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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Secretary of Labor o/b/o Bowling v. Perry Transport, Inc.
Temporary reinstatement order affirmed
Donald Bowling, a truck driver for Stevie Caldwell Trucking, alleged that he was discharged after reporting safety violations to MSHA. The Secretary investigated and found that his discrimination complaint was not frivolous, so the ALJ ordered temporary reinstatement. The Commission affirmed that…
Secretary of Labor on behalf of Donald Bowling v. Perry Transport, Inc.
Temporary reinstatement affirmed
Donald Bowling worked as a truck driver for Stevie Caldwell Trucking and reported alleged safety violations to MSHA before his employment ended. The Secretary determined that his discrimination complaint was not frivolous and sought temporary reinstatement. The Commission held that the temporary…
Daak Corporation
Default order remanded for good-cause determination
Daak Corporation did not appear for its scheduled hearing, and the ALJ granted the Secretary a default judgment. After hearing the Secretary's evidence, the judge affirmed two citations comprising 14 items and assessed $7,200 in total penalties. Daak's vice president then petitioned for review and…
U.S. Department of the Air Force, Nellis Air Force Base and American Federation of Government Employees, Local 1199
Nellis Air Force Base (FLRA 0-AR-2336): probationary employee's performance rating left in place
A probationary employee at Nellis Air Force Base grieved an unacceptable performance rating. An arbitrator found that the Air Force had followed the labor agreement and applicable rules, and that he could not replace management's rating with his own. The union argued that the arbitrator had wrongly…
National Union of Labor Investigators and U.S. Department of Labor, Office of Labor Management Standards
Labor Investigators union (FLRA 0-AR-2332): attorney fee denial upheld
A Labor Department investigator grieved a missed promotion, alleging discrimination based on race and union activity. An arbitrator found discrimination in the recommendation for one vacancy, but also found that the agency canceled the vacancy for legitimate reasons. Because the investigator would…
American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Oklahoma City Air Logistics Command, Tinker Air Force Base
Tinker Air Force Base (FLRA 0-AR-2331): limited temporary promotion remedy upheld
An aircraft freight loader at Tinker Air Force Base grieved that he had performed higher grade duties without a promotion. An arbitrator found that the Air Force should have temporarily promoted him, but limited the promotion and backpay because he waited to file the grievance. The arbitrator also…
Power Operating Company, Incorporated
Motions to dismiss denied
Power Operating Company moved to dismiss two civil penalty cases, arguing that the Secretary filed the penalty petitions late and served them improperly. The Judge found adequate cause for the 24-day filing delay because of the sharp increase in contested cases and found no prejudice to the…
Johnson Controls, Inc.
Elevated blood-lead recordkeeping violation reduced to other-than-serious
OSHA cited Johnson Controls after finding 27 employee blood-lead test results above 50 micrograms per 100 grams of whole blood that were not entered on the OSHA 200 logs at its Geneva, Illinois battery plant. The Commission held that the uncorrected omissions were timely cited because OSHA issued…
Johnson Controls, Inc.
Elevated blood-lead level held recordable
OSHA cited Johnson Controls for removing an employee's elevated blood-lead result from the OSHA 200 log at its Milwaukee battery plant. The Commission held that the citation was timely because the inaccurate record remained uncorrected during the five-year retention period and OSHA cited within six…
General Dynamics Corp., Electric Boat Div., Quonset Point Facility
Recordkeeping citations revived and remanded
OSHA cited General Dynamics' Quonset Point shipbuilding facility for alleged inaccuracies and omissions in required injury and illness records. An administrative law judge vacated the citations as untimely under the OSH Act's six-month limitations period. The Commission reversed, holding that the…
House Analysis & Associates & Fred Powell
In re House Analysis & Associates & Fred Powell (EAB CAA Appeal No. 93-1): $51,000 penalty affirmed
House Analysis & Associates and Fred Powell appealed a default order under the Clean Air Act after failing to provide information about asbestos-containing materials stored at a facility in Southampton, Pennsylvania. EPA had requested information under Section 114 and later issued a compliance…
CG&G Trucking, Inc.
Default order vacated and matter remanded
CG&G Trucking failed to answer the Secretary's penalty proposal and a later show-cause order, so the ALJ entered a default order and assessed a $400 penalty. The company later asked the Commission to vacate the default, explaining that it had filed a Blue Card hearing request but then heard nothing…
McGraw Construction Co.
Showers required for coke-oven contamination
McGraw Construction employees performed welding work in the regulated area of an operating coke oven battery at an Armco steel facility. Their clothing and bodies were exposed to ash, soot, grease, tar, coal dust, and other potentially carcinogenic contaminants, but McGraw provided only a water…
U.S. Department of the Army, Fort Campbell and American Federation of Government Employees, Local 2022
Fort Campbell (FLRA 0-AR-2326): vehicle use suspension returned to arbitrator
A Fort Campbell employee briefly stopped at the union office in a government vehicle to deliver donations for a coworker whose home had burned. The Army imposed a suspension lasting five days under its rules for vehicle use and leave, while expressly finding no sustainable violation of the federal…
U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base and American Federation of Government Employees, Local 1592
Hill Air Force Base (FLRA 0-AR-2318): performance award for corrected rating upheld
An employee at Hill Air Force Base challenged a performance rating of fully successful. The Air Force agreed to raise the rating to excellent but did not give him the monetary award and certificate received by other employees with that rating. An arbitrator ordered the same recognition for him…
Department of Veterans Affairs, San Diego Regional Office and American Federation of Government Employees, Local 490
San Diego VA regional office (FLRA 98-CA-10441): employee contact information ordered disclosed to union
AFGE Local 490 requested the names and home addresses of employees it represented at the VA's San Diego regional office. The VA refused, arguing that the union had other ways to contact employees and that disclosure required their consent under the Privacy Act. The Authority applied its precedent…
American Federation of Government Employees, Local 1760 and U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals, Region II
Social Security hearings office (FLRA 0-NG-2043): scheduled break provision found nonnegotiable
A Social Security hearings office began scheduling employees' morning breaks. The union proposed that management make every attempt to find a replacement when a hearing prevents an employee from taking a scheduled break. The Authority found that this requirement would limit management's ability to…
U.S. Department of the Army, Red River Army Depot and National Association of Government Employees, Local R14-52
Red River Army Depot (FLRA 0-AR-2338): denial of advance sick leave upheld
After an extended illness, a Red River Army Depot employee requested 240 hours of advance sick leave to cover part of her absence. The labor agreement required written medical evidence that she was expected to return to duty permanently. An arbitrator found that a certificate saying she "may return…
Newmont Gold Company
Discrimination case dismissed without prejudice
The Judge had previously ordered temporary reinstatement under Commission Rule 44. The complainant then filed a separate discrimination complaint that was docketed as WEST 92-654-DM and assigned to another ALJ. The Judge dismissed the earlier temporary-reinstatement case without prejudice, allowing…
C.W. Mining Company
Two citations modified, four vacated
C.W. Mining operated the Bear Canyon No. 1 underground coal mine and contested citations involving fire sensors, roof support, and other safety standards. The Judge affirmed four citations as issued, modified two roof citations to remove the significant-and-substantial designation, and vacated four…
Consolidation Coal Company
Control order affirmed after mine fire
Consolidation Coal contested a section 103(k) control order issued after a structural failure at the Robena Preparation Plant, where a coal surge bin collapsed and fires occurred. The company argued that no qualifying accident occurred and that the inspector was not present at the precise accident…
Caribbean Petroleum Corporation
In re Caribbean Petroleum Corporation (EAB NPDES Appeal No. 91-25): review denied
Caribbean Petroleum Corporation challenged an NPDES permit for its petroleum refinery in Bayamón, Puerto Rico. The challenge concerned effluent limits from a Puerto Rico Environmental Quality Board water-quality certificate that had been incorporated into the federal permit while the state board…
Estell R. Parks v. Metropolitan Stevedore Company
Parks v. Metropolitan Stevedore (BRB 91-547): benefit termination cannot reach paid months
Estell Parks had received permanent partial disability benefits after a work injury, with later payments made by the Special Fund. The employer showed that his earnings had risen enough to eliminate his loss of wage-earning capacity, and an administrative law judge ended benefits back to the date…
American Federation of Government Employees, Local 446 and U.S. Department of Veterans Affairs, Medical Center, Asheville
Asheville VA medical center (FLRA 0-NG-2096): negotiability petition dismissed without prejudice
AFGE Local 446 asked the Authority to review a bargaining proposal involving the Asheville VA medical center. The VA did not claim the proposal conflicted with a law, rule, or regulation. It argued only that the proposal violated the parties' master labor agreement. The Authority held that such an…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 0-AR-2335): second reconsideration request denied
AFGE Local 476 sought a second reconsideration of an order dismissing its arbitration exceptions as late. The union argued that a Supreme Court ruling meant the filing period began when it received the arbitration award, rather than when the award was mailed or delivered. The Authority found that…
Mid-Continent Resources Inc.
Orders affirmed, one case dismissed, S&S finding stricken
Mid-Continent Resources and three supervisors faced civil penalty proceedings involving coal accumulations at the Dutch Creek Mine. The Judge affirmed orders against the company, struck the significant-and-substantial designation from one order, affirmed $200 penalties against Thomas Scott and…
Raven Mining Company
Settlement approved at $500
Raven Mining agreed to resolve a civil penalty proceeding after a hearing. The Secretary proposed reducing the penalty from $1,000 to $500. The Judge reviewed the parties' representations, supporting documents, and the trial proceedings, found the settlement appropriate under the Mine Act's penalty…
Cargill, Inc.
Unsecured marine-terminal ladder citation affirmed
OSHA cited Cargill after finding an extension ladder leaning against a truck-receiving scale at its Portland marine terminal. The ladder had slip-resistant feet, but its top could move seven inches to one side and neither end was secured. The Commission held that 29 C.F.R. § 1917.119(f)(9) clearly…
Department of Veterans Affairs Medical Center, Coatesville and National Association of Government Employees, Local R3-35
Coatesville VA medical center (FLRA BP-CA-20525): employee contact information ordered disclosed to union
NAGE Local R3-35 requested the names and home addresses of bargaining unit employees at the Coatesville VA medical center. The center refused, and an administrative law judge found that refusal to be an unfair labor practice. The VA challenged the judge's decision. The Authority affirmed the…
Department of Veterans Affairs, Veterans Affairs Medical Center, Memphis and National Association of Government Employees
Memphis VA medical center (FLRA AT-CA-20381): refusal to provide employee contact information upheld as unfair labor practice
The National Association of Government Employees requested the names and home addresses of employees it represented at the Memphis VA medical center. The VA refused, and an administrative law judge found that refusal to be an unfair labor practice. The VA argued that disclosure was barred by the…
Department of Veterans Affairs, Medical and Regional Office Center, Fargo and National Federation of Federal Employees, Local 225
Fargo VA center (FLRA 7-CA-10570): employee contact disclosure ordered on narrower Privacy Act reasoning
The Fargo VA center refused a union request for bargaining unit employees' names and home addresses. An administrative law judge found the refusal to be an unfair labor practice. The Authority upheld that finding and ordered the VA to furnish the information and post a notice. It declined to adopt…
Cyprus Empire Corporation
Striking employees were not miners for walkaround rights
Cyprus Empire's miners went on strike while the company continued operating its mine with management employees. During an MSHA inspection, the company refused to allow a previously designated representative of the striking employees to accompany the inspector. The Commission held that the Mine Act…
Harman Mining Corp.
Motion to amend denied after mine abandonment
MSHA originally charged Harman Mining with violating 30 C.F.R. § 75.520 after finding bare pump-cable wires inserted into a receptacle. The Secretary later sought to amend the citation and order to charge 30 C.F.R. § 75.514 instead. Judge Gary Melick found that the mine had been permanently…
Asarco, Incorporated
Settlement approved for $9,180
Asarco and the Secretary resolved two contest proceedings and one civil penalty proceeding involving the Immel Mine. The proposed settlement reduced the penalty from $16,000 to $9,180. Judge Avram Weisberger found the settlement appropriate under the Mine Act’s penalty criteria, cancelled the…
Secretary of Labor v. Aloe Coal Company
Citations and penalties affirmed after improper inspection request
Aloe Coal's striking employees designated the United Mine Workers of America as their miners' representative, and a union representative requested an MSHA inspection under section 103(g)(1). The Commission held that striking employees were not miners for purposes of requesting an immediate…
Consolidation Coal Company
Escapeway citations resolved with $140 penalty
MSHA cited Consolidation Coal Company after finding widespread cracking in sealant on Kennedy stoppings separating escapeways at the Ireland Mine. Judge Jerold Feldman found violations of the escapeway separation standards, affirmed two citations, approved a settlement on a third citation, and…
Magma Copper Company - Pinto Valley Division
Settlement approved with one citation vacated
Magma Copper and the Secretary settled two consolidated civil penalty proceedings before hearing. The settlement vacated Citation No. 3925620 and reduced the proposed penalty for Citation No. 3925619 from $2,000 to $600. Judge John J. Morris found the settlement reasonable and in the public…
Ford Construction Company
Seat-belt findings affirmed after remand
After a Commission remand, Judge John J. Morris reconsidered two seat-belt citations involving a scraper and a bulldozer. He found that the scraper was operated without a seat belt on a steep, rough road and that a fall from the open cab could cause a serious injury. He affirmed the S&S finding for…
Young Brothers Incorporated
Settlement affirmed and $250 penalty assessed
The Secretary sought a civil penalty for a violation described in a section 107(a) withdrawal order issued at Young Brothers’ Atkins Pit. At the hearing, Young Brothers and the Secretary reached an agreement under which the company would pay $250. Judge Michael A. Lasher, Jr. affirmed the…
Price Construction Inc.
S&S designation deleted and $25 penalty assessed
Price Construction and the Secretary reached a settlement over Citation No. 3448774. The agreement removed the “Significant and Substantial” designation while leaving the citation otherwise affirmed. Judge Michael A. Lasher, Jr. approved the settlement and assessed the agreed $25 penalty. The order…
Edward Joy Co.
Reversed-polarity violation reclassified as repeat
OSHA found a 50-foot extension cord connected to a drill at Edward Joy Company's apartment rehabilitation project in Syracuse, New York. The cord's hot and neutral wires were reversed, leaving current in the drill even when its switch was off. The administrative law judge affirmed the violation of…
Martinka Coal Company
104(b) orders upheld and contests dismissed
MSHA cited Martinka Coal after finding coal and float coal dust under a belt line and missing or frozen rollers that left the belt rubbing against its structure. The operator did not contest the underlying citations but challenged the section 104(b) withdrawal orders, arguing that the abatement…
DEC-TAM Corporation
Asbestos violations and penalties modified
OSHA inspected DEC-TAM Corporation's asbestos-removal work aboard a ferry in Newport, Rhode Island. The Commission reviewed findings involving delayed production of exposure records, exposure monitoring, asbestos overexposure, respirators, housekeeping, and work-practice controls. It held that…
Boise Cascade Corporation
In re Boise Cascade Corporation (EAB NPDES Appeal No. 91-20): review denied in part and remanded in part
Boise Cascade Corporation sought review of EPA Region VI's renewal of an NPDES permit for its pulp and paper mill in DeRidder, Louisiana. The challenge covered pH limits at two outfalls, dissolved oxygen requirements, and quarterly chronic biomonitoring. The Environmental Appeals Board remanded…
Little Rock Quarry Company, Incorporated
Proceedings dismissed for failure to prosecute
MSHA brought three civil penalty proceedings against Little Rock Quarry Company, Incorporated. Judge Michael A. Lasher had ordered MSHA to show good cause for failing to comply with a prehearing order and to provide information about whether the cases might settle. MSHA did not provide the required…
U.S. Immigration and Naturalization Service, New York District Office and American Federation of Government Employees, Local 1917
New York INS office (FLRA 12-CA-10366): investigation interview complaint dismissed
Five INS employees asked to have two union officers present at investigative interviews, but those officers attended scheduled labor relations consultations instead. The employees declined an available union steward and refused to answer questions, and INS later proposed suspensions. An…
International Association of Machinists and Aerospace Workers, Local 2333 and U.S. Department of the Air Force, Headquarters 2750th Air Base Wing, Wright-Patterson Air Force Base
Wright-Patterson Air Force Base (FLRA 0-NG-2101): negotiability appeal filed too late
The Air Force disapproved three provisions of a negotiated agreement at Wright-Patterson Air Force Base and mailed the disapproval to IAM Local 2333 on October 20, 1992. The union filed its negotiability petition on November 19. The Authority found that the petition had to be filed by November 9…
American Federation of Government Employees, Local 1840 and U.S. Department of the Air Force, Randolph Air Force Base
Randolph Air Force Base (FLRA 0-AR-2343): grievance over alleged abusive language denied
An AFGE official alleged that a supervisor at Randolph Air Force Base used abusive language while refusing to accept documents. An arbitrator found that the union had not proved the alleged conduct violated the labor agreement or federal labor law and denied the grievance. The union challenged the…
U.S. Department of the Army, Medical Department Activity, Fort Lee and American Federation of Government Employees, Local 1178
Fort Lee medical clinic (FLRA 0-AR-2320): nurse's suspension upheld
A mother complained about a pediatric nurse's comments and conduct during her child's clinic visit at Fort Lee. The Army suspended the nurse for five days for discourteous behavior, and an arbitrator upheld the discipline after considering witness testimony and an earlier reprimand. The union…
U.S. Department of the Interior, Bureau of Reclamation, Upper Colorado and Great Plains Regions and International Brotherhood of Electrical Workers, Locals 2159 and 1759
Bureau of Reclamation (FLRA 0-AR-2177): reconsideration and stay denied in foremen dispute
An arbitrator found that the Bureau of Reclamation violated labor agreements when it removed supervisory foremen from two bargaining units. The Authority had already denied the agency's exceptions to that award. The bureau sought reconsideration and a stay, arguing again that the award conflicted…
Ramblin Coal Company, Inc.
Dismissal vacated and penalty proceedings remanded
An ALJ had dismissed citations involving MSHA's excessive-history penalty program after staying the proceedings while related Commission cases were decided. The Secretary filed a motion for reconsideration with the ALJ but did not file a timely petition for discretionary review, so the dismissal…
Air Force Logistics Command, Wright-Patterson Air Force Base and Ogden Air Logistics Center, Hill Air Force Base and American Federation of Government Employees, Local 1592
Hill Air Force Base (FLRA DE-CA-20634): refusal to bargain over work attire found unlawful
AFGE Local 1592 asked the Ogden Air Logistics Center to bargain over a rule barring certain vehicle operations employees from wearing shorts at work. Ogden refused after Air Force Logistics Command instructed its facilities not to bargain at the union's request during an agreement's term. The…
Clean Harbors of Kingston, Inc.
Confined-space communication case settled
OSHA cited Clean Harbors under the general duty clause after employees entered a pump room to remove a diesel-fuel, Biosolve, and water mixture. The alleged hazard was delayed rescue because half-face respirators impaired voice communication between an entrant and standby personnel. An…
National Federation of Federal Employees, Local 1974 and U.S. Department of Veterans Affairs, Regional Office, Portland, Oregon
VA Portland Regional Office and NFFE Local 1974 (FLRA 0-NG-2056): Some performance standards proposals require bargaining
NFFE Local 1974 proposed seven terms about how the VA's Portland Regional Office would apply new employee performance standards. The Authority found that management must bargain over allowances for factors beyond employees' control, statistically sound ways to measure error rates, and the timing of…
Arch of Kentucky Incorporated
Airflow citation modified and penalty set at $700
MSHA cited Arch of Kentucky after an inspector found air moving inby through a belt entry toward active workings at the Karst Mine. The judge found that the airflow violated 30 C.F.R. § 75.326, which restricts use of belt-entry air to ventilate working places. He did not find an unwarrantable…
American Federation of Government Employees, Local 2879 and U.S. Department of Health and Human Services, Social Security Administration, Branch Office, Hemet, California
SSA Hemet office and AFGE Local 2879 (FLRA 0-NG-2073): Late shift staffing proposal dismissed
The Social Security Administration wanted three claims representatives on the late shift at its Hemet office. AFGE Local 2879 proposed a 180 day experiment assigning one specialist from each of two benefit programs to that shift, with monthly rotations. The Authority read the proposal as limiting…
U.S. Department of Veterans Affairs, Medical Center, Huntington, West Virginia and American Federation of Government Employees, Local 2344
Huntington VA Medical Center and AFGE Local 2344 (FLRA 0-AR-2301): Asbestos pay award upheld
A union sought environmental differential pay for wage grade employees exposed to airborne asbestos at the Huntington VA Medical Center. An arbitrator awarded pay to maintenance employees, with interest, starting 30 days before the grievance was filed. The VA argued that the award lacked a…
Consolidation Coal Company
Berm and examination violations upheld with $2,200 penalty
MSHA cited Consolidation Coal at the Robena preparation plant after finding inadequate or missing berms on an elevated haulage road and no recorded examination of the road for hazardous conditions. The judge affirmed the section 107 withdrawal order because the muddy, slippery road, its grade, the…
John J. Kirlin, Inc.
Serious scissor-lift guarding citation vacated, one electrical-cord item affirmed at no penalty
John J. Kirlin, Inc. is a plumbing contractor. While it was working on the renovation and construction of the Postal Square retail and office complex in Washington, D.C., OSHA inspected the worksite and issued one serious citation and one other-than-serious citation. The serious citation, with a…
Jewell Smokeless Coal Corporation
Railroad-car control violation affirmed with $58 penalty
MSHA cited Jewell Smokeless Coal after a trip of two loaded and one empty railcars became detached from its restraining hook at the Coronet Jewell Preparation Plant. The cars moved out of control, collided with other cars, and injured employee Benny Shook, who suffered broken ribs. Judge George A…
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.