirmed by default judgment

E & E Contractors, Inc., a Syracuse, New York company, contested an OSHA case in which the Secretary of Labor had alleged 46 items across three citations (serious, repeat, and other-than-serious) with a total proposed penalty of $39,600. After the company's non-attorney representative withdrew, the…

January 8, 1996 ·Barbara L. Hassenfeld-Rutberg ·OSHRC
Citations affirmed
ALJ

The Velotta Company

A general contractor must keep hazard-communication records for the lead paints its subcontractors use near its own workers

The Velotta Company was the general contractor on a bridge rehabilitation project, the Norwood Lateral, in Cincinnati, Ohio. Subcontractors did the lead-paint blasting and repainting inside containments, but Velotta's carpenters and laborers sometimes had to work right next to those areas, and on…

January 2, 1996 ·Paul L. Brady ·OSHRC
Citations affirmed
ALJ

Columbia Presbyterian Hospital

Surgical-mask TB citation vacated because the hospital lacked fair notice that only NIOSH respirators would do

OSHA inspected Columbia Presbyterian Hospital in New York City in June 1992, during a period when a tuberculosis (TB) outbreak had struck hospitals in the New York and New Jersey area. The hospital workers' union, Local 1199, took part as the authorized employee representative. The parties settled…

January 2, 1996 ·Irving Sommer ·OSHRC
Citations vacated
ALJ

In re: Contests of Respirable Dust Sample Alteration Citations

Proceedings held pending appeal

This master docket involved more than 3,700 contests concerning alleged alteration of respirable-dust samples. After the Secretary petitioned the U.S. Court of Appeals for the District of Columbia Circuit for review of the Commission's November 29, 1995 decision, Chief Administrative Law Judge Paul…

January 2, 1996 ·Paul Merlin ·FMSHRC
Procedural
COMM

National Association of Government Employees, Local R7-36 and U.S. Department of the Army, Savanna Army Depot Activity, Savanna, Illinois

Savanna Army Depot shift differential (FLRA 0-AR-2695): Higher hazard pay denied for other shifts

Savanna Army Depot employees worked on artillery projectiles whose propellant bags could be torn. The agency paid an 8 percent environmental differential on shifts when workers found torn bags, but paid a 4 percent differential on other shifts. The union sought the higher rate for all shifts…

December 29, 1995 ·FLRA
Upheld
COMM

General Road Trucking Corp.

Default order vacated and remanded

General Road Trucking failed to answer the Secretary's proposed penalty assessment and an ALJ's show-cause order, so the judge entered a default order assessing a $1,200 penalty. The Commission treated the company's later letter as a timely petition for discretionary review, even though it did not…

December 26, 1995 ·FMSHRC
Remanded
COMM

Federal Bureau of Prisons, Allenwood Federal Prison Camp, Montgomery, Pennsylvania and American Federation of Government Employees, Local 148, AFL-CIO

Allenwood prison promotion case (FLRA BP-CA-20160 and BP-CA-20161): Promotion remedy retained, crediting plan claim dismissed

A union at Allenwood Federal Prison Camp challenged the nonselection of a union officer for a supervisory promotion and sought documents used in the selection process. The Authority kept the judge's remedy for the discriminatory nonselection: the prison must retroactively promote the employee, make…

December 22, 1995 ·FLRA
Mixed result
COMM

Department of the Air Force, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23, SEIU, AFL-CIO

Scott Air Force Base disciplinary letter (FLRA 5-CA-80069): limited disclosure ordered

A union requested the final letter documenting disciplinary action against a Scott Air Force Base supervisor after an employee filed a grievance about the supervisor's conduct. The base had cited its action against the supervisor when it denied the grievance, but refused to show the union the…

December 22, 1995 ·FLRA
Modified
COMM

American Federation of Government Employees, Local 1668 and U.S. Department of the Air Force, Elmendorf Air Force Base, Anchorage, Alaska

Elmendorf mechanic's back pay grievance (FLRA 0-AR-2699): Classification ruling upheld

An Elmendorf Air Force Base mechanic took on additional welding duties, and the agency later promoted him to a newly classified mechanic and welder position. The union still sought back pay for the earlier work. An arbitrator found that resolving the claim would require deciding the proper grade of…

December 22, 1995 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1978 and U.S. Department of the Interior, Bureau of Reclamation, Lower Colorado Regional Office, Boulder City, Nevada

Boulder City reclamation pay proposals (FLRA 0-NG-1986): Bargaining required on pay retention

A union representing Bureau of Reclamation employees in Boulder City proposed four pay provisions. The Authority found the proposed 25 percent emergency firefighting differential outside the duty to bargain because the union had not shown it matched current prevailing industry pay practices. It…

December 21, 1995 ·FLRA
Mixed result
COMM

U.S. Department of the Treasury, Internal Revenue Service, Austin Compliance Center, Austin, Texas and Martha L. McTeer

Austin IRS reassignment (FLRA DA-CA-21012): Retaliation complaint dismissed

An IRS employee at the Austin Compliance Center was reassigned to another branch after joining a grievance about higher graded work. The unfair labor practice complaint alleged that the transfer was retaliation for the grievance. An administrative law judge credited testimony that a reorganization…

December 19, 1995 ·FLRA
Upheld
ALJ

Knife River Mining Company

Temporary economic reinstatement approved

Knife River Mining Company employed Arthur R. Olmstead at the Savage Mine. The Secretary of Labor, on Olmstead's behalf, sought his temporary reinstatement in a discrimination proceeding under section 105(c) of the Mine Act. The parties reached an agreement for temporary economic reinstatement, and…

December 18, 1995 ·T. Todd Hodgdon ·FMSHRC
Procedural
ALJ

Western Mobile New Mexico, Inc.

Blasting citation vacated

Western Mobile operated the Sedillo Hill surface limestone mine in New Mexico. MSHA cited the company after fly rock from a blast seriously injured an insurance agent and alleged that people were not protected by a suitable blasting shelter. Judge Richard W. Manning found that the Secretary did not…

December 18, 1995 ·Richard W. Manning ·FMSHRC
Citations vacated
ALJ

Ames Construction Company

Discrimination complaint dismissed

Oliver J. Boutet filed a discrimination complaint against Ames Construction Company under section 105(c) of the Mine Act. The Commission requested additional information, but Boutet did not respond to the request or later orders to show cause. The orders were returned after attempted certified-mail…

December 15, 1995 ·Paul Merlin ·FMSHRC
Procedural
COMM

American Federation of Government Employees, Local 2280 and U.S. Department of Veterans Affairs, Medical Center, Iron Mountain, Michigan

Iron Mountain VA asbestos differential (FLRA 0-AR-2667): Denial of additional pay upheld

A union at the Iron Mountain VA Medical Center sought environmental differential pay for wage grade employees exposed to airborne asbestos. The arbitrator denied the grievance after applying an OSHA exposure limit and finding that the air samples in the record were below it. The union argued that…

December 15, 1995 ·FLRA
Upheld
ALJ

Southern Minerals, Inc., True Energy Coal Sales, Inc., and Fire Creek, Inc.

Summary-decision motions denied

Southern Minerals, True Energy Coal Sales, and Fire Creek faced contests involving 102 citations and orders arising from a fatal explosion at the Fire Creek No. 1 underground coal mine. The Secretary alleged that Southern Minerals and True Energy were operators jointly and severally liable for the…

December 13, 1995 ·David F. Barbour ·FMSHRC
Procedural
ALJ

Thunder Basin Coal Company

$1,300 penalty assessed

Thunder Basin Coal Company refused to post a form designating Dallas Wolf and Robert Butero as miners' representatives at its Black Thunder Mine. After the company did not abate the citation within the required time, MSHA issued a failure-to-abate order and proposed a total penalty of $26,360…

December 12, 1995 ·Arthur J. Amchan ·FMSHRC
Modified
COMM

Puerto Rico Electric Power Authority (Cambalache Combustion Turbine Project)

In re Puerto Rico Electric Power Authority (EAB PSD Appeal No. 95-2): permit review denied

Ciudadanos en Defensa del Ambiente petitioned for review of a PSD permit issued to the Puerto Rico Electric Power Authority for a 248-megawatt combustion-turbine generating station in Arecibo, Puerto Rico. CEDDA raised environmental-justice, meteorological-data, prior-violations, future-expansion…

December 11, 1995 ·EPA EAB
Other
COMM

Robert Lettrick Roofing Co.

Commission approves a settlement after directing the case for review, cutting the roofing citations to a $5,600 package

Robert Lettrick Roofing Company did roofing work in the Albany, New York area. After an OSHA inspection of a steep mansion-roof job in Saratoga, New York in September 1993, the Secretary issued serious, repeat, and other-than-serious citations, and Administrative Law Judge Barbara L…

December 11, 1995 ·OSHRC
Settled
COMM

U.S. Department of the Air Force, 375th Mission Support Squadron, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23, SEIU, AFL-CIO

Scott Air Force Base ratings request (FLRA CH-CA-20899): Named employee data withheld

A union at Scott Air Force Base requested employee performance ratings and award data with names attached. The Air Force supplied ratings and awards with the names removed. An administrative law judge found that withholding the names violated the federal labor statute. The Authority disagreed and…

December 8, 1995 ·FLRA
Set aside
ALJ

Hobert Vernon Gentry, employed by Gentry Brothers Trucking Co., Inc.

Individual liability affirmed and $7,500 penalty assessed

Hobert Vernon Gentry personally directed a small coal-hauling contractor that operated at the West Volunteer Mine. The judge found that Gentry knew a truck had defective brakes, failed to record the defects, and kept the truck in service while awaiting brake parts. During a later haul, the truck's…

December 7, 1995 ·William Fauver ·FMSHRC
Citations affirmed
COMM

National Treasury Employees Union, Chapter 231 and U.S. Department of the Treasury, U.S. Customs Service, North Central Region, Chicago, Illinois

Wild Horse Customs station promotion (FLRA 0-AR-2715): Temporary promotion denied

The director of a one person Customs station at Wild Horse, Montana sought a retroactive temporary promotion, arguing that he performed duties of a higher graded port director. The arbitrator found that the station and port positions were classified differently and that the employee had not…

December 7, 1995 ·FLRA
Upheld
ALJ

Leeco, Incorporated

Temporary reinstatement ordered

Leeco operated an underground coal mine, and Frank Scott worked there as a miner and electrician. Scott alleged that he had been required to work underground while the mine fan was off and had been asked to handle energized high-voltage cable and work on guards while belts were running. Leeco…

December 5, 1995 ·David F. Barbour ·FMSHRC
Procedural
COMM

Matter of Jesus RODARTE-Espinoza

Reopening allowed for concurrent section 212(c) and adjustment applications

Mr. Rodarte-Espinoza had previously been ordered deported after the Board affirmed denial of his section 212(c) waiver. He later married a United States citizen, had citizen children, obtained an approved immediate-relative visa petition, completed probation, received a certificate of…

December 4, 1995 ·BIA
Remanded
ALJ

Consolidation Coal Company and Superior Security, Inc.

Discrimination complaints dismissed

Debora Boyce and Viletta M. Moore worked as part-time, on-call security guards at remote coal mine pump sites. They alleged that after raising health and safety concerns, their work time was reduced and they were assigned to remote locations without communications or sanitary facilities. Judge Gary…

November 30, 1995 ·Gary Melick ·FMSHRC
Procedural
ALJ

Brown Brothers Sand Company

Two electrical citations affirmed

Brown Brothers Sand Company operated a small sand mine at its Junction City Mine. The Secretary alleged that the mine had not completed required continuity and resistance testing and that a portable diesel pump lacked a grounding wire. Judge Jerold Feldman found both violations proved, with minimal…

November 30, 1995 ·Jerold Feldman ·FMSHRC
Citations affirmed
COMM

S&H Mining, Inc.

Roof-control findings vacated and remanded

S&H Mining operated an underground coal mine and was cited for two violations of its approved roof-control plan. The first involved an initial pillar cut wider than the plan allowed. The second involved a continuous miner cutting into a pillar before roof supports were installed. The Commission…

November 30, 1995 ·FMSHRC
Remanded
COMM

James E. Griffin v. Virginia International Terminals, Incorporated

Griffin v. Virginia International Terminals (BRB 92-2331): local attorney travel excluded from fee

James Griffin's Longshore benefits had been resolved, leaving a dispute over his lawyer's fee. After an earlier Board remand, the judge awarded additional fees for legal work but again excluded three hours claimed for travel between Norfolk and a hearing in Hampton. The Board held that its earlier…

November 30, 1995 ·BRB
Affirmed
COMM

Department of Justice, United States Immigration and Naturalization Service, United States Border Patrol, Dallas, Texas and American Federation of Government Employees, National Border Patrol Council

Border Patrol disciplinary memoranda (FLRA 6-CA-90117): Information complaint dismissed on remand

A Border Patrol union sought three management memoranda while handling employee suspension grievances. Earlier rulings in the same case led to a court remand and another hearing before an administrative law judge, who found that withholding the memoranda violated the federal labor statute. The…

November 30, 1995 ·FLRA
Set aside
COMM

National Association of Government Employees, Local R4-6 and U.S. Department of the Army, Army Transportation Center, Fort Eustis, Virginia

Fort Eustis priority consideration (FLRA 0-AR-2700): Nonselection grievance denied

An Army Transportation Center employee received priority consideration for a supervisory television production position after losing that job in a reduction in force. The selecting official did not choose him, citing insufficient knowledge of equipment acquired since he had held the position. The…

November 30, 1995 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Health Care Finance Administration, Baltimore, Maryland

Baltimore health agency promotion grievance (FLRA 0-AR-2684): Temporary promotion denial upheld

A union claimed that a GS-12 employee at the Health Care Finance Administration had performed GS-13 duties long enough to receive a temporary promotion under the bargaining agreement. An arbitrator heard the grievance on its merits and found that the employee had not performed significant duties of…

November 30, 1995 ·FLRA
Upheld
COMM

National Association of Government Employees, Local R12-33 and U.S. Department of the Navy, Naval Air Warfare Center Weapons Division, Point Mugu, California

Point Mugu firefighter travel pay (FLRA 0-AR-2680): Per diem denial upheld

A Navy firefighter based on Saint Nicholas Island sought per diem for temporary assignments at Point Mugu. The agency denied the payments, and an arbitrator found that the assignments had not caused additional meal expenses. The union argued that the travel regulation required only that the…

November 30, 1995 ·FLRA
Upheld
COMM

U.S. Department of Justice, Federal Correctional Facility, El Reno, Oklahoma and American Federation of Government Employees, Local 171

El Reno prison disciplinary records (FLRA 0-AR-2379): Disclosure award set aside

A union at the El Reno federal correctional facility sought a settlement agreement and part of the agency's response to one employee's Merit Systems Protection Board appeal. An arbitrator ordered disclosure so the union could examine how discipline was handled. The Authority set the award aside…

November 30, 1995 ·FLRA
Set aside
ALJ

Jim Walters Resources, Inc.

Coal-dust order affirmed and settlements approved

Jim Walters Resources operated two underground coal mines and faced citations involving coal-dust accumulations and other conditions. The judge found that extensive accumulations along about 7,000 feet of a beltline created a reasonable likelihood of fire and serious injury, and that the operator's…

November 29, 1995 ·Jerold Feldman ·FMSHRC
Mixed result
ALJ

Kerry Coal Company

Imminent-danger order and citations affirmed

Kerry Coal Company operated a surface coal mine where a front-end loader worked beneath an unstable spoil bank and an active overhang. Rocks and other spoil material were falling near the loader, and large cracks showed that the spoil banks were unstable and too steeply sloped. Judge William Fauver…

November 29, 1995 ·William Fauver ·FMSHRC
Citations affirmed
ALJ

Cyprus Emerald Resources Corporation

Refuse-pile violations affirmed

Cyprus Emerald Resources operated Emerald No. 1 Mine, where coal refuse was placed in an unstable pile beside a slurry pond. The pile failed twice, including an incident in which a bulldozer and its operator slid down the pile and the operator had to be helped out with ropes. Judge William Fauver…

November 29, 1995 ·William Fauver ·FMSHRC
Citations affirmed
COMM

Betsy Tignor v. Newport News Shipbuilding and Dry Dock Company

Tignor v. Newport News Shipbuilding (BRB 95-1600): discovery appeal dismissed

Newport News Shipbuilding sought Special Fund relief on claims arising from Hunter Tignor's disability and death. The Director argued that the employer submitted a required application after the district director's deadline. An administrative law judge allowed the employer to depose two Labor…

November 29, 1995 ·BRB
Procedural
COMM

U.S. Department of Veterans Affairs, Regional Office, St. Petersburg, Florida and American Federation of Government Employees, Local 1594

St. Petersburg VA and AFGE Local 1594 (FLRA AT-CA-30091): Privacy barred disclosure of a last chance agreement

A union requested the last chance agreement that a St. Petersburg VA office had made with an employee facing removal for performance reasons. The employee had declined union representation and did not consent to release of the agreement. The Authority found that disclosing the agreement would…

November 29, 1995 ·FLRA
Set aside
COMM

Keystone Coal Mining Corporation

Dust-citation decisions affirmed, Keystone citations vacated

This consolidated decision concerns thousands of respirable-dust sample citations issued to coal mine operators after MSHA identified abnormal white centers on dust filters. The Commission affirmed the ALJ's common-issues and Keystone decisions, holding that an abnormal white center alone did not…

November 29, 1995 ·FMSHRC
Citations vacated
ALJ

Western Fuels Utah, Inc.

Discrimination complaint dismissed

Gary Belveal, a roof bolter and union safety committee chairman at Western Fuels Utah's Deserado Mine, filed Mine Act complaints about the company's accident program, injury reporting, and mine safety conditions. He alleged that the company placed him on temporary total disability instead of…

November 28, 1995 ·T. Todd Hodgdon ·FMSHRC
Other
ALJ

R B Coal Company, Incorporated

Late hearing request allowed and case reopened

R B Coal Company missed the 30-day deadline to request a hearing on two Mine Act assessments totaling $2,700. The company's engineer explained that the request was misplaced while the small operator was handling many assessments and computerizing its records. Judge Paul Merlin found no prejudice to…

November 28, 1995 ·Paul Merlin ·FMSHRC
Procedural
COMM

Thomas Hale, employed by Damon Corp.

Relief from final order denied

Thomas Hale, a general manager at Damon's Valley Sand and Gravel Mine, asked the Commission to reopen a default order imposing $1,500 in penalties for five alleged violations of 30 C.F.R. § 56.14107(a). The Commission noted that a federal district court had already entered judgment for the United…

November 27, 1995 ·FMSHRC
Procedural
ALJ

General Cutlery Co., Inc.

Knife maker loses on almost every safety and health citation, including a willful hazard-communication violation

General Cutlery makes bayonets and household knives in Fremont, Ohio. After complaint inspections in May 1994, OSHA issued two sets of citations, later consolidated: safety violations (Docket No. 94-2015) and health violations (Docket No. 94-1933). The company, represented by its president, argued…

November 27, 1995 ·Paul L. Brady ·OSHRC
Mixed result
ALJ

Willie Sizemore v. Andalex Resources, Inc.

Settlement approved and case dismissed

Willie Sizemore and Andalex Resources asked the judge to approve a settlement in a Mine Act discrimination proceeding involving Island Mine No. 3. Judge William Fauver approved the settlement agreement, canceled the scheduled hearing, and dismissed the proceeding with prejudice. The decision does…

November 24, 1995 ·William Fauver ·FMSHRC
Settled
COMM

Darrell D. Bullock v. Ingalls Shipbuilding, Incorporated

Bullock v. Ingalls Shipbuilding (BRB 90-0194): attorney fee sent back for recalculation

Darrell Bullock received Longshore benefits for hearing loss and an attorney fee award in proceedings against Ingalls Shipbuilding. A federal appeals court rejected the lawyer's minimum quarter hour billing method and sent the fee award back for recalculation. The Board then directed the judge to…

November 24, 1995 ·BRB
Remanded
ALJ

William Kaczmarczyk v. Reading Anthracite Company

Damages and civil penalty assessed

William Kaczmarczyk was transferred from light duty to workers' compensation status after serving as a walkaround representative during an MSHA inspection. An earlier ruling found that the transfer violated Mine Act section 105(c), and this decision determined the resulting damages and civil…

November 22, 1995 ·Arthur J. Amchan ·FMSHRC
Modified

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.