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

David R. Hartley v. Jacksonville Shipyards, Incorporated

Hartley v. Jacksonville Shipyards (BRB 94-316): recusal appeal rejected as premature

David Hartley appealed an administrative law judge's refusal to step aside from his Longshore Act case. The Board held that this recusal order was not a final decision and did not meet the test for immediate review of an interlocutory order. It rejected the appeal and said the case remained before…

January 31, 1994 ·BRB
Procedural
COMM

Weldon Bordelon v. Republic Bulk Stevedores

Bordelon v. Republic Bulk Stevedores (BRB 91-1597): Special Fund owes costs but no attorney fee

Republic Bulk Stevedores received Special Fund relief on Weldon Bordelon's back injury claim. An administrative law judge later ordered the Fund to pay the employer's attorney fee and expenses because the Director had prolonged the proceedings without reasonable grounds. The Board held that the…

January 31, 1994 ·BRB
Modified
COMM

Matthew Vodanovich, III v. Fishing Vessel Owners Marine Ways, Incorporated

Vodanovich v. Fishing Vessel Owners Marine Ways (BRB 89-2118): borrowing employer bears claim

Matthew Vodanovich was injured while working as a caulker at Pacific Fishermen on loan from Fishing Vessel Owners Marine Ways. Fishing Vessel paid benefits, then sought reimbursement from Pacific Fishermen. A Washington court had already decided that Pacific Fishermen was Vodanovich's borrowing…

January 31, 1994 ·BRB
Affirmed
ALJ

Metric Constructors, Inc.

General contractor held liable for subcontractor hazards

Metric Constructors was the general contractor for a 29-building federal prison project covering about 200 acres in Estill, South Carolina. OSHA cited scaffold, trench, hazard-communication, fire-extinguisher, compressed-gas-cylinder, and trench-access conditions created by subcontractors whose…

January 31, 1994 ·James D. Burroughs ·OSHRC
Mixed result
COMM

Nooter Construction Co.

Cylinder and ladder items affirmed, scaffold item vacated

Nooter Construction was building coke drums at a New Jersey refinery when OSHA cited compressed-gas-cylinder, ladder, and scaffold conditions. The Commission reversed the ALJ's cylinder ruling, holding that a three-sided cylinder truck was not suitable when its securing chain was left open and the…

January 31, 1994 ·OSHRC
Mixed result
COMM

American Federation of Government Employees, Local 2836 and U.S. Department of Veterans Affairs, Sam Rayburn Memorial Veterans Center, Bonham, Texas

Bonham veterans center (FLRA 0-AR-2570): Removal-award exceptions dismissed

The union challenged an arbitration award that denied a grievance over an employee's removal from the Sam Rayburn Memorial Veterans Center. The Authority asked the union to explain why the case fell within its jurisdiction. The union corrected filing deficiencies but did not address the…

January 31, 1994 ·FLRA
Procedural
COMM

Air Products and Chemicals, Inc.

Stay pending appeal denied

Air Products and Chemicals asked the Commission to stay its December 9, 1993 decision while an appeal was pending in the Third Circuit. The Commission had jurisdiction because the appellate record had not yet been filed. Applying the stay standard cited in the order, the Commission found that Air…

January 28, 1994 ·FMSHRC
Procedural
COMM

U.S. Department of the Navy, Glenview Naval Air Station, Glenview, Illinois and American Federation of Government Employees, Local 1641

Glenview Naval Air Station (FLRA 0-AR-2476): Asbestos hazard-pay award set aside

Firefighters and inspectors at Glenview Naval Air Station sought extra pay after asbestos exposure at work. An arbitrator found that the Navy had violated its agreement on safe working conditions and ordered hazardous-duty pay for General Schedule employees, along with medical-record and monitoring…

January 28, 1994 ·FLRA
Mixed result
COMM

SEI Birchwood, Inc.

In re SEI Birchwood, Inc. (EAB PSD Appeal Nos. 93-11 & 93-12): petitions for review denied

SEI Birchwood sought a Prevention of Significant Deterioration permit to build a 220-megawatt coal-fired electric generating facility in King George County, Virginia. Sarah Nasta and Citizens for Sensible Power challenged the permit based on concerns including public notice, impacts on historical…

January 27, 1994 ·EPA EAB
Affirmed
COMM

John Schegan v. Waste Management and Processors, Incorporated

Schegan v. Waste Management and Processors (BRB 93-0349): Coal preparation operator designation upheld

John Schegan worked as a mechanic for Waste Management and Processors, which prepared fuel from anthracite refuse. A judge designated it as the putative operator responsible for any black lung benefits. The company argued that its material was waste rather than coal and pointed to tax and other…

January 27, 1994 ·BRB
Affirmed
ALJ

Thomasville Stone & Lime Company

Discrimination complaints dismissed under settlement

James A. Weatherington and Dale H. Hoke filed discrimination complaints under section 105(c) of the Mine Act against Thomasville Stone & Lime Company. The parties entered a settlement under which the company agreed to remove documents related to the events from the complainants’ personnel and other…

January 26, 1994 ·T. Todd Hodgdon ·FMSHRC
Settled
ALJ

Armco Steel Company, L.P.

Platform and runway items affirmed, switch item vacated

Armco Steel operated a steel-manufacturing plant in Middletown, Ohio. The judge affirmed a serious violation for an unguarded seven-foot-high pulpit area where operators regularly retrieved supplies, finding that the area functioned as a covered work platform, and assessed $700. He also affirmed a…

January 26, 1994 ·Benjamin R. Loye ·OSHRC
Mixed result
ALJ

General Electric Company Aircraft Engine Group

Wet-location electrical citation vacated

General Electric manufactured aircraft engines at its Evendale, Ohio, facility. OSHA cited an electrical enclosure on a building column under the rule for damp or wet locations. The area was dry during the inspection and normally stayed dry, although earlier rainwater had leaked through the roof…

January 26, 1994 ·Benjamin R. Loye ·OSHRC
Citations vacated
COMM

National Federation of Federal Employees, Local 2024 and U.S. Department of the Interior, Bureau of Land Management, Medford District Office

BLM Medford District (FLRA 0-NG-2164): Fitness-time petition dismissed

The union sought to restore and expand a policy allowing BLM field employees time for physical fitness activities. The parties described the proposal as providing up to three hours of "matching time" each week, but did not supply its wording or explain how that time would work. The Authority found…

January 26, 1994 ·FLRA
Procedural
COMM

U.S. Department of Health and Human Services, Social Security Administration, Boston Region and American Federation of Government Employees, Local 3760

SSA Boston Region (FLRA 0-AR-2518): Excellent performance rating stands

An SSA employee challenged an overall performance rating of excellent, seeking an outstanding rating for her work and extra projects. An arbitrator found that the agency had followed its performance-management system and denied the grievance. The union argued that the supervisor had failed to…

January 26, 1994 ·FLRA
Upheld
ALJ

Tanglewood Energy, Inc.

Damages awarded after discrimination finding

An earlier decision found Tanglewood Energy, Inc. in violation of section 105(c) of the Mine Act in a case brought on behalf of Perry Poddey. Judge Arthur J. Amchan then adopted the parties’ stipulation on the amount due and ordered the company to pay $9,094.38. The amount represented back wages…

January 25, 1994 ·Arthur J. Amchan ·FMSHRC
Other
ALJ

Jim Walter Resources, Incorporated

Back pay awarded after discrimination finding

An earlier decision found that Jim Walter Resources discriminated against James Johnson in violation of section 105(c) of the Mine Act by imposing a two-day unpaid suspension. Judge William Fauver retained jurisdiction to decide damages and awarded Johnson $564.70 in back pay, plus interest from…

January 25, 1994 ·William Fauver ·FMSHRC
Other
ALJ

Mayo Resources Incorporated

Coal mine citations affirmed

Mayo Resources operated the underground Mine No. 1, where MSHA cited combustible accumulations beneath a belt, stuck conveyor rollers, and an exposed splice in a roof-bolting machine’s trailing cable. Judge William Fauver found violations of 30 C.F.R. §§ 75.400, 75.1725(a), and 75.517. He found the…

January 25, 1994 ·William Fauver ·FMSHRC
Citations affirmed
ALJ

Island Creek Coal Company

Settlement approved and roof-plan citation affirmed

Island Creek Coal Company faced a civil penalty case involving a roof-control-plan citation and several other citations and orders. The parties settled the other matters, reducing the proposed penalties from $9,979 to $8,326, deleting some S&S findings, vacating one order, and modifying several…

January 25, 1994 ·Gary Melick ·FMSHRC
Mixed result
COMM

Beckman Production Services

In re Beckman Production Services (EAB UIC Appeal Nos. 92-9 through 92-16): commercial brine-well permit upheld

EPA Region V issued Beckman Production Services a Class II Underground Injection Control permit for a commercial brine-disposal well in Livingston County, Michigan. Eight private citizens challenged the permit based on notice and filing issues, the well's security, its proximity to another brine…

January 24, 1994 ·EPA EAB
Affirmed
ALJ

Peabody Coal Company

Refuse-pile water citation vacated

MSHA cited Peabody Coal after finding two pools of water on a refuse pile at the Camp 9 Preparation Plant. The Secretary argued that the pools violated 30 C.F.R. § 77.215(e), which prohibits constructing refuse piles so as to impede drainage or impound water. Judge Arthur J. Amchan found that the…

January 24, 1994 ·Arthur J. Amchan ·FMSHRC
Citations vacated
COMM

U.S. Department of the Interior, National Park Service, Rocky Mountain National Park, Estes Park, Colorado and International Brotherhood of Teamsters, Local No. 961

Rocky Mountain National Park (FLRA DE-RO-20048): Separate wage-grade unit rejected

The Teamsters sought a bargaining-unit election for wage-grade employees at Rocky Mountain National Park, separate from General Schedule employees. The Regional Director dismissed the petition, finding that the two groups worked closely together and shared personnel policies and other common…

January 24, 1994 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs, Washington, D.C. and National Association of Government Employees, Local R1-109

VA union notices (FLRA BN-CA-20450): Reconsideration granted, remedy reaffirmed

The Authority had ordered the VA's General Counsel to sign a notice remedying the agency's failure to send EEO decision letters to employees' designated union representatives. The VA sought reconsideration because the Authority had mistakenly said the VA filed no opposition to that remedy. The…

January 24, 1994 ·FLRA
Procedural
ALJ

U. S. Steel Mining Company

Settlement approved with $236 penalty

U. S. Steel Mining Company and the Secretary resolved three civil penalty proceedings involving the Shawnee Mine. The judge approved a settlement that reduced the proposed total from $475 to $236, vacated two citations, and modified another citation to remove its significant-and-substantial…

January 19, 1994 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Cortez Gold Mines,

Cortez Gold Mines (FMSHRC WEST 92-634-M): Pickup-truck parking citation affirmed with reduced penalty

MSHA cited Cortez Gold Mines after an unattended Ford F-150 pickup rolled on a grade without its wheels chocked or turned into a bank. Judge John J. Morris held that 30 C.F.R. § 56.14207 applied to the pickup and that Cortez violated the parking requirement. He struck the…

January 19, 1994 ·John J. Morris ·FMSHRC
Modified
ALJ

Novinger's Inc.

Scaffold access item modified and guardrail item affirmed

Novinger's was an interior-finishes subcontractor working inside an air shaft at a building project in Hershey, Pennsylvania. Employees reached a tube-and-coupler scaffold by stepping over a two-inch lip and across a 9.5-inch gap from the third-floor slab. The judge held that the safe-access…

January 14, 1994 ·Michael H. Schoenfeld ·OSHRC
Modified
ALJ

Thomas Lindstrom Company, Inc.

Tag-line citation vacated as infeasible

Thomas Lindstrom was the structural-steel-erection subcontractor for a new Philadelphia medical examiner building. OSHA alleged that the company failed to use tag lines to control steel loads, and the judge held that the standard normally makes tag-line use mandatory. Lindstrom proved that using…

January 14, 1994 ·Michael H. Schoenfeld ·OSHRC
Citations vacated
ALJ

Seifert Construction Co., Inc.

Floor-opening citation reduced to other-than-serious

Seifert Construction conceded that floor depressions at its worksite violated the cited floor-opening standard. The only remaining dispute was whether the violation was serious. The stipulated facts described depressions about eight inches deep, some containing four five-inch bolts, and competing…

January 14, 1994 ·Michael H. Schoenfeld ·OSHRC
Modified
COMM

American Federation of Government Employees, Local 2 and U.S. Department of the Army, Military Traffic Management Command, Falls Church, Virginia

Army traffic command (FLRA 0-AR-2492): Three-day suspension rescission stands

The Army suspended a civilian traffic specialist for three days after alleging that he falsely reported work hours while assigned to Saudi Arabia. An arbitrator found that the Army had not proved fraud by clear and convincing evidence and ordered the suspension rescinded with backpay. The Army…

January 14, 1994 ·FLRA
Upheld
COMM

U.S. Department of Defense, Stateside Dependents Schools and Overseas Education Association and Antilles Consolidated Education Association

Stateside Dependents Schools (FLRA WA-UC-20875): Unit appeal dismissed as late

The Overseas Education Association sought Authority review of a Regional Director's decision in a bargaining-unit case involving Department of Defense schools. Its application arrived on December 13, 1993, in an envelope without a postmark. Under the Authority's filing rule, that made December 8…

January 12, 1994 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1840 and U.S. Department of the Air Force, 12th MSSQ/MSCE, Randolph Air Force Base, Texas

Randolph Air Force Base (FLRA 0-AR-2511): Retirement-gift grievance denial stands

A union asked the Air Force to take corrective action after a supervisor gave a retiring employee a personal gift at a retirement party. The union said the gift was insulting and inappropriate, and sought an apology. An arbitrator found that it was meant as a friendly joke and had not insulted or…

January 12, 1994 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Mare Island Naval Shipyard and International Federation of Professional and Technical Engineers, Planners, Estimators, Progressmen & Schedulers Association, Local 5

Mare Island Naval Shipyard (FLRA 0-AR-2477): Leave restoration order upheld

Mare Island Naval Shipyard closed its nonessential operations from June 29 through July 4, 1992, and required most employees to use four days of annual leave. An arbitrator found that the shutdown aimed to reduce leave balances and was not an unforeseen interruption under the parties' agreement. He…

January 12, 1994 ·FLRA
Upheld
COMM

U.S. Department of Defense, Dependents Schools and Overseas Education Association

DOD Dependents Schools (FLRA 0-AR-2470): Living quarters allowance denial upheld

A Department of Defense school teacher moved between assignments in Germany and was denied a living quarters allowance. An arbitrator found that the move was voluntary, fell outside the parties' negotiated transfer program, and did not satisfy the allowance rules. The Overseas Education Association…

January 12, 1994 ·FLRA
Upheld
COMM

City of Port St. Joe, Florida

In re City of Port St. Joe, Florida (EAB NPDES Appeal No. 93-9): appeal dismissed as moot

The City of Port St. Joe sought an evidentiary hearing on an NPDES permit for its wastewater treatment plant. Before the hearing request was resolved, EPA Region IV withdrew the 1990 permit and reopened the permitting process with a new draft permit. The Environmental Appeals Board dismissed the…

January 11, 1994 ·EPA EAB
Procedural
ALJ

R B Coal Company, Inc.,

R B Coal Company, Inc. (FMSHRC KENT 93-244, KENT 93-608): Roof-control violations modified and penalties assessed

MSHA alleged that R B Coal exceeded the 20-foot cut limit in its approved roof-control plan and also sought penalties for a separate order. Judge Gary Melick found that the two deep-cut violations were significant and substantial, but the Secretary did not prove unwarrantable failure because the…

January 11, 1994 ·Gary Melick ·FMSHRC
Modified
COMM

Secretary of Labor o/b/o Poddey v. Tanglewood Energy, Inc.

Premature review petition dismissed

The Secretary sought Commission review of an administrative law judge's liability decision in a discrimination case before the judge had issued a final order on damages. The Commission held that the petition was premature and dismissed it without prejudice. The Secretary could file a new petition…

January 10, 1994 ·FMSHRC
Procedural
COMM

Wyoming Fuel Company

Ventilation-plan violation affirmed

MSHA found hazardous water accumulations throughout parts of Wyoming Fuel's Golden Eagle Mine and alleged that the conditions violated the mine's approved ventilation plan. The Commission held that the plan required pumps to remove water accumulating in sufficient quantity or depth to present a…

January 10, 1994 ·FMSHRC
Citations affirmed
ALJ

Buck Creek Coal Company, Inc.,

Buck Creek Coal Company, Inc. (FMSHRC LAKE 93-241): Preshift-examination violation affirmed with $3,000 penalty

MSHA found that three miners entered Buck Creek's underground mine before the required preshift examination had been completed and recorded. Judge T. Todd Hodgdon held that the maintenance crew was part of the oncoming shift and that the preshift rule applied even though the crew entered during…

January 10, 1994 ·T. Todd Hodgdon ·FMSHRC
Modified
ALJ

Allstate Roofing, Inc.

Willful roof-fall violation affirmed with reduced penalty

Allstate Roofing had about five employees working on a nearly flat roof that measured 200 by 120 feet and was 20 feet above the ground. OSHA observed employees without the fall protection required for built-up roofing work, including one worker who came within about three feet of an unguarded edge…

January 10, 1994 ·James H. Barkley ·OSHRC
Modified
ALJ

Ludwig-McIntosh Bulk Haulers, Inc.

Willful eye-protection citation reduced to serious

Ludwig-McIntosh hauled industrial coke and maintained its vehicles in a Toledo shop where drilling, grinding, welding, and coke dust created eye hazards. A mechanic was struck in the eye by a drill bit while his safety glasses were pushed up on his forehead. The judge found conflicting and…

January 10, 1994 ·Paul L. Brady ·OSHRC
Modified
COMM

American Federation of Government Employees, Locals 830 and 2130 and U.S. Department of the Army, U.S. Army Corps of Engineers, Detroit District

Army Corps Detroit District (FLRA 0-AR-2480): Retroactive wage claims denied

Army Corps floating plant employees in Duluth and Sault Ste. Marie were paid under special wage schedules. The Office of Personnel Management directed a change to those schedules in 1992, effective going forward. The union sought backpay reaching back to 1980, arguing that the agency should have…

January 10, 1994 ·FLRA
Upheld
ALJ

FMC Wyoming Corporation

Electrical citations affirmed with reduced penalty findings

MSHA cited FMC Wyoming after an electrician performed work on an energized circuit without locking out and tagging the disconnecting devices and without wearing protective gloves while troubleshooting. Judge John J. Morris affirmed both violations and assessed penalties of $2,000 and $1,000. He…

January 7, 1994 ·John J. Morris ·FMSHRC
Modified
ALJ

Texasgulf Inc.

Transformer citation vacated

MSHA cited Texasgulf after finding that a transformer casing was less than three feet from a chain-link fence at the Lee Creek Mine. Judge George A. Koutras held that the cited standard required a substantial fence at least three feet from energized parts, casings, or wiring, but the Secretary did…

January 7, 1994 ·George A. Koutras ·FMSHRC
Citations vacated
COMM

Secretary of Labor o/b/o Johnson v. Jim Walter Resources, Inc.

Premature review petition dismissed

Jim Walter Resources petitioned for Commission review of an administrative law judge's liability decision in a discrimination case before the judge had issued a final order on damages. The Commission held that the petition was premature and dismissed it without prejudice. Jim Walter could file a…

January 7, 1994 ·FMSHRC
Procedural
COMM

U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476

HUD and AFGE Local 476 (FLRA 0-AR-2555): Late arbitration exceptions dismissed

The Department of Housing and Urban Development challenged an arbitration award involving AFGE Local 476. The award was mailed on October 26, 1993, giving the agency until November 29 to file exceptions after the mail-service allowance. The agency delivered its exceptions on November 30, one day…

January 7, 1994 ·FLRA
Procedural
ALJ

Consolidation Coal Company

Consolidated electrical and cleanup violations decided

MSHA brought four consolidated proceedings against Consolidation Coal Company involving electrical bonding, coal cleanup, electrical equipment, and examination conditions at the Arkwright No. 1 and Blacksville No. 2 Mines. Judge George A. Koutras found a mix of violations, modifying several orders…

January 5, 1994 ·George A. Koutras ·FMSHRC
Mixed result
COMM

Crown/Vista Energy Project (CVEP) West Deptford, New Jersey

In re Crown/Vista Energy Project (CVEP) West Deptford, New Jersey (EAB PSD Appeal Nos. 93-15 through 93-18): review denied

Crown Energy and Vista Energy received a New Jersey PSD permit to construct a 362-megawatt pulverized coal-fired power plant in West Deptford Township. Four petitioners challenged the permit based on pollution controls, air quality and estuary impacts, and volatile organic compound emissions. The…

January 5, 1994 ·EPA EAB
Affirmed
ALJ

Peabody Coal Company

Respiratory-dust citations affirmed

MSHA cited Peabody Coal Company after respirable-dust sampling exceeded the applicable limit on three mechanized mining units at the Camp No. 1 Mine. Peabody conceded that the violations occurred and were significant and substantial, but disputed the findings of unwarrantable failure, high…

January 5, 1994 ·Arthur J. Amchan ·FMSHRC
Citations affirmed
ALJ

Peabody Coal Company

Two electrical citations vacated

MSHA cited Peabody Coal Company after an inspection at its Camp No. 9 Preparation Plant. The citations concerned a flexible cord used with an exhaust fan and a fan motor that was not explosion-proof. Judge Arthur J. Amchan found that the evidence did not establish a violation of the National…

January 5, 1994 ·Arthur J. Amchan ·FMSHRC
Citations vacated
ALJ

Lynx Coal Company

Settlement approved and penalties reduced

MSHA proposed penalties against Lynx Coal Company for two alleged violations involving a low conveyor belt at the No. 2 Mine. One citation concerned missing guards around the tail roller system, and the other concerned removing spilled coal while the belt was operating. The parties reported that…

January 5, 1994 ·David F. Barbour ·FMSHRC
Settled
COMM

United States Department of Treasury, Internal Revenue Service, Austin Compliance Center and National Treasury Employees Union, Chapter 247

IRS Austin Compliance Center (FLRA 6-CA-90506): Attorney fee amount remanded

After the IRS Austin Compliance Center failed to comply promptly and fully with a backpay award, NTEU Chapter 247 sought attorney fees under the Back Pay Act. An administrative law judge allowed fees for 48.1 hours but rejected other work and used a $150 hourly rate. The Authority agreed that fees…

January 5, 1994 ·FLRA
Remanded
COMM

National Association of Agriculture Employees and U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Washington, D.C.

Agriculture inspection officers (FLRA 0-NG-2152): Work assignment proposal rejected

The National Association of Agriculture Employees proposed that its national president receive inspection duties only after all other available officers had been assigned that work. The union sought to preserve time for his representative duties after staffing changes at a Fort Lauderdale worksite…

January 5, 1994 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 68 and U.S. Department of the Treasury, Internal Revenue Service, Andover Service Center

IRS Andover Service Center (FLRA 0-AR-2488): Seasonal conversion claim denied

An IRS Andover employee sought conversion from seasonal to permanent status after working more than 365 days. The parties agreed that the decision would also apply to 98 similarly situated employees. An arbitrator found that the personnel manual did not require automatic conversion and that the…

January 5, 1994 ·FLRA
Upheld
COMM

General Services Administration, Region 9 and American Federation of Government Employees, Council 236

GSA Region 9 (FLRA 0-AR-2481): Union notice and privacy claims remanded

GSA settled a removed employee's appeal and reinstated her under a last chance agreement. AFGE Council 236 challenged its exclusion from the settlement discussions, the agreement's leave restrictions, and later meetings with employees about her return. The Authority upheld the arbitrator's finding…

January 5, 1994 ·FLRA
Remanded
COMM

National Labor Relations Board, Washington, D.C. and National Labor Relations Board Union

NLRB and its union (FLRA 0-AR-2460): Promotion grievance denial upheld

An NLRB employee alleged that the agency passed her over for a supervisory attorney position because of sex discrimination. After an earlier remand, an arbitrator denied her grievance, and the union challenged that supplemental award. The union argued that the arbitrator should have reopened the…

January 5, 1994 ·FLRA
Upheld
COMM

Keystone Coal Mining Corporation

Spot-inspection citations vacated

MSHA cited Keystone Coal Mining Corporation for respirable-dust concentrations based on single-shift samples from a spot-inspection program. The Commission held that the program attempted to rescind an earlier finding that single-shift sampling did not accurately represent miners' exposure, and…

January 4, 1994 ·FMSHRC
Citations vacated
ALJ

All American Ashpalt

Temporary reinstatement ordered

The Secretary sought temporary reinstatement for four All American Asphalt employees who alleged they were laid off or otherwise treated adversely after engaging in protected safety activity. Judge August F. Cetti found that the discrimination complaints were not frivolous, while emphasizing that…

January 3, 1994 ·August F. Cetti ·FMSHRC
Procedural
COMM

Energy West Mining Company

$100 penalty approved

The Commission granted the Secretary of Labor's and Energy West Mining Company's joint petition for discretionary review. The case had been remanded for analysis of whether the violation was significant and substantial, but the ALJ had not reassessed the civil penalty after finding that it was not…

January 3, 1994 ·FMSHRC
Settled
ALJ

Sterling/ICC, and its Successors

Late contests dismissed after remand hearing

An earlier order dismissed Sterling/ICC's notices of contest as untimely. The Commission sent the matters back for a hearing because the company's vice president suggested that OSHA had led him to believe a lawyer was required to contest the citations. At the hearing, the OSHA district supervisor…

January 3, 1994 ·Irving Sommer ·OSHRC
Procedural
ALJ

Southwest Refractory, Inc.

Suspended-load violation affirmed with reduced penalty

Southwest Refractory hired an independent crane company to turn a 17,000-pound steel pipe while Southwest applied refractory lining at its Sapulpa, Oklahoma, facility. A Southwest employee crouched beneath the suspended pipe to move supporting timbers, and the pipe fell on him; he later died from…

January 3, 1994 ·Richard DeBenedetto ·OSHRC
Modified

What these documents are

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