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

Shell Energy Company, Inc.

Serious roof-control citation upheld

Shell Energy admitted that a continuous miner operator advanced 10 feet beyond permanent roof supports in violation of the mine's approved roof-control plan and 30 C.F.R. § 75.200. The company also admitted that the violation was significant and substantial and resulted from unwarrantable failure…

March 10, 1992 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Charles E. Carpenter, Employed by Island Creek Coal Company

Settlement approved and $350 penalty assessed

Charles E. Carpenter, employed by Island Creek Coal Company, was the respondent in a Mine Act civil penalty proceeding involving the Dobbin Mine. The Secretary of Labor had withdrawn the charges under Order No. 3111274 and sought to resolve the remaining charges under Order No. 3111276 through a…

March 10, 1992 ·Gary Melick ·FMSHRC
Settled
ALJ

Consolidation Coal Company

Ignition-reporting citations affirmed

Consolidation Coal Company contested two citations alleging that it failed to report an underground coal-dust ignition and continued mining without preserving the accident scene at the Robinson Run No. 95 Mine. Judge George A. Koutras credited miners who described seeing a short-lived flame and…

March 10, 1992 ·George A. Koutras ·FMSHRC
Citations affirmed
COMM

Tampa Shipyards, Inc.

Willful crane overload affirmed after fatal collapse

Tampa Shipyards used a tower crane to lift and swing a ship-deck section that workers believed weighed 33 tons while the boom was set for a 21-ton capacity. The crane collapsed during the lift and killed two employees. The Commission affirmed a willful general duty clause violation because…

March 10, 1992 ·OSHRC
Citations affirmed
COMM

National Treasury Employees Union and U.S. Department of Health and Human Services, Office of Hearings and Appeals

HHS office relocation (FLRA 0-NG-1978): Three travel time provisions are nonnegotiable

HHS temporarily moved staff attorneys who drafted Social Security disability decisions away from the judges and law library they worked with. Their union negotiated provisions that would credit time spent traveling between offices and shield employees from responsibility for processing delays tied…

March 10, 1992 ·FLRA
Upheld
COMM

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

Tinker Air Force Base suspension (FLRA 0-AR-2178): Arbitration award upheld

An Air Force employee received a five-day suspension after leaving work early and repeatedly reporting late. An arbitrator denied the grievance, finding just cause for the suspension and no interference with the employee's chance to consult a union representative and reply. The union argued that…

March 10, 1992 ·FLRA
Upheld
COMM

U.S. Office of Personnel Management, Central Office and American Federation of Government Employees, Local 32

OPM claims examiner appraisal (FLRA 0-AR-2176): Arbitration award upheld

An OPM insurance benefits claims examiner challenged a fully successful performance appraisal through his union. The arbitrator found no violation of the collective bargaining agreement or applicable regulations and denied the grievance. The union argued that the award conflicted with law and the…

March 10, 1992 ·FLRA
Upheld
COMM

National Treasury Employees Union, Chapter 33 and U.S. Internal Revenue Service, Phoenix District

IRS Phoenix reassignment award (FLRA 0-AR-2055): Compliance remedies upheld with notice correction

An arbitrator ordered the IRS Phoenix District to return a revenue officer to a headquarters position after finding that his reassignment and removal from a special program violated the labor agreement. The IRS moved his work location but kept him assigned to a group at another office, leading the…

March 10, 1992 ·FLRA
Modified
ALJ

Chrisman Ready Mix Inc.

Three citations affirmed and $98 in penalties assessed

MSHA sought penalties for three alleged violations involving Chrisman Ready-Mix Inc. at the Clarksville Quarry and Ozark Material Co., Inc. at the Guthrey Island Pit & Plant. The parties settled the two violations in Docket No. CENT 91-82-M for the initially assessed penalties of $39 each. The…

March 9, 1992 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
ALJ

P-F Mining, Incorporated, Et al

Discrimination proceeding dismissed

The Secretary of Labor filed a discrimination proceeding on behalf of Peter D. Sprouse against P-F Mining, Incorporated and other respondents. The complainant filed a notice withdrawing the complaint. Judge Avram Weisberger granted the Secretary's motion to withdraw and dismissed the case.

March 6, 1992 ·Avram Weisberger ·FMSHRC
Procedural
COMM

Hackney, Inc.

Noise program items vacated but records violation affirmed

Hackney operated a pipe manufacturing plant where OSHA alleged willful violations of several occupational noise requirements. The Commission vacated the audiometric-testing and hearing-protector supervision items because OSHA did not reliably prove employee exposure at or above the required…

March 6, 1992 ·OSHRC
Mixed result
ALJ

In re: Contests of Respirable Dust Sample Alteration Citations

Expert report ordered, sanctions denied

In a master docket concerning contests of respirable-dust sample alteration citations, the Secretary of Labor asked to exclude U.S. Steel Mining Co.'s expert witness and impose discovery sanctions. The Secretary argued that the expert report did not describe the tests, results, or conclusions…

March 5, 1992 ·James A. Broderick ·FMSHRC
Procedural
COMM

Gallup Indian Medical Center; National Federation of Federal Employees, Local 1749; and Laborers' International Union of North America, Navajo Area Health Care Employees, Local Union 1376

Gallup Indian Medical Center union access (FLRA 76-CA-00977): Unlawful assistance finding affirmed

Gallup Indian Medical Center allowed outside representatives of a rival union onto its premises to organize employees already represented by NFFE Local 1749. The Authority adopted a judge's finding that this assistance violated the federal labor statute and ordered the center to stop and post an…

March 3, 1992 ·FLRA
Upheld
COMM

U.S. Department of Health and Human Services, Social Security Administration; American Federation of Government Employees; and National Federation of Federal Employees

SSA union representation petition (FLRA 3-RO-00014): Renewed agreement bars rival petition

AFGE petitioned to replace NFFE as the representative of an SSA employee unit. SSA and NFFE had renewed their national agreement for three years through a memorandum approved on May 15, 1990, one week before AFGE filed its petition. The Authority held that the memorandum was a lawful written…

March 3, 1992 ·FLRA
Upheld
COMM

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

Tinker Air Force Base reassignment (FLRA 0-AR-2169): Aircraft mechanic award returned for clarification

After a reduction in force at Tinker Air Force Base, an employee trained as an aircraft mechanic was permanently assigned to a sheet metal worker job. An arbitrator concluded that she should have received an aircraft mechanic position, but described the awarded position in conflicting ways. The…

March 3, 1992 ·FLRA
Remanded
ALJ

Shrewsbury Coal Company

Conveyor citation affirmed as significant and substantial, $400 penalty assessed

Shrewsbury Coal Company was cited after a conveyor was operated without a positive audible or visible warning system, even though the entire conveyor was not visible from the starting switch. The judge found that miners were shoveling coal near unguarded rollers while the belt was not locked out…

March 2, 1992 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Department of Veterans Affairs, Veterans Administration Medical Center, Veterans Canteen Service, Lexington, Kentucky and National Association of Government Employees, Local R5-184

Lexington VA vending room (FLRA 4-CA-00786): Bargaining required for all machine changes

At a Lexington VA facility, a canteen service arranged to replace the microwave and several vending machines in an employee break room without telling the union. The administrative judge found a bargaining violation only for the permanent removal of the coffee machine. The Authority held that the…

February 28, 1992 ·FLRA
Mixed result
COMM

Department of Veterans Affairs, Veterans Administration Medical Center, Veterans Canteen Service, Lexington, Kentucky and National Association of Government Employees, Local R5-184

Lexington VA cafeteria prices (FLRA 4-CA-00670): Unilateral increase violated bargaining duty

The Veterans Canteen Service raised food prices for employees at the Lexington VA's Leestown Road cafeteria without notifying their union or offering to bargain. The VA argued that the statute governing its canteen service gave the Secretary exclusive control over prices. The Authority held that…

February 28, 1992 ·FLRA
Upheld
COMM

U.S. Department of the Navy, Portsmouth Naval Shipyard and Federal Employees Metal Trades Council, AFL-CIO

Portsmouth Naval Shipyard tentative agreement (FLRA 1-CA-90448): Complaint dismissed

A union charged Portsmouth Naval Shipyard with refusing to sign and implement a tentative agreement about employee training and promotion. The Authority found that the parties had an established practice requiring review and approval by designated officials before any bargaining table agreement…

February 28, 1992 ·FLRA
Upheld
COMM

U.S. Department of the Air Force, Headquarters, Ogden Air Logistics Center, Hill Air Force Base and American Federation of Government Employees, Local 1592

Hill Air Force Base ventilation shutdown (FLRA 0-AR-2219): Administrative leave award upheld

Employees in a Hill Air Force Base building reported physical symptoms during a shutdown of its ventilation system and used sick or annual leave. An arbitrator found that the Air Force had not provided a safe working environment or offered alternative work to all affected employees. He ordered…

February 28, 1992 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1592 and U.S. Department of the Air Force, Hill Air Force Base

Hill Air Force Base temporary promotion (FLRA 0-AR-2151): Award returned for contract analysis

A Hill Air Force Base logistics specialist performed higher graded duties and received a 120-day temporary promotion. An arbitrator ordered additional GS-12 experience credit but denied a longer retroactive promotion. The Authority held that the cited personnel rules did not by themselves bar a…

February 28, 1992 ·FLRA
Remanded
ALJ

In re: Contests of Respirable Sample Alteration Citations

Protective-order motion denied on reconsideration

In the master docket, the Secretary of Labor asked the judge to reconsider an earlier order concerning depositions of senior government officials. The Secretary sought to bar the deposition of retired Coal Mine Administrator Jerry L. Spicer, arguing that another witness could provide the same…

February 27, 1992 ·James A. Broderick ·FMSHRC
Procedural
COMM

Headquarters, U.S. Air Force and 375th Combat Support Group, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23

Air Force furlough notices (FLRA 75-CA-10048): Headquarters violated bargaining duty

Air Force headquarters directed Scott Air Force Base to issue proposed furlough notices to civilian employees during a budget dispute. The furloughs never occurred, but the Authority found that the notices changed employees' conditions of employment by making them subject to a possible furlough…

February 27, 1992 ·FLRA
Mixed result
COMM

U.S. Department of the Interior, Bureau of Indian Affairs, Navajo Area Office and American Federation of Teachers, National Council of Bureau of Indian Affairs Educators

BIA boarding school unit (FLRA 6-CU-80010): Review granted on supervisory status

The Bureau of Indian Affairs argued that a boarding school's homeliving specialist supervised dormitory employees and should be excluded from an existing bargaining unit. An acting regional director found that the specialist did not exercise the independent judgment required to be a statutory…

February 27, 1992 ·FLRA
Procedural
COMM

Department of Health and Human Services, Health Care Financing Administration and American Federation of Government Employees, Local 1923

HCFA smoking area order (FLRA 3-CA-80303): Second reconsideration request denied

The Authority had found that the Health Care Financing Administration violated the federal labor statute by imposing a smoking ban while a dispute with the union was pending, and had ordered some designated smoking areas restored. A federal appeals court enforced that order, and the Authority had…

February 27, 1992 ·FLRA
Procedural
COMM

U.S. Department of Veterans Affairs, Olin E. Teague Medical Center, Temple, Texas and American Federation of Government Employees, Local 2109

Olin E. Teague Medical Center (FLRA 0-AR-2196): Grievance filing deadline upheld

An employee at the Veterans Affairs medical center challenged her performance rating through a union grievance. The arbitrator found that the grievance was filed 35 days after the employee received the rating, beyond the collective bargaining agreement's 30-day deadline. The union argued that the…

February 27, 1992 ·FLRA
Upheld
COMM

Boswell v. National Cement Company

Discrimination ruling affirmed in part, vacated in part, and remanded

Ronny Boswell, a utility laborer at National Cement Company's Alabama cement plant, was disqualified from that position and transferred to a lower-base-pay payloader-operator job after several workplace incidents. An ALJ found that Boswell's refusals to perform work he reasonably believed was…

February 26, 1992 ·FMSHRC
Mixed result
COMM

American Federation of Government Employees, Local 1857 and U.S. Department of the Air Force, McClellan Air Force Base, California

McClellan Air Force Base (FLRA 0-NG-1975): Mandatory union fee proposal rejected

The union proposed that employees hired or moved into regular bargaining-unit positions at McClellan Air Force Base pay a fee for its contract representation work. The proposed fee would apply to union members and nonmembers, with an option to donate to charity for employees with religious…

February 26, 1992 ·FLRA
Upheld
COMM

U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Center and American Federation of Government Employees, Local 3407

Defense Mapping Agency (FLRA 0-AR-2165): Suspension reversal upheld

The Defense Mapping Agency suspended an employee for 14 days after workplace conduct it described as disruptive and sexual harassment. An arbitrator sustained the employee's grievance, rescinded the suspension, and awarded backpay and benefits after finding that a severe mental breakdown had caused…

February 26, 1992 ·FLRA
Upheld
ALJ

C.W. Mining Company

SCSR-storage citation modified and $500 penalty assessed

C.W. Mining Company was cited at its Bear Canyon No. 1 underground coal mine after a mantrip left the mine without a self-contained self-rescuer for each rider. The judge found that the storage-plan violation was serious and involved high negligence, but that the evidence did not establish the…

February 25, 1992 ·August F. Cetti ·FMSHRC
Modified
ALJ

Cumberland Valley Contractors

Discrimination settlement approved

The Secretary of Labor brought a discrimination complaint for three former miners who alleged that Cumberland Valley Contractors discharged them after they complained about unsafe practices involving the roof control plan. The company denied discriminating against them. The parties and the three…

February 25, 1992 ·George A. Koutras ·FMSHRC
Settled
COMM

Southwest Division, Naval Facilities Engineering Command, San Diego, California and National Federation of Federal Employees, Local 2096

Naval Facilities Engineering Command (FLRA 8-CA-00352): Work schedule complaint dismissed

The complaint alleged that the Navy facilities command refused to negotiate over an alternative work schedule and ended a schedule before bargaining was complete. An administrative law judge found no violation of the federal labor statute and recommended dismissal. The Authority reviewed the…

February 25, 1992 ·FLRA
Upheld
COMM

U.S. Department of the Treasury, Internal Revenue Service, Phoenix District and National Treasury Employees Union, Chapter 33

IRS Phoenix District (FLRA 0-AR-2134): Late reconsideration motion dismissed

The IRS asked the Authority to reconsider its earlier dismissal of arbitration exceptions involving reimbursement of a union's witness expenses. The earlier ruling had found that the Authority lacked jurisdiction over those exceptions. The IRS acknowledged that its reconsideration motion missed the…

February 25, 1992 ·FLRA
Procedural
ALJ

Richard Sierra v. Phelps Dodge Corporation

Discrimination complaint dismissed after withdrawal

Richard Sierra filed a discrimination complaint against Phelps Dodge Corporation in a proceeding involving the Tyrone Branch. On the day before the scheduled hearing, Sierra said he would withdraw the complaint unless he received more time to obtain an attorney. After the judge declined to grant…

February 24, 1992 ·John J. Morris ·FMSHRC
Procedural
ALJ

Ford Construction Company

Three citations vacated and five affirmed, with $250 in penalties

Ford Construction Company was cited for safety violations while working on a settling pond at a California gold mine. Judge John J. Morris held that MSHA had jurisdiction concurrent with Cal-OSHA and denied the company's motion to dismiss on that ground. He vacated three citations, including two…

February 21, 1992 ·John J. Morris ·FMSHRC
Mixed result
ALJ

Cobra Mining, Inc., Jerry K. Lester, and Carter Messer

Consequential damages set after Commission remand

This discrimination proceeding returned to Judge Avram Weisberger after the Commission directed him to reconsider the consequential damages owed to Amos Hicks for the loss of a pickup truck repossessed after his discriminatory discharge. The Secretary submitted the truck's fair market value, and…

February 21, 1992 ·Avram Weisberger ·FMSHRC
Other
ALJ

T & H Coal Company, Inc.

Penalty approved and case dismissed after payment

T & H Coal Company withdrew its contest of the proposed penalty for a respirable-dust citation and paid the penalty. The citation alleged that respirable dust had been intentionally removed from samples before they were submitted to MSHA. Judge Paul Merlin reviewed the penalty under the Mine Act's…

February 21, 1992 ·Paul Merlin ·FMSHRC
Settled
ALJ

CNB Coal Company, Inc.

Motion to dismiss late penalty petition denied

CNB Coal Company asked the judge to dismiss a civil penalty proceeding because the Secretary filed the penalty petition after the deadline in Commission Rule 27. The Secretary explained that an extraordinary volume of citations and contest notices had caused the delay. Judge James A. Broderick…

February 21, 1992 ·James A. Broderick ·FMSHRC
Procedural
ALJ

CNB Coal Company, Inc.

Motion to dismiss denied because late filing did not prejudice the operator

CNB Coal Company asked the judge to dismiss a civil penalty proceeding because the Secretary filed the penalty petition after the 45-day deadline. The judge found that the unusually large number of citations and contests processed during the period provided adequate cause for the delay. CNB did not…

February 21, 1992 ·James A. Broderick ·FMSHRC
Procedural
ALJ

S & L Coal Company

Motion to dismiss late penalty petition denied

S & L Coal Company asked the judge to dismiss a civil penalty proceeding because the Secretary filed the penalty petition after the deadline in Commission Rule 27. The Secretary explained that an extraordinary volume of citations and contest notices had caused the delay. Judge James A. Broderick…

February 21, 1992 ·James A. Broderick ·FMSHRC
Procedural
COMM

Price Chopper Supermarkets, A Golub Corporation Company

Injury log required at each store

Price Chopper kept separate OSHA injury and illness logs for its 76 supermarkets at a central office. Employees could request a store's log by telephone and receive it at home by mail or at the store by truck delivery within about 48 hours. The Commission held that this procedure did not satisfy…

February 21, 1992 ·OSHRC
Citations affirmed
COMM

U.S. Department of the Navy, Marine Corps and Marine Corps Reserve Support Center, Overland Park, Kansas and American Federation of Government Employees, Local 2904

Marine Corps Reserve Support Center (FLRA 7-CA-80594): Smoking area change required bargaining

The Marine Corps Reserve Support Center ended smoking in two restrooms that had been designated smoking areas. The union asked to bargain before the change took effect, but management treated consultation as sufficient. An administrative law judge recommended dismissing the union's complaint. The…

February 21, 1992 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 3295 and U.S. Department of the Treasury, Office of Thrift Supervision

Office of Thrift Supervision (FLRA 0-NG-1981): Performance review disclosure proposal negotiable

The union proposed that the Office of Thrift Supervision could not use information to lower an employee's performance rating if it had the information but failed to share it at a progress review meeting. The Authority found that this restriction affected management's appraisal and discipline…

February 21, 1992 ·FLRA
Set aside
ALJ

Peters & Garman Construction

Defaults vacated and settlements approved

Peters & Garman Construction and the Secretary reached settlements in two civil penalty proceedings, but the settlement papers were delayed while the operator's counsel was out of state. Judge Paul Merlin found that relief from default was warranted because default is a harsh remedy and the parties…

February 20, 1992 ·Paul Merlin ·FMSHRC
Settled
COMM

Department of Veterans Affairs, Los Angeles Regional Office and American Federation of Government Employees, Local 490

VA Los Angeles Regional Office (FLRA 98-CA-10187): Reconsideration denied after late filing

The VA's Los Angeles Regional Office asked the Authority to reconsider an order dismissing its exceptions to an administrative law judge's unfair labor practice decision. The exceptions were due December 30, 1991, but were postmarked January 2, 1992. The office said it presumed the papers had been…

February 20, 1992 ·FLRA
Procedural
COMM

Right-Gard Corporation

Pro se employer given hearing on default relief

An OSHRC judge dismissed Right-Gard Corporation's notice of contest and assessed $13,470 after the company did not answer the Secretary's complaint or retrieve and respond to a certified show-cause order. The Commission found that the required notice procedures had been followed and that postal…

February 20, 1992 ·OSHRC
Remanded
COMM

National Weather Service Employees Organization and U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service

National Weather Service (FLRA 0-NG-1955 and 0-NG-1997): Regional layoff areas mostly negotiable

The union proposed using the National Weather Service's six field regions as competitive areas when positions were eliminated. The agency disapproved one contract provision and declared a matching proposal nonnegotiable, citing effects on other employees and possible relocation costs. The Authority…

February 20, 1992 ·FLRA
Mixed result
ALJ

Mountaineer Coal Company, Inc.

Common-issues findings lead to a mine-specific trial

This consolidated proceeding concerned roughly 5,000 citations issued to more than 800 mines for alleged intentional alteration of respirable-dust filter weights. After a common-issues trial, Judge James A. Broderick found that the Secretary's circumstantial evidence did not establish that the…

February 19, 1992 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Betty B Coal Company, Inc.

Dust citation settlement approved for $2,880

Betty B Coal Company and the Secretary settled three alleged respirable-dust violations under 30 C.F.R. § 70.209(b). The violations had originally carried total proposed penalties of $3,600, and the parties disputed whether the conduct was deliberate and the degree of negligence. Judge James A…

February 19, 1992 ·James A. Broderick ·FMSHRC
Settled
ALJ

Consolidation Coal Company

High-risk injury program found discriminatory

Union safety committeemen Larry E. Swift, Mark Snyder, and Randy Cunningham challenged Consolidation Coal Company's Dilworth Mine Program for High Risk Employees. The program increased counseling, retraining, suspension, and discharge based on reported work-related injuries, including some injuries…

February 19, 1992 ·Gary Melick ·FMSHRC
Other
COMM

American Federation of Government Employees, Local 2902 and U.S. Department of the Army, Army Garrison, Fort A.P. Hill, Virginia

Fort A.P. Hill Army Garrison (FLRA 0-NG-1848): Two hours of pay for interrupted shifts is negotiable

The Army disapproved contract terms covering pay for employees sent away after reporting for work and union seats on committees affecting working conditions. The first provision promised at least two hours of pay to temporary, intermittent, or seasonal employees who arrived for a scheduled shift…

February 19, 1992 ·FLRA
Set aside
COMM

Mettiki Coal Corporation

Petition for reconsideration denied

The Commission had previously remanded this proceeding to the presiding administrative law judge. Mettiki Coal Corporation then petitioned for reconsideration, and the Secretary of Labor filed a response. The Commission denied the petition after considering both filings.

February 18, 1992 ·FMSHRC
Procedural
ALJ

Mettiki Coal Corporation

Motion to vacate respirable-dust citations denied

Mettiki Coal Corporation and several other operators asked the judge to vacate 87 respirable-dust citations issued after MSHA found abnormal white centers on submitted samples. They argued that the Secretary had not issued the citations with reasonable promptness and that the delay prejudiced their…

February 18, 1992 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Shick, employed by Muncie Sand & Gravel, Inc.

Knowing brake violation affirmed with $400 penalty

Robert Shick was the mine superintendent at an open-pit sand and gravel mine. MSHA found that a front-end loader had defective service brakes but was still used to load customer trucks and travel on inclined haulage roads. Judge William Fauver found that Shick knowingly authorized and ordered the…

February 18, 1992 ·William Fauver ·FMSHRC
Citations affirmed
ALJ

United Mine Workers of America on Behalf of Dan Nelson,

United Mine Workers of America on behalf of Dan Nelson and others (FMSHRC SE 88-93-D and SE 88-92-D): Discrimination complaints dismissed

The United Mine Workers of America filed two discrimination proceedings on behalf of miners against MSHA and individual MSHA employees. The complaints alleged violations of section 105(c) of the Mine Act. Judge Avram Weisberger concluded that MSHA and its employees were not persons subject to…

February 14, 1992 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Zeigler Coal Company

Citation affirmed on summary decision

Zeigler Coal Company operated Mine No. 11. Judge Avram Weisberger granted the Secretary of Labor's motion for summary decision on Citation No. 3847634. He affirmed the citation as a violation of 30 C.F.R. § 75.316, consistent with a decision by Judge George A. Koutras in a related docket. The order…

February 14, 1992 ·Avram Weisberger ·FMSHRC
Citations affirmed
ALJ

Zeigler Coal Company

Citation affirmed on summary decision

Zeigler Coal Company operated the Spartan Mine. Judge Avram Weisberger granted the Secretary of Labor's motion for summary decision on Citation No. 3847637. He affirmed the citation as a violation of 30 C.F.R. § 75.316, consistent with a decision by Judge George A. Koutras in a related docket. The…

February 14, 1992 ·Avram Weisberger ·FMSHRC
Citations affirmed
COMM

Defense Distribution Region West, Tracy, California and Laborers' International Union, Local 1276, AFL-CIO

Tracy defense warehouses (FLRA 9-CA-10183): Food and drink restrictions required bargaining

Defense Distribution Region West restricted eating and drinking in several Tracy, California, warehouses where employees had previously been allowed to do so. An administrative law judge found that the restrictions changed a consistent workplace practice without notice to the union or a chance to…

February 14, 1992 ·FLRA
Modified
COMM

U.S. Department of Transportation, Federal Aviation Administration, Southwest Region, Airways Facilities Sector, Austin, Texas and David McFarlin

FAA Austin Airways Facilities Sector (FLRA 6-CA-01217): Promotion complaint dismissed

David McFarlin alleged that the FAA's Austin Airways Facilities Sector denied him a promotion because of union activity and told him that was the reason. An administrative law judge found no violation of the federal labor relations statute. The General Counsel and McFarlin challenged the judge's…

February 14, 1992 ·FLRA
Upheld
COMM

56th Combat Support Group, MacDill Air Force Base, Florida and American Federation of Government Employees, Local 547

MacDill Air Force Base Medical Group (FLRA 4-CA-10039): Leave changes required union notice and bargaining

The 56th Combat Support Group restricted leave use by Medical Group employees and changed how they requested leave and how supervisors approved or canceled it. An administrative law judge found that the Group had made these changes without notifying the union or giving it a chance to bargain over…

February 14, 1992 ·FLRA
Upheld

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.