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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U.S. Department of the Army, III Corps and Fort Hood, Fort Hood, Texas and American Federation of Government Employees, Local 1920
Fort Hood attire counseling (FLRA 0-AR-2291): Union exceptions denied
A Fort Hood employee was counseled about her attire after coworkers complained that it disrupted the workplace. An arbitrator found just cause for the counseling and denied the union's grievance, although the Army had no dress code at the time. The union argued that the hearing was unfair, the…
U.S. Department of the Army, Army Communications-Electronics Command, Center for Command, Control and Communications Systems, Fort Monmouth, New Jersey and National Federation of Federal Employees, Local 476
Fort Monmouth engineering selections (FLRA 0-AR-2303): Union exception denied
An employee at Fort Monmouth challenged a selection process for engineering jobs after another applicant was chosen. The disputed interview questions were removed from the evaluation, and the employee later received a promotion in a separate selection. An arbitrator found that the original…
Chestnut Ridge Sand
Safety director permitted to represent operator
Chestnut Ridge Sand, a division of Haines & Kibblehouse, asked to have safety director James F. Sassaman represent it in the proceeding. The Secretary opposed the request, arguing that the case involved an imminent-danger order and that Sassaman lacked sufficient mine-safety experience. Judge…
Peabody Coal Company
Settlements approved, one citation vacated, and one roof-control citation affirmed
Peabody Coal Company operated the Camp No. 11 and Martwick underground coal mines. The judge approved settlements covering four violations, including ventilation, power connections, canopies and cabs, and fire-suppression equipment, for penalties totaling $565. For a roof-control citation at Camp…
Nally & Hamilton Enterprises, Incorporated
Safety retaliation complaint sustained after dust-related refusal
Clayton Nantz, a bulldozer operator, complained that a broken rear window exposed him to dust and made it difficult to see while working. After the window was not repaired, he refused to continue operating the dozer in those conditions and was told to operate it or go home. Judge George A. Koutras…
Matter of Montenegro
Section 212(c) waiver unavailable for firearm deportability
The Board reviewed a Guatemalan lawful permanent resident's appeal after an Immigration Judge found him deportable for a California assault-with-a-firearm conviction and denied his request for a section 212(c) waiver. The Board held that section 212(c) relief was unavailable because the…
Otis Elevator Company
Remaining electrical citation withdrawn and case dismissed
Otis Elevator was installing an elevator at a construction site where an employee used a portable drill connected through an extension cord and a metal knockout junction box. The judge vacated the item alleging that the junction box was exposed to physical damage, finding the cited standard did not…
United Technologies, Pratt & Whitney
Commission approves plating-shop settlement
Pratt & Whitney operated a plating shop at its West Palm Beach facility, where two maintenance employees were splashed with a cyanide solution during equipment-relocation work. OSHA cited alleged training, protective-equipment, warning-sign, labeling, and hazard-communication violations. The judge…
Trinity Industries, Inc.
Housekeeping item affirmed and eyewash item vacated
Trinity Industries manufactured railcars at its Bessemer, Alabama, plant. Commission review focused on materials and tools left on elevated work walkways and the availability of water for employees exposed to corrosive paint materials. The Commission affirmed the housekeeping item because Trinity…
Well Tech Incorporated
Independent contractor treated as operator, three citations affirmed
Well Tech Incorporated serviced methane-removal wells at an underground coal mine in Virginia. Judge William Fauver held that Well Tech was an operator under the Mine Act because its work was essential to extracting coal, even though it was an independent contractor. The judge affirmed three…
Cypress Aviation, Inc.
In re Cypress Aviation, Inc. (EAB RCRA (3008) Appeal No. 91-6): reconsideration denied
Lakeland owned and Cypress Aviation operated an aircraft painting and paint-stripping facility that generated F002 waste. An initial decision held them liable for failing to analyze and properly dispose of that waste and assessed civil penalties of $12,500 against Lakeland and $25,000 against…
Pyro Mining Company
Agent penalty proceedings dismissed
The Secretary of Labor brought civil penalty proceedings against Paul Shirel and Donald D. Guess, alleging that they were agents of Pyro Mining Company and could be personally liable for mine-safety violations under Section 110(c) of the Mine Act. Judge Gary Melick found that Pyro Mining Company…
Pittsburg and Midway Coal Mining Company
Most citations affirmed, one vacated, and S&S findings reduced
Pittsburg and Midway Coal Mining Company operated the Cimarron Mine and the York Canyon surface and underground mines. Judge John J. Morris affirmed most of the citations involving ventilation plans, guarding, mobile-equipment alarms, explosives work, and related conditions. He vacated one…
General Services Administration, Region 6, Kansas City, Missouri and American Federation of Government Employees, Council No. 236
GSA criminal investigator selection (FLRA 0-AR-2300): Limited remedy upheld
GSA's Kansas City region selected a criminal investigator without interviewing two applicants. An arbitrator found that this violated the merit promotion plan and labor agreement, but concluded that the agreement limited the remedy to advance consideration for a future vacancy. The union sought to…
Livingston Marble & Granite
Late penalty filings accepted and cases assigned
Livingston Marble & Granite moved to dismiss four civil penalty proceedings, arguing that the Secretary filed the penalty proposals too late. Chief Administrative Law Judge Paul Merlin denied the motion. He found adequate cause for delays of 46 to 60 days in three dockets and no showing of…
Fisher Sand & Gravel Company
Late penalty filing accepted
The Secretary filed a civil penalty petition about two weeks late after the case was sent to the Solicitor's office on August 11, 1992. Fisher Sand & Gravel Company moved to dismiss, pointing to the delay in proposing penalties after citations issued in August 1991 and claiming that witnesses and…
Wharf Resources USA Incorporated
Late penalty filing accepted
The Secretary filed a civil penalty petition 15 days late after a delay in sending the case to the Solicitor's office. Wharf Resources USA Incorporated moved to dismiss, also arguing that the penalty assessment had not been proposed within a reasonable time after the citation. Chief Administrative…
U.S. Department of the Army, U.S. Army Aviation Center and Fort Rucker, and American Federation of Government Employees, Local 1815
Fort Rucker reduction in force (FLRA 4-CA-10691): Discriminatory reassignment requirement barred
An administrative law judge found that the Army Aviation Center and Fort Rucker discriminated against a union official in the procedures for reassignment during a reduction in force. The judge found violations of the federal labor statute's protections against interference and discrimination based…
Bureau of the Census and Edward Hanlon
Census employee's discipline case (FLRA 3-CA-80102): Complaint dismissed after court remand
A Census Bureau employee filed an unfair labor practice complaint over references to his grievances and labor charges in a record of infraction and a proposed removal letter. The Authority had previously found that those references violated the federal labor statute. The Fourth Circuit reversed…
U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals, Houston, Texas and American Federation of Government Employees, Council 215
Houston SSA one-day suspension (FLRA 0-AR-2304): Union's arbitration exceptions denied
The Social Security Administration suspended an employee in its Houston hearings office for one day after finding that she intentionally misstated her arrival time. An arbitrator upheld the suspension, and the union challenged the award on several grounds, including the use of documents, the timing…
National Association of Government Employees, Local R1-100 and U.S. Department of the Navy, Navy Branch Exchange Store, U.S. Naval Submarine Base, New London, Groton, Connecticut
Naval Submarine Base exchange (FLRA 0-NG-2067): Civilian shopping proposal nonnegotiable
The union representing employees of the Navy Branch Exchange at the New London submarine base proposed opening exchange shopping to all civilian base employees during designated hours. Its own bargaining unit already had shopping privileges. The Authority found that the proposal would regulate a…
Matter of H-
Visa Waiver asylum proceedings required a Form I-122
The Board reviewed the Service's appeal from an Immigration Judge's termination of proceedings against an 18-year-old Chinese applicant who sought asylum after arriving under the Visa Waiver Pilot Program with another person's Japanese passport. The Board held that proceedings for a Visa Waiver…
U.S. Department of the Navy, Naval Audit Service, Southeast Region and National Federation of Federal Employees
Navy audit service unit petition (FLRA 3-RO-10012): Auditors excluded from bargaining unit
The National Federation of Federal Employees sought to represent about 72 auditors in the Naval Audit Service's Southeast Region. A regional director dismissed the petition because the auditors' work fell within a statutory exclusion for employees whose audits relate to agency internal security…
U.S. Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12
Labor Department arbitration filing (FLRA 0-AR-2365): Union's exceptions dismissed as late
AFGE Local 12 challenged an arbitration award involving the Department of Labor. The Authority found that the award had been mailed to the union on September 22, 1992, starting the filing period for exceptions. With the extra five days allowed for mail service, the deadline was October 26. The…
Peabody Coal Company
Settlement approved for $1,700
Peabody Coal Company agreed to settle a civil penalty proceeding involving its Camp No. 1 Mine. Judge Avram Weisberger approved the settlement under the Mine Act's penalty criteria. Peabody agreed to pay the proposed $1,700 penalty in full, and the case was dismissed after payment.
Defense Mapping Agency, Aerospace Center, St. Louis, Missouri and National Federation of Federal Employees, Local 1827
Defense Mapping Agency reorganization (FLRA 7-CU-10001): Transferred employees leave existing unit
A Defense Mapping Agency reorganization moved more than 300 employees from its St. Louis Aerospace Center into four other agency components, though many remained at the same location. Their union asked to keep them in the Aerospace Center bargaining unit. A regional director found that the new…
Energy Fuels Coal Incorporated
One citation vacated, four affirmed as modified for $220
Energy Fuels Coal Incorporated operated the underground Southfield Mine in Colorado. MSHA alleged five significant and substantial violations involving electrical equipment, compressor housing, combustible coal dust, and a loose rib. Judge August F. Cetti vacated one electrical-equipment citation…
General Electric Company
In re General Electric Company (EAB RCRA Appeal No. 91-7): corrective-action issues remanded
General Electric challenged the corrective-action portion of an EPA Region I RCRA permit for its manufacturing facility in Pittsfield, Massachusetts. The appeal addressed coordination with Massachusetts and Connecticut, off-site contamination, interim measures, investigation requirements, permit…
General Motors Corporation, Delco Moraine Division, et al.
In re General Motors Corporation, Delco Moraine Division, et al. (EAB RCRA Consolidated Appeal Nos. 90-24 and 90-25): permits remanded in part
General Motors Corporation's Delco Moraine North and South Plants in Dayton, Ohio, held federal portions of RCRA permits for manufacturing facilities that produced and stored hazardous waste. GMC challenged corrective-action requirements, interim-measures and permit-modification provisions…
Hawaiian Independent Refinery, Inc.
In re Hawaiian Independent Refinery, Inc. (EAB RCRA (3008) Appeal No. 92-2): disclosure order vacated
EPA Region IX brought an enforcement case against Hawaiian Independent Refinery, Inc. involving a proposed $621,200 penalty. The company sought the last known address of a former EPA employee who had performed penalty calculations so it could subpoena her for testimony. The Board held that…
Hardin County, Ohio
In re Hardin County, Ohio (EAB RCRA (3008) Appeal No. 92-1): complaint dismissal vacated and remanded
EPA Region V accused Hardin County, Ohio, of disposing of hazardous waste without a permit or interim status and sought a $45,000 penalty and facility closure. The alleged violations involved sludges produced by Occidental Chemical Corporation between 1983 and 1987. The record did not show when…
General Services Administration and American Federation of Government Employees, Council 236
GSA night pay during leave (FLRA 0-AR-2271): Arbitration award set aside
GSA did not pay nightwork differential to regularly scheduled night workers when they took eight or more hours of paid leave in a pay period. A union grievance succeeded before an arbitrator, who reasoned that paid leave should preserve employees' regular compensation. GSA challenged the award. The…
Eagle Nest, Incorporated
Water accumulation violation found significant and substantial on remand
Eagle Nest, Incorporated contested a citation for more than 16 inches of murky water in a longwall tailgate return entry that examiners had to traverse for weekly examinations. The Commission had vacated an earlier finding that the violation was not significant and substantial and remanded the S&S…
U.S. Department of Justice and U.S. Immigration and Naturalization Service and American Federation of Government Employees, National Border Patrol Council
DOJ and INS (FLRA WA-CA-20422): Interlocutory appeal request denied
The Department of Justice and the Immigration and Naturalization Service asked the Authority to intervene in an unfair labor practice case before the judge issued a final decision. They challenged the judge's rejection of their motions and a finding about a disputed fact. The General Counsel…
Harriman Coal Corporation
Inoperative loader alarm violation affirmed as S&S for $100
Harriman Coal Corporation operated a front-end loader at its Penag Goodspring Mine with a backup alarm that did not function. Judge Avram Weisberger found a violation of 30 C.F.R. § 77.410 because the loader lacked an audible warning device when placed in reverse. The loader's blind spot, the…
International Anthracite Corp.
Training orders affirmed as modified for $225
International Anthracite Corp. employed workers at its B & M Tunnel operation who had not received the required Part 48 training before performing equipment work. Judge Avram Weisberger upheld three orders for missing new-miner, annual refresher, and newly employed experienced-miner training. He…
Leeco Inc.
Discrimination complaint dismissed after withdrawal
Coy Crabtree filed a discrimination complaint against Leeco Inc. under the Mine Act. The Secretary moved to withdraw the complaint and stated that Crabtree also intended to withdraw his complaint with the Mine Safety and Health Administration. Judge Jerold Feldman granted permission to withdraw…
U.S. Department of the Navy, Naval Air Warfare Center, Aircraft Division, Warminster, Pennsylvania and American Federation of Government Employees, Local 1928
Navy firefighter (FLRA 0-AR-2281): Suspension award outside Authority jurisdiction
A Navy firefighter challenged a ten-workday suspension. An arbitrator upheld the grounds for discipline but reduced the lost time from ten 24-hour shifts to 80 hours and awarded backpay for the difference. The Navy argued that the arbitrator misunderstood the firefighter's schedule and violated an…
General Services Administration, Region 2, New York, New York and American Federation of Government Employees, Local 2431
GSA Region 2 (FLRA 0-AR-2278): Performance appraisal award upheld
A GSA contract specialist grieved a fully successful performance rating. The arbitrator found that GSA applied its appraisal system unfairly and sent the rating back to the agency for reevaluation. GSA argued that the arbitrator used an outdated agreement provision, wrongly treated an absent…
Veterans Administration Medical Center, Prescott, Arizona and American Federation of Government Employees, Local 2401, AFL-CIO
Prescott VA Medical Center (FLRA 98-CA-10528): Workweek changes required bargaining
The Prescott VA Medical Center changed the workdays of two housekeeping aides without telling their union or offering to bargain. Their hours and pay stayed the same, but the changes moved established days off and disrupted family and child care arrangements. The Authority held that a change in…
National Association of Government Employees, Local R5-188 and U.S. Department of the Air Force, Seymour Johnson Air Force Base, North Carolina
Seymour Johnson Air Force Base (FLRA 0-AR-2264): Attorney fee amount remanded
An arbitrator awarded backpay after finding that the Air Force had assigned an employee higher graded duties without the temporary promotion required by the collective bargaining agreement. The union then requested $15,007.08 in attorney fees, but the arbitrator awarded $1,800. The Authority found…
National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs Medical Center, Newington, Connecticut
Newington VA Medical Center (FLRA 0-AR-2299): Performance rating grievance denial upheld
A police officer at the Newington VA Medical Center challenged a minimally successful performance rating and the standards used to issue it. An arbitrator denied the grievance, and the union challenged his burden of proof, reasoning, and impartiality. The Authority held that the grievance was…
Department of Health and Human Services, Region IV, Office of Civil Rights, Atlanta, Georgia and National Treasury Employees Union, Chapter 210
HHS Region IV Office of Civil Rights (FLRA 4-CA-10346): Office renovation required bargaining
HHS Region IV had to reduce its Atlanta office space under a government-wide rule. It planned a new floor layout, but implemented the renovation before completing bargaining with NTEU and while an impasse was pending before the Federal Service Impasses Panel. The Authority agreed with the judge…
National Treasury Employees Union and U.S. Department of Health and Human Services, Region X, Seattle, Washington
NTEU and HHS Region X (FLRA 0-NG-2078): Negotiability petition dismissed without prejudice
NTEU asked the Authority to review proposals about time off awards at HHS Region X. HHS said it had not declared the proposals nonnegotiable and moved to dismiss the petition. The union cited oral statements made during bargaining, but the Authority held that those exchanges did not supply the…
U.S. Department of Defense, Defense Finance and Accounting Service, Kansas City Center and American Federation of Government Employees, Local 2904
DFAS Kansas City (FLRA 0-AR-2314): Late pay and leave grievance remains dismissed
Employees moved from the Marine Corps Finance Center to the Defense Finance and Accounting Service challenged how pay and leave were credited during the transfer year. An arbitrator denied their union's grievance as untimely under the agreement's filing deadline and also found no proven contract…
American Federation of Government Employees, Local 2109 and U.S. Department of Veterans Affairs, Temple, Texas
Temple VA (FLRA 0-AR-2298): Employee admonishment award upheld
A VA employee received an admonishment after an incident with her supervisor. An arbitrator found the discipline justified under the parties' agreement and denied the union's grievance. The union argued that the admonishment violated the agreement and that the arbitrator unfairly admitted documents…
National Association of Government Employees, Local R14-52 and U.S. Department of the Army, Red River Army Depot, Texarkana, Texas
Red River Army Depot (FLRA 0-AR-2260): Performance standard dispute returned to arbitrator
A Red River Army Depot employee challenged a performance standard and a rating on one critical element. The Authority had denied the union's exceptions after relying on a cropped copy of the appraisal that made it apply the standard for a different element. Both parties recognized the error. The…
Carder Incorporated
Settlement approved, citations modified, and penalty reduced to $474
Carder Incorporated operated Crusher Operation #2. The Secretary of Labor sought civil penalties for five citations. Judge Paul Merlin found that relief from Carder's default was warranted and approved the parties' settlement. The order modified Citation Nos. 3451182, 3629194, 3629195, 3629196, and…
Carder, Inc.
Default order vacated and case remanded
Carder, Inc. failed to answer a civil penalty petition and a judge's show cause order, so the judge entered a default order assessing the Secretary's proposed $691 penalty. Carder later asked to rescind the default and approve a settlement, explaining that it believed the Secretary would submit the…
Carder Incorporated
Default vacated and settlement approved for $359
Carder Incorporated had been placed in default in a civil penalty proceeding involving its Screening Operation #2. After the Commission directed further proceedings, Chief Administrative Law Judge Paul Merlin found that relief from default was warranted. He approved settlements reducing the…
In re: Contests of Respirable Dust Sample Alteration Citations
Thaxton testimony allowed with additional study period
In the respirable-dust sample alteration master docket, contestants asked Judge James A. Broderick to exclude Robert Thaxton's testimony about his reclassification of cited dust filters. The judge found that the Secretary had violated the discovery requirements by delaying disclosure of the March…
Wyoming Fuel Company
Ventilation-plan violation affirmed with unwarrantable-failure finding stricken
Wyoming Fuel Company operated the Golden Eagle Mine. MSHA alleged that water accumulated in the mine's bleeder system in violation of the approved ventilation and methane and dust control plan. Judge John J. Morris found that the water reached hazardous depths and affirmed the order, but struck the…
Mid-Continent Resources, Inc.
Mine closure citations affirmed, penalties assessed
Mid-Continent Resources, Inc. operated the Coal Basin and Bear Creek Mines. MSHA alleged that the company failed to seal an inactive mine and failed to file a revised mine map after the mines were permanently closed. Judge John J. Morris found that the mines were abandoned because they were no…
Cullor Rock Quarry
Compensation complaint dismissed by default
Bill Burris filed a compensation complaint against Cullor Rock Quarry. After he did not respond to repeated requests to confirm that he wished to proceed, Judge Jerold Feldman ordered him to show cause why the complaint should not be dismissed. Burris did not respond. The judge entered default…
Cullor Rock Quarry
Compensation complaint dismissed after withdrawal
Tim Ragland filed a compensation complaint against Cullor Rock Quarry. He requested permission to withdraw the complaint. Judge Jerold Feldman granted the request and dismissed the case with prejudice. The scheduled November 5, 1992 hearing in Joplin, Missouri was canceled. The official decision…
Southway Construction Company, Incorporated
Communication-system citation affirmed for $138
Southway Construction Company, Incorporated operated a crushing operation at the Goat Ridge Mine, which was owned by another company. MSHA cited Southway for failing to provide a suitable emergency communication system. Judge John J. Morris found that Southway was an operator because it controlled…
U.S. Immigration and Naturalization Service, U.S. Border Patrol, Del Rio, Texas and American Federation of Government Employees, National Border Patrol Council, Local 2366
Del Rio Border Patrol (FLRA 6-CA-10868): Union representation required during written investigation
The Del Rio Border Patrol required employees to prepare written memoranda during an investigation after they requested union representation. An administrative law judge found that this violated their representation rights, and the Authority adopted that finding. The Border Patrol argued that the…
Department of Justice, U.S. Immigration and Naturalization Service, El Paso, Texas and American Federation of Government Employees, National Border Patrol Council
El Paso INS (FLRA 6-CA-00519): Information refusal remedied by cease and desist order
The Border Patrol Council requested records from the El Paso INS office to decide whether to grieve its disclosure of information about an employee's driving ability to Texas authorities. INS refused to provide the records, violating its duty to furnish information needed for union representation…
Department of Veterans Affairs, Veterans Administration Medical Center, Decatur, Georgia and American Federation of Government Employees, Local 2778
Decatur VA Medical Center (FLRA 4-CA-10764): Paid parking rates required bargaining
The Decatur VA Medical Center introduced paid garage parking while bargaining proposals remained unresolved and a union request was pending before the Federal Service Impasses Panel. An administrative law judge found a violation for failing to bargain over implementation, but rejected claims about…
International Brotherhood of Police Officers and U.S. Department of the Army, Watervliet Arsenal, Watervliet, New York
Watervliet Arsenal (FLRA 0-NG-2059): Guard desk television proposal dismissed
The Army's Watervliet Arsenal barred a guard desk officer from watching a personal television while monitoring security cameras. The union sought to keep the earlier practice and argued that the television had caused no security breach. The Authority found a reasonable connection between constant…
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.