Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

60,101 decisions and counting · Latest decision October 28, 2026
60,101 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

ALJ

Roy Farmer and others v. Island Creek Coal Company

Compensation claims dismissed

Miners sought compensation for time they were idled by two imminent-danger orders at Island Creek's VP-3 Mine. The Commission later affirmed the underlying decision vacating those orders and a related citation. Judge George A. Koutras lifted the stay on the compensation claims after that Commission…

April 12, 1993 ·George A. Koutras ·FMSHRC
Procedural
ALJ

Top Kat Mining, Inc., W-P Coal Company, and Bear Run Coal, Inc.

Citation and order vacated

The Secretary pursued penalties against Top Kat Mining, W-P Coal Company, and Bear Run Coal after a bathhouse-floor citation at the No. 21 Mine. Top Kat and Bear Run were dismissed because service was not completed. Judge Gary Melick found that W-P was an operator as an owner and lessee, but that…

April 9, 1993 ·Gary Melick ·FMSHRC
Citations vacated
ALJ

Cyprus Tonopah Mining Corporation

Remand penalty reduced to $500

The Commission remanded a ground-condition violation for penalty reassessment after finding that Cyprus Tonopah Mining's conduct was not an unwarrantable failure. Judge Michael A. Lasher, Jr. found that the operator was still negligent because it allowed work and travel in an area with hazardous…

April 9, 1993 ·Michael A. Lasher, Jr. ·FMSHRC
Modified
ALJ

Arrow Crushed Stone, Inc.

Brake citation affirmed and other citations settled

Arrow Crushed Stone faced 15 alleged violations at its quarry. The judge approved a settlement for all but one citation, reducing the related penalties and removing significant-and-substantial designations from several citations. For the remaining citation, involving a front-end loader whose brakes…

April 9, 1993 ·Gary Melick ·FMSHRC
Mixed result
ALJ

Ludvik Electric

Unguarded platform citation dismissed under multi-employer defense

A Ludvik Electric employee fell to his death from an unguarded equipment-support deck at a Colorado construction site. The judge found that the deck was a covered work platform and that Ludvik could have anticipated employee use of it. Ludvik did not create or control the missing guardrails because…

April 9, 1993 ·James H. Barkley ·OSHRC
Citations vacated
COMM

National Treasury Employees Union and U.S. Nuclear Regulatory Commission, Washington, D.C.

Nuclear Regulatory Commission (FLRA 0-NG-2051): interview and reassignment proposals mostly negotiable

The National Treasury Employees Union proposed rules for employee interviews during investigations and for reassigning resident inspectors at nuclear plants. The Authority found four interview proposals negotiable, rejecting the agency's claim that inspector general investigations were…

April 9, 1993 ·FLRA
Mixed result
COMM

U.S. Department of Veterans Affairs, Regional Office, Cleveland, Ohio and AFGE Local 2823

Cleveland VA Regional Office (FLRA 0-AR-2354): local bargaining award upheld

The Cleveland VA regional office and AFGE Local 2823 disputed whether they had to bargain locally over a proposal for flexible work schedules. Their arbitrator found that the office raised its objection after the deadline in their local bargaining ground rules and required bargaining on the…

April 9, 1993 ·FLRA
Upheld
COMM

U.S. Department of Agriculture, Forest Service, Region 6 and NFFE Forest Service Council

Forest Service Region 6 (FLRA 0-AR-2344): surplus placement grievance award upheld

Forest Service Region 6 identified surplus positions and bargained with the union over how affected employees would be placed. After the parties signed an agreement covering most issues, the agency began implementing its placement plan. An arbitrator rejected the union's grievance, finding that the…

April 8, 1993 ·FLRA
Upheld
ALJ

Double "B" Mining, Inc.

Settlement approved with $3,382 penalty

Double "B" Mining, Inc. operated Mine No. 32 and faced civil penalty proceedings in two Southeast dockets. The parties jointly requested a settlement, citing the operator's financial difficulty. Judge Roy J. Maurer found the settlement appropriate under the Mine Act's penalty criteria and reduced…

April 7, 1993 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Delaware Valley Landscape Incorporated

Seat-belt violations affirmed after settlement

Delaware Valley Landscape Incorporated operated the Delaware Valley Landscape Stone mine and faced two seat-belt violations involving haulage trucks. The judge approved a settlement that changed both section 104(d)(1) actions to section 104(a) S&S citations, while affirming the underlying…

April 7, 1993 ·George A. Koutras ·FMSHRC
Settled
ALJ

Madison Branch Management, Inc.

Discrimination complaint dismissed

Ernie L. Spaulding alleged that Madison Branch Management did not hire him as a bulldozer operator because of his past work record and prior union activity. Judge Roy J. Maurer found that Spaulding did not prove he engaged in activity protected by the Mine Act. Because protected activity is a…

April 6, 1993 ·Roy J. Maurer ·FMSHRC
Procedural
COMM

Energy West Mining Company

Mine-site injury had to be reported

Energy West Mining Company contested a citation for failing to report a miner's injury under 30 C.F.R. § 50.20. The miner was injured while driving his personal car on mine property before his shift, and the injury kept him from working the next day. The Commission held that the injury was…

April 6, 1993 ·FMSHRC
Citations affirmed
ALJ

Oneida Coal Co., Inc.

Settlement addendum modifies negligence findings

Oneida Coal Company, Inc. and the Secretary of Labor submitted an addendum describing their settlement of a civil penalty proceeding involving Oneida Mine No. 1. Under the agreement, the Secretary would change the negligence finding from moderate to none on Citation No. 3309235. The Secretary would…

April 5, 1993 ·FMSHRC
Settled
ALJ

S & H Mining, Incorporated

Violations split, S&S findings reduced, and settlements approved

S & H Mining faced three consolidated dockets involving coal dust accumulations, directional control, escapeway water, and related conditions at its mine. Judge Gary Melick approved settlements in two dockets, vacated two citations, affirmed two violations without S&S findings, and assessed the…

April 5, 1993 ·Gary Melick ·FMSHRC
Mixed result
ALJ

Joseph B. Fay Co.

Bridge-edge fall citation vacated

Joseph P. Fay Company was removing a bridge deck in Columbia, New Jersey. OSHA alleged that two employees walked within a few feet of an unguarded bridge edge more than 25 feet above the ground. The judge found that the compliance officer could not reliably identify the workers as Fay employees and…

April 5, 1993 ·Irving Sommer ·OSHRC
Citations vacated
ALJ

Potomac Iron Works, Inc.

Roof-edge fall protection violation affirmed

Potomac Iron Works performed steel erection work on a building in Washington, D.C. OSHA observed an employee signaling a crane at the roof edge about 68 feet above the ground without effective fall protection. The employee wore a safety belt and lanyard but was not tied off, and his superintendent…

April 5, 1993 ·John H. Frye, III ·OSHRC
Citations affirmed
ALJ

Lancaster Colony Corp., Candle Lite

Fatality-reporting violation affirmed with reduced penalty

A Candle-Lite employee was injured while operating a forklift and died twelve days later from a condition the death certificate attributed to the workplace accident. The company did not report the death to OSHA until an outside recordkeeping review identified the omission several months later. The…

April 5, 1993 ·Edwin G. Salyers ·OSHRC
Modified
ALJ

Piping of Ohio, Inc.

Trenching violations affirmed, willful item reclassified as repeated

Piping of Ohio was replacing a water line in two excavations at an Ohio steel plant. The judge found that employees lacked adequate trench-safety instruction, did not have a safe means of exit, and were not protected by inspections from a qualified competent person. The judge also found that the…

April 5, 1993 ·James D. Burroughs ·OSHRC
Modified
ALJ

LAD Mining Incorporated, Larry Flynn and Ronald Calhuon

LAD Mining Incorporated, Larry Flynn and Ronald Calhoun (FMSHRC SE 92-181-D): Discrimination liability found, remedies reserved

The Secretary alleged that LAD Mining, Larry Flynn, and Ronald Calhoun refused to hire Jerry Lee Dotson because of his safety complaints and earlier Mine Act discrimination complaint. Judge David F. Barbour found that Dotson engaged in protected activity, that Calhoun knew about it and sought to…

April 2, 1993 ·David F. Barbour ·FMSHRC
Procedural
ALJ

Spurlock Mining Company, Inc. and Sarah Ashley Mining Co., Inc.

Penalties upheld for out-of-business operators

Spurlock Mining Company and Sarah Ashley Mining Company were assessed penalties for 13 and 76 violations, respectively. Both operators were small companies that had stopped doing business, and the judge rejected their claim that the penalties would affect their ability to continue operating. Judge…

April 2, 1993 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Waldon Health Care Center & ARA Woodlake Nursing Home

Hepatitis B citations vacated

ARA Living Centers operated the Waldon Health Care Center in Louisiana and the Woodlake Nursing Home in Texas. OSHA alleged that nurses and nursing assistants faced hepatitis B transmission through contact with blood or other bodily fluids and proposed offering the vaccine to exposed employees…

April 2, 1993 ·OSHRC
Citations vacated
COMM

U.S. Department of Health and Human Services, Social Security Administration, Region I, Boston, Massachusetts and AFGE Local 1164

Social Security Administration Region I (FLRA 1-CA-10407): relocation complaint dismissed

The union for a Social Security Administration office in Hyannis, Massachusetts asked to bargain about a possible move. The agency said it had not decided to relocate and would notify the union when it did. An administrative law judge dismissed the resulting unfair labor practice complaint, and the…

April 2, 1993 ·FLRA
Upheld
COMM

Association of Civilian Technicians, Pennsylvania State Council and U.S. Department of Defense, National Guard Bureau, Adjutant General of Pennsylvania

Pennsylvania National Guard (FLRA 0-NG-2087): military rank proposals rejected

The Pennsylvania National Guard's policy barred civilian technicians from holding a higher military rank than their supervisors. The technicians' union proposed more time to resolve such rank conflicts, protection for existing situations, and records explaining rank reductions. The Authority found…

April 2, 1993 ·FLRA
Upheld
COMM

AFGE Local 1920 and U.S. Department of Defense, Army and Air Force Exchange Service, Fort Hood Exchange, Texas

Fort Hood Exchange (FLRA 0-NG-2053): store layout proposals rejected

The Fort Hood Exchange planned to move administrative functions and employees into its main store. The union proposed five changes to office sizes and locations to accommodate the move. The Authority found all five proposals nonnegotiable. Four would interfere with management's choices about the…

April 2, 1993 ·FLRA
Upheld
COMM

Naval Aviation Depot, Naval Air Station Alameda, California and IAM Lodge 1584

Alameda Naval Aviation Depot (FLRA SF-AC-20030): union certification change denied

Two IAM local lodges merged, and the union sought to change the name of the certified representative at the Alameda Naval Aviation Depot from Lodge 739 to Lodge 1584. The acting regional director allowed a separate update to the depot's name but denied the union name change. The Authority denied…

March 31, 1993 ·FLRA
Upheld
ALJ

Peabody Coal Company

Citations affirmed and $28,500 settlement approved

Peabody Coal's Camp 11 Mine was cited after Raymond Brown suffered fatal chest injuries when a remotely operated scoop's service brake failed and pinned him against a roof bolter. The case involved a brake-system citation and imminent-danger order, two additional brake citations, and…

March 31, 1993 ·Jerold Feldman ·FMSHRC
Settled
COMM

Reid v. Kiah Creek Mining Company

Settlement approved and proceeding dismissed

Reid brought a Mine Act discrimination proceeding against Kiah Creek Mining Company. Administrative Law Judge Avram Weisburger had found that Reid had not established a violation under section 105(c), but the parties entered a settlement two days after the decision was issued. The Commission…

March 31, 1993 ·FMSHRC
Settled
COMM

Consolidated Rail Corporation

Railroad preemption issue remanded for evidence

Consolidated Rail Corporation moved to dismiss OSHA citations arising from railroad-bridge repair and maintenance work, arguing that Federal Railroad Administration regulation preempted OSHA under section 4(b)(1) of the OSH Act. The Commission held that the FRA's policy statement did not displace…

March 31, 1993 ·OSHRC
Remanded
COMM

L.E. Myers Company

Four willful power-line violations affirmed for $30,000

L.E. Myers Company was replacing utility poles and lines near Napoleon, Ohio, while 12,470-volt lines remained energized. An apprentice was fatally electrocuted when a boom or its conductive steel cable contacted or approached an energized line while he handled the cable from the ground. The…

March 31, 1993 ·OSHRC
Modified
COMM

U.S. Department of Health and Human Services, Administration for Children and Families and National Treasury Employees Union

Administration for Children and Families (FLRA 3-AC-10008): certification amendment denied

The Department of Health and Human Services combined employees and functions from two divisions to create the Administration for Children and Families. The National Treasury Employees Union had represented the employees in three separate units and sought to amend its certification to cover the new…

March 31, 1993 ·FLRA
Upheld
COMM

National Treasury Employees Union and U.S. Department of the Treasury, Bureau of Public Debt, Parkersburg, West Virginia

Bureau of Public Debt (FLRA 0-NG-2094): contracting out provision negotiable

The Bureau of Public Debt disapproved a contract term requiring compliance with OMB Circular A-76 and other applicable rules when contracting out work. The Authority found the provision negotiable. In this decision it treated the circular as an applicable law and found that requiring compliance did…

March 31, 1993 ·FLRA
Set aside
COMM

AFGE Local 1020 and U.S. Department of Veterans Affairs Medical Center, Marion, Indiana

Marion VA Medical Center (FLRA 0-NG-2080): formaldehyde monitoring proposals split

AFGE Local 1020 proposed rules for formaldehyde monitoring at the Marion VA Medical Center. The Authority found negotiable the union's proposals to share exposure results and monitoring records, allow employees and union representatives to observe testing with protective clothing, and use OSHA…

March 31, 1993 ·FLRA
Mixed result
COMM

AFGE Local 1603 and U.S. Department of the Navy, Naval Air Warfare Center, Patuxent River, Maryland

Naval Air Warfare Center (FLRA 0-NG-2076): supervisory-note ban rejected, address provision approved

The Navy disapproved two terms in its agreement with AFGE Local 1603. The Authority found nonnegotiable a term barring use of supervisors' notes more than three years old to support discipline. Although the limit would help employees respond to older evidence, the Authority found a complete ban…

March 31, 1993 ·FLRA
Mixed result
COMM

AFGE Local 1122 and U.S. Department of Health and Human Services, Social Security Administration, Western Program Service Center, Richmond, California

Social Security Western Program Service Center (FLRA 0-NG-2075): telephone proposals negotiable

The Social Security Administration installed partitioned workstations that made shared telephones harder for some employees to reach and use privately. The union proposed two centrally located phones for one group and individual phones for another group that handled rollover calls. The Authority…

March 31, 1993 ·FLRA
Set aside
COMM

AFGE Local 1815 and U.S. Department of the Army, Army Aviation Center, Fort Rucker, Alabama

Fort Rucker Army Aviation Center (FLRA 0-AR-2361): temporary job grievance award upheld

An employee selected for a temporary supply clerk position at Fort Rucker sought conversion to a permanent position. The agency declined while employees eligible for placement were on its Stopper List, and a displaced employee later filled the job. An arbitrator denied the grievance, finding that…

March 31, 1993 ·FLRA
Upheld
COMM

NFFE Local 273 and U.S. Department of the Army, Army Field Artillery Center, Fort Sill, Oklahoma

Fort Sill Field Artillery Center (FLRA 0-AR-2323): reduction in force award returned

During a reduction in force at Fort Sill, the Army moved a management analyst from a GS-9 job to a GS-7 accounting technician job. An arbitrator ordered the agency to place her in a GS-9 management analyst position, but the Authority found that he had not applied the required test for deciding…

March 31, 1993 ·FLRA
Remanded
ALJ

Nolichuckey Sand Company, Inc.

Imminent-danger finding vacated and citation affirmed

An MSHA inspector observed an employee crossing from a sand dredge to shore in a jon boat without a life jacket or belt. Judge Roy J. Maurer found that this violated the life-jacket standard, but held that the danger was no longer imminent when the employee stood on dry land and that the Secretary…

March 30, 1993 ·Roy J. Maurer ·FMSHRC
Mixed result
COMM

Gertrude French (Widow of Tyrus French) v. California Stevedore & Ballast and Marine Terminals Corporation

French v. California Stevedore & Ballast (BRB 90-1547): medical reimbursement claim reinstated

Gertrude French sought Longshore Act benefits after her husband Tyrus, who had worked for two waterfront employers, died of a heart attack. Kaiser intervened to seek reimbursement of medical expenses, but the administrative law judge dismissed its claim after the other parties settled and Kaiser's…

March 30, 1993 ·BRB
Remanded
ALJ

Consolidation Coal Company

Fuse-holder citation modified and settlements approved

Consolidation Coal settled citations in four dockets and 12 of the 13 citations in a fifth docket. The only fully litigated issue involved a damaged fuse holder on a mine jeep, which the Secretary said could expose riders to burns or create a collision hazard if power failed. Judge Jerold Feldman…

March 29, 1993 ·Jerold Feldman ·FMSHRC
Mixed result
ALJ

Maple Meadow Mining Company

Settlement reduced penalty and gravity finding

Maple Meadow Mining Company was cited for accumulations of loose coal and coal dust in several mine locations. The Secretary initially proposed a $4,200 penalty and alleged that a fatality was highly likely, while the company disputed the gravity assessment. Judge George A. Koutras approved a…

March 29, 1993 ·George A. Koutras ·FMSHRC
Modified
ALJ

Martin Sales & Processing

Summary default decision later vacated

Martin Sales & Processing failed to answer the Secretary's discovery requests and did not comply with orders directing it to respond. Judge George A. Koutras found the operator in default and entered summary default judgment for the Secretary on four consolidated dockets. The order directed…

March 29, 1993 ·George A. Koutras ·FMSHRC
Other
ALJ

Mountaintop Restoration, Inc.

$7,732 settlement approved

Mountaintop Restoration and the Secretary jointly moved to settle two civil-penalty proceedings, citing the company's financial condition. The proposed assessments totaled $10,954, and Judge Roy J. Maurer approved a settlement requiring $7,732 in 18 equal monthly installments. One citation was…

March 29, 1993 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

R.E. Reynolds, Inc.

Masonry-site violations affirmed with reduced cord penalty

R.E. Reynolds was the masonry subcontractor on a hotel and pool-building project at Disney World in Florida. The judge affirmed four serious items involving an extension cord exposed to vehicle damage, an unguarded pit, uncapped reinforcing steel, and the absence of a limited access zone around a…

March 29, 1993 ·Edwin G. Salyers ·OSHRC
Modified
ALJ

Consolidation Coal Company

Partial settlements approved at $599 and duplicate citations dismissed

Consolidation Coal Company resolved part of an eleven-violation docket involving its Dilworth Mine. Judge Paul Merlin approved settlements for five violations totaling $599. Four other citations were dismissed because they duplicated citations already included in docket PENN 91-1462. A prior…

March 26, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Consolidation Coal Company

Four violations settled for $937 with two citation modifications

Consolidation Coal Company agreed to settle four violations at its Dilworth Mine. The original penalties totaled $1,086, and the approved settlement required payment of $937. Judge Paul Merlin reduced the injury classification for the untagged power-circuit plug citation from fatal to permanently…

March 26, 1993 ·Paul Merlin ·FMSHRC
Settled
ALJ

Adena Fuels, Incorporated

Gary L. Day v. Adena Fuels, Incorporated (FMSHRC KENT 92-547-D): Discrimination complaint dismissed under settlement

Gary L. Day brought a discrimination complaint against Adena Fuels, Incorporated involving the Diamond No. 1 Mine. The parties reached a settlement and jointly moved to dismiss the complaint. Judge David Barbour found no reason to deny the motion and dismissed the matter. The settlement agreement…

March 26, 1993 ·David Barbour ·FMSHRC
Settled
COMM

U.S. Immigration and Naturalization Service, Border Patrol, Del Rio, Texas and AFGE National Border Patrol Council, Local 2366

Del Rio Border Patrol (FLRA 6-CA-10619): unit closure required bargaining

The Del Rio Border Patrol abolished a specialized unit without bargaining with the union over the effects on agents. An administrative law judge had found the effect too small to require bargaining, but the Authority disagreed. It found foreseeable changes in shifts, weekend work, uniforms, and…

March 26, 1993 ·FLRA
Set aside
COMM

International Organization of Masters, Mates and Pilots and U.S. Department of the Navy, Chief of Naval Operations

Navy civilian pilots (FLRA 0-NG-2063): overtime leave conversion rejected

A union representing civilian pilots who move Navy vessels proposed letting pilots convert overtime pay into paid leave days. The union described the leave as administrative leave and said the practice matched maritime industry compensation. The Authority found the proposal nonnegotiable because…

March 26, 1993 ·FLRA
Upheld
COMM

NAGE Local R14-52 and U.S. Department of the Army, Red River Army Depot, Texarkana, Texas

Red River Army Depot (FLRA 0-AR-2347): overtime selection award upheld

A Red River Army Depot employee grieved that he had not been offered two overtime assignments. An arbitrator found that a supervisor properly offered the work to a qualified WG-10 electrician after employees in his own unit were unavailable. The Authority denied the union's exceptions. The facts…

March 26, 1993 ·FLRA
Upheld
COMM

U.S. Department of the Treasury, Internal Revenue Service, Cincinnati District and National Treasury Employees Union, Cincinnati Joint Council

IRS Cincinnati District (FLRA 0-AR-2315): higher grade pay award upheld

IRS revenue officers grieved that they had performed higher grade work without temporary promotions and corresponding pay. An arbitrator sustained part of the grievance and directed the parties to calculate backpay for eligible officers. The IRS argued that the award conflicted with federal…

March 26, 1993 ·FLRA
Upheld
COMM

Nello Santacroce & Dominic Fanelli d/b/a Gilroy Associates

In re Nello Santacroce & Dominic Fanelli d/b/a Gilroy Associates (EAB TSCA Appeal No. 92-6): complaint dismissed

EPA Region IX alleged that Nello Santacroce and Dominic Fanelli, doing business as Gilroy Associates, violated Toxic Substances Control Act requirements for a PCB transformer at their storage facility and recreational vehicle park in Gilroy, California. The Environmental Appeals Board held that the…

March 25, 1993 ·EPA EAB
Affirmed
COMM

Peabody Coal Company

Deep-cut ventilation dispute remanded for suitability determination

Peabody Coal operated two underground Kentucky coal mines that used deep-cut continuous mining. MSHA cited the company for operating without approved ventilation plans after requiring provisions for ventilating deep cuts during roof bolting. The Commission held that the provision was mine specific…

March 25, 1993 ·FMSHRC
Remanded
COMM

U.S. Immigration and Naturalization Service, Border Patrol, El Paso, Texas and AFGE National Border Patrol Council

El Paso Border Patrol (FLRA 6-CA-00799): deposition representation complaint dismissed

Border Patrol lawyers took two depositions of an employee in preparation for Merit Systems Protection Board appeals. The union received notice and had a representative at the depositions, but that representative was not allowed to participate. An administrative law judge found an unfair labor…

March 25, 1993 ·FLRA
Set aside
ALJ

Buck Mountain Coal Company

Post-accident withdrawal order affirmed

Buck Mountain Coal Company's anthracite mine experienced a methane explosion that burned three miners and led MSHA to issue a section 103(k) withdrawal order covering the underground workings. The company challenged the order and objected to MSHA's conditions requiring continuous fan operation…

March 24, 1993 ·David F. Barbour ·FMSHRC
Citations affirmed
COMM

City and County of San Francisco (Oceanside Wastewater Treatment Facility and Southwest Ocean Outfall)

In re City and County of San Francisco (Oceanside Wastewater Treatment Facility and Southwest Ocean Outfall) (EAB NPDES Appeal No. 91-18): mass limits remanded

Coastal Advocates and the Sierra Club challenged EPA Region IX's NPDES permit for San Francisco's Oceanside wastewater treatment facility and Southwest Ocean Outfall. They argued that the Westside Transport was a publicly owned treatment works, that the permit lacked adequate technology-based…

March 24, 1993 ·EPA EAB
Mixed result
ALJ

Monterey Coal Company

Cable citation modified to non-S&S with $125 penalty

Monterey Coal Company contested a citation alleging that a trailing cable at its No. 1 Mine was not protected from mobile equipment. Judge Avram Weisberger found that the cable's placement exposed it to possible repeated vehicle contact and therefore violated 30 C.F.R. § 75.606. He concluded that…

March 24, 1993 ·Avram Weisberger ·FMSHRC
Modified
ALJ

Western Plains Construction

Unprotected trench violation affirmed

Western Plains Construction was installing storm sewer pipe in a trench in Tulsa, Oklahoma. OSHA found the south end of the trench about 9 feet 6 inches deep with vertical, unprotected walls. The company argued that the condition resulted from unpreventable misconduct by its superintendent, but the…

March 24, 1993 ·Stanley M. Schwartz ·OSHRC
Citations affirmed
COMM

Cyprus Tonopah Mining Corp.

Ground-control violations affirmed with one unwarrantable-failure finding reversed

Cyprus Tonopah Mining operated an open-pit molybdenum mine where MSHA cited loose ground, unstable walls, and inadequate benches in the Pushback One pit. The Commission affirmed both underlying violations, including the finding that the mine's bench-maintenance violation was caused by unwarrantable…

March 22, 1993 ·FMSHRC
Mixed result
COMM

UMWA o/b/o Nelson v. Secretary of Labor

UMWA on behalf of Dan Nelson and others (FMSHRC SE 88-92-D and SE 88-93-D): Discrimination complaints dismissed after settlement

The United Mine Workers of America filed two discrimination complaints alleging that MSHA officials failed to protect the confidentiality of miners who reported safety violations. The union sought an order stopping disclosure of miners' names to mine operators and requested civil penalties under…

March 22, 1993 ·FMSHRC
Settled
ALJ

Chico Crushed Stone Partnership

Highwall scaling citation and withdrawal order vacated

Chico Crushed Stone was cited after an inspector observed loose material on an 80-to-100-foot highwall at the company's limestone plant. The Secretary alleged that the highwall had not been scaled and issued a related withdrawal order for failure to abate. Judge Gary Melick found that muck at the…

March 22, 1993 ·Gary Melick ·FMSHRC
Citations vacated

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.