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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
U.S. Department of the Air Force, Warner Robins Air Logistics Center and American Federation of Government Employees, Local 987
Warner Robins Air Logistics Center (FLRA 0-AR-2207): Overtime make-whole award upheld
Two Warner Robins Air Logistics Center employees were denied overtime after their access to classified material and authority to certify work were restricted. An arbitrator found that they remained qualified for the same work during regular hours, that other certified employees were available, and…
Matter of Alarcon
Section 212(h) waiver eligibility was remanded
The Board reviewed a Bolivian respondent's appeal after an Immigration Judge found him deportable and ineligible for adjustment of status and a section 212(h) waiver because of two convictions involving moral turpitude. The Board held that the 1991 amendments to section 212(h) applied while the…
Hickory Coal Company
Settlement approved, $1,030 in penalties assessed
Hickory Coal Company and the Secretary jointly requested approval of a settlement covering four dockets and ten citations at the Slope No. 1 Mine. Judge Roy J. Maurer approved the settlement after the parties proposed penalty reductions based on the mine’s limited ability to pay and nonproducing…
U.S. Department of the Air Force, Hanscomb Air Force Base and National Association of Government Employees
Hanscomb Air Force Base and NAGE (FLRA 0-AR-2240): Suspension award upheld after representation challenge
A Hanscomb Air Force Base employee received a two-day suspension after repeatedly leaving or refusing meetings with supervisors when his requested union representative was absent. An arbitrator found that the meetings concerned routine work tasks, not investigative interviews, and upheld the…
Sandoz Pharmaceuticals Corporation
In re Sandoz Pharmaceuticals Corporation (EAB RCRA Appeal No. 91-14): two permit issues remanded
Sandoz Pharmaceuticals Corporation challenged corrective-action requirements in the federal portion of its RCRA permit for a manufacturing and research facility in East Hanover, New Jersey. The Environmental Appeals Board found that Sandoz had not preserved its challenge to the RCRA Facility…
Secretary of Labor v. Paul Shirel
Default order vacated and case remanded
Paul Shirel was found in default after he did not answer the Secretary’s civil penalty proposal or the judge’s order to show cause. The judge assessed the Secretary’s proposed $1,000 penalty. Shirel petitioned for discretionary review, stating that he and his counsel had not received the relevant…
In re: Contests of Respirable Dust Sample Alteration Citations
Motion to compel testimony granted in part
Contestants sought testimony from Robert Thaxton about respirable dust sample alteration investigations and related criminal investigations. Judge James A. Broderick sustained objections to most questions based on grand-jury secrecy, investigative privilege, deliberative-process privilege, or work…
U.S. Department of the Army, Transportation Center, Fort Eustis and National Association of Government Employees, Local R4-6
Fort Eustis Transportation Center (FLRA 0-AR-2235): Military overtime assignment upheld
During preparations for Operation Desert Storm and Desert Shield, the Army Transportation Center at Fort Eustis assigned certain overtime work to military personnel rather than bargaining unit employees. An arbitrator denied the union's grievance, finding that the assignment fit the workload…
U.S. Department of Energy, Pinellas Plant
In re U.S. Department of Energy, Pinellas Plant (EAB RCRA Appeal No. 91-3): review denied
The League of Women Voters of North Pinellas County, Inc. challenged the federal portion of a RCRA permit for the U.S. Department of Energy’s Pinellas Plant in Largo, Florida. The petitioner asked the EAB to deny authorization for thermal treatment of hazardous waste, regulate radioactive and…
Ramar Coal Company, Incorporated
One citation affirmed, two settled, $1,125 in penalties assessed
Ramar Coal agreed to pay the proposed $500 penalties for two respirable dust sampling citations. The remaining citation concerned a refuse hauler that nearly collided with an MSHA inspector on a wet, steep haul road. Judge George A. Koutras affirmed that citation and assessed a $125 penalty, while…
Young Brothers Incorporated, Contractors
One citation vacated, one affirmed, $150 penalty assessed
MSHA cited Young Brothers after finding that guards did not adequately cover pinch points on two conveyor tail pulleys at the Atkins Pit. Judge Michael A. Lasher, Jr. found a violation where the rear and top of one tail pulley were not fully guarded, but found no reasonable possibility of contact…
Metric Constructors, Inc.
Hoist item reclassified and rebar item withdrawn
Metric Constructors used a material hoist while building a six-floor hospital addition in Clearwater, Florida. The judge affirmed items involving long material protruding from the hoist, an unprotected ground-level hoist entrance, unenclosed unused sides of the hoist tower, and exposed reinforcing…
Mathies Coal Company
Settlement approved and proceeding dismissed
This compensation proceeding involved Mathies Coal Company and members of United Mine Workers of America Local Union 2244. The complainants asked to withdraw their complaint after receiving compensation under a settlement agreement. Judge Gary Melick approved the withdrawal under 29 C.F.R. §…
Jim Walter Resources, Inc.
Administrative motions accepted and amicus participation allowed
Jim Walter Resources submitted a notice of contest and motion seeking partial relief from final orders in closed penalty cases. The motion argued that some penalties had relied on an MSHA policy letter that the Commission had recently found had no legal weight or effect. The Commission accepted the…
National Cement Company
Backpay and reinstatement ordered after discrimination finding
This discrimination proceeding concerned Ronny Boswell's removal from a utility-laborer position at National Cement Company. After an earlier remand, Judge Roy J. Maurer rejected the company's argument that he had exceeded the Commission's remand and found that the parties' stipulated pay…
National Air Traffic Controllers Association, Local C90 and U.S. Department of Transportation, Federal Aviation Administration
Chicago air traffic controllers (FLRA 0-NG-1916): Required promotions proposal rejected
NATCA Local C90 proposed promotions for developmental controllers at Chicago's terminal radar facility in response to concerns that new air traffic procedures would delay their training. Its proposal would require promotion from GS-13 to GS-14 after a year in grade and specified certifications…
Mid-Continent Resources Incorporated
Partial settlement approved and penalties assessed
Mid-Continent Resources Incorporated faced a civil penalty proceeding involving four citations at the Dutch Creek Mine. The parties reached a partial settlement and proposed reducing the penalties from a total of $4,800 to $2,880. Judge John J. Morris found the settlement reasonable and in the…
Thermex Energy Corporation and Richard W. Forsythe
In re Thermex Energy Corporation and Richard W. Forsythe (EAB RCRA (3008) Appeal No. 91-3): dismissal vacated and case remanded
EPA alleged that Thermex Energy Corporation violated RCRA at a hazardous-waste blasting-agent facility in Wyoming and proposed a $70,000 civil penalty. The Presiding Officer dismissed Richard W. Forsythe, Thermex’s president and principal shareholder, as an individual respondent. The EAB granted…
In re: Contests of Respirable Dust Sample Alteration Citations
Remand discovery directions issued
This order addressed a Commission remand in the consolidated respirable dust sample alteration proceedings. Judge James A. Broderick was directed to rule on the Secretary's work-product privilege claim for six documents and on whether Criminal Rule 6(e) barred disclosure of two folders. He ordered…
U.S. Department of Veterans Affairs, Medical Center, Kerrville, Texas and American Federation of Government Employees, Local 2281
Kerrville VA Medical Center (FLRA 0-AR-2191): Smoking shelter remedy upheld
A Federal Service Impasses Panel order required the Kerrville VA Medical Center to keep indoor smoking areas until it provided adequate, accessible outdoor shelters. An arbitrator found that the outdoor shelters were accessible but too few provided adequate protection from local weather. He ordered…
Falcon Coal Corporation
Discrimination complaint dismissed
Richard Allen Plaster claimed that Falcon Coal Corporation discharged him after he left the mine to obtain a replacement cap light and raised a safety concern. Judge Roy J. Maurer found that the discharge resulted from Plaster's insubordinate and abusive language toward his supervisor, not from…
Peabody Coal Company
Ventilation-plan citation modified and $700 penalty assessed
Peabody Coal Company was cited after mining operations destroyed a methane-monitoring borehole that was not properly identified on the mine map. Judge Gary Melick found the violation significant and substantial and serious, but found that the evidence showed ordinary negligence rather than…
Matter of L-
Asylum application required formal proceedings
The Board reviewed a United Kingdom citizen's appeal after an Immigration Judge found him deportable under the Visa Waiver Pilot Program, treated his asylum application as abandoned, and ordered him deported. The Board held that an alien admitted under the program who applies for asylum must be…
Texas Industries, Incorporated
Six violations affirmed and $456 penalty assessed
Texas Industries, Incorporated operated the Tin Top Sand and Gravel Plant. Judge Gary Melick found six violations involving an inadequately grounded electrical circuit and unguarded rotating machine parts. The judge found the violations significant and substantial and serious, and found negligence…
Federal Deposit Insurance Corporation, Chicago Region and National Treasury Employees Union, Chapter 242
FDIC Chicago Region and NTEU Chapter 242 (FLRA 0-AR-2182): Retaliation promotion award upheld with grade correction
An FDIC Chicago bank examiner was passed over for a promotion after participating in a class action over the agency's earlier promotion exam. An arbitrator found that the nonselection was retaliation for protected equal employment opportunity activity, ordered a retroactive promotion with backpay…
Mansel John Saffell v. National Cement Company
Discrimination complaint dismissed
Mansel John Saffell, a production foreman at National Cement Company's cement plant, complained about unsafe lighting and reported the conditions to MSHA. He later alleged that National Cement retaliated against him through undesirable job assignments and by refusing to reinstate him after he left…
National Treasury Employees Union and U.S. Department of the Treasury, Internal Revenue Service, Office of Chief Counsel
IRS Chief Counsel and NTEU (FLRA 0-NG-1982): Mandatory attorney promotion proposal rejected
NTEU proposed that IRS Chief Counsel attorneys in grades GS-11 through GS-13 receive promotions after meeting time and performance criteria whenever the agency chose to fill a position at the next grade. The union said the proposal would make promotion a routine step under the agency's attorney…
American Federation of Government Employees, Local 1592 and U.S. Department of the Air Force, Ogden Air Logistics Center
AFGE Local 1592 and Ogden Air Logistics Center (FLRA 0-AR-2220): Vehicle damage assessment upheld
An Air Force employee damaged a tractor-trailer while backing into a storage yard and was assessed $275. An arbitrator found that the employee should have sought spotters under an Air Force vehicle rule and that their absence caused the damage. The union challenged the arbitrator's treatment of the…
Secretary of Labor v. Southern Ohio Coal Company
Conveyor belt citation vacated
Southern Ohio Coal operated an underground coal mine where an eight-miner crew extended a conveyor belt. The ALJ found a violation of 30 C.F.R. § 75.1725(c) because the belt was restarted without all affected miners being told. The Commission reversed, holding that extending the belt was not…
U.S. Department of the Navy, Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard and Metal Trades Council (FLRA 0-AR-2234): Apprentice promotion delay upheld
The Norfolk Naval Shipyard delayed an apprentice pipefitter's promotion after marginal performance ratings. An arbitrator found that the appraisals were fair and that the delay complied with the shipyard's apprentice rules and the labor agreement. The union argued that the apprentice's average…
Renkiewicz SWD-18
In re Renkiewicz SWD-18 (EAB UIC Appeal No. 91-4): well information and species issues remanded
John H. French Jr. challenged a UIC permit issued to Muskegon Development Company for a disposal well near his property in Otsego County, Michigan. He raised concerns about information on other wells, pressure precautions, endangered species, and financial responsibility. The Environmental Appeals…
Marvin David Warren v. Webster County Coal Corporation
Discrimination complaint withdrawn after settlement
Marvin David Warren filed a Mine Act discrimination complaint against Webster County Coal Corporation and later reported that he had resolved his differences with the company. Judge Avram Weisberger granted Warren's motion to withdraw the complaint and dismissed the case with prejudice.
In re: Contests of Respirable Dust Sample Alteration Citations
Depositions allowed out of time
Contestants in the respirable-dust sample alteration proceedings asked to take joint depositions of three Inspector General witnesses after the discovery deadline. The motion also sought a subpoena for investigative documents concerning alleged tampering with coal dust samples. Judge James A…
American Federation of Government Employees, National Immigration and Naturalization Service Council and U.S. Department of Justice, Immigration and Naturalization Service
AFGE INS Council and INS (FLRA 0-NG-1845): Two contract provisions approved, reopener rejected
The INS disapproved three provisions of a negotiated agreement with the AFGE national council. The Authority found that official time for union representation, including work on unfair labor practice matters, was negotiable. It also upheld a sexual harassment provision because the agreement would…
National Treasury Employees Union and U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms
NTEU and Bureau of Alcohol, Tobacco and Firearms (FLRA 0-NG-1817): Contract provisions receive split ruling
The Bureau of Alcohol, Tobacco and Firearms disapproved 16 provisions of a negotiated agreement with NTEU. The Authority upheld provisions on official time for representation and training, employee evaluation criteria, efforts to reassign ill or injured employees, and union access to a meeting room…
American Federation of Government Employees, National Immigration and Naturalization Service Council, Local 2012 and U.S. Immigration and Naturalization Service, Eastern Region
AFGE Local 2012 and INS Eastern Region (FLRA 0-AR-2099): Local overtime changes upheld
The INS Eastern Region directed its offices to reduce inspectional overtime spending. The Philadelphia district offered to bargain over changes in local overtime procedures, but the union refused while national negotiations on overtime were underway. The district implemented the changes, and an…
Stoneway Concrete
Penalty proceeding dismissed after settlement dispute
Stoneway Concrete failed to answer the Secretary's civil penalty proposal, then sent a letter stating that the matter had been settled and enclosed a $131.50 check. The Solicitor did not respond to the judge's order to file a settlement motion or explain why the case should not be dismissed. Judge…
Klamath Pacific Corporation
Penalty petition dismissed after repeated failure to respond
Klamath Pacific Corporation was the respondent in a civil penalty proceeding concerning its Stukel Mt. Crusher & Wash Plant. After the Commission remanded the case, Judge Paul Merlin ordered the parties to confer about settlement and directed the Solicitor to report the result. The Solicitor did…
Stoneway Concrete
Penalty proceeding dismissed for failure to prosecute
Stoneway Concrete requested a hearing on a civil penalty matter, but the Solicitor did not file the penalty petition after repeated reminders. Judge Paul Merlin issued a show-cause order, and the Solicitor still did not respond. Because the case had been pending for more than a year without the…
Deatley Company
Penalty proceeding dismissed for failure to prosecute
Deatley Company requested a hearing in a civil penalty matter, but the Solicitor did not file the penalty petition. The Commission's Docket Office reminded the Solicitor to file it and later issued a show-cause order after the penalty proposal was still missing. The Solicitor did not respond. Judge…
Secretary of Labor v. Gatliff Coal Company, Inc.
Default order vacated and case remanded
Gatliff Coal failed to answer the Secretary of Labor's civil penalty proposal and a judge's show-cause order, so the ALJ entered a default order assessing the proposed $2,400 penalty. Gatliff told the Commission that clerical errors caused its answer to be filed in another proceeding and asked for…
Department of Veterans Affairs, John J. Pershing Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338
VA Pershing Medical Center and AFGE Local 2338 (FLRA DE-RO-20007): Employee election objections rejected
Five employees were eligible to vote in a mail ballot election at a VA medical center. The acting regional director received two ballots for the union and no other ballots. Three employees said they had mailed ballots against representation and asked for a new election. The regional director…
Secretary of Labor v. Darbet, Incorporated
Settlement approved with $2,400 penalty
The Secretary alleged three violations of 30 C.F.R. § 70.209(b) by Darbet, Incorporated and sought total penalties of $3,000. The operator disputed the allegation that the violations resulted from a deliberate act and disputed the degree of negligence. Judge James A. Broderick approved the parties'…
VP-5 Mining Company
Methane citations and imminent-danger orders affirmed
VP-5 Mining Company operated a shaft coal mine in southwestern Virginia with a large mined-out area known as the East Gob. During inspections, MSHA found methane concentrations above the mine's ventilation-plan limits in several bleeder connectors, including readings from 4.0 to 5.2 percent. Judge…
Ramblin Coal Company, Inc.
Multiple mine-safety violations affirmed with $1,812 in penalties
Ramblin Coal Company operated Mine No. 8, a small coal mine employing about 20 people. Judge William Fauver found violations involving rock dust, electrical equipment, mine-road guarding, cutting-machine guarding, battery chargers, permissible equipment, compressed-gas cylinders, examination…
Social Security Administration and National Treasury Employees Union and American Federation of Government Employees
SSA, NTEU and AFGE (FLRA 3-CA-10859): Rival union access complaint dismissed
NTEU sought permits for outside organizers to distribute literature in public areas of the Social Security Administration's Maryland headquarters while AFGE represented the employees there. SSA denied the permits, and an unfair labor practice complaint alleged that SSA had unlawfully favored AFGE…
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 preserved
A reorganization merged previously separate operations at Marine Corps Air Station Cherry Point. The regional director found that the existing AFGE and IAM bargaining units were no longer appropriate and proposed revoking both unions' certifications. IAM sought Authority review and asked for an…
National Treasury Employees Union, Chapters 243 and 245 and U.S. Department of Commerce, Patent and Trademark Office
NTEU Chapters 243 and 245 and Patent and Trademark Office (FLRA 0-NG-2006): Drug testing proposals split
NTEU proposed three terms for the Patent and Trademark Office's drug testing program. The Authority rejected a $25 payment to employees who tested negative because it treated the payment as damages for the test itself, a subject addressed by federal claims laws rather than bargaining over working…
National Federation of Federal Employees, Local 2050 and Environmental Protection Agency
NFFE Local 2050 and EPA (FLRA 0-NG-1974): Two official time proposals found negotiable
NFFE Local 2050 proposed official time for EPA headquarters union representatives to handle other legitimate representational work and to answer public or media questions about bargaining unit employees' working conditions. EPA argued that the proposals might fund unrelated union activity and…
Mar-Land Industrial Contractor, Incorporated
Remand penalty set at $1,000
The Commission remanded Mar-Land Industrial Contractor's civil penalty proceeding for reassessment after reversing the judge's finding of high negligence. Judge Avram Weisberger applied the Commission's conclusion that Mar-Land's negligence was ordinary and considered the remaining statutory…
Department of Veterans Affairs, Chattanooga National Cemetery and American Federation of Government Employees
Chattanooga National Cemetery and AFGE (FLRA AT-RO-20005): Election objections filed too late
AFGE won a representation election at Chattanooga National Cemetery by six votes to two. The cemetery objected to the election, alleging that an Authority agent had improperly prompted employees to vote, but filed its objection two days after the five-day deadline. It argued that an agent's…
Georgetown Ironworks, Inc.
Citation against wrong employer withdrawn
A judge dismissed Georgetown Ironworks' notice of contest after the company failed to answer a show-cause order, which had the effect of affirming the citation and proposed penalties. The Secretary later received information showing that Georgetown Ironworks had no employees and no role at the…
Economy Sod, Inc.
Overlooked response restores notice of contest
A judge dismissed Economy Sod's notice of contest after concluding that the company had not answered an order to show cause. Economy Sod petitioned for review and maintained that it had responded on time. The Commission's record confirmed that a timely response had been received but overlooked…
Well Solutions, Inc.
Open-fields evidence reinstates rig-safety violations
An OSHA inspector first visited Well Solutions' oil-well rig without a warrant and observed unguarded platforms and employees without hard hats from an accessible road and field. The judge suppressed those observations and vacated the citations. The Commission held that the open-fields doctrine…
Alaska Trawl Fisheries, Inc.
OSHA jurisdiction over factory vessels affirmed
Alaska Trawl Fisheries and Golden Age Fisheries operated vessels that caught and processed fish near Dutch Harbor, Alaska. OSHA cited machine guarding, passageway, recordkeeping, welding-gas storage, and hazard-communication conditions aboard the vessels. The companies stipulated to the violations…
Baytown Construction Company, Inc.
Crane power-line clearance violation affirmed
Baytown employees used a truck crane to unload pipe near a 7,620-volt overhead power line. The crane cable and suspended pipe became energized, and an employee handling the pipe was electrocuted. Testimony about loud electrical discharges, burn damage to the cable, the crane's contact with the line…
Ed Taylor Construction Co.
Confined-space inspection-program violation affirmed
Taylor Construction employees entered a 24-foot-deep access shaft to close a valve for an artificial lake at an Atlanta office project. Three supervisory employees died after being overcome by an oxygen-deficient atmosphere during the initial entry and rescue attempts. Two related citation items…
National Treasury Employees Union, Chapter 82 and U.S. Department of the Treasury, Internal Revenue Service, Martinsburg Computing Center
NTEU Chapter 82 and IRS Martinsburg Computing Center (FLRA 0-NG-2004): Food and drink proposals rejected
NTEU proposed allowing employees to bring food and drinks into the IRS Martinsburg Computing Center's computer rooms and tape library under specified safeguards. The IRS prohibited food and drinks there to protect its computer equipment and data from spills and other accidents. The Authority found…
National Federation of Federal Employees, Forest Service Council and U.S. Department of Agriculture, Forest Service, Region 6
NFFE Forest Service Council and Forest Service Region 6 (FLRA 0-NG-1993): Surplus employee placement proposal is negotiable
The Forest Service council proposed that surplus employees remain on a service-wide placement list for 120 days and receive at least 60 days' notice before a directed reassignment. The Forest Service argued that the proposal conflicted with a master agreement and would delay assignments. The…
American Federation of Government Employees, Local 12 and U.S. Department of Labor, Benefits Review Board
AFGE Local 12 and Benefits Review Board (FLRA 0-AR-2231): Attorney promotion grievance award upheld
A Benefits Review Board staff attorney grieved the agency's decision not to promote her from GS-11 to GS-12. The arbitrator found that work-related performance concerns supported the decision and denied the grievance. AFGE Local 12 challenged the admission of a supervisor's memorandum, the…
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.