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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General Chemical Company
Training-schedule settlement dismisses discrimination complaints
Four miners alleged that General Chemical Company discriminated against them by scheduling annual refresher training outside their normal shifts. The settlement gave rotating-shift and surface-production employees options for receiving the required training during their normal work hours or on the…
Jamieson Company
Two citations affirmed with $220 in penalties and two vacated
Jamieson operated a sand and gravel facility where an inspector found a displaced conveyor guard and an unprotected 440-volt power cable across a driveway. Judge John J. Morris found that the skirting guard was not securely in place and affirmed that citation with a $20 penalty, while affirming the…
Toler Creek Energy, Inc.
Settlement partly approved and merger requests denied
Toler Creek Energy asked the judge to approve a settlement covering citations and orders at its No. 1 and No. 2 Mines. Judge William Fauver approved reduced penalties for six citations and orders, totaling $4,850, and required payment within 30 days. He denied requests to merge several other…
American Federation of Government Employees, Local 2185 and U.S. Department of the Army, Tooele Army Depot
Tooele depot settlement (FLRA 0-AR-2114): Additional backpay claim rejected
A union grievance alleged that Tooele Army Depot had wrongly furloughed employees with Veterans Readjustment Act appointments and later rehired them at lower grades. The parties settled, providing for revised service computation dates and related pay adjustments while waiving additional financial…
Ideal Cement Company
Side-screen equipment violation affirmed with $8,000 penalty
Ideal Cement operated a modified front-end loader without side screens while an employee used it inside a kiln. After a fatal accident, MSHA cited the company for operating equipment with a safety-affecting defect under 30 C.F.R. § 56.9002. On remand, the ALJ applied the reasonably prudent person…
LJ'S Coal Corporation
Mixed rulings impose $1,644 in penalties
An ALJ reviewed several safety citations and orders issued at LJ's Coal Corporation's No. 1 Mine. The judge dismissed one mine-rescue citation because the records did not prove that the apparatus itself had gone untested for 30 days. He affirmed violations involving high-voltage cables, an exposed…
Shamrock Coal Company, Inc.
Discriminatory discharges found
Shamrock Coal operated an underground coal mine where Lonnie Ross and Charles Gilbert worked on a maintenance crew. They complained about doing electrical work without certified mine electricians, the pressure created by a 10-hour work schedule, and the failure to replace a crew member on vacation…
Overseas Education Association and U.S. Department of Defense Dependents Schools
Binictican school open house (FLRA 0-NG-1772): Scheduling proposals rejected
The teachers' union proposed rules for the annual open house at Binictican Elementary School in the Philippines, including a daytime event, preparation time, and a specific week in October. The Authority found four proposals nonnegotiable because they imposed absolute scheduling requirements that…
United States Steel Mining Company, Incorporated
Dryer citation vacated
United States Steel Mining operated the Pinnacle Prep Plant. MSHA cited the plant under 30 C.F.R. § 77.200 after an inspector saw a deteriorated concrete floor and a damaged thermal dryer enclosure that allowed hot embers and coal dust to escape. The judge found that the enclosure was not…
U.S. Steel Mining Company, Inc.
Electrical-work citation vacated
U.S. Steel Mining was cited after a shuttle-car operator taped a nick in a deenergized and locked-out trailing cable without a qualified electrician present. Judge George A. Koutras found that the taping was mechanical work, not electrical work requiring a qualified person under the cited…
U.S. Steel Mining Company, Inc.
Battery-charging citation affirmed
U.S. Steel Mining operated the Gary No. 50 Mine. MSHA cited a battery-charging station because its corrugated-metal enclosure left portions of wooden support timbers exposed, contrary to the requirement that the station be housed in a fireproof structure or area. Judge George A. Koutras found that…
Duininck Brothers, Inc.
Noise citations affirmed
Duininck Brothers operated sand and gravel crushing units where a tractor operator and a bulldozer operator were exposed to noise above the regulatory limit. The judge found that personal hearing protection did not remove the need to use feasible engineering or administrative controls, and that…
United States Customs Service, Region IV, Charleston District and National Treasury Employees Union
Charleston Customs performance plan (FLRA 4-CA-90665): Retaliation claim dismissed
A Customs Service employee filed a grievance against her supervisor and was later placed on a performance improvement plan. The union and General Counsel alleged that the plan retaliated against her for filing the grievance. An administrative law judge credited testimony that the supervisor had…
International Association of Machinists and Aerospace Workers, District Lodge 110, Local Lodges 1859, 2296, 2297, and 2316 and U.S. Department of the Navy, Marine Corps Air Station and Naval Aviation Depot, Cherry Point
Cherry Point prior discipline rule (FLRA 0-NG-1923): Three-year limit nonnegotiable
The union proposed that the Cherry Point Navy facilities count suspensions and disciplinary reductions in grade or pay as prior offenses only if they occurred within three years. It said the rule would prevent old misconduct from increasing penalties indefinitely. The Authority found the proposal…
Contests of Respirable Dust Sample Alteration Citations
Discovery motions partly granted
This order addressed several contestants' motions to compel discovery in a master docket involving alleged alteration of respirable dust samples. Judge James A. Broderick upheld the Secretary of Labor's privilege claims for specified documents, ordered other documents submitted for in camera…
Miami Industries, Inc.
OSHA approval estopped stricter machine-guarding enforcement
Miami Industries used hinged barrier guards around tube-mill rollers after an OSHA compliance officer approved the design following an earlier citation. OSHA also used Miami's blueprints as a model for other employers and conducted later inspections for almost ten years without citing the guards…
U.S. Army Corps of Engineers, Memphis District and National Federation of Federal Employees, Local 259
Memphis District unit case (FLRA 4-CU-10001): Late review application dismissed
The National Federation of Federal Employees, Local 259, sought Authority review of a regional director's decision involving the Army Corps of Engineers' Memphis District. The regional director issued the decision on July 3, 1991. Because the 60th day fell on a Sunday and the next day was Labor…
National Treasury Employees Union and U.S. Department of the Treasury, Internal Revenue Service
IRS negotiability appeal (FLRA 0-NG-1966): Union failed to establish timely filing
The National Treasury Employees Union petitioned for review of an IRS allegation that a proposal was nonnegotiable. The Authority found that the 15 day filing period ended July 24, 1991, after the union received the allegation on July 9. The union claimed it mailed its petition July 23, but the…
Overseas Education Association and U.S. Department of Defense Dependents Schools
Defense Dependents Schools negotiability appeal (FLRA 0-NG-1948): Petition dismissed without prejudice
The Overseas Education Association asked the Authority to review whether proposals involving Defense Dependents Schools were negotiable. The agency said it had not declared the proposals outside its duty to bargain. The union acknowledged that the dispute appeared to concern the level at which…
U.S. Department of Defense, Army and Air Force Exchange Service, Dan Daniels Distribution Center and National Association of Government Employees
Exchange Service suspension appeal (FLRA 0-AR-2167): Exceptions dismissed for lack of jurisdiction
The Army and Air Force Exchange Service challenged an arbitration award involving a nonappropriated fund employee's suspension of more than 14 days. The Authority held that such an adverse action fell within the personnel matters described in 5 U.S.C. § 7121(f). Section 7122(a) bars Authority…
U.S. Department of the Interior, Bureau of Reclamation, Grand Coulee Project Office and Columbia Basin Trades Council
Grand Coulee pay arbitration (FLRA 0-AR-1777): Signing bonus cannot raise base pay rates
The Bureau of Reclamation and the Columbia Basin Trades Council arbitrated pay rates for prevailing rate craft employees at the Grand Coulee project. The arbitrator used part of a signing bonus paid by comparison utilities to increase the employees' base pay rates. The Authority rejected the…
U.S. Department of the Treasury, Internal Revenue Service, Louisville District and National Treasury Employees Union
IRS Louisville District vehicle assignments (FLRA 4-CA-90484): Bargaining complaint dismissed
IRS revenue officers in the Louisville District used government vehicles for field work. After a manager found several cars were driven less than the 12,000 mile utilization guideline, the district returned seven cars to the General Services Administration. The union sought bargaining, and an…
General Services Administration, National Capital Region and Journeyman Pipefitters and Apprentices, Local Union No. 602
GSA steam system work schedules (FLRA 0-AR-2015): Award returned for contract and regulation finding
The General Services Administration changed weekend and evening schedules for employees maintaining steam service to federal buildings in the Washington area. An arbitrator found that the agency violated its agreement with the pipefitters' union and ordered compensation for lost overtime. The…
Yerington Construction Company
Dozer citations affirmed
Yerington Construction operated a portable crushing plant and used a Case 450 dozer on a stockpile. The foreman did not perform the required pre-shift inspection, and the dozer was kept in service even though its service brakes did not work on one side. The judge found that the company was…
Asbestos Abatement Consultation and Engineering
Timely EAJA application could be amended
Asbestos Abatement Consultation and Engineering prevailed after the Secretary withdrew the remaining asbestos citation items and then sought $4,207.34 in attorney fees and costs under the Equal Access to Justice Act. The Commission held that the 30-day application period began when its underlying…
General Dynamics Land Systems Division, Inc.
Freon use inside assembled tanks violated the general duty clause
General Dynamics employees used large quantities of freon to clean oil from the interiors of assembled M-1 Abrams tanks. The Commission found that the enclosed crew, driver, and turret compartments were confined spaces when freon was introduced because ventilation and escape were limited and toxic…
Federal Aviation Administration and National Air Traffic Controllers Association
FAA medical qualification policy (FLRA 3-CA-00225): Bargaining and backpay ordered
The Federal Aviation Administration changed its policy to medically disqualify air traffic controllers with insulin dependent diabetes without first giving their union notice and an opportunity to bargain over the effects and implementation. No party challenged the administrative law judge's…
U.S. Department of the Interior, Bureau of Reclamation, Lower Colorado Dams Project Office and International Brotherhood of Electrical Workers, Local 640
Lower Colorado Dams Sunday pay (FLRA 0-AR-1936): Reconsideration denied
The Bureau of Reclamation asked the Authority to reconsider a decision that upheld a contractual 25 percent Sunday premium pay provision for employees at the Parker and Davis dams. The agency argued that the payment no longer matched prevailing industry pay practices. The Authority found no…
Consolidation Coal Company
Penalty petition dismissed
The Secretary of Labor asked to withdraw the civil penalty petition against Consolidation Coal Company because the evidence was insufficient to establish a violation. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11 and dismissed the case. No civil penalty was…
Beth Energy Mines, Incorporated
Rib citations affirmed
Beth Energy operated the Cambria Slope Mine No. 33. MSHA cited the mine after inspectors found loose, unsupported ribs along a conveyor and track entry and determined that the area had not been adequately examined before the shift. Judge Gary Melick found that the conditions posed a serious fall…
Association of Civilian Technicians, New York State Council and U.S. Department of Defense, National Guard Bureau, Division of Military and Naval Affairs
National Guard technicians' Veterans Day leave (FLRA 0-AR-2102): Leave charge reversed
New York National Guard civilian technicians served on active military duty from November 5 through November 11, 1989. The agency charged the observed Veterans Day holiday on November 10 against their military leave, and an arbitrator upheld that charge. The Authority found that November 11 was…
U.S. Department of Health and Human Services, Social Security Administration, Detroit Teleservice Center and American Federation of Government Employees, Local 3239
Social Security probationary employee (FLRA 5-CA-90613): Retaliation complaint dismissed
A Social Security Administration probationary employee at the Detroit Teleservice Center filed grievances and later was terminated. An administrative law judge found that the grievances were protected union activity and helped motivate management, but that the agency would have terminated the…
Larry Bowman v. Clinchfield Coal Company
Bowman v. Clinchfield Coal Company (BRB 88-3238): Medical evidence returned for full review
Larry Bowman challenged the denial of black lung benefits after 15 years of coal mine work. The Board upheld the judge's refusal to subpoena doctors because Bowman had an opportunity to inspect and rebut their evidence. But the judge had excluded a recording Bowman offered to challenge a doctor's…
Hern Iron Works, Inc.
Record-access citation reinstated after appellate reversal
OSHA cited Hern Iron Works for willfully refusing to provide required injury and illness records during a 1988 inspection. The judge vacated the citation after concluding that the inspection was not supported by a valid warrant, subpoena, or consent. The Ninth Circuit reversed because the record…
Contractors Welding of Western New York, Inc.
Providing life vests did not require their use
Contractors Welding employees repaired a drawbridge while working near deep water. Approved life vests were available at the site, but the welders were not wearing them. The Commission held that the standard's requirement to "provide" life vests meant to furnish or make them available, not to…
Donald Case
Decertification contest dismissed
Donald Case challenged the proposed revocation of his certification to take respirable-dust samples. Judge Paul Merlin found that the issues were the same as those decided in Roberts v. Secretary, and that the Roberts decision controlled. The judge held that Case had due-process interests arising…
Steven Perkins
Contest proceedings dismissed
Steven Perkins challenged the proposed revocation of his certification to take respirable-dust samples. The Secretary moved to dismiss, and the cases were governed by the ALJ's ruling in Roberts v. Secretary, Docket No. KENT 91-896-R. Judge Paul Merlin held that Perkins's certification rights were…
Daniel Serge
Contest proceedings dismissed
Daniel Serge challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with dust cassettes. Judge Paul Merlin held that Serge's certification interests were entitled to…
Kevin Tustin
Contest notices dismissed for lack of jurisdiction
Kevin Tustin challenged the Secretary of Labor's proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with dust cassettes. Judge Paul Merlin held that, although Tustin's certification…
Sandra Eastham
Contest proceedings dismissed
Sandra Eastham challenged the proposed revocation of her certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Eastham's certification interests were entitled to…
Daniel Serge
Contest proceeding dismissed
Daniel Serge challenged a proposed revocation of his certification to take respirable-dust samples. The Secretary moved to dismiss, and Serge relied on the result in Roberts v. Secretary, Docket No. KENT 91-896-R. Judge Paul Merlin held that Serge's certification rights were entitled to due-process…
Patrick Henry Fluty
Contest proceedings dismissed
Patrick Henry Fluty challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Eastern Mingo Coal Company for allegedly tampering with a dust cassette, and Fluty was identified as the operator's safety supervisor. Judge Paul…
Kimmie Noah
Contest proceedings dismissed
Kimmie Noah challenged the proposed revocation of certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Noah's certification interests were entitled to due-process…
Larry Flynn
Decertification contest dismissed
Larry Flynn challenged the proposed revocation of his certification to take respirable-dust samples. The Secretary's motion to dismiss was briefly late, but Judge Paul Merlin found no prejudice and treated the matter as ready for decision. Applying the ruling in Roberts v. Secretary, the judge held…
Freeman United Coal Mining Company
Fan-stoppage citation dismissed
Freeman United Coal Mining Company contested a citation alleging that its underground Crown II Mine had failed to withdraw people after the mine fan stopped for at least 15 minutes. The judge found that the testimony did not reliably establish when the fan stopped or restarted, and that the…
James Jack
Contest proceedings dismissed
James Jack challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Consolidation Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Jack's certification interests were entitled to…
Benny Johnson
Contest proceedings dismissed
Benny Johnson challenged the proposed revocation of his certification to take respirable-dust samples. The related citations had been issued to Island Creek Coal Company for allegedly tampering with a dust cassette. Judge Paul Merlin held that Johnson's certification interests were entitled to…
Paul Cotton
And related contestants (FMSHRC KENT 91-897-R and related dockets): Contest proceedings dismissed
Paul Cotton and eight other contestants challenged proposed revocations of their certifications to take respirable-dust samples. The parties agreed that the decision in Brent Roberts v. Secretary, Docket No. KENT 91-896-R, controlled the issues in these cases. Judge Paul Merlin entered dismissal…
Brent Roberts
Certification revocation contest dismissed
Brent Roberts challenged a proposed revocation of his certification to collect respirable-dust samples after MSHA alleged that dust samples connected to him had not been properly collected. Judge Paul Merlin held that the certification was a property right entitled to appropriate due-process…
The Ceco Corporation and McDevitt & Street Company
Shallow cavity ruling remanded
Ceco was a concrete-forming subcontractor and McDevitt & Street was the general contractor at a construction site with an unguarded cavity in a sixth-floor forming deck. The cavity was approximately 10 by 12 feet and 20¾ inches deep. The judge vacated the citation because an employee could not fall…
Lanham Coal Company, Inc.
Safety-belt decision vacated and remanded
Lanham Coal was cited after an independent contractor's truck driver fell from a truck while unrolling a tarp at the company's surface coal mine. The citation alleged that the driver should have been using a safety belt and line under 30 C.F.R. § 77.1710(g). The Commission held that the standard…
United States Marine Corps and American Federation of Government Employees, Locals 2317 and 2904
Marine Corps smoking area bargaining (FLRA 7-CA-70370): Prior dismissal reversed
The Marine Corps implemented a tobacco prevention program and designated smoking and nonsmoking areas at several facilities while it disputed with union representatives where bargaining over those areas should occur. Its earlier unfair labor practice complaint had been dismissed as a disagreement…
Peabody Coal Company
Ventilation-plan citations affirmed
Peabody Coal challenged two citations alleging that its Martwick and Camp No. 2 mines were operating without approved ventilation plans. The dispute concerned requirements for extending line brattice and maintaining at least 3,000 cubic feet per minute of air during roof bolting in deep cuts. Judge…
Ronald Tolbert
And related complainants (FMSHRC KENT 86-123-D and related dockets): Settlement dismissal
Ronald Tolbert, Odell Maggard, and the Secretary of Labor were complainants in related discrimination proceedings against Chaney Creek Coal Corporation and Dollar Branch Coal Corporation. The complainants requested permission to withdraw their complaints under a mutually agreeable settlement. Judge…
Consolidation Coal Company
Ronald Lee Shriver v. Consolidation Coal Company (FMSHRC WEVA 91-1772-D): Discrimination complaint dismissed with prejudice
Ronald Lee Shriver asked to withdraw his discrimination complaint against Consolidation Coal Company. Judge Avram Weisberger granted the motion and dismissed the case with prejudice. The order does not identify a mine safety standard or assess a civil penalty.
Westmoreland Coal Company
Trolley-wire citation vacated because miners did not travel under the wire
Westmoreland Coal operated the Bullitt Mine, an underground coal mine in Virginia. MSHA cited the company after finding that a guard around an energized trolley wire had come loose where the wire passed under a conveyor belt. The Commission held that the Mine Act standard required guarding where…
Conagra Flour Milling Co.
Hazard-communication item withdrawn
A judge affirmed an other-than-serious hazard-communication item against Conagra Flour Milling because its written chemical list included benzene even though benzene was not present at the facility. No penalty was assessed for that item. After Commission review was directed, the Secretary…
International Association of Machinists and Aerospace Workers, Lodge 39 and U.S. Department of the Navy, Naval Aviation Depot, Norfolk
Norfolk Naval Aviation Depot discipline proposal (FLRA 0-NG-1889): Three year cutoff rejected
Machinists Lodge 39 proposed that the Norfolk Naval Aviation Depot count a suspension or disciplinary reduction in grade or pay as a prior offense only if it took effect within the previous three years. The union wanted to limit the use of old discipline in the agency's progressive discipline…
U.S. Department of Transportation, Federal Aviation Administration, Chicago and National Air Traffic Controllers Association
FAA controller training shifts (FLRA 0-AR-1967): Paid meal requirement removed
The FAA scheduled some Chicago area air traffic controllers for eight and a half hour training days that included an unpaid 30 minute meal break. An arbitrator permitted that schedule for controllers who could not be called to operational duty, but ordered eight hour training days with paid breaks…
West Elk Coal Company, Inc.
Settlement approved and contest dismissed
West Elk Coal Company contested a citation concerning its mine ventilation system, and a related civil penalty proceeding concerned two alleged violations. After the hearing, the parties reached a settlement. Judge August F. Cetti approved the agreement, affirmed one citation with a $20 penalty…
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.