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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ALJ

Amalgamated Sugar Company

Beet receiving station held subject to general-industry standards

Amalgamated Sugar Company operated an Idaho station that received sugar beets from private growers after harvest, then cleaned, conveyed, and stored them for sugar production. The company argued that its station was an agricultural operation exempt from the cited general-industry rules…

May 15, 1995 ·Benjamin R. Loye ·OSHRC
Citations affirmed
ALJ

DCS Sanitation Management, Inc.

Willful lockout violations affirmed after fatal cleaning incident

DCS Sanitation Management cleaned operating meat-processing equipment at an IBP plant in Nebraska. OSHA cited five willful lockout/tagout violations after an employee was killed while cleaning a running loin saddle table. Administrative Law Judge James H. Barkley found that supervisors knew…

May 15, 1995 ·James H. Barkley ·OSHRC
Mixed result
ALJ

Boston Towing and Transportation Co.

Marine-access citations vacated for lack of fair notice

Boston Towing operated a marine terminal in Quincy, Massachusetts, where employees sometimes used a ladder between a pier and a barge at extreme low tide. OSHA investigated after a weekend watchman was found in the water near a ladder, although no one witnessed how he fell. The Secretary withdrew…

May 15, 1995 ·Robert A. Yetman ·OSHRC
Citations vacated
ALJ

Pro-Drive, Inc.

Four commercial-diving safety items affirmed

Pro-Drive, Inc. performed a commercial dive to seal an underwater valve at a power plant in Illinois. The diver died after completing the repair, and the pathology and coroner report attributed the death to asphyxia caused by malfunctioning diving equipment. Administrative Law Judge Sidney J…

May 15, 1995 ·Sidney J. Goldstein ·OSHRC
Mixed result
COMM

In re Hilda COMPEAN-Guevara, Applicant

In re Hilda COMPEAN-Guevara (BIA ID 3249): family relationship required for an alien-smuggling waiver

Hilda Compean-Guevara, a lawful permanent resident of Mexico, was found excludable after helping her brother-in-law try to enter the United States illegally. The Board held that the waiver under section 212(d)(11) of the Immigration and Nationality Act requires the smuggled person to be the…

May 11, 1995 ·BIA
Vacated
COMM

In re Catalina ARREGUIN De Rodriguez, Applicant

In re Catalina ARREGUIN De Rodriguez (BIA ID 3247): section 212(c) waiver granted after balancing equities

Catalina Arreguin De Rodriguez, a lawful permanent resident of Mexico, was placed in exclusion proceedings after a federal marijuana-importation conviction. The Board held that her only conviction, minor role in the offense, acceptance of responsibility, rehabilitation efforts, nearly 20 years of…

May 11, 1995 ·BIA
Vacated
ALJ

Centralia Mining Co., Inc.

Discrimination settlement approved

Robbie A. Smith brought a discrimination proceeding against Centralia Mining under section 105(c)(2) of the Mine Act. After the Secretary stopped representing Smith, he represented himself and jointly settled with Centralia Mining. Judge Richard W. Manning found the Settlement Agreement and General…

May 10, 1995 ·Richard W. Manning ·FMSHRC
Settled
ALJ

Eugene Russell, Ervin E. Nichols, James M. Dodd, Reynold E. Channer, and Scott Furman, employed by Echo Bay Minerals Company

Eugene Russell and others (FMSHRC WEST 94-623-M through WEST 94-627-M): Discovery and interlocutory review denied

Five Echo Bay Minerals employees faced individual civil penalty proceedings under section 110(c) of the Mine Act. They sought discovery about why MSHA took 24 to 27 months to notify them of the proposed penalties, or alternatively sought interlocutory review of an earlier order denying dismissal…

May 10, 1995 ·Arthur J. Amchan ·FMSHRC
Procedural
ALJ

Doverspike Brothers Coal Co.

Discrimination settlement approved

Doverspike Brothers Coal Co. operated the Clutch Run Mine and employed Larry P. Smith. The Secretary alleged that the company laid off and effectively discharged Smith because he alerted state and federal mine-safety authorities about a mine-fan stoppage and miners remaining underground. The…

May 10, 1995 ·George A. Koutras ·FMSHRC
Settled
ALJ

F W Contractors Incorporated

Civil-penalty settlement approved

F W Contractors Incorporated faced a civil-penalty proceeding concerning its Tarrant Aggregate #2 operation. The parties proposed reducing the penalty from $2,700 to $2,025. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria, approved it, and ordered the…

May 10, 1995 ·Avram Weisberger ·FMSHRC
Settled
COMM

Federal Aviation Administration, Jacksonville Air Traffic Control Tower and National Air Traffic Controllers Association

FAA Jacksonville Tower and NATCA (FLRA AT-CA-21004): identified employee appraisals withheld

The National Air Traffic Controllers Association asked the FAA's Jacksonville tower for employee performance appraisals with names and other identifying details. It wanted to investigate possible favoritism and retaliation in ratings. The FAA supplied some records but removed identifying details…

May 10, 1995 ·FLRA
Set aside
ALJ

Old Hickory Coal Company

Settlement rejected for insufficient support

Old Hickory Coal Company proposed reducing a $10,000 penalty to $5,500 and changing two section 104(d)(2) orders to section 104(a) citations. Judge T. Todd Hodgdon found that the facts submitted did not adequately support the proposed changes, including the removal of unwarrantable-failure…

May 9, 1995 ·T. Todd Hodgdon ·FMSHRC
Procedural
ALJ

Cedar Creek Quarries, Inc.

Settlement rejected for lack of penalty support

Cedar Creek Quarries was charged with refusing to cooperate with an MSHA investigation and proposed a $2,000 penalty. The parties submitted a settlement that would withdraw the penalty. Judge T. Todd Hodgdon rejected the agreement because the motion did not provide enough facts to support…

May 9, 1995 ·T. Todd Hodgdon ·FMSHRC
Procedural
ALJ

U.S. Steel Mining Company

Discrimination complaint dismissed after resolution

Terry McGill filed a Mine Act discrimination complaint against U.S. Steel Mining Company concerning the Oak Grove Mine. The parties resolved their differences, and McGill requested permission to withdraw the complaint. Judge T. Todd Hodgdon granted the request under Commission Rule 11 and dismissed…

May 9, 1995 ·T. Todd Hodgdon ·FMSHRC
Settled
COMM

Navajo Area Indian Health Service and Laborers' International Union of North America, Local 1376

Navajo Area Indian Health Service and LIUNA Local 1376 (FLRA 0-AR-2565): nurse's higher-grade pay award set aside

A licensed practical nurse at the Navajo Area Indian Health Service sought higher pay for regularly performing discharge planning duties. An arbitrator awarded her $11,839 at the GS-9 level under the parties' agreement. The Authority rejected the agency's argument that the award improperly decided…

May 9, 1995 ·FLRA
Set aside
ALJ

CEI West Roofing Co., Inc.

Hard-hat and traffic-sign items affirmed

CEI West Roofing Co., Inc. was cited at a Colorado roofing project where employees unloaded materials near traffic and worked on an unguarded roof. Administrative Law Judge James H. Barkley affirmed the hard-hat item because employee statements and the crew's conduct showed a practice that CEI's…

May 8, 1995 ·James H. Barkley ·OSHRC
Mixed result
ALJ

Stein, Inc.

Crane inspection and power-line clearance items affirmed

Stein provided a crane and crane operator for installation of a truck scale at an Ohio steel-mill site. A ground worker employed by the scale contractor was electrocuted when the crane boom contacted a 13,000-volt power line. The judge found that Stein remained an employer responsible for its…

May 8, 1995 ·Nancy J. Spies ·OSHRC
Mixed result
ALJ

LaForge & Budd Construction Co., Inc.

Two items affirmed by stipulation after remand

OSHA cited LaForge & Budd Construction Co., Inc. after inspecting an Oklahoma construction project. The Commission reversed an earlier ruling that had suppressed the inspection evidence and remanded the case for a hearing on the merits. The parties then stipulated that a nylon-sling item would be…

May 8, 1995 ·Stanley M. Schwartz ·OSHRC
Mixed result
ALJ

AT&E Enterprises, Inc.

One citation vacated and one modified

AT&E Enterprises operated a small underground gold mine in California while rehabilitating old timber-supported workings. Judge Richard W. Manning vacated one citation concerning fire protection for portal timber because the standard did not clearly require protection at the time each timber set…

May 5, 1995 ·Richard W. Manning ·FMSHRC
Mixed result
ALJ

Gemini Mining Company

Settlement approved with one citation vacated

Gemini Mining Company faced nine alleged violations at its Wilkem No. 1 Mine across three consolidated proceedings. The company did not appear at the hearing, but the Judge accepted its explanation and considered the parties' settlement. The settlement totaled $8,000: Gemini had paid $2,000 and…

May 5, 1995 ·George A. Koutras ·FMSHRC
Mixed result
ALJ

Dixie Fuel Company

Unstable roof citation affirmed with $3,689 penalty

Dixie Fuel Company was cited after an MSHA inspector found loose and broken roof in an approximately 300-foot area of an underground coal mine. Judge Avram Weisberger found that the roof was not adequately controlled to protect miners working in the area. He determined that the violation was…

May 4, 1995 ·Avram Weisberger ·FMSHRC
Citations affirmed
ALJ

Pyramid Mining Incorporated

Auger-hole citation affirmed without S&S finding

Pyramid Mining was remanded to address whether it failed to block auger holes at the earliest reasonable time. Judge Avram Weisberger found that the company had not resumed drilling, had not blocked the holes, and had left hazards including methane, unsupported roof, and water exposure. He…

May 4, 1995 ·Avram Weisberger ·FMSHRC
Modified
COMM

Department of Veterans Affairs Medical Center, St. Louis and American Federation of Government Employees, Local 96

VA St. Louis Medical Center and AFGE Local 96 (FLRA DE-CA-40228): employee award program restored

The VA Medical Center in St. Louis ended its Employee of the Month program without first notifying AFGE Local 96 or offering to bargain. The program had given selected employees $100, a certificate, and a nearby parking space. The Authority found that the longstanding program directly affected…

May 3, 1995 ·FLRA
Upheld
ALJ

B & A Coal Company

Three brake violations affirmed, $150 penalty assessed

B & A Coal Company operated an underground drift opening mine with three rubber-tired, self-propelled battery-operated tractors used to transport coal. During an inspection, MSHA found that the tractors' parking brakes did not engage automatically when the equipment was deenergized, as required by…

May 2, 1995 ·Avram Weisberger ·FMSHRC
Citations affirmed
COMM

Department of Housing and Urban Development, Region IX and NFFE Local 1450 and AFGE Local 2403

HUD Region IX, NFFE Local 1450, and AFGE Local 2403 (FLRA SF-RO-40054): local could not object to election

NFFE Local 1450 won a majority of valid votes in a representation election for HUD Region IX employees. AFGE Local 2403 objected to how the election was conducted, but the regional director dismissed its objections because the local was not a party to the election proceeding. The Authority agreed…

April 28, 1995 ·FLRA
Upheld
COMM

Naval Facilities Engineering Service Center, Port Hueneme and National Association of Government Employees Locals R12-28 and R12-196

Naval Facilities Engineering Service Center and NAGE locals (FLRA SF-CU-40012, SF-CU-40020): unions retain representation after reorganization

A Navy reorganization transferred employees from the Naval Civil Engineering Laboratory into the Naval Facilities Engineering Service Center. The regional director had dismissed NAGE's petitions to preserve representation of the transferred employees. The Authority revised its test for when a…

April 28, 1995 ·FLRA
Set aside
COMM

In re Patricio CHAIREZ-Castaneda, Respondent

In re Patricio CHAIREZ-Castaneda (BIA ID 3248): deferred judgment counted as a final conviction

Patricio Chairez-Castaneda, a lawful permanent resident from Mexico, pleaded guilty in Colorado to possessing cocaine and received a deferred judgment and sentence. The Immigration Judge found that the conviction was final for immigration purposes and ordered him deported. The Board held that a…

April 28, 1995 ·BIA
Affirmed
COMM

In re Adolfo Jose GRIJALVA, Respondent

In re Adolfo Jose GRIJALVA (BIA ID 3246): hearing notice was proper; appeal evidence sent to judge

Adolfo Jose Grijalva was ordered deported in absentia after he did not appear for a hearing, and the Immigration Judge denied his motion to reopen. The Board held that personal service of the Order to Show Cause requires a signed certified-mail receipt when personal service is not practicable, but…

April 28, 1995 ·BIA
Remanded
COMM

In re Patrick Norman THOMAS, Respondent

In re Patrick Norman THOMAS (BIA ID 3245): non-final convictions considered in discretionary relief

Patrick Norman Thomas, a Jamaican national, was ordered deported after an Immigration Judge found him deportable and denied his request for voluntary departure. His convictions for serious offenses were still on direct appeal, so the Board held that they could not support a conviction-based…

April 28, 1995 ·BIA
Affirmed
COMM

Federal Aviation Administration, New York TRACON and National Air Traffic Controllers Association, New York TRACON Local

FAA New York TRACON and NATCA (FLRA BY-CA-21180, BY-CA-21233): privacy bars identified appraisal disclosure

The National Air Traffic Controllers Association asked FAA New York TRACON for unredacted performance appraisals after employees raised concerns about their ratings. The FAA declined to supply records identifying the employees without their written consent. An administrative law judge found that…

April 28, 1995 ·FLRA
Set aside
COMM

Baker Concrete Constr. Co.

Scaffold-access citation vacated for lack of fair notice

Baker Concrete employees climbed formwork to reach a partially dismantled scaffold at a shopping-mall construction site. An administrative law judge affirmed a serious citation for failing to provide a ladder or equivalent safe access and assessed $2,500. The Commission reversed because three OSHA…

April 27, 1995 ·OSHRC
Citations vacated
COMM

Construction Materials Corporation

Default order reopened and remanded

Construction Materials Corporation did not answer the Secretary's proposed civil penalty or an order to show cause, so the ALJ entered a default order and assessed $645. The company later said it had responded in letters to the judge and asked for reconsideration. The Commission treated the late…

April 26, 1995 ·FMSHRC
Remanded
COMM

General Motors Corporation, Delco Chassis Division

Lockout citations vacated

General Motors employees serviced automated manufacturing equipment without locking out its energy sources, relying instead on interlocked gates, emergency stops, and machine controls. The Commission held that the lockout/tagout standard applied only when unexpected energization, startup, or…

April 26, 1995 ·OSHRC
Citations vacated
COMM

Buck Creek Coal Company

Blanket stay vacated

Buck Creek Coal Inc. challenged an ALJ's order that continued a blanket stay covering more than 300 contest and civil-penalty proceedings while the Secretary considered related criminal investigations. The Commission held that the record did not show enough overlap between the civil and criminal…

April 25, 1995 ·FMSHRC
Citations vacated
COMM

Malcolm Billings v. Bath Iron Works Corporation and Commercial Union Insurance Company

Billings v. Bath Iron Works (BRB 94-3702): hearing loss award start date changed

Malcolm Billings received Longshore Act benefits for hearing loss after retiring from Bath Iron Works. The Board held that his award began with his last injurious noise exposure in 1980, rather than when he filed his claim in 1985. This decision also stated that interest was due on the entire…

April 25, 1995 ·BRB
Modified
COMM

Jess Seals v. Glen Coal Company and Old Republic Insurance Company

Seals v. Glen Coal (BRB 92-1887): Prescription costs for lung treatment upheld

Jess Seals sought payment for prescriptions used to treat pulmonary conditions after receiving black lung medical benefits. The coal company argued that the medicines were unrelated to his pneumoconiosis. Applying a Fourth Circuit presumption that treatment of a pulmonary disorder relates to or is…

April 25, 1995 ·BRB
Affirmed
ALJ

Midwest Material Corporation

Crane-boom citation affirmed with $1,500 penalty

Midwest Material Corporation operated a sand and gravel processing facility in Illinois. A miner died after a section of a crane boom dropped while he was helping extend the boom without first lowering it to the ground or mechanically securing it. Judge Arthur J. Amchan found a significant and…

April 24, 1995 ·Arthur J. Amchan ·FMSHRC
Citations affirmed
COMM

RGM Construction Company

Four bridge-safety items affirmed and two vacated

RGM Construction Company was widening a Texas bridge when OSHA cited fall-protection and water-safety conditions. The Commission affirmed a serious fall-protection item because tying a lanyard to an unsecured work platform could pull the platform down with a falling employee. It also affirmed items…

April 24, 1995 ·OSHRC
Mixed result
COMM

Ross Incineration Services, Inc.

In re Ross Incineration Services, Inc. (EAB RCRA Appeal No. 93-3): review denied over separate metal feed limits

Ross Incineration Services sought a Class II RCRA permit modification to add a rotary kiln to its hazardous waste incinerator. Ross proposed one system-wide set of metal feed rate limits based on its assumption that the kiln was the worst feed location, but the trial burn showed statistically…

April 21, 1995 ·EPA EAB
Other
ALJ

Branham & Baker Coal Company

Discrimination settlement approved

Garis Martin brought a Mine Act discrimination complaint against Branham & Baker Coal Company. The parties submitted a settlement agreement, and Martin consented to it on the record. Judge Gary Melick approved the settlement and ordered the company to pay a nominal $1 civil penalty within 30 days…

April 21, 1995 ·Gary Melick ·FMSHRC
Settled
ALJ

Cougar Coal Company

Smoking-sweep interference citation affirmed

Cougar Coal Company told an underground foreman that MSHA inspectors were at the mine during a surprise inspection intended to find smoking materials. Judge Arthur J. Amchan held that the warning interfered with MSHA's reasonable inspection technique and violated the Mine Act's right-of-entry…

April 21, 1995 ·Arthur J. Amchan ·FMSHRC
Citations affirmed
ALJ

Griesmer Stone Company

Loose-ground violations split

Springfield Underground and Griesmer Stone operated a limestone mine where MSHA alleged hazardous loose-ground conditions in several areas. Judge Roy J. Maurer found that some rock had to be excavated with powerful mechanical equipment and was not loose ground under the cited standard, so three…

April 21, 1995 ·Roy J. Maurer ·FMSHRC
Mixed result
ALJ

Doverspike Brothers Coal Co.

Settlement approved with reduced penalty

Doverspike Brothers Coal Co. faced a proposed civil penalty of $3,200 for a Mine Act violation. The Secretary and the operator submitted a settlement that reduced the penalty to $2,200. Judge Avram Weisberger found the settlement acceptable under the statutory penalty criteria, approved it, and…

April 20, 1995 ·Avram Weisberger ·FMSHRC
Settled
COMM

S.A. Healy Co.

Double-jeopardy defense rejected and penalties remanded

S.A. Healy Co. was the tunneling contractor on a Milwaukee sewer project where a methane explosion killed three employees. OSHA issued 68 willful citation items under its instance-by-instance policy, and 49 of those items covered conduct for which the company was also criminally convicted and fined…

April 20, 1995 ·OSHRC
Remanded
COMM

In re XIU HONG LI, Beneficiary of visa petition filed by BAO YI XU, Petitioner

In re XIU HONG LI (BIA ID 3244): terminated adoption and natural parent-child relationships

Bao Yi Xu filed a visa petition for Xiu Hong Li as his daughter, but the record showed that she had been adopted in China and that the adoption was later terminated. The Board held that a qualifying adoption severs the natural parent-child relationship for immigration purposes, but that the natural…

April 19, 1995 ·BIA
Remanded
COMM

John H. Quinlan, d/b/a Quinlan Enterprises

Crane case ends in a settlement the Commission incorporates into its order

OSHA cited Quinlan Enterprises in February 1993 over its crane operations. Administrative Law Judge Nancy J. Spies decided the case in March 1994. She vacated the item charging use of the crane to handle personnel and vacated the inspection item, and she affirmed three items: $800 for the personnel…

April 19, 1995 ·OSHRC
Settled
COMM

ConAgra, Inc.

Joint motion ends Commission review

OSHA cited ConAgra after an employee at a Buffalo grain elevator was seriously injured when a rail-car puller's wire cable snapped. The underlying judge affirmed a general-duty-clause violation as serious, affirmed stair and platform guarding violations, and vacated a lockout…

April 19, 1995 ·OSHRC
Procedural
COMM

John H. Quinlan, d/b/a Quinlan Enterprises

Crane and fall-protection items affirmed

Quinlan Enterprises was erecting steel for a Georgia retail building when OSHA observed employees installing roof decking more than 36 feet above the ground without fall protection. The Commission affirmed the serious fall-protection item because the steel-erection rules did not displace the…

April 19, 1995 ·OSHRC
Citations affirmed
COMM

Well Solutions, Inc., Rig No. 30

Blowout-preventer and training violations affirmed

A Well Solutions crew was changing a pump at a horizontal oil well in south Texas when a blowout and fire killed two employees and seriously injured two others. The Commission found that the well-servicing industry recognized the need for a blowout preventer under the conditions at this relatively…

April 19, 1995 ·OSHRC
Citations affirmed
COMM

DiGioia Brothers Excavating, Inc.

Trench protection and inspection violations affirmed

DiGioia Brothers Excavating installed residential water and sewer lines in an excavation more than eight feet deep. The Commission found that most contemporaneous soil tests showed compressive strength below the threshold for Type A soil, while tests performed months later at nearby locations did…

April 18, 1995 ·OSHRC
Citations affirmed
ALJ

Deatley Company, Inc.

Settlement approved for $252 penalty

Deatley Company, Inc. faced a proposed civil penalty for a citation at its Plant No. 3 operation. The parties agreed that the company would pay the originally proposed $252 penalty. Judge Richard W. Manning found the settlement appropriate under the Mine Act's penalty criteria, approved it, and…

April 17, 1995 ·Richard W. Manning ·FMSHRC
Settled
ALJ

Zenith Tech, Inc.

Bridge-opening fall citation vacated

Zenith Tech performed bridge-demolition work on a Milwaukee freeway project. OSHA alleged that employees cutting rebar, attaching lifting chains, and cleaning the deck came too close to an unguarded opening about 15 feet above the ground. The compliance officer estimated distances from about half a…

April 17, 1995 ·Benjamin R. Loye ·OSHRC
Citations vacated
COMM

K.O. Manufacturing, Inc.

In re K.O. Manufacturing, Inc. (EAB EPCRA Appeal No. 93-1): reporting violation found and remanded for penalty

EPA Region VII alleged that K.O. Manufacturing failed to file a Form R for glycol ether compounds processed during calendar year 1987. K.O. argued that 2-Butoxyethanol had its own CAS number but was not individually listed in the applicable chemical lists, so the reporting requirement was unclear…

April 13, 1995 ·EPA EAB
Remanded
ALJ

Walker Stone Company, Inc.

Crusher citations split

Walker Stone Company operated a quarry and mill where an employee was fatally crushed while workers were clearing a plugged impact crusher. Judge Roy J. Maurer vacated one citation because the cited repair and maintenance standard did not apply to the work being performed. He affirmed a second…

April 12, 1995 ·Roy J. Maurer ·FMSHRC
Mixed result
COMM

Donley's Inc.

Parking-garage guardrail violation affirmed

Donley's Inc. reconstructed a parking garage by removing floor sections and replacing them with formwork and metal pans. Employees worked beside an opening to the floor 12 feet below, where the company used sawhorses as warnings instead of standard guardrails. The Commission reversed the judge's…

April 12, 1995 ·OSHRC
Citations affirmed
COMM

CECO Corp.

Ladder and scaffold violations affirmed after fatal fall

A CECO laborer suffered a fatal 18-foot fall from an improvised stairwell scaffold made from a narrow aluminum plank, a straight ladder, and closed stepladders. The Commission admitted evidence that the judge had excluded, but found that the employee's prior statements did not undermine his…

April 12, 1995 ·OSHRC
Citations affirmed
ALJ

Arkhola Sand & Gravel, Inc. and Vernon McMahon

Conveyor citation vacated and personal-liability docket dismissed

Arkhola operated a sand plant in Oklahoma where a conveyor accident seriously injured a maintenance employee after the conveyor was restarted while he was on it. The judge found that the cited lockout standard, 30 C.F.R. § 56.12016, addressed electrical hazards and was not the applicable standard…

April 11, 1995 ·Jerold Feldman ·FMSHRC
Citations vacated
COMM

National Treasury Employees Union, Chapter 24 and Internal Revenue Service

NTEU Chapter 24 and IRS (FLRA 0-AR-2602): holiday credit-hours grievance sustained and remedy remanded

An IRS alternative work schedule agreement let employees earn credit hours for holiday work. The agency ended that provision, and an arbitrator denied the union's grievance after finding it inconsistent with the holiday premium-pay statute. The Authority held that the cited pay statute did not…

April 11, 1995 ·FLRA
Remanded
COMM

Baker Tank Co./Altech, a Div. of Justiss Oil

Tank-entry training and electrical violations affirmed

Baker Tank employees entered an emptied crude-oil storage tank to cut apart an internal aluminum roof using electric saws. Residual sludge contained volatile solvent, and an explosion after the crew reentered the tank killed three employees. The Commission found that Baker had not adequately…

April 10, 1995 ·OSHRC
Citations affirmed
COMM

Dunkard Mining Company

Default order vacated and remanded

Dunkard Mining Company failed to answer a proposed civil penalty assessment and a show-cause order, so the ALJ entered a default order assessing $1,949. The company later sent the Commission a letter stating that it had responded to the penalty proposal, and identified that response by the docket…

April 7, 1995 ·FMSHRC
Remanded

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.