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

Roy Johnson v. Old Ben Coal Company

Johnson v. Old Ben Coal (BRB 94-0164): Benefit denial reversed, start date returned

Roy Johnson sought medical benefits for black lung disease. A judge had denied the claim after crediting two doctors who reviewed records but did not examine him and attributed his lung condition to smoking. The Board held that the reviewing doctors' opinions could not establish rebuttal because…

June 21, 1995 ·BRB
Remanded
COMM

NFFE Local 11 and Fairchild Air Force Base

Arbitration fees split under agreement

An arbitrator sustained an employee's performance-appraisal grievance at Fairchild Air Force Base and ordered a reevaluation. He found no losing party and directed NFFE Local 11 and the base to share his fees and expenses equally. The union argued that the agency should pay all costs as the losing…

June 21, 1995 ·FLRA
Upheld
COMM

AFGE Local 400 and U.S. Army 10th Mountain Division, Fort Drum

AFGE Local 400 and Fort Drum (FLRA 0-AR-2687): backpay calculation correction upheld

An arbitrator reduced a Fort Drum employee's suspension from 14 calendar days to five workdays but initially awarded nine days of backpay. After the Army pointed out that the original suspension covered only ten workdays, the arbitrator corrected the backpay to five workdays. AFGE Local 400 argued…

June 21, 1995 ·FLRA
Upheld
ALJ

Tanglewood Energy, Inc.; Fern Cove, Inc.; Randy Burke, and Randall Key

Discriminatory discharge found, damages reserved

Samuel Knotts was discharged after speaking with a mine engineer about equipment conditions, management, and safety concerns at the Coalbank Fork No. 12 Mine. The judge found that Knotts had engaged in protected activity by testifying in an earlier discrimination case, assisting MSHA inspectors…

June 20, 1995 ·Roy J. Maurer ·FMSHRC
Other
COMM

Wiser Construction, L.L.C.

Default order reopened and matter remanded

Wiser Construction failed to answer the Secretary of Labor's proposed civil penalties or an order to show cause, and the ALJ entered a default order assessing $4,300 in penalties. Wiser later said it had responded but had mistakenly mailed its response to a Department of Labor attorney. The…

June 20, 1995 ·FMSHRC
Remanded
COMM

T.E. Bertagnolli & Associates

Default order reopened and matter remanded

T.E. Bertagnolli & Associates failed to answer the Secretary of Labor's proposed civil penalties or an order to show cause, and the ALJ entered a default order assessing $9,800 in penalties. The company later said it had responded but had mistakenly mailed its response to a Department of Labor…

June 20, 1995 ·FMSHRC
Remanded
ALJ

Valley Construction Company

$750 awarded for unjustified material-safety-data-sheet item

Valley Construction Company sought attorney, consultant, and other expenses under the Equal Access to Justice Act after settling OSHA citations arising from an employee's fatal electrocution. The settlement withdrew three items, reclassified two, and reduced two penalties. The judge found Valley to…

June 20, 1995 ·Ken S. Welsch ·OSHRC
Procedural
ALJ

American Stone, Inc.

Settlement approved and one citation vacated

American Stone contested 18 safety violations at its Aragonite Mine and crushing mill. The Secretary vacated the citation alleging that the mine had been closed without notice after records showed the mine was open, and the judge set aside its $50 penalty. The parties settled the remaining matters…

June 19, 1995 ·August F. Cetti ·FMSHRC
Settled
ALJ

Brushy Creek Coal Co., Inc.

Ventilation citations partly modified and partly affirmed

Brushy Creek Coal Company contested seven ventilation-related citations issued during an inspection at its Brushy Creek Mine, and the Secretary also pursued civil penalties in three related dockets. The ALJ found violations involving ventilation of worked-out areas, nonpermissible equipment…

June 19, 1995 ·George A. Koutras ·FMSHRC
Mixed result
COMM

Davis Shoulders, employed by Pyro Mining Company

Proceeding dismissed

This civil penalty proceeding concerned whether section 110(c) of the Mine Act permits individual liability against an agent of an operator organized as a corporate partnership. The ALJ had concluded that section 110(c) provides individual liability only against agents of corporate operators. The…

June 19, 1995 ·FMSHRC
Procedural
ALJ

Megawest Financial, Inc.

Apartment-office violence citation vacated for lack of recognized hazard proof

Megawest Financial, Inc. managed a large Florida apartment complex whose office staff experienced repeated tenant threats and several physical attacks. Employees requested daytime security, and another tenant attacked an assistant manager while an OSHA compliance officer was investigating the…

June 19, 1995 ·Nancy J. Spies ·OSHRC
Citations vacated
COMM

United States Air Force Academy and AFGE Local 1867

Air Force Academy and AFGE Local 1867 (FLRA DE-CA-20757): violations ordered remedied, discrimination claims remanded

The Air Force Academy changed rules on coveralls, telephone access, and a union steward's official time without bargaining with AFGE Local 1867. An administrative law judge also found that the Academy retaliated against the steward with counseling memoranda and made an antiunion statement to…

June 16, 1995 ·FLRA
Remanded
ALJ

Consolidation Coal Company

Miners’ representative policy found discriminatory

Consolidation Coal transferred Richard Glover and Leon Kehrer from scooter-barn mechanic jobs because of their duties as miners’ representatives who accompanied inspectors. The judge found that the company’s policy effectively barred miners’ representatives from holding the scooter-barn mechanic…

June 15, 1995 ·Gary Melick ·FMSHRC
Other
ALJ

Topper Coal Company, Inc.

Inspection-interference citation affirmed as modified

During a spot inspection for smoking articles, Topper Coal's owner called underground after inspectors told him not to alert the miners. The judge found that the call impeded the inspection and violated section 103(a) of the Mine Act. The citation's negligence level was reduced from reckless…

June 15, 1995 ·T. Todd Hodgdon ·FMSHRC
Modified
COMM

U.S. Department of Justice, Office of Justice Programs and AFSCME Local 2830

Justice Programs and AFSCME Local 2830 (FLRA 3-CA-10207): appraisal names withheld under Privacy Act

AFSCME Local 2830 asked the Justice Department's Office of Justice Programs for the names of employees who received outstanding performance appraisals. An administrative law judge found that refusing the list violated the agency's information-sharing duty. The Authority reversed, finding that the…

June 14, 1995 ·FLRA
Set aside
ALJ

C.W. Mining Company

Coal accumulation citation modified and penalty assessed

C.W. Mining operated the underground Bear Canyon #1 coal mine in Utah. MSHA cited the company after finding loose coal, coal fines, and float coal dust accumulated in a roadway and around a feeder, alleging a violation of 30 C.F.R. § 75.400. Judge Richard W. Manning vacated one citation by…

June 13, 1995 ·Richard W. Manning ·FMSHRC
Mixed result
COMM

442nd Fighter Wing, Richards-Gebaur Air Force Base and AFGE Local 2127

442nd Fighter Wing and AFGE Local 2127 (FLRA DE-CA-20896): candidate names withheld from promotion roster

AFGE Local 2127 requested an unsanitized candidate referral roster to examine a promotion grievance at the 442nd Fighter Wing. The wing provided the roster with applicants' names and other identifiers removed. An administrative law judge found that withholding those identifiers violated the…

June 13, 1995 ·FLRA
Set aside
COMM

Madison Branch Management

Settlement orders vacated and remanded

Madison Branch Management and Protective Security Services faced enforcement proceedings after a security guard died from carbon monoxide exposure in a vehicle with a damaged exhaust system at Madison's Job No. 3 mine. The parties proposed settlements, but the administrative law judge denied…

June 12, 1995 ·FMSHRC
Remanded
ALJ

Berwind Natural Resources, Corp., Kentucky Berwind Land Company, Kyber Coal Company, and Jesse Branch Coal Company

Berwind Natural Resources, Corp. (FMSHRC KENT 94-574-R): Motion in limine denied

Berwind Natural Resources, Kentucky Berwind Land Company, Kyber Coal Company, and Jesse Branch Coal Company contested Mine Act proceedings involving the Elmo No. 5 Mine. After an earlier summary-decision order narrowed the issues for hearing, the contestants asked the judge to exclude testimony and…

June 12, 1995 ·David F. Barbour ·FMSHRC
Procedural
COMM

Lakeview Rock Products, Inc.

Extension request denied

Lakeview Rock Products asked for 30 more days to file a petition for discretionary review of an administrative law judge’s decision. The Commissioners agreed to deny the extension and rejected treating the request as a petition because it stated no grounds for appeal. Chairman Jordan and…

June 8, 1995 ·FMSHRC
Procedural
ALJ

Michael Griffith, II, Employed by Teal Mining, Incorporated

Civil penalty charges vacated

The Secretary charged Michael Griffith and Michael Griffith II, acting as alleged agents of Teal Mining, with knowingly authorizing, ordering, or carrying out three admitted violations involving the mine ventilation plan and roof control plan. Judge Gary Melick found that the Secretary did not…

June 7, 1995 ·Gary Melick ·FMSHRC
Citations vacated
COMM

GEM Industrial, Inc.

Reviewed steel tag-line item withdrawn by settlement

GEM Industrial, Inc. was a structural-steel subcontractor on an Ohio building project. The administrative law judge had affirmed a serious tag-line violation for crane loads during steel shakeout and assessed $1,300, along with a separate $1,625 electrical violation. Review was directed on the…

June 7, 1995 ·OSHRC
Settled
ALJ

Moberly Stone Company

Default judgment entered after failure to appear

Moberly Stone Company contested five alleged violations of mandatory safety standards at its operation in Missouri. The company did not appear at the scheduled hearing after receiving notice, so Judge Roy J. Maurer proceeded without it and found the company in default. The Secretary’s evidence…

June 6, 1995 ·Roy J. Maurer ·FMSHRC
Citations affirmed
COMM

Ozark Wood Gallery

Default remains on merits, but employee-status jurisdiction requires a hearing

The chief judge dismissed Ozark Wood Gallery's notice of contest because the business did not file an answer or respond to a show-cause order. On review, Ozark asserted that it had never had any employees, while the Secretary's complaint alleged approximately six employees at the time of…

June 6, 1995 ·OSHRC
Remanded
ALJ

Laramie County Road and Bridge

Crusher fall-protection citation affirmed

Laramie County Road and Bridge operated a portable crusher that supplied gravel for county roads. An employee stood and leaned over the crusher about eight to twelve feet above the ground while removing rocks without a safety belt or line. Judge Richard W. Manning found that a reasonably prudent…

June 5, 1995 ·Richard W. Manning ·FMSHRC
Citations affirmed
ALJ

Western Fuels-Utah, Inc.

Belt-fire citations mixed, $4,000 penalty assessed

Western Fuels-Utah operated the underground Deserado Mine in Colorado, where a conveyor-belt fire occurred in the East Mains No. 3 section. Judge August F. Cetti found that the Secretary did not prove violations involving the conveyor switches or the sensing devices, and he vacated those citations…

June 5, 1995 ·August F. Cetti ·FMSHRC
Mixed result
ALJ

Dillingham Construction

$1,200 settlement approved

Dillingham Construction faced civil penalty proceedings involving the Lyman Quarry Mine. The parties reached a settlement at a scheduled hearing, reducing the proposed penalty from $4,800 to $1,200. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria and…

June 2, 1995 ·Avram Weisberger ·FMSHRC
Settled
ALJ

Kerr-McGee Coal Corporation

Discrimination proceeding dismissed

The Secretary of Labor brought a discrimination proceeding on behalf of Mark Beyer against Kerr-McGee Coal Corporation concerning the Jacobs Ranch Mine. The Secretary moved to dismiss the case. Judge Avram Weisberger granted the motion, cancelled the hearing scheduled for August 8, 1995, and…

May 31, 1995 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Buck Creek Coal Co.

Stay denied and discovery objection partly granted

The Secretary of Labor sought a stay of civil proceedings involving Buck Creek Coal and objected to several proposed depositions and discovery requests because of a related criminal investigation. Judge T. Todd Hodgdon denied the stay because the Secretary did not establish a sufficient commonality…

May 31, 1995 ·T. Todd Hodgdon ·FMSHRC
Procedural
ALJ

Ibold Incorporated

Late filing accepted

The Secretary of Labor asked the Commission to accept a civil penalty petition filed 16 days late. Chief Administrative Law Judge Paul Merlin found adequate cause for the short delay and no showing of prejudice to Ibold Incorporated. He accepted the Conference and Litigation Representative's…

May 31, 1995 ·Paul Merlin ·FMSHRC
Procedural
ALJ

Lone Mountain Processing Incorporated

Late filing accepted

The Secretary of Labor asked the Commission to accept a civil penalty petition filed 16 days late. Chief Administrative Law Judge Paul Merlin found adequate cause for the short delay and no showing of prejudice to the operator. He accepted the Conference and Litigation Representative's appearance…

May 31, 1995 ·Paul Merlin ·FMSHRC
Procedural
COMM

AFSCME Local 3870 and Farmers Home Administration

Defective petition service not excused

AFSCME Local 3870 sought review of a negotiability dispute with the Farmers Home Administration, but served its petition on someone other than the agency's principal bargaining representative. The Authority notified the union of the defect and gave it a deadline to correct service; the union did…

May 31, 1995 ·FLRA
Procedural
COMM

AFGE Local 3184 and Social Security Administration, Pasadena, Texas

AFGE Local 3184 and SSA Pasadena (FLRA 0-AR-2653): sick leave restrictions upheld

AFGE Local 3184 challenged how a Social Security Administration supervisor checked a medical certificate and imposed sick leave restrictions on an employee. An arbitrator denied three consolidated grievances, finding that the supervisor's actions were permitted under the parties' agreements and…

May 31, 1995 ·FLRA
Upheld
COMM

U.S. Department of Justice and American Federation of State, County and Municipal Employees, Local 3719

Justice Department and AFSCME Local 3719 (FLRA WA-CU-20211, WA-CU-20401): unit exclusions receive partial review

AFSCME Local 3719 sought review of a regional director's decision excluding Justice Department employees from its bargaining unit. The Authority declined to review the exclusion of two Civil Division employees as confidential and Susan Henry as a supervisor; it also rejected the union's request to…

May 30, 1995 ·FLRA
Remanded
COMM

Department of Defense Dependents Schools and Overseas Education Association

Defense Dependents Schools and Overseas Education Association (FLRA WA-CA-20413): settlement repudiation violated labor law

The Department of Defense Dependents Schools and the Overseas Education Association settled a grievance about teacher identification cards in the agency's Germany region. An agency headquarters official later told the union and regional management that the agreement could not be recognized. The…

May 30, 1995 ·FLRA
Upheld
COMM

Robert F. Irwin v. Navy Resale Exchange

Irwin v. Navy Resale Exchange (BRB 92-2321): late settlement payment triggers penalty

Robert Irwin received a Longshore settlement, but the employer's check reached him 12 days after the approval order was filed. A judge treated the ten day payment period as excluding intervening weekends and denied a late payment penalty. The Board held that the Act's ten days are calendar days…

May 30, 1995 ·BRB
Remanded
ALJ

Arcata Readimix

Six citations affirmed

Arcata Readimix operated a small sand and gravel pit in California. MSHA cited the plant for exposed electrical conductors, missing or loose guards, an overdue fire-extinguisher inspection, and missing grounding-system testing. Judge Richard W. Manning found six violations and affirmed the…

May 26, 1995 ·Richard W. Manning ·FMSHRC
Citations affirmed
COMM

General Services Administration and Bobbie J. Brunning and National Federation of Federal Employees, Local 1800

GSA, Bobbie Brunning, and NFFE Local 1800 (FLRA WA-CA-30005, WA-CA-30153): union excluded from formal discussions

The General Services Administration interviewed bargaining unit employees while preparing for a former manager's personnel appeal. The interviews covered office conduct and morale, but the agency did not give NFFE Local 1800 notice or a chance to attend. The Authority held that these were formal…

May 26, 1995 ·FLRA
Mixed result
ALJ

BSC Construction, Inc.

Settlement approved and citation modified

BSC Construction faced a civil penalty proceeding involving two alleged violations of the Mine Act's training regulations. The Secretary modified the citation to vacate all references to 30 C.F.R. § 48.31(a), leaving the alleged violation under 30 C.F.R. § 48.28(a). Judge T. Todd Hodgdon approved…

May 25, 1995 ·T. Todd Hodgdon ·FMSHRC
Settled
ALJ

Peabody Coal Company

Two citations affirmed as non-S&S

Peabody Coal operated the Martwick UG Mine. On remand from the Commission, Judge Arthur J. Amchan considered whether two citations were significant and substantial under the Commission's Mathies framework. He found that an unconnected external grounding device on a cathead violated 30 C.F.R. §…

May 25, 1995 ·Arthur J. Amchan ·FMSHRC
Citations affirmed
ALJ

All American Asphalt

Back-pay awards and penalty ordered

All American Asphalt faced consolidated discrimination proceedings brought on behalf of James Hyles, Douglas Mears, Derrick Soto, and Gregory Dennis. The parties resolved the amounts of back pay and benefits owed before the scheduled hearing, while the respondent reserved its position on liability…

May 24, 1995 ·August F. Cetti ·FMSHRC
Settled
ALJ

Reading Anthracite Company

Discrimination found and reinstatement ordered

William Kaczmarczyk was returned from light duty to workers compensation status one day after serving as a walkaround representative during MSHA inspections. Judge Arthur J. Amchan found that Reading Anthracite Company's safety director had some animus toward Kaczmarczyk's protected activity and…

May 24, 1995 ·Arthur J. Amchan ·FMSHRC
Other
COMM

Richard Ahl v. Maxon Marine, Incorporated

Ahl v. Maxon Marine (BRB 94-2498): Director remains a party to the appeal

Maxon Marine and its carrier sought to remove the Director of the Office of Workers' Compensation Programs from Richard Ahl's Longshore appeal. They argued that a Supreme Court ruling barred the Director from participating. The Board explained that the ruling addressed the Director's ability to…

May 24, 1995 ·BRB
Procedural
ALJ

Alpha Mining Company

Smoking-material citations mixed

The Secretary charged Alpha Mining Company and two employees after inspectors found cigarettes, cigarette packs, cigarette butts, and a lighter during an underground inspection at the Alpha No. 1 Mine. Judge Gary Melick vacated the citation against Robert Hardin, finding that an empty cigarette…

May 23, 1995 ·Gary Melick ·FMSHRC
Mixed result
ALJ

Mineral Transport, Inc.

$400 settlement approved

Mineral Transport, Inc. faced a civil penalty proceeding involving the CSI #5 mine. The parties proposed reducing the penalty from $800 to $400. Judge Gary Melick approved the settlement under the Mine Act's penalty criteria, ordered payment of $400 within 30 days, and cancelled the hearing…

May 19, 1995 ·Gary Melick ·FMSHRC
Settled
COMM

Matter of D-V-

Asylum granted after credibility finding reversed

The applicant was an Afghan man who testified that KHAD detained and abused him because of his support for the mujahidin, after which he was imprisoned and involuntarily sent to the army. The Board rejected the Immigration Judge's adverse credibility finding because the testimony was plausible…

May 19, 1995 ·BIA
Vacated
COMM

Matter of Flavio Eduardo MANRIQUE

State drug disposition compared with federal first-offender treatment

The respondent, a lawful permanent resident from Venezuela, had a Louisiana cocaine-possession case resolved under a state rehabilitative statute and was ordered deported after the Immigration Judge treated the disposition as a conviction for immigration purposes. The Board held that an alien who…

May 19, 1995 ·BIA
Remanded
ALJ

VSH Restaurant Corporation, d/b/a Vestal Steakhouse & Seafood Grill

Citation vacated after inspection evidence suppressed

Local fire and building officials inspected Vestal Steakhouse & Seafood Grill and gave the restaurant ten days to correct numerous electrical and fire-code conditions. The restaurant began repairs and had completed most listed items when OSHA inspected five days before the local deadline, using the…

May 19, 1995 ·Barbara L. Hassenfeld-Rutberg ·OSHRC
Citations vacated
COMM

American Federation of Government Employees, Local 1802 and Social Security Administration, Golden Teleservice Center

AFGE Local 1802 and SSA Golden Teleservice Center (FLRA 0-AR-2655): seven-day suspension upheld

The Social Security Administration suspended a telephone service representative for seven days after finding that he had been discourteous to callers. An arbitrator denied his grievance, finding just cause for the suspension. AFGE Local 1802 argued that the arbitrator wrongly treated the employee's…

May 19, 1995 ·FLRA
Upheld
ALJ

Ideker, Inc.

$500 settlement approved

Ideker, Inc. faced a civil penalty proceeding concerning the Amazonia Quarry. After an evidentiary hearing, the parties moved to approve a settlement and dismiss the case. Judge Roy J. Maurer approved a reduction in the proposed penalty from $1,000 to $500 and ordered payment within 30 days. The…

May 18, 1995 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Pierce Sand Company

$556 settlement approved

Pierce Sand Company faced a civil penalty proceeding involving eight citations. The parties proposed reducing the combined assessments from $862 to $556. Judge Roy J. Maurer approved the settlement after considering the parties' representations, documentation, and hearing testimony. The company was…

May 18, 1995 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

TVX Mineral Hill Mine

Temporary reinstatement proceeding dismissed

The Secretary sought temporary reinstatement for Cody Cherry in a discrimination proceeding against TVX Mineral Hill Mine. Cherry no longer wanted to return to his previous mine position because he had found other employment. The Secretary reserved the possibility of pursuing back pay and a civil…

May 17, 1995 ·Richard W. Manning ·FMSHRC
Procedural
COMM

Exxon Company, U.S.A.

In re Exxon Company, U.S.A. (EAB RCRA Appeal No. 94-8): permit review denied in part and remanded in part

Exxon challenged corrective-action conditions in its federal RCRA permit for a petroleum refinery in East Baton Rouge Parish, Louisiana. It argued that a railroad track divided the refinery into separate facilities, that certain oil-water separators and an aerobic digester were exempt from…

May 17, 1995 ·EPA EAB
Mixed result
COMM

Florida Pulp and Paper Association and Buckeye Florida, L.P.

In re Florida Pulp and Paper Association and Buckeye Florida, L.P. (EAB NPDES Appeal Nos. 94-4 and 94-5): review denied in part and issue remanded

Buckeye Florida and the Florida Pulp and Paper Association challenged parts of an EPA renewal permit for a pulp mill in Perry, Florida. Buckeye argued that EPA could not require certain sludge sampling, lacked an accepted protocol for crab-tissue analysis, and used an improper compliance schedule…

May 17, 1995 ·EPA EAB
Mixed result
ALJ

R B Coal Company, Incorporated

Four citations settled for $1,250

R B Coal Company operated the RB #5 Mine and faced four alleged Part 75 violations initially assessed at a total of $17,000. After the Secretary presented evidence on the first citation, the parties reached a comprehensive settlement. Judge Jerold Feldman modified the four violations from…

May 17, 1995 ·Jerold Feldman ·FMSHRC
Settled
ALJ

Asarco, Inc.

Motion to compel mostly denied

Asarco sought documents from the Secretary in consolidated contest and discrimination proceedings. The judge held that most miner statements and agency memoranda were protected by the informant's privilege or the deliberative process privilege. The judge nevertheless required the Secretary to…

May 17, 1995 ·Richard W. Manning ·FMSHRC
Procedural
ALJ

Alcorn Well Service, Inc., a Division of Dawson Well Service, Inc.

Wrench-hazard item vacated, hazard-communication items yield $1,050

An Alcorn Well Service, Inc. crew was fishing broken sucker rods from a Texas well when two workers used pipe wrenches to turn a rod and move an overshot through a tight spot. The rod unexpectedly torqued, one worker lost control of his wrench, and the wrench struck another employee in the head…

May 17, 1995 ·Louis G. LaVecchia ·OSHRC
Mixed result
ALJ

Western Fuels-Utah, Inc.

Communication-cable citation affirmed

Western Fuels operated the Deserado underground coal mine in Colorado. MSHA cited the mine after finding that a communication cable crossed a 995-volt power cable without additional insulation. Judge Richard W. Manning held that 30 C.F.R. § 75.516-2(c) requires additional insulation where…

May 15, 1995 ·Richard W. Manning ·FMSHRC
Citations affirmed
COMM

CWM Chemical Services, Inc., Chemical Waste Management, Inc., and Waste Management, Inc.

In re CWM Chemical Services, Inc., Chemical Waste Management, Inc., and Waste Management, Inc. (EAB TSCA Appeal No. 93-1): dry-weight penalty case dismissed

EPA Region II alleged that CWM Chemical Services, Chemical Waste Management, and Waste Management accepted 260 shipments of PCB-contaminated sludge with concentrations above the 500 parts-per-million limit for their landfill approval. The Region sought $3,425,000 in penalties and argued that PCB…

May 15, 1995 ·EPA EAB
Affirmed
COMM

Indianapolis Power & Light Company, Petersburg Plant

In re Indianapolis Power & Light Company, Petersburg Plant (EAB CAA Appeal No. 95-1): permit affirmed

Indianapolis Power & Light challenged the calculation of sulfur-dioxide extension allowances in its phase I acid-rain permit for the Petersburg plant. The company argued that EPA should adjust the 1988 and 1989 emissions data because an unusual six-month outage reduced emissions during that period…

May 15, 1995 ·EPA EAB
Affirmed

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.