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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ALJ

Broken Hill Mining Company

One citation modified and one vacated

Broken Hill Mining Company and employee Donald Kidd faced separate citations after a lighter was found in Kidd's lunch bucket at the No. 1 Mine. Judge T. Todd Hodgdon found that the evidence did not prove Kidd willfully carried the lighter underground, so he vacated Kidd's citation and dismissed…

March 10, 1995 ·T. Todd Hodgdon ·FMSHRC
Mixed result
COMM

National Association of Government Employees, Local R1-109 and Department of Veterans Affairs Medical Center, Newington

NAGE Local R1-109 and VA Newington Medical Center (FLRA 0-AR-2663): five-day suspension upheld

A VA Medical Center suspended an employee for five days after an incident involving beer during his shift and abusive language toward a supervisor. An arbitrator found just cause for the suspension and denied the grievance. NAGE Local R1-109 challenged the arbitrator's interpretation of agency…

March 10, 1995 ·FLRA
Upheld
ALJ

Energy West Mining Company

$50 citation affirmed

Energy West Mining Company was cited at its Cottonwood Mine after three nonpermissible diesel trucks were found in a two-entry longwall panel during equipment installation. The judge held that the belt-haulage entry remained a belt-haulage entry while the conveyor was being modified, and that the…

March 9, 1995 ·Richard W. Manning ·FMSHRC
Citations affirmed
COMM

Swing-A-Way Manufacturing Co.

In re Swing-A-Way Manufacturing Co. (EAB EPCRA Appeal No. 94-1): nickel reporting violation and $48,000 penalty affirmed

Swing-A-Way Manufacturing made manual can openers and ice crushers in St. Louis, Missouri. EPA alleged that it failed to file required EPCRA Form R reports for nickel and sulfuric acid. The Environmental Appeals Board held that EPA proved Swing-A-Way processed more than the 25,000-pound nickel…

March 9, 1995 ·EPA EAB
Affirmed
ALJ

North Western Resources Company

Discrimination complaint dismissed

Carl Stoecker alleged that North Western Resources Company discharged him because of safety-related complaints at its Jewett Mine. Judge Jerold Feldman found that Stoecker’s concerns about a substitute crusher operator and a coworker’s ability to perform heavy lifting were protected activity. The…

March 9, 1995 ·Jerold Feldman ·FMSHRC
Other
ALJ

Edward Schumacher

$1,500 settlement approved

Edward Schumacher, an employee of Midwest Material Corporation, was the respondent in a civil penalty proceeding at the Lacon Plant. The parties asked the Judge to approve a settlement that reduced the penalty from $9,500 to $1,500. Judge Arthur J. Amchan found the settlement consistent with the…

March 8, 1995 ·Arthur J. Amchan ·FMSHRC
Settled
ALJ

Hico Transport, Inc. and Jay Crase

Default judgment entered

Jerry Slone alleged that Hico Transport, Inc. and Jay Crase discharged him in retaliation for activity protected by the Mine Act. After MSHA declined to find a violation, Slone filed his own Commission action under section 105(c)(3). The respondents did not answer the complaint or comply with…

March 8, 1995 ·Arthur J. Amchan ·FMSHRC
Procedural
COMM

Sav-Mart, Inc.

In re Sav-Mart, Inc. (EAB FIFRA Appeal No. 94-3): $5,000 penalty assessment upheld

Sav-Mart operated supermarkets in Arizona. Its owner diluted registered Diazinon Spray, put the mixture into used detergent bottles, and offered the bottles for sale with copied and handwritten labels. Sav-Mart admitted four FIFRA violations, and the Presiding Officer assessed a combined $5,000…

March 8, 1995 ·EPA EAB
Affirmed
COMM

Cavenham Forest Industries Inc.

In re Cavenham Forest Industries Inc. (EAB RCRA Appeal No. 93-2): appeal dismissed as moot

Cavenham Forest Industries challenged conditions in an EPA Region VI corrective-action permit for property near Urania, Louisiana. The company asked EPA to remove five oil pits and two drainage ditches from the permit table listing solid waste management units requiring an immediate RCRA Facility…

March 7, 1995 ·EPA EAB
Procedural
ALJ

Winn Construction Company, Inc.

Three-mine settlement approved for $9,700

Winn Construction Company, Inc. faced civil penalty proceedings involving the Browns Valley, Maxwell, and Free Silver Mines. The parties proposed reducing the combined penalty from $27,500 to $9,700. Judge Gary Melick found the settlement acceptable under the Mine Act's statutory criteria. He…

March 7, 1995 ·Gary Melick ·FMSHRC
Settled
ALJ

Ky Harlan Coal Co., Inc.

$4,000 settlement approved

Ky Harlan Coal Co., Inc. was the respondent in a civil penalty proceeding involving its Prep Plant and Loading operation. After a hearing, the parties jointly moved to approve a settlement. Judge William Fauver found the settlement consistent with the purposes of section 110(i) of the Mine Act and…

March 7, 1995 ·William Fauver ·FMSHRC
Settled
ALJ

Winn Transportation Corp.

$800 settlement approved

Winn Transportation Corp. was the respondent in a civil penalty proceeding involving the Browns Valley Mine. At the hearing, the Secretary moved to approve a settlement and dismiss the case, and the respondent agreed to pay the proposed $800 penalty. Judge Gary Melick found the settlement…

March 7, 1995 ·Gary Melick ·FMSHRC
Settled
ALJ

Peabody Coal Company

$302 settlement approved

Peabody Coal Company was the respondent in a civil penalty proceeding involving the Martwick Underground Mine. The Secretary proposed a settlement reducing the penalty from $378 to $302. Judge Gary Melick found the settlement acceptable under the Mine Act criteria and approved it. The $302 penalty…

March 6, 1995 ·Gary Melick ·FMSHRC
Settled
ALJ

Peabody Coal Company

Contest dismissed as moot after settlement

Peabody Coal Company contested a citation involving its Martwick Underground Mine. At a January 31, 1995 hearing, the Judge found that the contest had become moot because the parties settled the associated penalty for the underlying citation in KENT 94-1321. Judge Gary Melick dismissed the contest.

March 6, 1995 ·Gary Melick ·FMSHRC
Procedural
ALJ

Peabody Coal Company

Partial settlement approved and remaining citation stayed

Peabody Coal Company faced a civil penalty proceeding involving the Martwick U.G. Mine. The parties proposed reducing the penalties for two citations from $2,067 to $1,867, and Judge Gary Melick found that partial settlement acceptable under the Mine Act criteria. He approved the $1,867 penalty…

March 6, 1995 ·Gary Melick ·FMSHRC
Mixed result
ALJ

Peabody Coal Company

$1,300 settlement approved

Peabody Coal Company was the respondent in a civil penalty proceeding involving the Martwick Underground Mine. The Secretary proposed a settlement reducing the penalty from $2,000 to $1,300. Judge Gary Melick found the settlement acceptable under the Mine Act criteria and approved it. The $1,300…

March 6, 1995 ·Gary Melick ·FMSHRC
Settled
ALJ

Thor Construction

Fall-protection and tagline violations affirmed

Thor Construction was cited for nine serious violations during a structural-steel construction project. Before the hearing, the parties settled seven items by vacating three, reclassifying four as other than serious, and agreeing to $3,000 in penalties. The judge found that several employees worked…

March 6, 1995 ·Michael H. Schoenfeld ·OSHRC
Mixed result
COMM

Consolidation Coal Company

Dust-abatement violation affirmed as non-S&S

Consolidation Coal Company was cited after it did not timely reduce respirable dust at its Blacksville No. 2 underground coal mine during the abatement period for an earlier dust citation. The Commission affirmed in result the judge's determination that the conceded dust-abatement violation was not…

March 3, 1995 ·FMSHRC
Citations affirmed
COMM

F.W. Contractors, Inc.

Default relief sent back to the judge

F.W. Contractors received a $2,700 civil penalty after it failed to answer the Secretary's penalty proposal and a judge's show-cause order. The company's safety director wrote to the Commission seeking relief and said that F.W. had answered the penalty petition in an October 20, 1994 letter to the…

March 3, 1995 ·FMSHRC
Remanded
COMM

Department of Veterans Affairs Medical Center, Nashville and American Federation of Government Employees, Local 2400

VA Nashville Medical Center and AFGE Local 2400 (FLRA AT-CA-30628): surveillance change required bargaining

The VA Medical Center in Nashville installed the capability to use covert electronic surveillance for security purposes without first notifying AFGE Local 2400. An administrative law judge found that this changed employees' working conditions and required bargaining over its impact and…

March 2, 1995 ·FLRA
Upheld
COMM

Department of Defense Dependents Schools and Overseas Education Association

Defense Dependents Schools and Overseas Education Association (FLRA WA-CA-20892): travel policy change required bargaining

The Department of Defense Dependents Schools changed reimbursement for Germany Region employees who used their own vehicles to reach alternate duty sites. It did so without bargaining with the Overseas Education Association over the change's impact and implementation. An administrative law judge…

February 28, 1995 ·FLRA
Upheld
ALJ

Harlan Cumberland Coal Company

Settlement approved at $426

Harlan Cumberland Coal Company and the Secretary jointly asked the judge to approve a settlement for two citations at the C-2 Mine. The proposed settlement reduced the total penalty from $534 to $426, with each citation reduced from $267 to $213. Judge Roy J. Maurer found the settlement appropriate…

February 28, 1995 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Earl Caudill

Settlement approved for $1,250 penalty

Earl Caudill agreed to pay a proposed civil penalty of $1,250 in a case involving the Polly #3 mine in Perry County, Kentucky. The Secretary asked the judge to approve the settlement and dismiss the case. Judge Gary Melick found the settlement acceptable under the Mine Act's penalty criteria. The…

February 28, 1995 ·Gary Melick ·FMSHRC
Settled
COMM

Aubrey-National, Inc.

Case dismissed after Secretary withdrew citation

Aubrey-National, Inc. operated a plastic manufacturing facility where an employee was electrocuted after falling into exposed conductors in a regrinding machine's electrical control box. OSHA cited the company for failing to guard live electrical parts with an approved enclosure. The administrative…

February 28, 1995 ·OSHRC
Procedural
COMM

National Federation of Federal Employees, Locals 2096 and 2096SW and Navy Public Works Center, San Diego

NFFE Locals 2096 and 2096SW and Navy Public Works Center (FLRA 0-AR-2685): career-ladder promotions denied

Two Navy Public Works Center employees sought career-ladder promotions after one year at their existing grades. An arbitrator denied their grievance, finding legitimate supervisory concerns about their qualifications for the next grades and no proven practice of automatic anniversary promotions…

February 28, 1995 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1760 and Social Security Administration, Northeastern Processing Center

AFGE Local 1760 and SSA Northeastern Processing Center (FLRA 0-AR-2662): three-day suspension upheld

The Social Security Administration suspended an employee for three days after an altercation with his supervisor. An arbitrator found just cause for the suspension based on her assessment of the evidence. AFGE Local 1760 argued that the award did not properly apply the parties' progressive…

February 28, 1995 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1668 and Alaska Native Medical Center

AFGE Local 1668 and Alaska Native Medical Center (FLRA 0-AR-2660): classification backpay grievances denied

Two Alaska Native Medical Center employees sought revised job descriptions and backpay for duties they said belonged to higher grades. Their positions and descriptions were revised while the grievances were pending. An arbitrator found that the classification claims were outside the negotiated…

February 28, 1995 ·FLRA
Upheld
COMM

Department of Defense, Defense Logistics Agency and American Federation of Government Employees, Local 2693

Defense Logistics Agency and AFGE Local 2693 (FLRA 0-AR-2615): union president's suspension overturned

The Defense Logistics Agency suspended a union president for seven days after he distributed a letter accusing supervisors of dishonesty. An arbitrator found the letter's language excessive but concluded it was protected union activity rather than flagrant misconduct. He ordered backpay, restored…

February 28, 1995 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Three safety orders affirmed with $9,600 penalty

Consolidation Coal was cited at its Arkwright No. 1 underground coal mine for three alleged safety violations. The ALJ found that a water pump lacked required fire protection, combustible material had accumulated around a belt-line pony drive, and a stopping created about 600 feet of dead air where…

February 27, 1995 ·William Fauver ·FMSHRC
Citations affirmed
COMM

Oleta W. Stone (Widow of Coy Stone) v. Newport News Shipbuilding and Dry Dock Company

Stone v. Newport News Shipbuilding (BRB 88-3467): Special Fund relief reconsidered

Coy Stone worked as a shipyard pipefitter and was exposed to asbestos. After his death, a judge awarded disability compensation for asbestos related respiratory impairment and death benefits to his widow, with later payments assigned to the Special Fund. The Board held that Stone's kidney condition…

February 27, 1995 ·BRB
Remanded
COMM

American Federation of Government Employees, Local 2921 and Army and Air Force Exchange Service

AFGE Local 2921 and Army and Air Force Exchange Service (FLRA 0-AR-2698): detail grievance ruled untimely

AFGE Local 2921 grieved two employees' details to higher-grade positions at the Army and Air Force Exchange Service. An arbitrator found the grievance late and improperly filed as a union grievance under the parties' agreement, so he did not reach the detail claims. The union argued that the award…

February 27, 1995 ·FLRA
Upheld
COMM

U.S. National Park Service, Santa Monica Mountains Recreation Area and Laborers' International Union of North America

National Park Service, Santa Monica Mountains (FLRA SF-RO-30074): election questions returned for further findings

Two National Park Service employees missed a union election while away for training, and the ballot of park ranger Charles Whitman was challenged on supervisory grounds. The Authority adopted a standard for setting aside an election when a party caused eligible voters to miss a potentially decisive…

February 24, 1995 ·FLRA
Remanded
ALJ

Big "B" Mining Company

Discrimination complaint dismissed

Randall Patsy alleged that Big "B" Mining Company discriminated against him when it discharged him. The judge found that Patsy was working at a mobile home campground when he was discharged, not at a mine, and therefore was not a miner covered by the Mine Act at that time. Patsy also failed to…

February 24, 1995 ·Jerold Feldman ·FMSHRC
Procedural
COMM

Seymour Johnson Air Force Base and National Association of Government Employees, Local R5-188

Seymour Johnson Air Force Base and NAGE Local R5-188 (FLRA AT-CA-30524): discriminatory discharge claim dismissed

A cook at Seymour Johnson Air Force Base helped organize employees for NAGE Local R5-188, then lost his job when the base eliminated a restaurant position. The union alleged that the discharge was retaliation for his organizing activity. An administrative law judge found that the record did not…

February 24, 1995 ·FLRA
Upheld
COMM

Brickfield Builders, Inc.

Scaffold-foundation citation vacated

Brickfield Builders, Inc. was the masonry contractor for a school addition in Galena Park, Texas. OSHA alleged that the foundation of the south-side scaffold was unstable because it shared part of a haphazard anchorage supporting a west-side scaffold. The administrative law judge credited the…

February 24, 1995 ·OSHRC
Citations vacated
COMM

Phoenix Roofing Inc.

Unguarded translucent skylight violation affirmed

Phoenix Roofing Inc. was reroofing a Texas warehouse when an employee fell through an unguarded skylight made of translucent material and died. The Commission held that the term “skylight opening” in the cited standard includes an intact skylight when its material cannot protect a worker from…

February 24, 1995 ·OSHRC
Citations affirmed
COMM

American Federation of Government Employees, Local 987 and Robins Air Force Base

AFGE Local 987 and Robins Air Force Base (FLRA 0-AR-2690): environmental pay claim denied

Employees at Robins Air Force Base sought environmental differential pay for work in a particular building. The arbitrator denied their grievance after finding that air tests showed no hazard or employee exposure, and that the Air Force had taken protective measures. AFGE Local 987 argued that the…

February 24, 1995 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1869 and Charleston Air Force Base

AFGE Local 1869 and Charleston Air Force Base (FLRA 0-AR-2681): reprimand upheld after altercation

Charleston Air Force Base reprimanded an employee after an altercation with a supervisor. An arbitrator found the employee's use of physical means to resolve the dispute disruptive and denied the grievance. AFGE Local 1869 argued that the arbitrator unfairly excluded evidence about the supervisor…

February 24, 1995 ·FLRA
Upheld
COMM

General Services Administration and National Federation of Federal Employees

GSA and NFFE (FLRA WA-CA-30544): hybrid work schedule clause unenforceable

The General Services Administration told the National Federation of Federal Employees that it would no longer follow a contract clause allowing workers to combine flexible and compressed schedules. The union's unfair labor practice complaint alleged that this repudiated their agreement. The…

February 23, 1995 ·FLRA
Set aside
ALJ

Jim Walter Resources, Inc.

Contest resolved and settlements approved

Judge David F. Barbour resolved a consolidated group of contest and civil-penalty proceedings involving Jim Walter Resources and several individuals at the No. 4, No. 5, and No. 7 Mines. He affirmed an order issued after a hoisting-equipment accident and affirmed the related reporting citation…

February 23, 1995 ·David F. Barbour ·FMSHRC
Mixed result
ALJ

Brushy Creek Coal Co., Inc.

Settlements approved at $4,286

Brushy Creek Coal faced two proposed penalties involving respirable dust and an underground fire-suppression system. The respirable-dust matter involved samples averaging 2.3 mg/m3 against a 2.0 mg/m3 limit, and the fire-suppression matter involved nozzles that were not directed at the top belt…

February 23, 1995 ·George A. Koutras ·FMSHRC
Settled
COMM

Immigration and Naturalization Service, Houston District and AFGE Local 3332

INS Houston District and AFGE Local 3332 (FLRA DA-CA-30056): existing shift did not require new bargaining notice

The Immigration and Naturalization Service assigned Houston airport inspectors to a 4 p.m. to midnight shift that had been established years earlier. AFGE Local 3332 alleged that the agency had changed working conditions without giving notice or a chance to bargain. An administrative law judge…

February 23, 1995 ·FLRA
Set aside
COMM

Mary L. Moody v. Ingalls Shipbuilding, Incorporated

Moody v. Ingalls Shipbuilding (BRB 90-1032): reconsideration denied and Board counsel fee awarded

Ingalls Shipbuilding asked the Board to reconsider an earlier attorney fee decision in Mary Moody's Longshore case. The Board denied the request because Ingalls raised no new arguments. It clarified that one fee objection should not have been reached earlier because Ingalls had not raised it before…

February 23, 1995 ·BRB
Procedural
ALJ

C.W. Mining Company

Citations split between vacated and affirmed

C.W. Mining Company was cited at the Bear Canyon No. 1 Mine for ventilation, fire-protection, smoking-control, and self-contained self-rescue requirements. The judge approved a partial settlement for several citations, vacated six citations for insufficient evidence or inoperability, and affirmed…

February 22, 1995 ·John J. Morris ·FMSHRC
Mixed result
COMM

Henry A. Ross v. Ingalls Shipbuilding, Incorporated

Ross v. Ingalls Shipbuilding (BRB 92-2247): attorney fee award affirmed

Henry Ross received Longshore compensation for work related hearing loss after Ingalls Shipbuilding had voluntarily paid a smaller amount. The judge awarded his lawyer a fee of $2,255 plus expenses. Ingalls argued that the fee should be limited by the extra benefits obtained and further reduced for…

February 22, 1995 ·BRB
Affirmed
ALJ

Residential Contracting, Inc.

Late notice of contest dismissed

OSHA issued Residential Contracting, Inc. a serious citation and proposed penalty. After certified mail sent to the company president's residence was returned unclaimed, a compliance officer delivered the documents to the company's designated mail-receiving location with the president's approval…

February 22, 1995 ·Irving Sommer ·OSHRC
Procedural
ALJ

Voodoo Constr. Corp.

Broken-fax excuse did not save late contest

OSHA issued Voodoo Construction Corporation serious and repeat citations that the company received on November 29, 1993. The company said it faxed the documents to its attorney, but his fax machine malfunctioned and neither the company nor counsel followed up in time to file a contest. The judge…

February 22, 1995 ·Irving Sommer ·OSHRC
Procedural
COMM

Antilles Consolidated Education Association and Antilles Consolidated School System

Antilles school system and education association (FLRA 0-AR-2610): reassignment award stands

The Antilles Consolidated School System reassigned employees to other schools in the same commuting area without giving them extra time to move. Their association grieved the reassignments, but the arbitrator found that the contract gave the school system discretion over transition time and denied…

February 22, 1995 ·FLRA
Upheld
COMM

ASARCO, Inc.

Dismissal vacated and matter remanded

The Commission reviewed an administrative law judge's dismissal of civil penalty proceedings against ASARCO, Inc. The judge had dismissed the cases based on an earlier Commission decision concerning single-shift samples used to determine violations of the respirable dust standard for underground…

February 17, 1995 ·FMSHRC
Remanded
ALJ

Consol Pennsylvania Coal Co.

Coal-dust and preshift citations affirmed

Consol Pennsylvania Coal Company was cited for coal and float-coal-dust accumulations along a longwall belt entry and for preshift examiners' failure to report hazardous conditions. The judge found the coal-dust conditions and the preshift-examination violation proven, significant and substantial…

February 17, 1995 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

R.G. Friday Masonry, Inc.

Repeated guardrail violations affirmed, penalties reduced

R.G. Friday Masonry was the masonry subcontractor at two Pittsburgh construction sites where employees worked on tubular welded-frame scaffolds with missing or inadequate guardrails. The company argued that guardrail installation had to be delayed for orderly work flow and material handling, but…

February 16, 1995 ·OSHRC
Modified
ALJ

Mingo Logan Coal Company

Contractor training violation affirmed

Mingo Logan Coal Company operated the Mountaineer Mine and was cited after an independent contractor employee received experienced-miner training instead of new-miner training. The judge held that Mingo Logan could be cited because the contractor's employee worked near Mingo Logan miners and could…

February 15, 1995 ·Roy J. Maurer ·FMSHRC
Citations affirmed
ALJ

Buck Creek Coal, Inc.

Stay continued pending status conference

Buck Creek Coal, Inc. faced a large group of civil penalty and contest proceedings involving its Buck Creek Mine. The ALJ had stayed the cases while the United States Attorney considered related criminal prosecutions. After the criminal cases were completed, the Secretary requested another 90-day…

February 15, 1995 ·T. Todd Hodgdon ·FMSHRC
Procedural
COMM

Edward C. Barnes v. Director, Office of Workers' Compensation Programs

Barnes v. Director, OWCP (BRB 93-0584): Benefit denial reopened on reconsideration

Edward Barnes's black lung claim had been denied, and the Board had initially affirmed the denial without addressing arguments in the Labor Department's response brief. On reconsideration, the Board held that it could address those arguments. It found that the judge had used the invalid true-doubt…

February 15, 1995 ·BRB
Remanded
COMM

Ruhlin Co.

EAJA expense award reduced to $120.08

Ruhlin Company sought fees and expenses under the Equal Access to Justice Act after prevailing on two construction citation items. The Commission held that reasonable and necessary attorney travel expenses customarily charged to a client are recoverable, so it allowed $57.04 for mileage and…

February 15, 1995 ·OSHRC
Modified
COMM

Wallace K. Nelson v. Guy F. Atkinson Construction Company

Nelson v. Guy F. Atkinson Construction (BRB 91-1850): dry land lock site outside coverage

Wallace Nelson was injured while preparing explosives for excavation of a new lock near the Columbia River. The site was dry land that had never been part of the river, though the planned lock would later be used for navigation. The Board held that the site's future use did not make it navigable…

February 14, 1995 ·BRB
Affirmed
COMM

L & M Lignos Enterprises

Safety-training violation affirmed, penalty reduced to $750

L & M Lignos Enterprises was a bridge painting and sandblasting firm working beneath a bridge in Cleveland, Ohio. Employee Emmanuel Kleoudis fell from a suspended scaffold onto a barge and later died from his injuries. Although the company told employees to use safety belts and lifelines above 10…

February 14, 1995 ·OSHRC
Modified
COMM

American Federation of Government Employees, Local 2419 and National Institutes of Health

AFGE Local 2419 and NIH (FLRA 0-AR-2626): attorney fees denied without backpay

AFGE Local 2419 partly won a grievance that led an arbitrator to order the National Institutes of Health to monitor compliance with occupational safety and health requirements. The union then sought attorney fees, but the arbitrator denied them because the award included no backpay. The union…

February 14, 1995 ·FLRA
Upheld
ALJ

Woronoffs Furniture

Untimely contest dismissed, citations affirmed

Woronoffs Furniture received two OSHA citations and proposed penalties on April 4, 1994, making its notice of contest due by April 25. The company claimed it had mailed an April 11 letter requesting both an informal conference and a contest of the penalties, but OSHA had no record of receiving it…

February 13, 1995 ·Irving Sommer ·OSHRC
Procedural
ALJ

Donald W. Thompson, Inc.

Three serious items affirmed, $275 assessed

Donald W. Thompson, Inc. contested two OSHA citations and went to a hearing. Before evidence was taken, the Secretary withdrew Item 1 of the serious citation. The judge affirmed the three remaining serious items, finding that unguarded rebar and contact with a radial-saw blade could cause serious…

February 13, 1995 ·James H. Barkley ·OSHRC
Mixed result

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.