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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ALJ

Old Ben Coal Company

Discrimination finding upheld with $500 penalty

Billy B. Taylor worked at Old Ben Coal Company's underground Mine No. 24. The ALJ found that Taylor raised a good-faith safety concern about transportation through a blocked travelway and was suspended after doing so. The judge found that the suspension violated the Mine Act's discrimination…

September 23, 1992 ·David F. Barbour ·FMSHRC
Modified
COMM

National Federation of Federal Employees, Local 1214 and U.S. Department of the Army, Headquarters, United States Army Training Center and Fort Jackson, South Carolina

Fort Jackson contracting out proposal (FLRA 0-NG-2035): bargaining petition dismissed

A union at Fort Jackson proposed that contracting out occur only when it was economically efficient, effective for the mission, or in the federal government's best interest. The union said the proposal reflected existing requirements for contracting decisions. The Authority found that the text…

September 23, 1992 ·FLRA
Upheld
ALJ

Meador Energy, Incorporated

Settlement approved and penalty reduced to $1,908

Meador Energy, Incorporated faced a civil penalty proceeding involving Mine No. 1. The parties proposed a settlement reducing the penalty from $2,208 to $1,908. Judge Gary Melick found the settlement appropriate after considering the parties' submissions and MSHA Inspector Douglas Smith's…

September 22, 1992 ·Gary Melick ·FMSHRC
Settled
COMM

Hays v. Leeco, Inc.

Settlement motion remanded to the ALJ

The Commission received a discrimination case on remand from the United States Court of Appeals for the District of Columbia Circuit. The court directed the Commission to reconsider whether Ricky Hays's conduct qualified as protected activity under section 105(c) of the Mine Act. Hays and Leeco…

September 22, 1992 ·FMSHRC
Procedural
COMM

John H. Hoover v. Manor Mines, Incorporated and Travelers Insurance Company

Hoover v. Manor Mines (BRB 91-1770): Benefit award and employer liability upheld

John Hoover worked at a Copper Valley mine site while Manor Mines kept him on its payroll during a strike. Later, he transferred to Copper Valley's payroll. The companies disputed which employed him during the earlier period and therefore which was responsible for his black lung benefits. The Board…

September 22, 1992 ·BRB
Affirmed
COMM

Blount International, LTD.

Storage and electrical items affirmed, crane item vacated

Blount International was the general contractor building an aircraft hangar at Westover Air Force Base. The Commission affirmed a material-storage item because heavy structural steel was stored on deteriorated supports in a way that could allow it to spread or tilt. It also affirmed two electrical…

September 18, 1992 ·OSHRC
Mixed result
COMM

American Federation of Government Employees, Local 2452 and U.S. Department of Health and Human Services, Social Security Administration, District Office, Huntington Park, California

Social Security office door code (FLRA 0-NG-2038): union access proposal negotiable

A Social Security office limited its employee entrance code to staff assigned there. The union proposed giving the code, and any later changes, to its representative who worked at another office but regularly visited the represented employees. The Authority found that the proposal affected…

September 18, 1992 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Forest Service Council and U.S. Department of Agriculture, Forest Service, Washington, D.C.

Forest Service closed fire camps (FLRA 0-NG-1958): standby pay proposal rejected

A Forest Service union proposed treating employees restricted to closed fire camps during off-shift hours as on compensable standby. The Authority found that the camps were designated duty posts rather than the agency's premises under the applicable pay rule. At a designated post, the rule also…

September 18, 1992 ·FLRA
Upheld
ALJ

Ronald Weaver, employed by Consolidation Coal Company

Individual penalty assessed for knowingly ordered electrical violation

Ronald Weaver was the mine superintendent at Consolidation Coal Company's Humphrey No. 7 Mine. The Judge found that Weaver knowingly authorized and ordered workers to bypass overcurrent protection on trolley wires so coal hauling could continue, violating 30 C.F.R. § 75.1001. The evidence showed…

September 17, 1992 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Helen Mining Company

Retaliatory discharges found in discrimination case

Helen Mining Company operated the Homer City Mine, where Joseph A. Smith served as a union safety committee chairman. Judge Roy J. Maurer found that the company discharged Smith in December 1990 and July 1991 because he engaged in protected safety activity, including raising safety complaints and…

September 17, 1992 ·Roy J. Maurer ·FMSHRC
Other
COMM

D J and M Coal Company, Inc.

Default order vacated and remanded

D J and M Coal Company failed to answer a civil penalty proposal and an Administrative Law Judge's order to show cause, so the Judge entered a default order assessing a $1,000 penalty. The company's president later asked to withdraw the default and stated that the company had requested a hearing…

September 16, 1992 ·FMSHRC
Remanded
ALJ

In re: Contests of Respirable Dust Sample Alteration Citations

Discovery motion granted in part and denied in part

In a master docket involving contests of respirable dust sample alteration citations, the contestants asked for documents that the Secretary had withheld under work product, attorney-client, deliberative-process, and investigative privileges. Judge James A. Broderick reviewed the documents in…

September 16, 1992 ·James A. Broderick ·FMSHRC
Mixed result
COMM

Avery Lake Property Owners Association

In re Avery Lake Property Owners Association (EAB UIC Appeal No. 92-1): permit review denied

Avery Lake Property Owners Association challenged a Class II underground injection control permit issued to Trendwell Oil Corporation for disposing of salt water from oil production wells in Montmorency County, Michigan. The association sought a hearing, a moratorium on nearby well drilling, and…

September 15, 1992 ·EPA EAB
Affirmed
COMM

Ashland Oil, Inc., Floreffe, PA

In re Ashland Oil, Inc., Floreffe, PA (EAB SPCC Appeal No. 91-1): violations affirmed, penalty increased

Ashland Oil operated a petroleum marketing terminal in Floreffe, Pennsylvania. EPA alleged that Ashland’s Spill Prevention Control and Countermeasure Plan did not identify underground storage tanks and was not amended promptly after a 74,000-barrel tank was replaced with a 96,000-barrel tank. The…

September 15, 1992 ·EPA EAB
Modified
ALJ

N.A. Degerstrom, Inc.

Discrimination case dismissed after settlement

Roger Vogt brought a discrimination proceeding against N.A. Degerstrom, Inc. and Zortman Mining, Inc. The parties reached an amicable settlement and jointly moved to dismiss the proceedings with prejudice. Judge John J. Morris found good cause and granted the motion, dismissing the case. The order…

September 14, 1992 ·John J. Morris ·FMSHRC
Settled
ALJ

Roxcoal, Incorporated

Settlement penalty amended

Roxcoal, Incorporated asked to amend a settlement decision because of a clerical error. Judge William Fauver granted the motion and amended the September 3, 1992 decision approving settlement. The approved penalty was changed from $126 to $64.

September 14, 1992 ·William Fauver ·FMSHRC
Modified
COMM

National Federation of Federal Employees, Local 1482 and U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Production Center, Louisville, Kentucky

Defense Mapping Agency position reclassification (FLRA 0-NG-1898): employee veto rejected

The Defense Mapping Agency union proposed requiring an employee's written consent before the agency could reclassify that employee's position as cartographer. The Authority found that position classification is excluded from the statutory definition of negotiable employment conditions. It therefore…

September 14, 1992 ·FLRA
Upheld
ALJ

Mountain Coal Company

Coal dust findings affirmed and withdrawal order modified

Mountain Coal Company contested a citation and a withdrawal order concerning combustible coal dust accumulations at the Trail Mountain Mine. Judge Michael A. Lasher, Jr. found both violations proven, with the withdrawal-order violation resulting from unwarrantable failure and high negligence. He…

September 11, 1992 ·Michael A. Lasher, Jr. ·FMSHRC
Mixed result
ALJ

Energy West Mining Company

Several citations modified and one vacated

Energy West Mining Company faced civil penalty proceedings involving eight alleged violations at the Cottonwood Mine, with four enforcement documents litigated at hearing. Judge Michael A. Lasher, Jr. approved the parties' resolution of two citations, affirmed one citation, modified two others by…

September 11, 1992 ·Michael A. Lasher, Jr. ·FMSHRC
Mixed result
COMM

Overseas Education Association and U.S. Department of Defense, Office of Dependents Schools

Overseas school teachers (FLRA 0-NG-2015): seven union proposals rejected

The Overseas Education Association proposed changes to pay calculations and appointments for teachers in Defense Department overseas schools. The Authority found that federal law specifically governs the elements of basic compensation addressed by five proposals, including daily rates, salary…

September 11, 1992 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2017 and U.S. Department of the Army, Army Signal Center and Fort Gordon, Fort Gordon, Georgia

Fort Gordon reduction in force (FLRA 0-AR-2232): reconsideration denied

An Army civilian employee challenged how his military service and disabled veteran status were treated during a reduction in force. An arbitrator denied his union's grievance, and the Authority denied the union's exceptions to that award. The union asked the Authority to reconsider, arguing that…

September 11, 1992 ·FLRA
Procedural
COMM

U.S. Department of Veterans Affairs, National Memorial Cemetery of the Pacific and International Association of Machinists and Aerospace Workers, Hawaii Federal Lodge 1998

National Memorial Cemetery suspension (FLRA 0-AR-2214): arbitration award upheld

A National Memorial Cemetery employee received a five-day suspension for opening a casket during an interment, contrary to agency rules. An arbitrator upheld the suspension, and the employee's union challenged the award on several grounds. The Authority found that the employee had notice of the…

September 10, 1992 ·FLRA
Upheld
COMM

Secretary of Labor o/b/o Price v. Jim Walter Resources, Inc.

Discriminatory drug-testing discharges affirmed

Jim Walter Resources operated underground coal mines in Alabama and required employees whose duties involved safety to undergo random drug testing. Safety committee members Michael Price and Joe John Vacha were discharged after they could not provide urine samples during testing, although they…

September 9, 1992 ·FMSHRC
Citations affirmed
COMM

Matter of Rainford

Firearm conviction did not bar adjustment of status

The Board reviewed a Jamaican lawful permanent resident's appeal after an Immigration Judge found him deportable for criminal possession of a weapon and denied his application for adjustment of status. The Board held that the firearm conviction established deportability, but did not prevent him…

September 9, 1992 ·BIA
Remanded
COMM

International Association of Machinists and Aerospace Workers, Local Lodge 2297 and U.S. Department of the Navy, Naval Aviation Depot, Cherry Point, North Carolina

Cherry Point promotion and parking proposals (FLRA 0-NG-1561): petition dismissed on remand

A union at the Cherry Point Naval Aviation Depot proposed installation-wide rules for promotion consideration and parking. A federal appeals court set aside the Authority's earlier finding that the proposals were negotiable and returned the case for further review. The Authority found that both…

September 9, 1992 ·FLRA
Upheld
ALJ

In re: Contests of Respirable Dust Sample Alteration Citations

Reconsideration denied and discovery deadline extended

This master docket concerns citations alleging that mine operators altered the weights of respirable dust filter cassettes. The Secretary asked Judge James A. Broderick to reconsider his holding that an accidental, unintentional change in a cassette’s weight is not a violation of 30 C.F.R. §§…

September 8, 1992 ·James A. Broderick ·FMSHRC
Procedural
COMM

U.S. Department of the Air Force, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916

Tinker Air Force Base promotion grievance (FLRA 0-AR-2263): backpay limit upheld

A Tinker Air Force Base employee grieved the agency's failure to promote him temporarily while he performed higher-grade work. An arbitrator found a contract violation and awarded the pay difference, but limited relief to a period beginning 21 days before the grievance under the negotiated filing…

September 8, 1992 ·FLRA
Upheld
COMM

United States Department of Education and National Council of Department of Education Locals, Council 252, American Federation of Government Employees, Local 2607

Education Department flexitime (FLRA 0-AR-2222): award returned for adverse impact review

Five Education Department secretaries challenged a change that required them to work ten days instead of nine in each two-week period. An arbitrator denied their grievances, finding the agency had work-related reasons and no legal burden to prove those reasons. The Authority held that the…

September 8, 1992 ·FLRA
Remanded
COMM

National Federation of Federal Employees, Local 1214 and U.S. Department of the Army, Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, South Carolina

Fort Jackson firefighters (FLRA 0-NG-2024): meal and duty proposals rejected

A Fort Jackson firefighters' union proposed letting firefighters use response vehicles to eat at base dining facilities and barring assignments outside their regular field of work. The Authority found that the meal proposal would let firefighters decide how many people and response vehicles left…

September 4, 1992 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1482 and U.S. Department of Defense, Defense Mapping Agency, Louisville, Kentucky

Defense Mapping Agency supervisory backups (FLRA 0-NG-1780): bargaining ordered

A Defense Mapping Agency union proposed a procedure for choosing bargaining unit employees to fill in briefly for absent supervisors. The proposal required supervisors to ask employees who were interested and to give written job-related reasons when declining to assign one of them. After a court…

September 4, 1992 ·FLRA
Set aside
COMM

Secretary of Labor o/b/o Buelke v. Santa Fe Pacific Gold Corporation

Temporary reinstatement affirmed

Robert Buelke, an electrician at Santa Fe Pacific Gold’s Rabbit Creek Mine, reported safety concerns involving the mine’s electrical system and was discharged a second time after returning to work under an earlier temporary reinstatement order. The Secretary alleged that the second discharge was…

September 3, 1992 ·FMSHRC
Citations affirmed
COMM

Adcom Wire, d/b/a Adcom Wire Company

In re Adcom Wire, d/b/a Adcom Wire Company (EAB RCRA Appeal No. 92-2): review denied

Adcom Wire challenged corrective-action requirements in the federal portion of its RCRA permit for a wire-manufacturing facility in Jacksonville, Florida. The company argued that its rinse water was not hazardous waste stored after RCRA regulations took effect, that the state-issued portion of its…

September 3, 1992 ·EPA EAB
Other
COMM

Miners Advocacy Council

In re Miners Advocacy Council (EAB NPDES Appeal No. 91-23): overburden discharges remanded for permit review

The Miners Advocacy Council challenged 31 NPDES permits issued by EPA Region X to Alaska placer miners. The dispute concerned whether a permit could authorize discharges from sluicing while excluding discharges from hydraulic removal of overburden at the same mine. The Environmental Appeals Board…

September 3, 1992 ·EPA EAB
Remanded
COMM

Panama Canal Commission, Balboa, Republic of Panama and Panama Area Metal Trades Council, National Maritime Union, and International Organization of Masters, Mates and Pilots

Panama Canal Commission employee appeals (FLRA 6-CA-80337): reconsideration and stay denied

The Authority had found that the Panama Canal Commission unlawfully ended a contractual right for certain excepted service employees to appeal adverse actions through its administrative process. The Commission asked the Authority to reconsider that ruling, change its retroactive remedy, and stay…

September 3, 1992 ·FLRA
Procedural
COMM

U.S. Patent and Trademark Office and Patent Office Professional Association

Patent Office bargaining and pay information (FLRA 3-CA-10566): violations found

The Patent Office Professional Association asked the Patent and Trademark Office to resume bargaining over signatory authority and to negotiate pay and tuition reimbursement matters. It also requested records about special pay rates. Adopting the administrative law judge's findings, the Authority…

September 3, 1992 ·FLRA
Mixed result
COMM

U.S. Department of Justice, Office of Justice Programs and American Federation of State, County and Municipal Employees, Local 2830

Justice Department Office of Justice Programs (FLRA 3-CA-10522): Delayed union records violated the labor statute

AFSCME Local 2830 requested records from the Justice Department's Office of Justice Programs for its representational work. The Authority agreed with the judge that the union had not established a need for records about alleged investigations of union officials, and it adopted the finding that the…

September 3, 1992 ·FLRA
Mixed result
COMM

National Federation of Federal Employees, Local 466 and U.S. Department of Agriculture, Forest Service, Regional Office, Atlanta, Georgia

NFFE Local 466 and Forest Service (FLRA 0-NG-2022): Union proposal for fire camp representatives is negotiable

The Forest Service and NFFE Local 466 disputed a proposal for at least five union representatives at fire camps, along with dispatch, lodging, and notice of fire activity. The agency argued that the proposal conflicted with the parties' master agreement and interfered with its rights to assign work…

September 3, 1992 ·FLRA
Set aside
COMM

National Federation of Federal Employees, Local 1636 and U.S. Department of Defense, National Guard Bureau, New Mexico National Guard, Albuquerque, New Mexico

NFFE Local 1636 and New Mexico National Guard (FLRA 0-AR-2256): Selection grievance remains denied

NFFE Local 1636 challenged the New Mexico National Guard's selection of another employee for a vacancy, alleging lack of qualifications and improper preselection. An arbitrator denied the grievance after finding insufficient evidence for those claims. The union argued that the arbitrator misstated…

September 3, 1992 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 174 and U.S. Department of the Treasury, Customs Service, Region IV

NTEU Chapter 174 and Customs Service (FLRA 0-AR-2227): Overtime award for Tampa inspectors stands

Customs Service began assigning supervisors from Tampa to inspectional overtime at the Port of St. Petersburg when its port director was unavailable. An arbitrator found that the agency's agreements required it to offer that work first to eligible Tampa inspectors and ordered backpay for missed…

September 3, 1992 ·FLRA
Upheld
COMM

Farmer v. Island Creek Coal Co.

Late compensation complaint allowed to proceed

Roy Farmer, a miners’ representative, filed a compensation complaint for about 275 miners who were idled after MSHA issued an imminent-danger order at Island Creek Coal’s Virginia Pocahontas No. 3 Mine. Island Creek argued that the complaint was filed after the 90-day period in Commission…

September 2, 1992 ·FMSHRC
Remanded
ALJ

Cimetta Engineering Contractors

Discrimination complaint dismissed for failure to respond

Bruce A. Williams filed a discrimination complaint under section 105(c) of the Mine Act against Cimetta Engineering Contractors. The Commission asked Williams to provide additional information, but he did not respond to the request or to a later show cause order, which was returned as unclaimed…

September 1, 1992 ·Paul Merlin ·FMSHRC
Procedural
COMM

Sequoyah Fuels Corporation

In re Sequoyah Fuels Corporation (EAB NPDES Appeal No. 91-12): permit review denied

Sequoyah Fuels Corporation operated a uranium processing plant and used treated wastewater as raffinate fertilizer in a separate farming and ranching operation in Gore, Oklahoma. Native Americans for a Clean Environment sought an evidentiary hearing and argued that the land application should be…

August 31, 1992 ·EPA EAB
Affirmed
ALJ

Saturn Materials, Inc., Black Gold Coal Company, and Talbert Ball

Discrimination case dismissed after settlement withdrawal

Lonnie D. Mullins asked to withdraw his discrimination complaint against Saturn Materials, Black Gold Coal Company, and Talbert Ball under a settlement agreement resolving the disputed claims. Judge Gary Melick granted permission to withdraw the complaint under the Commission’s procedural rules and…

August 31, 1992 ·Gary Melick ·FMSHRC
Settled
COMM

Morale, Welfare and Recreation Directorate, Marine Corps Air Station Cherry Point, North Carolina and American Federation of Government Employees, Local 2065 and International Association of Machinists and Aerospace Workers, Local 2296

Cherry Point Marine Corps Air Station (FLRA 4-RA-10001, 4-RA-10002): Union certifications remain after reconsideration denied

After a reorganization at the Cherry Point Marine Corps Air Station, a regional director found that the existing bargaining units for AFGE Local 2065 and IAM Local 2296 were no longer appropriate and proposed revoking their certifications. The Authority earlier agreed that the activity need not…

August 31, 1992 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 2344, AFL-CIO and Carol Ramey

AFGE Local 2344 (FLRA 3-CO-10019): Union must admit an eligible employee

AFGE Local 2344 rejected a bargaining unit employee's application for membership after members reported that he had made remarks hostile to the union. The parties agreed that the rejection was based neither on uniform occupational standards nor on failure to pay dues. The Authority held that 5…

August 31, 1992 ·FLRA
Mixed result
COMM

Antilles Consolidated Education Association and Department of Defense, Office of Dependents Schools, Antilles Consolidated School System, Fort Buchanan, Puerto Rico

Antilles education employees (FLRA 0-NG-2037): Thirty-day discipline deadline is nonnegotiable

The Antilles Consolidated Education Association proposed requiring the Department of Defense school system to start disciplinary action within 30 school days after a supervisor learned of an alleged infraction. The Authority held that the deadline would bar discipline after it expired and directly…

August 31, 1992 ·FLRA
Upheld
COMM

U.S. Department of Veterans Affairs, Regional Office, St. Louis, Missouri and American Federation of Government Employees, Local 2192

St. Louis VA Regional Office (FLRA 0-AR-2267): Performance appraisal award stands despite discarded notes

An employee at the St. Louis VA Regional Office challenged a "fully successful" performance appraisal after receiving the same rating on a required reappraisal. The arbitrator denied her grievance, finding the rating supported by testimony and other evidence despite the supervisor's destruction of…

August 31, 1992 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2501 and U.S. Department of Defense, Defense Logistics Agency, Defense Depot Memphis, Memphis, Tennessee

AFGE Local 2501 and Defense Depot Memphis (FLRA 0-AR-2246): Holiday work did not trigger overtime rotation

Defense Depot Memphis required employees whose regular workweek included Monday to work on President's Day in 1991 to support deployed military forces. AFGE Local 2501 argued that the depot had to offer that work through the overtime assignment procedures in the parties' agreement. An arbitrator…

August 31, 1992 ·FLRA
Upheld
COMM

Ten-A-Coal Company

Terminated citation modification approved and case remanded

Ten-A-Coal operated the Ward Mine, where an inspector cited unsafe highwall conditions and later modified a terminated section 104(a) citation into a section 104(d)(1) order after consulting a supervisor. The judge had ruled that a citation could not be modified after termination, affirmed the…

August 28, 1992 ·FMSHRC
Remanded
ALJ

FMC Wyoming Corporation

Permissibility citation affirmed

FMC Wyoming Corporation was cited after an excessive gap was found in the cover plate of a continuous miner’s master control box at the FMC Trona Mine. The ALJ found that the condition violated the permissibility requirements, but concluded that the Secretary did not prove the violation was…

August 28, 1992 ·John J. Morris ·FMSHRC
Citations affirmed
COMM

Wyoming Fuel Company

Imminent-danger rulings remanded

Wyoming Fuel Company operated the Golden Eagle underground coal mine, where MSHA issued citations and imminent-danger orders after inspectors found methane near sealed areas. The ALJ vacated the citations and orders, including a citation concerning work allegedly contrary to an imminent-danger…

August 28, 1992 ·FMSHRC
Mixed result
COMM

Asarco, Inc.

Discovery order partly reversed

Asarco operates the Immel underground zinc mine, where an electrician was fatally injured after contacting an energized 4,160-volt terminal. The Secretary cited alleged violations involving deenergization and electrical clearance, and the parties later disputed discovery of MSHA investigative…

August 28, 1992 ·FMSHRC
Mixed result
COMM

Shamrock Coal Company, Inc.

Non-S&S finding affirmed

Shamrock Coal Company was cited after four miners working underground were not provided enough self-contained self-rescuers under the mine’s firefighting and evacuation program. The judge found a violation of 30 C.F.R. § 75.1101-23, but concluded it was not significant and substantial because the…

August 28, 1992 ·FMSHRC
Citations affirmed
COMM

Beech Fork Processing, Inc.

Non-S&S findings affirmed

Beech Fork Processing was cited twice after firefighting equipment at its mine was not maintained in usable and operative condition. The judge found that the violations of 30 C.F.R. § 75.1100-3 were not significant and substantial because the evidence did not show that a fire was reasonably likely…

August 28, 1992 ·FMSHRC
Citations affirmed
COMM

Shamrock Coal Company, Inc.

Non-S&S findings affirmed

Shamrock Coal Company was cited for inadequate rock dust and defects in water spray and fire-warning systems at its underground coal mine. The ALJ found violations of 30 C.F.R. §§ 75.403, 75.1101-1(a), and 75.1101-10, but concluded they were not significant and substantial because the evidence did…

August 28, 1992 ·FMSHRC
Citations affirmed
COMM

Chartwell Corporation

Dismissal affirmed after missed filing deadline

OSHA cited Chartwell Corporation and issued a failure-to-abate notice with proposed penalties totaling $12,600. The judge ordered the Secretary to file either a complaint or an executed settlement agreement by November 15, 1991. The Secretary filed neither, so the judge vacated the citations and…

August 28, 1992 ·OSHRC
Procedural
COMM

Simpson, Gumpertz & Heger, Inc.

Concrete-formwork citations against engineer vacated

Simpson, Gumpertz & Heger provided structural-design and consulting services for a laboratory-building project where metal decking collapsed during a two-layer concrete pour. OSHA cited SGH for allegedly inadequate formwork support and missing shoring plans. The Commission held that design and…

August 28, 1992 ·OSHRC
Citations vacated
COMM

Kulka Construction Management Corp.

Construction manager held liable for fall hazards

Kulka Construction Management managed a three-story office-building project without performing construction trade labor itself. The Commission found that Kulka substantially supervised the work because it coordinated contractors, acted as the owner's on-site representative, addressed safety…

August 28, 1992 ·OSHRC
Citations affirmed
COMM

Hackney Brighton Corporation

Exit and cylinder-storage violations reinstated

Hackney Brighton fabricated steel pressure vessels at a Lancaster, Pennsylvania, facility. One designated exit was four feet above the floor with no stairs or ramp, and an acetylene cylinder delivered late in the day remained overnight in the oxygen-cylinder storage area. The judge vacated both…

August 28, 1992 ·OSHRC
Mixed result
COMM

U.S. Department of Defense, National Guard Bureau, North Carolina Air National Guard, Charlotte, North Carolina and John A. Teague, Jr.

North Carolina Air National Guard and John Teague (FLRA AT-DR-20035): Early decertification appeal dismissed

The Association of Civilian Technicians sought Authority review after an acting regional director refused to dismiss John Teague's decertification petition. The regional order addressed only the union's motion to dismiss, leaving the petition's merits undecided. The Authority held that the union's…

August 27, 1992 ·FLRA
Procedural

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.