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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Essroc Corp.
Backpay award amended on remand
On remand from the Commission, Judge William Fauver determined the unemployment compensation that Clifford Meek received during the original backpay period in his discrimination case against Essroc Corporation. The judge deducted $6,942 from the prior $24,000 backpay and interest award, leaving…
L.M. Karnes, Employed by J.H. Shears Sons, Inc.
Default order vacated and remanded
Chief Administrative Law Judge Paul Merlin entered a default order against L.M. Karnes after Karnes did not answer the Secretary's proposed civil penalty notice or an order to show cause. The judge assessed the proposed $400 penalty. The Commission treated Karnes's later letter as a timely petition…
Consolidation Coal Company
Partial settlement approved and citation transferred
Consolidation Coal Company faced 13 alleged violations at the Osage No. 3 Mine. Judge George A. Koutras approved settlements for 11 citations, then approved a settlement for Citation 3716124 after the parties agreed to delete its S&S designation and reduce the penalty from $276 to $166. The…
Energy West Mining Company
Ventilation citation affirmed during idle shift
Energy West Mining Company was cited after the air reaching the intake end of an idle longwall face measured 22,680 CFM, below the 30,000 CFM minimum in its approved ventilation plan. Energy West argued that the plan applied only while coal was being produced, but Judge Michael A. Lasher, Jr. held…
Mid-Continent Resources Inc.
Partial settlement approved and decision amended
Mid-Continent Resources Inc. faced five orders involving alleged mine-safety violations at the Dutch Creek Mine. One order was pending discretionary review and another had already been reassessed and settled in a different docket, so Judge John J. Morris deleted both from this proceeding. The…
Waste Technologies Industries
In re Waste Technologies Industries (EAB RCRA Appeal Nos. 93-7 and 93-9): review dismissed for lack of jurisdiction
Waste Technologies Industries operated a hazardous-waste incinerator in East Liverpool, Ohio. Greenpeace and other petitioners challenged an EPA letter approving post-trial-burn operations, while the City of Pittsburgh and West Virginia challenged a later letter that imposed additional operating…
Oglebay Norton Taconite Company
Part 50 injury-reporting settlement approved
Oglebay Norton Taconite Company faced 53 citations across four dockets for failing to report mine-site injuries that were reportable under Part 50 of the regulations. The parties explained that 45 injuries were treated later and did not cause lost time, while eight caused lost time and should have…
Beta Construction
General contractor liable for inadequate night lighting
Beta Construction was the general contractor for removal and replacement of roofing at the Department of Housing and Urban Development headquarters in Washington, D.C. Its asbestos-removal subcontractor worked at night in areas measuring as little as 1.95 foot-candles, below the required five…
U.S. Department of Agriculture, Forest Service, Apache-Sitgreaves National Forest, Springerville, Arizona and National Federation of Federal Employees
Apache-Sitgreaves National Forest election (FLRA SA-RO-20015): objections returned for fact finding
Employees at Apache-Sitgreaves National Forest voted against representation by the National Federation of Federal Employees. The union objected to meetings that forest management held during the election, and a regional director set aside the vote and ordered a new election. The Authority held that…
Kansas Army National Guard, Topeka, Kansas and Association of Civilian Technicians, Kansas Army Chapter and National Association of Government Employees, Local R14-87
Kansas Army National Guard election petition (FLRA DE-RO-20019): renewed contract bars rival petition
The Association of Civilian Technicians sought to represent Kansas Army National Guard technicians already covered by a contract with NAGE Local R14-87. A regional director dismissed the petition because the existing contract had automatically renewed before it was filed. The Authority agreed that…
Byrd Produce Company
Attorney neglect leaves late citations final
OSHA issued Byrd Produce Company two serious citations after inspecting two California ranches, alleging failures to provide drinking cups and hand-washing water and proposing $640 in penalties. Byrd promptly delivered the citations to its attorney, but the attorney filed the notice of contest four…
Jackson Associates of Nassau
Late-contest case remanded over alleged OSHA misrepresentation
OSHA cited Jackson Associates of Nassau, operator of the Jackson Hotel, for eleven serious violations and one willful violation, with $11,230 in proposed penalties. The hotel filed its notice of contest after the statutory deadline while one owner was caring for her terminally ill husband and her…
Patent Office Professional Association and U.S. Department of Commerce, Patent and Trademark Office, Washington, D.C.
Patent classifiers' appraisal provisions (FLRA 0-NG-2097): three provisions negotiable
The Patent and Trademark Office disapproved three contract provisions concerning how patent classifiers record work time and receive information about errors in their work. The Authority found that recording time under appropriate codes and giving employees written error reports were negotiable…
Juan Cabaleiro v. Bay Refractory Company, Incorporated
Cabaleiro v. Bay Refractory (BRB 91-1912): road accident outside Longshore Act situs
Juan Cabaleiro was injured in a vehicle accident while traveling to a ship maintenance job for Bay Refractory. The accident occurred at an auto shop yard about five miles from the ship and three miles from navigable water. An administrative law judge awarded Longshore Act benefits because Cabaleiro…
American Federation of Government Employees, Local 2761 and U.S. Department of the Army, Army Publications Distribution Center, St. Louis, Missouri
Army Publications Distribution Center scooters (FLRA 0-NG-2084): two proposals negotiable
The Army planned to replace electric scooters with manual tricycles for maintenance workers traveling through a publications warehouse. AFGE Local 2761 proposed that the agency maintain at least three scooters and keep scooters available for employees who documented a physical hardship or…
Wyoming Fuel Company
Remand decision splits imminent-danger orders and citations
Wyoming Fuel Company contested several orders and citations at the Golden Eagle Mine after MSHA inspectors found methane near Kennedy stoppings and issued imminent-danger orders. On remand, Judge John J. Morris found no legally recognizable prejudice from the Secretary's proposed citation…
The Harriman Coal Corp.
Equipment-safety citations affirmed
The Harriman Coal Corporation used a Caterpillar excavator without handrails along the outer edges of its walkways and a Ford truck without an audible backup alarm. Judge Roy J. Maurer held that the excavator lacked the handrails required by 30 C.F.R. § 77.409(b), and that the truck's missing alarm…
U.S. Steel Group, Minnesota Ore Operations
Imminent-danger findings modified after crusher hearing
U.S. Steel Group, Minnesota Ore Operations contested an imminent-danger withdrawal order and two citations issued during repair work near the primary crusher at its Minntac taconite plant. Judge David F. Barbour vacated the imminent-danger and S&S findings connected to the unsecured crusher hatches…
Wisconsin Federation of Nurses and Health Professionals, Veterans Administration Staff Nurses Council, Local 5032 and U.S. Department of Veterans Affairs, Clement J. Zablocki Medical Center, Milwaukee, Wisconsin
Milwaukee VA nurses' counseling provision (FLRA 0-NG-2055): appeal dismissed for lack of review authority
A nurses' union challenged the Veterans Affairs Secretary's disapproval of a contract provision about how long written counseling could be used in personnel actions. The Secretary had determined that the provision concerned professional conduct or competence, a title 38 bargaining exclusion. The…
U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah and American Federation of Government Employees, Local 1592
Hill Air Force Base performance appraisal (FLRA 0-AR-2396): conditional rating review set aside
A machinist at Hill Air Force Base challenged ratings in two elements of his performance appraisal. An arbitrator raised one rating and ordered further review of the other, with a possible increase if coworkers disciplined for the same lunch-break incident had received higher ratings. The Authority…
American Federation of Government Employees, Local 96 and U.S. Department of Veterans Affairs, Medical Center, St. Louis, Missouri
AFGE Local 96 and St. Louis VA Medical Center (FLRA 0-AR-2377): newsletter retraction award stands
AFGE Local 96 published a newsletter article criticizing a supervisor at the St. Louis VA Medical Center. An arbitrator found that the article contained false statements and violated a contract provision barring libelous or defamatory material on agency facilities, then ordered the union to publish…
Quick-Cast Limited
Seven serious citation items settled for $675
OSHA cited Quick-Cast Limited, an aluminum casting and engraving business, for safety conditions involving portable fire extinguishers, bench grinders, oxygen and acetylene cylinder storage, flexible electrical wiring, and its written hazard communication program. An ALJ had affirmed most of the…
American Federation of Government Employees, Local 3295 and U.S. Department of the Treasury, Office of Thrift Supervision
Office of Thrift Supervision bargaining proposals (FLRA 0-NG-2040): pay excluded, reassignment procedure negotiable
AFGE Local 3295 proposed terms for employee pay, health insurance, position classification, and reassignment at the Office of Thrift Supervision. The Authority held that the agency director's exclusive statutory power over pay and benefits barred bargaining over the compensation and health…
Ray Sumlin Construction Co., Inc.
Unprotected excavation results in $4,000 penalty
OSHA observed a Ray Sumlin Construction employee working in a six-foot-deep excavation with vertical walls and no cave-in protection at a county jail project in Alabama. The superintendent initially requested a warrant but later invited the compliance officer to examine the excavation and helped…
Metal Recycling Company
Scrap-yard hazards yield mixed ruling and $400 penalty
OSHA inspected Metal Recycling Company's three-employee scrap-metal facility in El Paso, Texas, and issued a serious citation with multiple items. The judge affirmed serious violations involving unsecured access stairs, an exit leading into a blocked and fenced yard, obstructed aisles, hazardous…
Asamera Mineral (US), Inc.
Settlement reduction rejected for lack of support
Asamera Mineral (US), Inc. and the Secretary asked the judge to approve a reduction of a methane-ignition penalty from $157 to $20. Judge Paul Merlin rejected the proposed settlement because the parties gave no reasons for the reduction and did not explain how the amount met the six statutory…
Asamera Mineral (US), Inc.
Accident-scene settlement reduction rejected
Asamera Mineral (US), Inc. and the Secretary asked to reduce a $100 penalty to $50 for allegedly altering an accident scene before MSHA could investigate. Judge Paul Merlin rejected the settlement motion because it did not describe how the scene was altered, the effect of the alteration, or the…
7th Infantry Division (Light), Fort Ord, California and Harry W. Johnson, III
Fort Ord witness leave (FLRA SF-CA-20784): unfair labor practice complaint dismissed
A Fort Ord employee testified under subpoena at a hearing on his complaint against his union after he had gathered petitions seeking to remove the union. The Army granted him annual leave but refused to give him paid official time for the hearing. The FLRA held that 5 U.S.C. § 7131(c) authorizes…
MATTER OF H-
Missing reports did not establish government knowledge
The Associate Commissioner reviewed a Chinese applicant's appeal from the denial of temporary resident status under section 245A. The applicant credibly showed that he had willfully violated the former address-reporting requirements for nonimmigrant students and therefore had been in unlawful…
National Federation of Federal Employees, Local 28 and Defense Commissary Agency
Commissary exit inspections (FLRA 0-NG-2082): two union proposals nonnegotiable
The Defense Commissary Agency used unannounced random checks of employees' hand-carried items as they left commissary stores to deter theft. NFFE Local 28 proposed limiting purse and pocketbook checks to cases with reason to suspect unauthorized possession or theft and allowing a union witness at…
Air Force Logistics Command, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916
Tinker Air Force Base reduction in force (FLRA 0-AR-2359): reconsideration denied
An arbitrator had ordered Tinker Air Force Base to change an employee's tenure group and rerun a reduction in force, with possible reinstatement and backpay. The Authority set aside that part of the award in an earlier decision because it conflicted with the Federal Personnel Manual, while leaving…
Adams Stone Corp
Quarry safety findings partly modified after disabling fall
Adams Stone Corporation faced six safety violations after assistant superintendent Terry Cantrell fell about 25 to 30 feet from a primary crusher and suffered permanently disabling injuries. Judge George A. Koutras affirmed the safety-belt violations and several blasting-related violations, while…
Ramblin Coal Company, Inc.
Remanded citations dismissed as moot
The Secretary asked to dismiss the portions of two Ramblin Coal Company cases that had been remanded for further action because the remanded citations were moot. The civil penalties had been recalculated, were not contested by the operator, and became final Commission orders under 29 C.F.R. §…
MATTER OF P-F-
Armed burglary and robbery convictions supported deportability
The Board reviewed a Haitian respondent's appeal from an order finding him deportable after convictions in Florida for armed burglary and armed robbery involving a firearm. The Board held that firearm use was an essential element of the convictions because it elevated the crimes to first-degree…
National Federation of Federal Employees, Local 1438 and U.S. Department of Commerce, Bureau of the Census, Jeffersonville, Indiana
Census Bureau disciplinary deadlines (FLRA 0-NG-2108): timeliness provision negotiable
The Census Bureau disapproved an agreement provision requiring managers to decide promptly whether discipline was warranted after an employee responded to charges and to seek an expeditious personnel recommendation. NFFE Local 1438 appealed. The Authority found that the provision set standards for…
American Federation of Government Employees, Council of Prison Locals and U.S. Department of Justice, Bureau of Prisons
Prison employee performance and assistance rules (FLRA 0-NG-2064): one of three provisions negotiable
The Bureau of Prisons disapproved three provisions of an agreement with AFGE's Council of Prison Locals. The Authority found that a provision incorporating the agency's entire performance appraisal program was nonnegotiable because parts of that program conflicted with governmentwide rules or…
Defense Logistics Agency, Sharpe Depot, Lathrop, California and American Federation of Government Employees, Local 1546
Sharpe Depot temporary promotions (FLRA 0-AR-2383): grievance denial upheld
Sharpe Depot returned supply systems analysts to their permanent GS-11 jobs after their temporary GS-12 promotions ended. AFGE Local 1546 argued that the agency should have made the promotions permanent and that the employees were treated unfairly under the collective bargaining agreement. An…
Social Security Administration, Baltimore, Maryland and American Federation of Government Employees
Social Security overtime backpay (FLRA 0-AR-2376): six-year remedy upheld
Social Security Administration claims examiners and claims authorizers had been incorrectly classified as exempt from overtime pay under the Fair Labor Standards Act. After the Authority upheld that finding, the arbitrator awarded backpay with interest for six years before the grievances and…
Martin Sales & Processing
Summary default reinstated after missed remand response
Martin Sales & Processing failed to provide a substantive response to an ALJ remand order after the Commission had vacated earlier summary default decisions and sent the matters back for further proceedings. Judge George A. Koutras found that the operator had received the orders and had ample…
Suckla Farms, Inc., and City of Fort Lupton, Colorado
In re Suckla Farms, Inc., and City of Fort Lupton, Colorado (EAB UIC Appeal Nos. 92-7 and 92-8): permit review denied
Suckla Farms, Inc. and the City of Fort Lupton, Colorado challenged EPA Region VIII's decision to issue a Class I nonhazardous Underground Injection Control permit to Wright's Disposal, Inc. for a well on Suckla's property. They argued that the lease restricted the waste that could be injected…
Boswell v. National Cement Company
Backpay award vacated as beyond remand
Ronny Boswell was found to have been unlawfully disqualified from his utility-laborer position and reassigned by National Cement Company, and the Commission had remanded the case for further review of the discrimination merits. On remand, the ALJ sustained the complaint and awarded Boswell…
Broward County, Florida
In re Broward County, Florida (EAB NPDES Appeal No. 92-11): review denied in part and permit remanded in part
Broward County sought review of EPA Region IV's denial of an evidentiary hearing request concerning its NPDES permit for the Northern Regional Wastewater Treatment Plant. The Environmental Appeals Board ordered the Region to supplement the record on whether the plant's effluent had a reasonable…
Quarto Mining Company
Known loader steering defect affirmed as unwarrantable failure
Quarto Mining Company kept a Caterpillar 988 front-end loader in service even though its steering intermittently locked when turned fully right. The shop foreman had known about the problem for several months, but the defect was not corrected and the loader was not removed from service before MSHA…
Glenn Burwick, Employed by Burwick Construction Company
$400 settlement approved
Glenn Burwick, employed by Burwick Construction Company, faced a civil penalty proceeding at the Alexander Sand Pit. Judge William Fauver reviewed the parties' settlement motion and supporting documentation under the statutory civil-penalty criteria. He approved the settlement and ordered payment…
Ohio Pizza Products Supply Co., Inc., d/b/a Presto America's Favorite Food
Willful sheeter citation reduced to serious
Presto used a dough sheeter in its pizza-shell bakery, where larger dough balls repeatedly jammed beneath a guard near the machine's rollers. Two employees sustained hand injuries while trying to push dough through the rollers. The judge found the guard inadequate and rejected the company's…
National Engineering & Contracting Company
Electrical and rebar violations affirmed for $400
OSHA inspected National Engineering & Contracting Company while it served as general contractor on an interstate bridge replacement project in Ohio. The judge rejected challenges to the anticipatory inspection warrant and found no credible basis for the company's claim that OSHA acted vindictively…
Art Specialty Company
Lamp manufacturer receives mixed ruling and $5,700 penalty
OSHA cited Art Specialty Company, a 29-employee lamp manufacturer, for numerous serious and other-than-serious conditions. The judge vacated a stairway citation because the Secretary did not prove employees used the stairs, and vacated the metal-shear portion of a machine-guarding item because the…
A.R. Contractors, Inc.
LP-gas traffic-protection citation vacated
A.R. Contractors used two liquid-petroleum gas tanks to fuel roofing operations at a Florida commercial construction project. OSHA alleged that the tanks were exposed to possible damage from construction traffic without adequate precautions. The judge rejected the contractor's argument that the…
American Federation of Government Employees, Local 1336 and Social Security Administration, Kansas City, Missouri
Kansas City leave procedures (FLRA 0-AR-2393): reprimand upheld
A Social Security Administration employee in Kansas City received a letter of reprimand for failing to follow procedures for requesting leave and reporting absences. The arbitrator found that the agency had counseled her about those procedures and that her medical documents did not show she had…
Department of Veterans Affairs Medical Center, Martinsburg, West Virginia and National Association of Government Employees, Local R4-78
Martinsburg VA performance review (FLRA 0-AR-2387): rating remedy changed
A Martinsburg VA medical center employee received a Fully Successful appraisal after two years of Outstanding ratings. An arbitrator found that the agency had failed to tell her during a required progress review how her work compared with the performance standards, and ordered the agency to treat…
Mullins and Sons Coal Company, Incorporated
Coal-dust findings modified to ordinary negligence
Mullins and Sons Coal Company faced two significant and substantial coal-dust violations after MSHA found accumulations in the No. 2 Section and inadequate rock dusting. The operator stipulated to the violations and their S&S character, but disputed whether the conditions resulted from…
MATTER OF IC-L-
Firearm use during drug trafficking supported deportability
The Board reviewed a Laotian lawful permanent resident's appeal from an order finding him deportable after a federal conviction under 18 U.S.C. § 924(c)(1) for using a firearm during a drug trafficking crime. The Board held that section 924(c)(1) creates a distinct offense, rather than merely…
Defense Logistics Agency, Defense Distribution Region East, New Cumberland, Pennsylvania and American Federation of Government Employees, Local 2004
New Cumberland asbestos pay dispute (FLRA 0-AR-2389): fee issue returned to arbitrator
An arbitrator had awarded environmental differential pay for New Cumberland employees exposed to asbestos and later clarified that the award covered all bargaining unit employees. The Defense Logistics Agency challenged that clarification, but its exceptions were mailed after the filing deadline…
USX Corp, Minnesota Ore Operations
Penalty corrected and $800 overpayment refunded
USX Corporation had paid a $5,767 assessment in LAKE 92-399-M-A, including an $800 penalty for Citation 3892662. A later settlement decision also included that citation and reduced its proposed penalty to $311, so the operator asked to reopen the matter after discovering the duplication. Judge Paul…
Jerry Ike Harless Towing Incorporated, Harless, Inc.
Mine jurisdiction split between related companies
Jerry Ike Harless Towing, Inc. dredged sand from the Calcasieu River, while related Harless, Inc. sold sand and other aggregates. Judge Jerold Feldman held that the dredging and processing activities were subject to the Mine Act and affirmed the registration citation against Harless Towing. He…
Oklahoma City Air Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local 916
Tinker aircraft repair travel (FLRA 0-AR-2399): overtime award returned for clarification
A wage grade mechanic at Tinker Air Force Base traveled to Guam to repair an aircraft and sought additional overtime pay for travel outside regular work hours. An arbitrator awarded overtime after applying the statute for General Schedule employees. The Authority found that wage grade employees…
MATTER OF LOPEZ-AMARO
Firearm use made a Florida murder conviction a firearms offense
The Board reviewed the Service's appeal from an Immigration Judge's termination of deportation proceedings against a Cuban lawful permanent resident convicted in Florida of first-degree murder with a firearm. The Board examined whether Florida's firearm-enhancement statute made firearm use an…
Oklahoma City Air Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local 916
Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-2391): mechanic's suspension upheld
The Air Force suspended a Tinker Air Force Base aircraft mechanic for 10 days after charging him with returning to duty under the influence of marijuana. An arbitrator upheld the suspension, and the union challenged the award. The Authority found that the union relied on an obsolete penalty table…
A-1 Grit Company
Default order vacated and case remanded
This civil penalty proceeding involved A-1 Grit Company's failure to answer the Secretary's proposed civil penalty notice and an administrative law judge's order to show cause. The judge entered an order of default and assessed the proposed $942 penalty. A-1 later asserted that it had timely…
Davis Trucking Company, Inc.
Default order vacated and case remanded
This civil penalty proceeding involved Davis Trucking Company's failure to answer the Secretary's proposed civil penalty notice and an administrative law judge's order to show cause. The judge entered an order of default and assessed the proposed $2,000 penalty. Davis's counsel later moved to…
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.