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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U.S. Department of the Air Force, 375th Combat Support Group, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23
Scott Air Force Base and NAGE Local R7-23 (FLRA 75-CA-10724): reconsideration denied
The Authority had ruled that the Air Force did not have to bargain further with NAGE Local R7-23 over the effects of reassigning two employees. The General Counsel sought reconsideration, arguing that the Authority had given too little weight to the parties' intent when reading their agreement. The…
American Federation of Government Employees, Council 73, National Council of Field Labor Locals and U.S. Department of Labor, Employment Standards Administration, Region I Wage Hour Division, Hartford, Connecticut
DOL Wage Hour Division and AFGE Council 73 (FLRA 0-AR-2623): Hartford duty station controls locality pay
A Department of Labor employee worked in Hartford, Connecticut, but personnel forms identified New Haven as her duty station. She received New Haven locality pay until the agency corrected the forms and stopped the adjustment. An arbitrator denied her grievance because she had always worked in…
Lawrence B. Wohl, Inc.
Mobile-scaffold penalties increased to $1,000
Lawrence B. Wohl employees installed lathing and sprayed fireproofing from small mobile scaffolds at a Yonkers waste-transfer-station project. One scaffold had unlocked casters and exposed an employee to a four-foot fall, while another lacked a midrail and toeboard and exposed two employees to a…
Merchant's Masonry, Inc.
Scaffold and forklift penalties increased to $8,400
Merchant's Masonry employees worked on an unguarded 18-foot scaffold, and the company also used a forklift without a seatbelt or working horn and left it running with raised forks. The willful scaffold classification was not disputed on review, but the Commission raised its penalty from $500 to…
Adena Fuels, Incorporated
Discrimination case dismissed after settlement
Larry E. Hatton brought a discrimination proceeding against Adena Fuels concerning the Diamond No. 1 Mine. After the hearing began and was postponed, Hatton requested permission to withdraw because the parties had reached an agreeable settlement. Judge Gary Melick granted permission to withdraw…
MATTER OF PRICE
Extraordinary ability established through golf record
The petitioner, a professional golfer and citizen of Zimbabwe, sought immigrant classification as an alien of extraordinary ability in athletics. The record showed internationally recognized tournament wins, high rankings and earnings, extensive media coverage, and supporting statements from…
Lion Mining Company
Imminent-danger withdrawal order affirmed
Lion Mining operated the Grove No. 1 underground coal mine. After methane levels in a bleeder system rose above five percent, the mine was evacuated, equipment was deenergized, and ventilation was increased. MSHA issued a section 107(a) imminent-danger order, and Lion Mining argued that the order…
Daniel A. Krohn v. Ingalls Shipbuilding, Incorporated
Krohn v. Ingalls Shipbuilding (BRB 91-1744): hearing loss award payable to worker's estate
Lloyd Krohn developed hearing loss after workplace noise exposure at Ingalls Shipbuilding and died before his claim was decided. An administrative law judge awarded the disability benefits to the Special Fund and denied reimbursement for a hearing test and an attorney fee. The Board held that…
E & R Erectors, Inc.
Serious fall-protection violation affirmed, penalty reduced to $1,500
E & R Erectors was the structural-steel subcontractor for a Philadelphia warehouse project where employees laid roof decking roughly 30 feet above the ground without safety belts or nets. Employee Raymond Connors fell from the roof structure and suffered serious injuries. Although OSHA had not…
Consolidation Coal Company
Conveyor citation affirmed
Consolidation Coal operated the Blacksville No. 2 underground coal mine. MSHA cited the operator after finding a belt conveyor tailpiece packed with coal and coal dust, missing and stuck rollers, and a belt rubbing metal brackets, creating a potential fire hazard. Judge George A. Koutras found that…
Bluestone Coal Corporation
Citations mixed and $500 penalty
Bluestone Coal operated the Keystone No. 6 Strip Mine. After a coal truck overturned on a haulage road and the driver died, MSHA issued an imminent-danger order and citations involving haulage-road signs and equipment speed. MSHA later vacated the withdrawal order and one citation. Judge David F…
Amax Coal West Incorporated
Citations vacated because the wrong operator was cited
Amax Coal West operated the Belle Ayr strip coal mine, where independent contractors installed and used two tanks for spraying dust suppressant on coal. MSHA cited Amax for ladder violations on the tanks and sought a $100 penalty. Judge T. Todd Hodgdon found that the tanks and cited conditions were…
U.S. Department of Veterans Affairs Finance Center, Austin, Texas and National Federation of Federal Employees, Local 1745
VA Finance Center Austin and NFFE Local 1745 (FLRA 0-AR-2593): sick leave restoration denied
A union president at the VA Finance Center in Austin sought restoration of 125 hours of sick leave. The union said disputes over her requests for official time caused stress and illness. An arbitrator found that the supervisor could ask for information needed to decide official time requests, that…
Jim Walter Resources, Inc.
Conveyor and coal-dust violations modified
Jim Walter Resources operated the No. 7 Mine, where MSHA issued orders and citations involving conveyor alignment, damaged rollers, coal-dust accumulations, and a loose conveyor guard. Judge Arthur J. Amchan found the violations significant and substantial, but he rejected several…
Norma J. & Frank J. Echevarria d/b/a Echeco Environmental Services
In re Norma J. and Frank J. Echevarria d/b/a Echeco Environmental Services (EAB CAA Appeal No. 94-1): asbestos wetting violations affirmed
Echeco Environmental Services performed asbestos abatement work at the North Gem School in Bancroft, Idaho. An EPA inspector found that pipe insulation removed during the work was not adequately wet because it was stiff and dry and released dust and fibers when broken. The Environmental Appeals…
Trinity Industries, Inc.
$6,000 assessed for willful noise-program violations
The Eleventh Circuit remanded this case solely for the Commission to set penalties after holding that Trinity Industries' two noise-program violations were willful. One item involved failing to establish baseline and annual audiograms for covered employees, and the other involved failing to…
American Federation of Government Employees, Local 2921 and U.S. Department of Defense, Army and Air Force Exchange Service, Dallas, Texas
Army and Air Force Exchange Service and AFGE Local 2921 (FLRA 0-AR-2607): transfer grievance denied
A computer programmer asked the Army and Air Force Exchange Service to transfer her to another unit as an accommodation for a disability. An arbitrator found that the agency had reduced her workload and offered positions in her unit, and that the record showed no suitable vacancy outside the unit…
T. J. McKnight, Inc.
Settlement approved for $500
T. J. McKnight contested two significant-and-substantial citations at the Clarks Mine and faced a proposed $7,000 penalty. The parties jointly moved to approve a settlement after the hearing. Judge Roy J. Maurer vacated one citation because the evidence no longer supported the violation, reduced…
Redstone Arsenal Exchange, Army and Air Force Exchange Service, Redstone Arsenal, Alabama and American Federation of Government Employees, Local 1858
Redstone Arsenal Exchange and AFGE Local 1858 (FLRA AT-CA-30774): unfair labor practice complaint dismissed
AFGE Local 1858 alleged that the Redstone Arsenal Exchange transferred a union representative because of his protected activity and that a manager's remarks threatened union rights. The judge found that the representative's union activity played a part in the transfer decision, but that the…
Hirsch Electric Company
Energized-wiring item affirmed, penalty reduced to $1,000
Hirsch Electric installed energized wiring for operating rooms under construction at Hillcrest Hospital in Ohio. A flexible conduit containing 270-volt lines hung into the area where another contractor's employees were installing metal duct diffusers, and one worker received an electrical shock…
Maher Terminals, Inc.
Two forklift-safety violations affirmed serious after a fatal fall, $7,650
Maher Terminals operates a marine terminal at Port Elizabeth, New Jersey, loading and unloading ocean-going ships. On November 15, 1992, a gang foreman was standing on the raised blades of a forklift to remove wooden boards from a shipping flat when a blade separated from the truck; he fell about…
Consol Pennsylvania Coal Company
Case dismissed after citation vacated
Consol Pennsylvania Coal Company's Bailey Mine was the respondent in a civil penalty proceeding involving one alleged violation. Judge Paul Merlin allowed an MSHA Conference and Litigation Representative to represent the Secretary under the Commission's regulations. MSHA later vacated the citation…
Pennsylvania Metallurgical, Inc.
Withdrawn citation items set aside
Pennsylvania Metallurgical and the Secretary had previously resolved parts of two related dockets through an administrative law judge's consent order. The Secretary later filed a notice withdrawing citation items in the consolidated case. The Commission acknowledged the withdrawal and set aside the…
Drillex, Incorporated
Construction-project crushing site was a mine
Drillex drilled, blasted, excavated, crushed, and processed stone at a residential construction project in Puerto Rico. The company argued that its work was an incidental construction operation or a borrow pit outside the Mine Act's jurisdiction. The Commission held that Drillex extracted minerals…
Homer City Coal Processing Corporation
Settlement approved and penalty reduced
Homer City Coal Processing Corporation was cited after fine coal and float coal dust accumulated below a conveyor in its preparation plant. The parties proposed reducing the penalty from $94 to $63 and reducing negligence from moderate to low. Judge Paul Merlin found the settlement appropriate…
New Point Stone Company, Inc.
Brake citation modified and $500 penalty assessed
MSHA cited New Point Stone after finding that a Mack haul truck had been operated for about a month with one of its six brake chambers removed. Judge Arthur J. Amchan found that the braking system was not maintained in functional condition under 30 C.F.R. § 56.14101, but he found insufficient…
Pride Petroleum Services
Review defaulted, $2,000 monitoring item became final
Pride Petroleum filed for Commission review after a judge decided respiratory-protection items arising from work at a Texas oil well. Commission rules required Pride to file a brief or a written notice relying on its petition within 40 days, but it did neither, did not answer the Secretary's…
American Federation of Government Employees, National Council of EEOC Locals No. 216 and U.S. Equal Employment Opportunity Commission, Philadelphia District Office
AFGE Council of EEOC Locals and EEOC Philadelphia (FLRA 0-AR-2630): attorney fees denied
An arbitrator reduced an EEOC employee's 14-day suspension to an oral reprimand. The union then sought attorney fees, but the arbitrator found that fees were not warranted in the interest of justice under the Back Pay Act. The union argued that it had incurred fees because of the suspension and had…
American Federation of Government Employees, Local 2142 and U.S. Department of the Army, Corpus Christi Army Depot, Corpus Christi, Texas
Corpus Christi Army Depot and AFGE Local 2142 (FLRA 0-AR-2609): veterans' training grievance denied
AFGE Local 2142 claimed that Corpus Christi Army Depot had not given employees appointed under the Veterans Readjustment Appointment program required training and promotion opportunities. An arbitrator found that the depot had provided adequate training and plans, and that the program did not…
American Federation of Government Employees, Local 2025 and U.S. Department of the Air Force, Ninth Reconnaissance Wing, Beale Air Force Base, California
Beale Air Force Base and AFGE Local 2025 (FLRA 0-AR-2619): detail documented without promotion
A GS-7 recreation specialist at Beale Air Force Base performed some duties formerly assigned to a GS-9 supervisory position. An arbitrator found that the Air Force had failed to document the detail and ordered it to do so, but denied a temporary promotion because the employee had not performed the…
New Warwick Mining Company
Coal-dust orders mixed, $5,975 total penalty assessed
New Warwick Mining Company's consolidated cases concerned coal and coal-dust accumulations, preshift examinations, a defective ladder, and battery-charger ventilation at its Warwick Mine. Judge Arthur J. Amchan affirmed several violations and orders, vacated others, and found the affirmed…
Susquehanna-Mt. Carmel, Inc.
Settlement approved for $1,000 penalty
Susquehanna-Mt. Carmel, Inc. faced a civil penalty proceeding involving the Natalie Banks mine. The Secretary moved to approve a settlement that reduced the proposed penalty from $4,400 to $1,000 and requested dismissal. Judge Gary Melick found the agreement acceptable under the Mine Act's penalty…
William T. Sinnott, II v. Jim Walter Resources, Inc.
Discrimination complaint dismissed as untimely
William T. Sinnott, II alleged that Jim Walter Resources terminated him in retaliation for refusing an assignment he believed was unsafe. He filed his complaint with MSHA more than three years after his August 1990 termination, after pursuing a separate Rehabilitation Act matter. Judge Roy J…
United States Department of Education and American Federation of Government Employees, Council 252, Local 2607
Department of Education and AFGE Local 2607 (FLRA 0-AR-2580): Backpay question returned to arbitrator
The Department of Education suspended an employee for 10 days while she was absent from work. An arbitrator found the suspension unjustified, reduced it to a reprimand, and ordered backpay. The agency challenged the backpay award because the employee was unavailable to work during the suspension…
Lakeview Rock Products, Inc.
$32,250 assessment reopened and remanded
Lakeview Rock Products failed to contest a proposed $32,250 civil penalty assessment within the 30-day period in section 105(a) of the Mine Act, so the assessment became a final Commission order. Lakeview said the late filing resulted from a mistake in calculating the deadline and was only one day…
James C. Lin and Lin Cubing, Inc.
In re James C. Lin and Lin Cubing, Inc. (EAB FIFRA Appeal No. 94-2): penalty reduced to $17,000
James C. Lin and Lin Cubing, Inc. applied the restricted-use pesticide GASTOXIN to alfalfa cubes loaded in semi-tractor trailers. The Environmental Appeals Board held that an inspection challenge raised for the first time on appeal could not be considered, and that the respondents had not shown the…
Pacific Refining Company
In re Pacific Refining Company (EAB TSCA Appeal No. 94-1): PCB enclosure-marking penalty increased
EPA Region IX appealed the penalty assessed against Pacific Refining Company for failing to mark the fence enclosing a PCB transformer. The Environmental Appeals Board held that marking the transformer itself did not satisfy the separate requirement to mark the enclosure, because a fire could…
Kennie-Wayne Incorporated
$40,454 penalty upheld despite financial hardship claim
Kennie-Wayne Incorporated, a contract coal miner, did not contest the citations and orders, which the judge had already affirmed. The company asked for a penalty reduction, arguing that paying the proposed $40,454 would impair its ability to stay in business. The judge found that the company had…
Thomas Detamore and Edward T. Songer, employed by Pounding Mill Quarry Corp.
Thomas Detamore and Edward T. Songer (FMSHRC WEVA 93-416-M and WEVA 93-417-M): Individual penalties assessed after fatal explosives accident
Thomas Detamore and Edward T. Songer were, respectively, general superintendent and foreman at Pounding Mill Quarry's Mercer Crushed Stone Mine. After undetonated explosives were found in a muckpile, they directed miners to continue normal production, and the judge found that they knowingly…
Arthur L. Miller, employed by Mid-Wisconsin Crushing Company, Inc.
Individual penalty case remanded for timeliness finding
MSHA proposed an individual penalty against Arthur L. Miller under section 110(c) of the Mine Act for allegedly authorizing, ordering, or carrying out a violation involving Mid-Wisconsin Crushing. Miller said he timely mailed his hearing request, but MSHA said it was mailed one day late and that…
Meshach Coal Company, Inc.
Default order vacated and remanded
Meshach Coal failed to answer the Secretary's proposed penalty assessment and an order to show cause, so the ALJ entered a default order assessing a $2,000 penalty. Meshach's president later told the Commission that he had settled the case for $500 and had already paid that amount. The Commission…
Sandy Jones Construction
Default order vacated and remanded
Sandy Jones Construction did not answer the Secretary's proposed penalty assessment or an ALJ's order to show cause, so the ALJ entered a default order assessing the proposed $4,000 penalty. The company's owner later said he had mailed an answer and tried to resolve the matter. The Commission…
James D. Waters v. IMC Fertilizer, Inc.
Discriminatory termination found after safety complaints
James D. Waters was a manager at IMC Fertilizer's Carlsbad, New Mexico mine who raised safety concerns about a supervisor's conduct and the use of PVC pipe to transfer acid. IMC terminated him in a reduction in force, while other managers at his level received retirement or transfer options. Judge…
Atlantic Battery Company, Inc.
Mixed lead, hazard-communication, fire-safety, and posting rulings reduced penalties to $7,240
Atlantic Battery manufactured and sold batteries at a small Massachusetts plant where OSHA cited lead exposure, medical removal, housekeeping, hazard communication, fire safety, eyewash, respiratory protection, and posting conditions. The Commission affirmed willful violations for allowing a…
Tanoma Mining Company, Incorporated
CLR appearance accepted and prehearing order issued
Tanoma Mining Company was defending a civil penalty proceeding involving the Tanoma Mine. The Secretary's filing was presented by an MSHA Conference and Litigation Representative, or CLR, rather than an attorney from the Solicitor's Office. Judge Paul Merlin allowed the CLR to represent the…
Rox Coal Incorporated
CLR appearances accepted and prehearing orders issued
Rox Coal Incorporated was defending four civil penalty proceedings involving the Diamond T B Mine. The Secretary's petitions were presented by an MSHA Conference and Litigation Representative, or CLR, rather than an attorney from the Solicitor's Office. Judge Paul Merlin allowed the CLR to…
Consolidation Coal Company
CLR appearance accepted and prehearing order issued
Consolidation Coal Company was defending a civil penalty proceeding involving the Dilworth Mine. The Secretary's filing was presented by an MSHA Conference and Litigation Representative, or CLR, rather than an attorney from the Solicitor's Office. Judge Paul Merlin allowed the CLR to represent the…
Professional Masonry, Inc.
Settlement fixed penalties at $1,600
An administrative law judge dismissed Professional Masonry's notice of contest after the company did not answer the complaint or respond to a show-cause order. After review was directed, the parties filed a stipulation resolving all outstanding issues. The company represented that all cited…
Centex-Rooney Construction Co.
Repeated fall-protection violations affirmed with $25,000 in penalties
Centex-Rooney was the general contractor for construction of two-story hotel buildings at a Florida resort. OSHA cited one defective ground-fault circuit interrupter, uncovered pipe-chase openings, and inadequate perimeter guardrails. The Commission vacated the electrical item because regular…
W-P Coal Company
Bathhouse citation affirmed and $250 penalty assessed
W-P Coal Company held the mining rights to a West Virginia coal mine and used Top Kat Mining as its contract operator. MSHA cited W-P for a bathhouse floor that was rotten, wet, and weak, after modifying the citation to name W-P as a co-operator. On remand, Judge Gary Melick rejected W-P's…
C. Abbonizio Contractors, Inc.
Excavation contractor held responsible for trench created by its workers
C. Abbonizio Contractors supplied two workers and a backhoe to dig an improperly sloped and unshored trench at a New Jersey aquarium project. The company argued that the construction manager employed or controlled the workers for that task. The Commission held that Abbonizio remained the employer…
Mutual Mining, Inc.
Back pay and civil penalty ordered
Mutual Mining had previously been found to have violated section 105(c) of the Mine Act by discharging five complainants. Judge Arthur J. Amchan granted the Secretary's motion for summary judgment on damages and ordered back-pay awards ranging from $5,203.31 to $46,825.73. He also assessed a $5,000…
Cyprus Emerald Resources Corporation
Citation modified and $252 settlement approved
Cyprus Emerald Resources Corporation was cited after a continuous miner operator stood inside the chain conveyor while cleaning and servicing the machine without removing and tagging out the trailing-cable power. Judge Paul Merlin accepted the MSHA Conference and Litigation Representative's…
ABM Coal Company, Inc.
Mixed results across four consolidated penalty proceedings
ABM Coal Company faced 32 alleged violations across four civil penalty proceedings at its No. 1 Mine. Judge T. Todd Hodgdon approved settlements in two dockets, vacated one citation, modified three citations by removing significant-and-substantial designations, and affirmed the remaining citations…
Roy Parker v. Ingalls Shipbuilding, Incorporated
Parker v. Ingalls Shipbuilding (BRB 93-0473): no medical claim to dismiss
Roy Parker settled his asbestos related compensation claim with Ingalls Shipbuilding, then settled claims against asbestos product makers. Ingalls asked an administrative law judge to rule that the later settlements barred any medical benefits Parker might seek. The judge rejected the request…
Jesse Deakle v. Ingalls Shipbuilding, Incorporated
Deakle v. Ingalls Shipbuilding (BRB 93-0469): no remaining claim to bar
Jesse Deakle settled his asbestos related compensation claim with Ingalls Shipbuilding and later settled claims against asbestos product makers. Ingalls asked an administrative law judge to rule that the later settlements barred any additional benefits. Deakle had died without seeking medical…
Joseph D. Weber, III v. S.C. Loveland Company
Weber v. S.C. Loveland (BRB 91-861): Longshore coverage extends to injury in Jamaican port
Joseph Weber injured his back on his employer's barge while unloading cargo in Kingston, Jamaica. An administrative law judge denied Longshore Act benefits because the injury occurred in a foreign port. The Board held that the Act covered Weber's injury because he was a United States citizen, his…
Alfred L. Hudson v. Ingalls Shipbuilding, Incorporated
Hudson v. Ingalls Shipbuilding (BRB 90-2030A): late payment assessment and fee award upheld
Alfred Hudson filed a hearing loss claim against Ingalls Shipbuilding. An administrative law judge awarded benefits and a late payment assessment, and allowed only a small part of his counsel's requested fee. The Board upheld the assessment because an assistant district director's broad excuse for…
Armstrong Steel Erectors, Inc.
Bridge steel-erection fall-protection violation affirmed serious, $2,500
Armstrong Steel Erectors was erecting steel on an I-71 bridge overpass in Cleveland, Ohio, when OSHA inspected in August 1993 and cited it for a serious fall-protection violation. Compliance officers videotaped ironworkers moving across unguarded girders more than 25 feet up without using the…
Buck Mountain Coal Company, and Richard Kocher, Sr., Oscar Blough, Jr., David Zimmerman, Paul Zimmerman, and Harold Schnoke, as Partners
Buck Mountain Coal Company, and Partners (FMSHRC PENN 94-104, PENN 94-63, PENN 94-64, PENN 94-65, PENN 94-66): Partner liability issues set for hearing
Buck Mountain Coal Company and its partners faced numerous citations issued between September 1992 and July 1993. Judge Jerold Feldman rejected a partner's argument that the Mine Act did not apply because the mine's activities did not affect interstate commerce. He held that the partners who…
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.