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

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…

February 4, 1993 ·FMSHRC
Citations affirmed
COMM

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…

February 4, 1993 ·FMSHRC
Citations affirmed
COMM

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…

February 4, 1993 ·OSHRC
Remanded
COMM

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…

February 4, 1993 ·FLRA
Upheld
COMM

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…

February 4, 1993 ·FLRA
Upheld
COMM

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…

February 4, 1993 ·FLRA
Upheld
ALJ

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…

February 3, 1993 ·Paul Merlin ·FMSHRC
Procedural
COMM

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…

February 3, 1993 ·OSHRC
Modified
COMM

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…

February 3, 1993 ·OSHRC
Citations affirmed
COMM

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…

February 3, 1993 ·OSHRC
Remanded
COMM

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…

February 2, 1993 ·EPA EAB
Affirmed
COMM

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…

February 1, 1993 ·FMSHRC
Remanded
COMM

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…

February 1, 1993 ·OSHRC
Citations affirmed
COMM

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…

February 1, 1993 ·FLRA
Remanded
COMM

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…

February 1, 1993 ·FLRA
Upheld
COMM

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…

January 29, 1993 ·FLRA
Upheld
COMM

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…

January 29, 1993 ·FLRA
Upheld
COMM

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…

January 29, 1993 ·FLRA
Upheld
ALJ

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…

January 28, 1993 ·John J. Morris ·FMSHRC
Procedural
ALJ

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…

January 28, 1993 ·August F. Cetti ·FMSHRC
Modified
ALJ

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…

January 28, 1993 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

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…

January 28, 1993 ·EPA EAB
Affirmed
COMM

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…

January 28, 1993 ·BRB
Modified
COMM

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…

January 28, 1993 ·FLRA
Procedural
COMM

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…

January 28, 1993 ·FLRA
Procedural
ALJ

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…

January 27, 1993 ·John J. Morris ·FMSHRC
Mixed result
ALJ

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…

January 27, 1993 ·Gary Melick ·FMSHRC
Settled
COMM

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…

January 27, 1993 ·OSHRC
Citations affirmed
COMM

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…

January 26, 1993 ·FLRA
Upheld
COMM

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…

January 26, 1993 ·FLRA
Upheld
COMM

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…

January 26, 1993 ·FLRA
Modified
COMM

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…

January 25, 1993 ·FMSHRC
Citations affirmed
ALJ

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…

January 25, 1993 ·Gary Melick ·FMSHRC
Procedural
ALJ

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…

January 25, 1993 ·Avram Weisberger ·FMSHRC
Settled
COMM

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…

January 25, 1993 ·FMSHRC
Citations affirmed
ALJ

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…

January 21, 1993 ·Jerold Feldman ·FMSHRC
Mixed result
ALJ

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…

January 21, 1993 ·John J. Morris ·FMSHRC
Mixed result
ALJ

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…

January 21, 1993 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

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…

January 21, 1993 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
ALJ

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…

January 21, 1993 ·Michael A. Lasher, Jr. ·FMSHRC
Modified
COMM

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…

January 21, 1993 ·OSHRC
Modified
ALJ

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…

January 19, 1993 ·Avram Weisberger ·FMSHRC
Citations affirmed
COMM

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…

January 19, 1993 ·OSHRC
Modified
COMM

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…

January 15, 1993 ·EPA EAB
Mixed result
ALJ

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…

January 15, 1993 ·Michael A. Lasher, Jr. ·FMSHRC
Procedural
COMM

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…

January 15, 1993 ·FLRA
Set aside
COMM

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…

January 15, 1993 ·FLRA
Procedural
COMM

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…

January 15, 1993 ·FLRA
Upheld
COMM

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…

January 15, 1993 ·FLRA
Upheld
COMM

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…

January 15, 1993 ·FLRA
Procedural
COMM

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…

January 14, 1993 ·FMSHRC
Remanded
COMM

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…

January 14, 1993 ·FLRA
Upheld
COMM

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…

January 14, 1993 ·OSHRC
Settled
COMM

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…

January 14, 1993 ·FLRA
Mixed result
ALJ

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…

January 13, 1993 ·Avram Weisberger ·FMSHRC
Modified
COMM

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…

January 12, 1993 ·FLRA
Upheld
COMM

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…

January 12, 1993 ·FLRA
Upheld
ALJ

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…

January 11, 1993 ·Avram Weisberger ·FMSHRC
Citations affirmed
ALJ

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…

January 11, 1993 ·Michael H. Schoenfeld ·OSHRC
Mixed result
ALJ

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…

January 8, 1993 ·George A. Koutras ·FMSHRC
Citations affirmed

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.