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

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

VA and NAGE Local R1-109 (FLRA BN-CA-20450): union must receive employee EEO decisions

The VA sent final decisions on two employees' equal employment opportunity complaints to the employees but did not send copies to NAGE Local R1-109, which they had designated as their representative. An administrative law judge found that the VA had unlawfully bypassed the union and recommended…

November 30, 1993 ·FLRA
Modified
COMM

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

DoD schools and Overseas Education Association (FLRA 0-AR-2458): overseas teacher's allowance award set aside

A teacher hired in Germany received a living quarters allowance after her military spouse left to retire in the United States. When he returned to live with her in Germany, the agency stopped the allowance. An arbitrator ordered it restored, reasoning that the retired spouse no longer had an…

November 30, 1993 ·FLRA
Set aside
ALJ

Tanglewood Energy, Inc.

Perry Poddey v. Tanglewood Energy, Inc. (FMSHRC WEVA 93-339-D): Retaliatory discharge found, reinstatement and backpay ordered

Perry Poddey, an underground coal miner at Tanglewood Energy's Coal Bank No. 12 mine, raised concerns about a roof-bolt citation and criticized his section foreman. After a confrontation, Tanglewood fired him and claimed the discharge followed misconduct and insubordination. Judge Arthur J. Amchan…

November 29, 1993 ·Arthur J. Amchan ·FMSHRC
Citations affirmed
COMM

U.S. Department of the Army, Corpus Christi Army Depot and National Federation of Federal Employees, Local 797 and American Federation of Government Employees, Local 2142

Corpus Christi Army Depot election (FLRA DA-RO-20040): objections to runoff result rejected

In a runoff election at the Corpus Christi Army Depot, AFGE Local 2142 received more valid votes than NFFE Local 797. NFFE challenged the result, alleging misleading campaign claims, unequal access to work areas and bulletin boards, destroyed literature, improper campaigning, and payments to…

November 29, 1993 ·FLRA
Upheld
ALJ

Otis Elevator Company

Missing access-records rule classified as de minimis

Otis Elevator was installing three elevators at a construction site when an OSHA inspector asked for a copy of the employee medical and exposure records access rule. Otis had material safety data sheets at the site but did not have the rule or its appendices, and it did not create or maintain…

November 29, 1993 ·Michael H. Schoenfeld ·OSHRC
Modified
COMM

U.S. Department of the Army, Corpus Christi Army Depot and American Federation of Government Employees, Local 2142

Corpus Christi Army Depot and AFGE Local 2142 (FLRA 0-AR-2484): night differential award set aside

An Army Depot electronics mechanic lost his night shift differential when the depot reassigned him to a day shift. An arbitrator ordered backpay and pay retention based on the lost differential. The Authority held that the pay retention rules measure a prevailing-rate worker's scheduled rate of…

November 29, 1993 ·FLRA
Set aside
COMM

U.S. Department of the Air Force, 645 Mission Support Squadron and American Federation of Government Employees, Local 1138

Wright-Patterson Air Force Base and AFGE Local 1138 (FLRA 0-AR-2468): appraisal remedy removed

Three Air Force employees challenged their nonselection for promotion. An arbitrator found that the selection process violated the labor agreement and ordered the agency to repeat it. He also directed the agency to raise two employees' 1992 performance ratings to superior. The Authority found no…

November 29, 1993 ·FLRA
Modified
COMM

U.S. Department of the Navy, Northern Division, Naval Facilities Engineering Command and National Federation of Federal Employees, Local 1430

Navy facilities command and NFFE Local 1430 (FLRA BP-DR-30035): election agreement appeal dismissed as early

NFFE Local 1430 objected to a proposed consent election agreement in a decertification case involving a Navy facilities command. The regional director approved the agreement, and the union asked the Authority to review that approval. The Authority found the request premature because the regional…

November 26, 1993 ·FLRA
Procedural
ALJ

Hartford Roofing Co., Inc.

Warning-line violation affirmed on 69-foot-wide roof

Hartford Roofing was performing built-up roofing work on a low-pitched roof that was about 69 feet wide and 19 feet above the ground. Two employees moving sheetrock worked about eight feet from the roof edge. Hartford used only a safety monitor, but the judge found that the roof-width rule required…

November 26, 1993 ·Richard DeBenedetto ·OSHRC
Citations affirmed
ALJ

New Hope of Kentucky, Inc.

Settlement approved with reduced penalties

New Hope of Kentucky faced civil-penalty proceedings involving three dockets and proposed assessments totaling $5,952. The parties reached a settlement that reduced the total penalty to $3,692, including a reduction from $500 to $100 in KENT 93-487 and reductions on several citations in KENT…

November 24, 1993 ·Roy J. Maurer ·FMSHRC
Settled
COMM

L. A. Poole and Owen Patton v. Ingalls Shipbuilding, Incorporated

Poole and Patton v. Ingalls Shipbuilding (BRB 92-1261): hearing-loss settlements affirmed

Poole and Patton worked for Ingalls Shipbuilding and filed claims for occupational hearing loss after years of noise exposure. An administrative law judge approved separate settlements that included ongoing payments and future medical expenses. The Director challenged the settlement applications…

November 24, 1993 ·BRB
Affirmed
COMM

Willie C. Biggs v. Ingalls Shipbuilding, Incorporated

Biggs v. Ingalls Shipbuilding (BRB 91-300): hearing-loss medical fee upheld

Willie Biggs established that his hearing loss was work-related and received an award of medical benefits, although his amended compensation award paid no disability benefits under the law applied in that case. His administrative law judge awarded $1,900 in attorney fees against Ingalls…

November 24, 1993 ·BRB
Affirmed
COMM

National Treasury Employees Union and U.S. Department of Commerce, Patent and Trademark Office

NTEU and Patent and Trademark Office (FLRA 0-NG-2139): negotiability appeal filed too late

During bargaining over a new agreement, the Patent and Trademark Office listed proposals it considered nonnegotiable in an appendix signed by both parties. NTEU later requested another written allegation and filed an appeal after the agency declined to provide one. The Authority held that the…

November 24, 1993 ·FLRA
Procedural
COMM

U.S. Department of Health and Human Services, Social Security Administration, Boston Region and American Federation of Government Employees, Local 1164

Social Security Boston Region and AFGE Local 1164 (FLRA 0-AR-2474): performance rating challenge denied

A Social Security employee challenged a “Fully Successful” performance rating and sought higher ratings on several job tasks. An arbitrator found that the supervisor had not rated her improperly and denied the grievance. The union argued that the arbitrator unfairly excluded another employee's…

November 24, 1993 ·FLRA
Upheld
COMM

U.S. Department of the Treasury, Internal Revenue Service and National Treasury Employees Union

IRS and NTEU (FLRA 0-AR-2447): attorney fee award based on local market rates upheld

An arbitrator awarded attorney fees after ruling that IRS revenue officers had been wrongly denied overtime coverage and were owed backpay and liquidated damages. The IRS challenged the hourly rate used for the union's lawyers, arguing that the arbitrator should have used lower rates the union had…

November 24, 1993 ·FLRA
Upheld
COMM

U.S. Department of the Treasury, U.S. Customs Service, Nogales, Arizona and National Treasury Employees Union, Chapter 116

Customs Service and NTEU Chapter 116 (FLRA 0-AR-2429): late arbitration appeal stays dismissed

An arbitrator replaced a proposed 14-day Customs Service suspension with a reprimand and retained jurisdiction briefly over a request for attorney fees. The agency filed exceptions after the 30-day deadline, and the Authority dismissed them. The agency asked for reconsideration, arguing that the…

November 24, 1993 ·FLRA
Procedural
ALJ

Energy West Mining Company

S&S designation removed on remand

Energy West Mining was cited for a violation at the Cottonwood Mine that had previously been designated significant and substantial. On remand from the Commission, Judge Michael A. Lasher, Jr. found that the record did not sufficiently show that the mine was gassy or had previously experienced…

November 23, 1993 ·Michael A. Lasher, Jr. ·FMSHRC
Modified
COMM

AMOCO Oil Company Mandan, North Dakota Refinery

In re Amoco Oil Company Mandan Refinery (EAB RCRA Appeal No. 92-21): review denied in part and permit remanded in part

Amoco Oil Company operated a petroleum refinery near Mandan, North Dakota, that processed about 60,000 barrels of crude oil each day and produced gasoline, diesel fuel, jet fuel, and fuel oil. Amoco challenged many corrective-action and permit conditions, including dispute resolution, conditional…

November 23, 1993 ·EPA EAB
Mixed result
ALJ

F & E Erection Company

Discrimination case settled and dismissed

The Secretary of Labor brought this Mine Act discrimination proceeding on behalf of John Lacek against F & E Erection Company. The Secretary moved to withdraw the complaint after the parties resolved all issues and the company made the required payment to Lacek. Judge Arthur J. Amchan approved the…

November 19, 1993 ·Arthur J. Amchan ·FMSHRC
Settled
COMM

Equal Employment Opportunity Commission and National Council of EEOC Locals No. 216, American Federation of Government Employees

EEOC and AFGE Council 216 (FLRA WA-CU-20470, WA-CU-20471): unit appeal dismissed as late

The EEOC sought Authority review of a regional director's decision in two unit clarification cases. The applicable filing deadline was October 15, 1993, but the agency's envelope bore an October 18 meter postmark. The EEOC said it had mailed the application on time and that mailroom contractors had…

November 19, 1993 ·FLRA
Procedural
ALJ

Southmountain Coal Company, Incorporated

Late penalty petitions allowed to proceed

Southmountain Coal moved to dismiss two civil-penalty cases because the Secretary filed the penalty petitions four days after the 45-day deadline in Commission Rule 28(a). The Secretary explained that counsel relied in good faith on the wrong date stamp when calculating the deadline. Judge Gary…

November 19, 1993 ·Gary Melick ·FMSHRC
Procedural
ALJ

S & H Mining, Incorporated

Roof-control and examination violations affirmed

MSHA cited S & H Mining after a roof fall at the No. 7 Mine injured helper Eddie Suttles and caused paralysis. The case involved an entry driven wider than the approved roof-control plan allowed, along with inadequate preshift and on-shift examinations and reporting. Judge Gary Melick found the…

November 19, 1993 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Frank Sette v. Maher Terminals, Incorporated

Sette v. Maher Terminals (BRB 91-1920): office delivery clerk excluded from coverage

Frank Sette was injured while working as a delivery clerk at Maher Terminals' marine facility. He processed paperwork that authorized truck drivers to collect outbound cargo, and the employer paid benefits under New Jersey workers' compensation law. An administrative law judge denied his Longshore…

November 19, 1993 ·BRB
Affirmed
COMM

Ray Wentzell, d/b/a N.E.E.T. Builders

Discovery dismissal set aside for further inquiry

N.E.E.T. Builders was a construction business whose owner represented himself in proceedings over a serious citation and proposed penalties totaling $10,050. The ALJ dismissed the notice of contest after the employer did not provide more complete discovery responses despite two orders. The…

November 19, 1993 ·OSHRC
Remanded
ALJ

A A Quality Construction Materials

Settlement approved after hearing conferences

A.A. Quality Construction Material manufactured and sold construction materials. OSHA cited the company for three alleged willful, ten serious, and four other-than-serious violations, with proposed penalties totaling $24,700. The company contested the citations, and the case proceeded to a…

November 19, 1993 ·Michael H. Schoenfeld ·OSHRC
Settled
ALJ

Anderson Excavating & Wrecking Co.

Bridge fall and hard-hat violations affirmed

Anderson Excavating & Wrecking was the demolition contractor removing the old Talmadge Bridge over the Savannah River. The ALJ held that OSHA's construction standards applied because the demolition was part of the larger bridge-replacement project and used construction trades and methods. Employees…

November 19, 1993 ·Nancy J. Spies ·OSHRC
Mixed result
ALJ

Mutual Erectors Inc.

Three safety violations affirmed for $2,300

Mutual Erectors was a small steel-erection contractor building the steel frame for a school addition. The ALJ vacated a general-industry sling-inspection item because the construction rigging standard more specifically covered the condition and the Secretary did not prove a missed inspection. She…

November 19, 1993 ·Nancy J. Spies ·OSHRC
Mixed result
ALJ

Triangle Engineering Corp.

Mixed construction ruling carries $1,350 in penalties

Triangle Engineering was the general contractor building a prison in Guaynabo, Puerto Rico. The ALJ affirmed serious violations involving site-specific safety instruction, missing edge guardrails, an accessible crane swing radius, and an unprotected excavation. She also affirmed other-than-serious…

November 19, 1993 ·Michael H. Schoenfeld ·OSHRC
Mixed result
COMM

American Federation of Government Employees, Local 1857 and Eloise F. Holdahl

AFGE Local 1857 and Eloise F. Holdahl (FLRA 9-CO-10021): union's attorney fee request denied

AFGE Local 1857 prevailed in an earlier unfair labor practice case about whether it had to represent a nonmember employee in a proposed disciplinary action. The union then sought attorney fees from the government under the Equal Access to Justice Act. The Authority found that the government's…

November 19, 1993 ·FLRA
Upheld
COMM

National Association of Agriculture Employees and U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine

Agriculture inspection employees (FLRA 0-NG-2134): Sunday overtime proposal remains nonnegotiable

The union proposed paying plant protection and quarantine officers for eight hours of scheduled Sunday overtime even when they worked fewer hours. The Authority had found the proposal inconsistent with the statute governing those officers' overtime pay. Seeking reconsideration, the union argued…

November 19, 1993 ·FLRA
Procedural
COMM

U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution Ashland and American Federation of Government Employees, Local 1286

FCI Ashland and AFGE Local 1286 (FLRA 0-AR-2459): reduced discipline stands

A federal prison suspended an auto body instructor for 14 days after he disclosed information about an inmate to his wife. An arbitrator found a policy violation but concluded that a written reprimand was sufficient, citing the limited disclosure, the agency's usual penalty range, and problems in…

November 19, 1993 ·FLRA
Upheld
ALJ

Laurel Sand and Gravel, Inc.

Cylinder citation affirmed and settlement approved

Laurel Sand and Gravel was cited after inspectors found six unsecured compressed gas cylinders outside its maintenance shop. Judge Avram Weisberger held that the regulation applies even when cylinders are empty or have no residual pressure, affirmed the citation, and assessed a $50 penalty. He also…

November 18, 1993 ·Avram Weisberger ·FMSHRC
Mixed result
ALJ

Mettiki Coal Corporation

Temporary economic reinstatement approved

The Secretary of Labor sought temporary reinstatement for James W. Miller in a Mine Act discrimination proceeding. Before the scheduled hearing, Mettiki Coal and Miller stipulated to temporary economic reinstatement. The agreement required payment of the standard hourly wage, benefits, and bonuses…

November 18, 1993 ·Jerold Feldman ·FMSHRC
Procedural
ALJ

Jim Walter Resources, Incorporated

Safety work refusal protected from discrimination

Jim Walter Resources disciplined miner James Johnson after he refused to work in a longwall crosscut where roof conditions were deteriorating and required support had been removed. Judge William Fauver found that Johnson had a reasonable, good-faith belief that the area was unsafe, gave management…

November 18, 1993 ·William Fauver ·FMSHRC
Other
ALJ

Sovereign Mining Company

Temporary reinstatement ordered

The Secretary of Labor sought temporary reinstatement for Danny Shepherd after his suspension from Sovereign Mining's No. 1 Mine. The Secretary's filing described protected safety activities connected to Shepherd's work as a miners' safety representative. Sovereign Mining did not request a hearing…

November 18, 1993 ·Jerold Feldman ·FMSHRC
Procedural
ALJ

Fort Scott Fertilizer-Cullor, Inc.

Truck-safety case yields mixed result

MSHA cited Fort Scott Fertilizer-Cullor and James Cullor over defective brakes and a broken leaf spring on four quarry trucks. The ALJ found that employees had tampered with the slack adjusters on the two Euclid trucks, vacated the related citation and order, and dismissed the individual-liability…

November 18, 1993 ·Jerold Feldman ·FMSHRC
Mixed result
COMM

Biddle Sawyer Corporation

In re Biddle Sawyer Corporation (EAB TSCA Appeal No. 91-5): EAJA award affirmed and modified

Biddle Sawyer Corporation prevailed in an EPA enforcement action involving alleged Toxic Substances Control Act violations and then sought attorney fees and expenses under the Equal Access to Justice Act. The Environmental Appeals Board held that the Agency had jurisdiction to award fees, that…

November 17, 1993 ·EPA EAB
Modified
ALJ

Buck Mountain Coal Company

Temporary relief denied

Buck Mountain Coal Company sought temporary relief from a withdrawal order issued after inspectors found that its mine's miner headings lacked roof-support props required by its approved roof-control plan. The company argued that narrow headings did not need props and that props could hinder…

November 17, 1993 ·William Fauver ·FMSHRC
Procedural
COMM

Pittsburg & Midway Coal Mining Company

S&S finding remanded for analysis

MSHA cited Pittsburg & Midway Coal Mining Company after finding that a feeder slide at its York Canyon preparation plant was not guarded as required. The company conceded the violation, but disputed whether it was significant and substantial, or S&S. The Commission found that the judge did not…

November 17, 1993 ·FMSHRC
Remanded
COMM

Pittsburg & Midway Coal Mining Company

Backup-alarm ruling remanded

MSHA cited Pittsburg & Midway Coal Mining Company after finding that a truck at its York Canyon surface mine had an inoperative backup alarm. The ALJ found a violation of the backup-alarm standard and designated it significant and substantial, but applied an outdated version of the standard. The…

November 17, 1993 ·FMSHRC
Remanded
ALJ

Bear Run Coals, Incorporated, Mr. David "Toby" Toney, W-P Coal Incorporated

Bear Run Coals, Incorporated, et al. (FMSHRC WEVA 92-1115-D): Discrimination settlement approved

Nicholas Ramirez alleged that Bear Run Coals, Incorporated and the other respondents laid him off because he served as the miners' representative. The parties reached a settlement before the scheduled hearing and submitted it for approval under the Commission's settlement rule. Judge George A…

November 16, 1993 ·George A. Koutras ·FMSHRC
Settled
ALJ

USX Corporation, Minnesota Ore Operations

Mixed rulings across four dockets

This consolidated decision concerns four dockets at USX Corporation's Minntac Mine and Minntac Plant, a large taconite operation. The judge approved settlements for a wet walkway violation and unguarded lights, found an S&S violation when a locomotive failed to sound its horn at a railroad…

November 16, 1993 ·David F. Barbour ·FMSHRC
Mixed result
COMM

Daniel Lee Coal Co., Inc.

Clerical-error correction remanded

The Commission considered the Secretary of Labor's motion to correct a clerical error in a final order issued by the Chief Administrative Law Judge. The judge's order had become final 40 days after issuance under 30 U.S.C. § 823(d)(1). Applying its procedural rule for correcting clerical errors in…

November 16, 1993 ·FMSHRC
Procedural
COMM

Food and Drug Administration, Mid-Atlantic Region and American Federation of Government Employees, Council No. 242

FDA Mid-Atlantic Region and AFGE Council 242 (FLRA BY-CA-20054, BY-CA-20056): information order stands

The Authority had found that the FDA violated federal labor law by failing to respond promptly to a union information request and by withholding a file concerning Chilean grapes. The FDA sought reconsideration of that ruling in one of two consolidated cases. It argued that testimony at the hearing…

November 15, 1993 ·FLRA
Procedural
ALJ

B & M Roofing

Two serious-item penalties totaling $2,250 assessed

B & M Roofing of Colorado contested OSHA citations and proposed penalties, then proceeded to a hearing on July 27, 1993. The ALJ entered findings of fact and conclusions of law on the hearing record, but the released written decision does not describe the cited conditions or identify the standards…

November 15, 1993 ·James H. Barkley ·OSHRC
Citations affirmed
ALJ

A.J. McNulty Co., Inc.

Hard-hat violation affirmed with a $750 penalty

A.J. McNulty was handling a six-foot concrete pillar with an overhead crane at a Staten Island worksite. Two employees receiving the pillar and their foreman were not wearing hard hats. The company acknowledged that the workers should have worn head protection and said it disciplined them under its…

November 15, 1993 ·Irving Sommer ·OSHRC
Citations affirmed
ALJ

C.R. Huffer Roofing

Aerial-lift basket violation affirmed for $3,000

C.R. Huffer Roofing worked on a fire-station renovation in Upper Arlington, Ohio. The Secretary withdrew the accident-program and repeat-training allegations, and the parties agreed that the aerial-lift control-check item would be other-than-serious. The ALJ vacated a personal fall-protection item…

November 15, 1993 ·John H. Frye III ·OSHRC
Mixed result
COMM

U.S. Department of the Army, Armament Research, Development and Engineering Center, Picatinny Arsenal and National Federation of Federal Employees, Local 1437

Picatinny Arsenal and NFFE Local 1437 (FLRA 0-AR-2445): flawed engineering promotion must be corrected

The Army selected an employee for a chemical engineering position at Picatinny Arsenal after discarding the first expert's list of highly qualified candidates. An arbitrator found that the selected employee lacked required waste incineration expertise and that the selection violated the promotion…

November 15, 1993 ·FLRA
Upheld
ALJ

Art Beavers Construction Company

Refresher-training order affirmed

MSHA ordered Art Beavers Construction Company employees off a mine site after finding that four employees had not received the required eight-hour annual refresher training. The company disputed whether its employees were miners and whether the training rule applied, then reached a settlement with…

November 12, 1993 ·August F. Cetti ·FMSHRC
Citations affirmed
COMM

MATTER OF SOSA-HERNANDEZ

Section 241(f) waiver retroactively validated permanent residence

The Board reviewed a Mexican respondent's appeal from an Immigration Judge's denial of section 212(c) relief after granting a section 241(f) waiver and ordering deportation. The Board held that the section 241(f) waiver also waived the underlying fraud or misrepresentation and retroactively made…

November 12, 1993 ·BIA
Other
COMM

U.S. Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base and American Federation of Government Employees, Local 1857

McClellan Air Force Base and AFGE Local 1857 (FLRA 0-AR-2503): aircraft repair assignment challenge denied

The Air Force sent two employees to the United Kingdom to repair an F-111 aircraft. Two other employees grieved their nonselection, arguing that those chosen lacked required certifications for the temporary assignment. The arbitrator found that the selected employees had the skills needed for the…

November 10, 1993 ·FLRA
Upheld
COMM

U.S. Department of the Army, Corpus Christi Army Depot and International Association of Machinists and Aerospace Workers, Local 2049

Corpus Christi Army Depot and IAM Local 2049 (FLRA 0-AR-2465): higher-grade pay grievance denied

A WG-7 metal tube worker at Corpus Christi Army Depot sought WG-9 pay for work he said he had performed over several years. The arbitrator found that he had done some WG-9 work but spent most of his time on WG-7 duties. Working without close supervision did not by itself turn the work into WG-9…

November 10, 1993 ·FLRA
Upheld
COMM

Secretary of Labor on behalf of Donald L. Gregory and Loy D. Peters v. Thunder Basin Coal Company

Thunder Basin Coal Company (FMSHRC WEST 92-279-D): Discovery-dismissal ruling reversed

The Secretary brought discrimination complaints on behalf of Donald L. Gregory and Loy D. Peters, miners who said Thunder Basin Coal Company retaliated against them for cooperating with MSHA and exercising Mine Act rights. The ALJ dismissed both complaints after the Secretary declined to provide…

November 9, 1993 ·FMSHRC
Remanded
ALJ

FMC Wyoming Corporation

Abatement orders affirmed, contests dismissed

FMC Wyoming Corporation operates the FMC Trona Mine, where MSHA cited housekeeping and electrical-cover conditions and later issued failure-to-abate orders. The judge approved settlements that reduced or amended several penalties, affirmed the citations and related orders, and assessed $100…

November 8, 1993 ·John J. Morris ·FMSHRC
Citations affirmed
COMM

Jesse C. Vinson v. Newport News Shipbuilding and Dry Dock Company

Vinson v. Newport News Shipbuilding (BRB 92-388): overpayment cannot offset later injury

Newport News Shipbuilding overpaid Jesse Vinson $794.78 on a 1987 work injury, then subtracted that amount from compensation owed for a separate 1990 work injury. An administrative law judge ordered the employer to restore the withheld payments. The Board affirmed, holding that Section 14(j)…

November 8, 1993 ·BRB
Affirmed
ALJ

TRW, Inc.

Repeated housekeeping violation draws a $3,400 penalty

TRW manufactured valves and valve-train parts at an eighteen-acre Cleveland plant. OSHA found coolant or grinding lubricant pooled around two machines and oil leaking onto the floor of a locker room used by employees and cleaning staff. The ALJ found that TRW permitted the locker-room inspection…

November 8, 1993 ·Nancy J. Spies ·OSHRC
Citations affirmed
ALJ

Bradley Villers d/b/a Shannon Marie Harvesters

Citations vacated because no employer relationship was proved

The crew of the vessel Shannon Marie harvested sea cucumbers in Washington waters under a partnership agreement. The ALJ rejected the claim that Coast Guard authority displaced OSHA because the vessel was uninspected and the Coast Guard did not regulate its fishing operations. The Secretary still…

November 8, 1993 ·Benjamin R. Loye ·OSHRC
Citations vacated
COMM

USDA Forest Service, Pacific Northwest Region and National Federation of Federal Employees, Forest Service Council, Region 6

Forest Service Region 6 and NFFE (FLRA SF-CA-20887): details covered by labor agreement

The Forest Service detailed about 293 employees to national forests in eastern Oregon for periods ranging from one week to four months. NFFE sought bargaining over the involuntary details, arguing that earlier involuntary assignments had been limited to misconduct or workplace disruptions. The…

November 4, 1993 ·FLRA
Set aside
COMM

MATTER OF CHAVEZ-CALDERON

Fleuti doctrine did not apply to lawful temporary residents

The Board reviewed the Service's appeal from an Immigration Judge's termination of deportation proceedings against a Mexican citizen who held lawful temporary resident status under section 210 of the Immigration and Nationality Act. The respondent had returned from a trip to Mexico lasting less…

November 4, 1993 ·BIA
Vacated
COMM

Carolyn Manti, d/b/a Manti Homes

Pro se answer accepted and default dismissal reversed

OSHA cited Manti Homes for two serious and three repeated construction violations involving housekeeping, ladders, and scaffolding, with proposed penalties totaling $19,400. After Manti missed the formal answer deadline, the company sent a handwritten response that disputed the cited conditions but…

November 4, 1993 ·OSHRC
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.