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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American Federation of Government Employees, Local 1547 and U.S. Department of the Air Force, Luke Air Force Base, Arizona
Luke Air Force Base (FLRA 0-AR-1772): Attorney fee exception dismissed
An arbitrator reduced an employee's removal to a six-month suspension and ordered reinstatement and some backpay. In a supplemental award, he denied the union's request for attorney fees. The union challenged that denial before the Authority. Because the fee award remained tied to the original…
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-1667): Performance rating exceptions dismissed
A union challenged an agency performance rating appeal panel's decision not to increase an employee's rating. The parties' negotiated procedure made the panel's decision final and excluded performance rating disputes from arbitration. The Authority held that the panel's decision was not a binding…
Cyprus Emerald Resources Corporation
Mixed ruling on safety citations, orders, and penalties
Cyprus Emerald Resources operated the Emerald No. 1 coal mine, where MSHA cited walkway hazards, equipment conditions, and dozer operations around coal feeders. Judge George A. Koutras found a violation involving obstructions in a travelway, modified the related order to a section 104(a) citation…
Ampak Mining, Inc., Johnson Coal Company, Inc., Southern Hills Mining Co., Inc.
Ampak Mining, Johnson Coal, and Southern Hills (FMSHRC KENT 89-14-D and KENT 89-13-D): Discrimination claims upheld in part and dismissed in part
David Thomas and George Isaacs alleged that Ampak Mining retaliated against them after they refused unsafe work, raised safety concerns, or participated in related proceedings. Judge Gary Melick found that Ampak discriminated against both miners, including through demotions and layoffs, and that…
U.S. Army Engineer Activity, Capital Area, Fort Myer, Virginia and International Association of Fire Fighters, Local F-253 and Federal Firefighters Association, Local 2
Fort Myer firefighters (FLRA 3-RO-90004): Election objections rejected
After the International Association of Fire Fighters won a firefighters' election by 30 votes to 19, the rival Federal Firefighters Association objected that temporary employees had voted and that two employees had solicited union membership while on duty. The Authority found that temporary…
U.S. Department of the Treasury, Federal Law Enforcement Training Center, Glynco, Georgia and American Federation of Government Employees, Local 2002
Federal Law Enforcement Training Center (FLRA 0-AR-1838): Late exceptions dismissed
AFGE Local 2002 mailed exceptions to an October 17 arbitration award to the Authority's Atlanta Regional Office. Although the union sent them before the November 20 deadline, the rules required filing in the Authority's Washington Docket Room, which received them on November 30. The Authority…
Department of the Army, Headquarters, Fort Carson and Headquarters, 4th Infantry Division, Fort Carson, Colorado and Federal Firefighters Association, Local 44 and American Federation of Government Employees, Local 1345
Fort Carson firefighters (FLRA 7-RO-90006): Severance petition dismissed
Federal Firefighters Association Local 44 sought to separate about 49 Fort Carson firefighters from an established bargaining unit of about 1,300 employees represented by AFGE. The Authority found that the larger unit remained appropriate and that the record showed no unusual circumstances…
Headquarters, XVIII Airborne Corps and Fort Bragg, North Carolina and American Federation of Government Employees, Local 1770
Fort Bragg temporary employees (FLRA 4-CU-90003): Unit question remanded
A Fort Bragg employee's discharge grievance stalled when the Army disputed whether 21 temporary Tank Automotive Command employees belonged to an AFGE bargaining unit. The Regional Director dismissed a unit clarification petition because the employees' positions were already vacant. The Authority…
U.S. Department of Veterans Affairs, Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933
Allen Park VA Medical Center (FLRA 0-AR-1636): Removal award outside Authority jurisdiction
An arbitrator upheld the removal of a boiler plant operator at the Allen Park VA Medical Center after several absences without leave, including one that left the boilers unattended. The union argued that the award violated notice requirements and other law. The Authority held that it could not…
Energy Fuels Coal, Inc.
Settlement modifies two enforcement documents
Energy Fuels Coal, Inc. resolved three enforcement documents concerning its Southfield Mine through a settlement. Judge Michael A. Lasher, Jr. removed the significant-and-substantial designation from one citation, affirmed another citation, and modified a withdrawal order into a section 104(a)…
Energy Fuels Coal, Inc.
Settlement vacated, modified, and affirmed citations
Energy Fuels Coal, Inc. agreed with the Secretary to resolve 10 enforcement documents at its Southfield Mine. Judge Michael A. Lasher, Jr. vacated two citations because the record did not support them, removed the significant-and-substantial designations from three citations, and affirmed five…
Beaver Creek Coal Company
Contest dismissed as moot
Beaver Creek Coal Company disputed a withdrawal order and MSHA's handling of a proposed roof control plan modification at the Trail Mountain No. 9 Mine. MSHA later vacated the withdrawal order and approved the requested modification without the disputed condition. The Commission held that the…
Westwood Energy Properties
Jurisdiction ruling remanded for more evidence
Westwood Energy Properties operated a Pennsylvania culm bank and an electric generating facility that processed refuse from earlier coal mining. MSHA issued 18 citations and a withdrawal order after Westwood denied inspectors access and later challenged MSHA jurisdiction. The Commission held that…
Rick Stevenson v. Beaver Creek Coal Company
Summary decision denied in discrimination case
Rick Stevenson alleged that Beaver Creek Coal Company laid him off because of his safety and health activities and challenged the effect of a general release he signed when he received severance pay. Judge John J. Morris found a genuine factual dispute about whether the release was supported by…
Mid-Continent Resources, Inc.
Nonparty review petition dismissed
Mid-Continent Resources was involved in a dispute over miners' representative access at its Dutch Creek No. 1 Mine. The Commission dismissed the American Mining Congress petition for discretionary review because the organization was not a party below and had not shown a direct, concrete interest…
Rochester & Pittsburgh Coal Company
Guarding order modified and second order dismissed
Rochester & Pittsburgh Coal Company was cited after an inspector found unsecured guarding at the tail of a belt conveyor at the Greenwich Collieries No. 2 Mine. Judge Avram Weisberger found a violation of the guarding standard, but found that the evidence did not establish unwarrantable failure or…
Medusa Cement Company-Div/Medusa Corporation
Work-platform citation affirmed
Medusa Corporation used a mobile crane at the Clinchfield Mine to raise workers in a work platform attached to a wire rope and swivel hook. Judge Roy J. Maurer found that the platform lacked a device preventing free and uncontrolled descent, as required by the cited standard. The citation was found…
Winston Madden v. Ronald Summers and Sumco
Supplemental discrimination relief ordered
Winston Madden prevailed by default in a discrimination proceeding against Ronald Summers and Sumco. Judge Roy J. Maurer ordered the respondents to pay $10,215.11 in back wages and reimbursable expenses, $4,212.50 in attorney fees, and $75.24 in costs, with interest on the back-wage amount. The…
National Education Association, Fort Bragg Association of Educators and U.S. Department of the Army, Fort Bragg Schools
Fort Bragg Schools (FLRA 0-NG-1405): Bargaining ordered over personal service contracts
The D.C. Circuit reversed the Authority's earlier ruling that Fort Bragg Schools need not bargain over a union proposal barring personal service contracts as a condition of employment. Following the court's ruling, the Authority found that the proposal concerned how employment terms were recorded…
O'Neal Machine & Repair, Inc.
Settlement approved and $2,600 assessed
O'Neal Machine & Repair, Inc. was the respondent in a civil penalty proceeding involving Lobby No. 4 Mine. The parties proposed a settlement that reduced the penalty from $5,300 to $2,600. Judge Gary Melick found the settlement appropriate under the Mine Act's penalty criteria and ordered the…
Tunnelton Mining Company
Seven citations settled and $539 assessed
Tunnelton Mining Company faced seven alleged safety violations at Marion Mine across three dockets. The parties agreed to settle all seven citations, with four paid at the proposed amounts and three reduced. One significant-and-substantial finding was modified to non-S&S because injury was…
Appalachian Builders Corporation
Two citations amended and $140 assessed
Appalachian Builders Corporation was cited for four alleged violations at a preparation plant. Two citations concerned unsecured gas cylinders and combustible material on an air compressor. Judge Roy J. Maurer found both conditions violated the cited standards but removed their…
Island Construction Co., Inc.
Nine citations affirmed and $550 assessed
Island Construction operated a sand-extraction pit used for grading and fill. Judge James A. Broderick found that the operation was subject to the Mine Act because it extracted a mineral and affected interstate commerce through its equipment and sales. He affirmed nine citations involving brakes…
Adams Stone Corporation
Supplemental decision set aside for correction
The Secretary of Labor brought a discrimination proceeding on behalf of Fred Bartley against Adams Stone Corporation. Judge James A. Broderick said his November 13, 1989 supplemental decision had ordered back wages and other benefits based on a misunderstanding of the Secretary's back-wage…
Kelly Trucking Company
Training orders modified and $470 assessed
Kelly Trucking Company was cited after two people working around a dragline had not received required new-miner training and daily examination results were not recorded. Judge Roy J. Maurer found that the company was operating a mine and that the training and recordkeeping violations occurred. He…
Mettiki Coal Company
Electrical-equipment citation vacated
Mettiki Coal Company used diesel locomotives underground at its mine. MSHA cited the company for not recording a weekly examination under 30 C.F.R. § 75.512, which applies to electrical equipment. Judge William Fauver held that the standard did not cover diesel-powered locomotives merely because…
Secretary of Labor o/b/o Pena v. Eisenman Chemical Company
Request to reopen settlement denied
Juan G. Pena asked the Commission to reopen a discrimination proceeding and set aside a settlement that required Eisenman Chemical Company to pay $13,000 in back wages. The Commission held that the request came nearly four years after the settlement and was untimely to the extent it alleged fraud…
Matter of Short
Moral-turpitude analysis required the underlying felony
The Board reviewed the deportation case of a German respondent convicted of aiding and abetting an assault with intent to commit a felony. It withdrew an earlier rule that treated every assault with intent to commit a felony as a crime involving moral turpitude, holding instead that the intended…
Matter of Uluocha
Repeated bond requests could be considered on the merits
The Board reviewed a Nigerian respondent's request to reduce a bond that had already been set during deportation proceedings. It held that bond regulations do not limit a detained alien to one request to modify the amount or terms of bond, and that a later request should be considered on its merits…
Matter of Rusin
Involuntary Communist-party membership did not bar adjustment
The Board reviewed the Service's appeal from an Immigration Judge's grant of adjustment of status to a Polish respondent who had belonged to the United Peasants' Party in Poland. The respondent testified that joining was required to keep her job, that she did not know the organization was…
U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 3-CU-90003): Late unit review application dismissed
HUD sought review of a Regional Director's July 21 unit clarification order. The 60-day filing period ended September 19, but HUD's application reached the Authority's Docket Room on September 21. Because the deadline could not be extended or waived, the Authority dismissed the application without…
Mark Ciullo Construction Co., Inc.
Default penalties reduced to $575 by settlement
Mark Ciullo Construction did not answer the Secretary's complaint after contesting serious and nonserious construction citations. An ALJ dismissed the contest by default, affirmed the citations, and assessed $1,500. The parties later settled. The Secretary withdrew Item 1 of Citation 1 and cut the…
Federal Trade Commission, Headquarters, Washington, D.C. and American Federation of Government Employees, Local 2211
Federal Trade Commission (FLRA 0-AR-1760): Late exceptions dismissed
The FTC challenged an arbitration award dated and mailed May 30, 1989. It argued that the five days allowed for mail service should be counted before the 30-day exception filing period began. The Authority held that the 30 days began on the service date and that the mail allowance was added…
Army and Air Force Exchange Service, Oakland Distribution Center and American Federation of Government Employees, Local 1157
Oakland Exchange Service (FLRA 9-CA-90185): Late exceptions leave disclosure order in place
AFGE Local 1157 requested the names and home addresses of bargaining unit employees at an Army and Air Force Exchange Service distribution center in Oakland. The administrative law judge found that the center violated its bargaining obligations by refusing the request and ordered disclosure and a…
Matter of Dass
Asylum claim failed without corroborating evidence
The Board reviewed an Indian respondent's appeal after an Immigration Judge found him deportable for entering the United States without inspection and denied his applications for asylum, withholding of deportation, and voluntary departure. The Board held that an asylum applicant generally must…
American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Social Security Administration, Newport News, Virginia
SSA Newport News (FLRA 0-NG-1734): Negotiability petition filed late
AFGE Local 1923 petitioned for review of an agency head's disapproval of an agreement with Social Security Administration Region III. Assuming the July 13 disapproval was mailed, the 15-day petition period plus five days for mail expired August 2. The union's petition was postmarked August 9. The…
U.S. Department of the Army, Army Finance and Accounting Center, Indianapolis, Indiana and American Federation of Government Employees, Local 1411
Army Finance and Accounting Center (FLRA 0-AR-1766): Exceptions one day late
AFGE Local 1411 filed exceptions to a June 8 arbitration award. With the five-day mail allowance, the deadline was July 12, 1989; the exceptions were postmarked July 13. The union argued that weekends should be excluded from the five-day allowance. The Authority held that the weekend exclusion…
Sanger Rock & Sand
MSHA jurisdiction upheld
Sanger Rock & Sand argued that MSHA could not regulate its California property because the federal government did not own the land and California had not ceded it to the federal government. Judge John J. Morris held that the cited constitutional provision concerned federal control over the District…
U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 0-AR-1741): Late arbitration exceptions dismissed
HUD filed exceptions to an April 19, 1989 arbitration award. Assuming the award was mailed that day, the deadline with the five-day mail allowance was May 23. HUD's exceptions and its own statement of mailing were dated May 24. The agency did not respond to an order to show cause, and the Authority…
Asarco, Inc.
Discrimination proceeding settled and dismissed
Bruce Mitchell and Asarco, Inc. reached an amicable resolution of the discrimination proceeding. Through counsel, the parties filed a stipulation of voluntary dismissal with prejudice based on their settlement agreement. Judge Michael A. Lasher, Jr. treated the stipulation as a withdrawal of…
Ideal Basic Industries, Inc.
Discrimination settlement approved
Thirteen complainants and Ideal Basic Industries reached a settlement in a discrimination proceeding involving the Ada Quarry and Plant. The company agreed not to restrict employees solely because they filed state workers' compensation claims based on work-related disabilities, to comply with Mine…
American Federation of Government Employees, Local 3615 and U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals
Social Security Administration hearings office (FLRA 0-NG-1720): Negotiability petition filed late
AFGE Local 3615 asked the Authority to review a nonnegotiability allegation by the Social Security Administration's Office of Hearings and Appeals. The union received the allegation on May 10, 1989. Under the Authority's filing rules, its petition had to reach the Authority's Washington docket room…
U.S. Immigration and Naturalization Service and American Federation of Government Employees, Local 1917
Immigration and Naturalization Service (FLRA 0-AR-1653): Union's arbitration exceptions reopened
An arbitrator mailed an award from the United Kingdom, and the union later filed exceptions to it. The Authority had dismissed those exceptions as late after treating the date the award entered the United Kingdom mail as the service date. On reconsideration, it held that its service rule measures…
Industrial Constructors Corp.
Discrimination complaint sustained
Harry C. Ramsey worked as a crusher operator for Industrial Constructors Corp. at the Colosseum Mine. After Ramsey shut down equipment when dust prevented him from seeing workers, he argued with a supervisor, said he could not work under conditions that removed his ability to stop the machinery…
Peabody Coal Company
Discrimination complaint dismissed for lack of jurisdiction
Judge William Fauver issued a show-cause order giving Donald R. Babbs an opportunity to explain why his discrimination complaint should not be dismissed for lack of jurisdiction. Babbs did not respond by the deadline. The judge therefore dismissed the proceeding for lack of jurisdiction.
Matter of Fefe
Asylum hearing required sworn testimony
The Board reviewed a Haitian applicant's appeal after an Immigration Judge denied his applications for asylum and withholding of deportation in exclusion proceedings. The applicant submitted a written asylum application, but the parties did not question him under oath about it at the hearing. The…
Yaple Creek Sand & Gravel
Six citations affirmed, two vacated
Yaple Creek Sand & Gravel, a one-person sand and gravel operation, was cited for eight Mine Act safety violations involving guarding, openings near travelways, an electrical junction box, and grounding systems. Judge John J. Morris held that a one-person operation is still subject to the Mine Act…
Ten-A-Coal Company
Two alarm citations affirmed, windshield citation vacated
Ten-A-Coal operated the Ward Mine, a small strip mine in West Virginia. MSHA cited two inoperative audible backup alarms and a cracked bulldozer windshield. Judge George A. Koutras affirmed the two alarm citations, vacated the windshield citation, and vacated the significant-and-substantial…
Dillingham Construction International
Citations affirmed, S&S findings partly modified
Dillingham Construction International was cited during its Puerto Rico dam project for conditions involving unguarded equipment, missing handrails, a broken conveyor emergency-stop cord, and unsuitable footwear. The company argued that it was a construction contractor outside MSHA jurisdiction, but…
Secretary of Labor v. Green River Coal Co., Inc.
Six mine-safety violations affirmed with $7,000 penalty
Green River operated the No. 9 underground coal mine in Kentucky, which employed about 200 miners and produced about one million tons of coal annually. The case involved inadequate ventilation that contributed to a methane explosion in which a loader operator suffered first- and second-degree…
National Treasury Employees Union and U.S. Department of Treasury
Treasury ground rules (FLRA 0-NG-1604): Replaced bargaining provision makes petition moot
The National Treasury Employees Union sought review after Treasury disapproved a ground rules provision for upcoming negotiations with the Internal Revenue Service. The provision set out an impasse procedure and deadlines. While that review was pending, the parties negotiated an amendment that…
Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers
Back wages and penalty ordered
The Secretary brought this discrimination proceeding on behalf of Robert Vaughn, who was employed by Sumco, Inc. and R.E. Summers. After an earlier decision on the merits, the parties did not stipulate to the amount owed, so the Secretary submitted a calculation and the respondents did not reply…
Secretary of Labor v. George's Branch Coal, Incorporated
Default ordered for $882.67
George's Branch Coal requested a hearing on a proposed civil penalty and later discussed a possible settlement with the Secretary's solicitor. The company did not return the proposed joint settlement motion, did not respond to a show-cause order, and then sent a $441.33 check without an agreement…
Secretary of Labor v. Carl A. Johnson, employed by Morton Salt Division/Morton Thiokol Inc.
Secretary of Labor v. Carl A. Johnson (FMSHRC CENT 89-54-M, CENT 89-60-M): Settlements approved for two mine-safety orders
The Secretary charged Carl A. Johnson under section 110(c) of the Mine Act with knowingly authorizing, ordering, or carrying out two alleged violations at the Morton Salt Weeks Island Mine. One order involved 30 C.F.R. § 57.9003 and had an initial assessment of $400, and the other involved 30…
Secretary of Labor v. Consolidation Coal Company
Mixed settlement order with one citation vacated
Consolidation Coal Company faced alleged violations at several West Virginia mines involving belt examinations, unsupported roof, obstructions, roof supports, fire sensors, haulage protection, ventilation, float coal dust, bleeder evaluation, combustible material, and preshift examinations. Judge…
Secretary of Labor v. Arthur Overgaard-Div./Mathy Construction Company
Settlement approved after fatal tail-pulley accident
The Secretary alleged that a 52-inch self-cleaning tail pulley on a crusher discharge belt conveyor was not guarded, and an employee became entangled and suffered fatal injuries. The violation was cited under 30 C.F.R. § 56.14001. The parties proposed reducing the penalty from $5,000 to $3,700…
Matter of Ligidakis
Judicial recommendation barred deportation
The Board reviewed a Greek lawful permanent resident's appeal from an Immigration Judge's decision finding him deportable for two crimes involving moral turpitude and denying discretionary relief. A California court had issued a recommendation against deportation for his robbery conviction within…
Matter of Cuello
Child living with natural parent required proof of adoptive control
The Board reviewed a United States citizen's visa petitions for two adopted relatives from the Philippines. The officer in charge denied the petitions after questioning whether the adoptions created a genuine parental relationship, but did not give the petitioner notice of the concerns or an…
Rushton Mining Company v. Secretary of Labor
Summary decision denied in hearing-conservation dispute
Rushton Mining challenged Citation No. 2889705, which alleged that the company failed to submit a hearing-conservation program plan within 60 days after a notice of violation. Rushton argued that the plan requirement applied only after a supplemental noise survey, while the Secretary argued that…
Secretary of Labor v. Coal Junction Coal Company, Inc.
Civil penalty proceeding dismissed
The Secretary brought a civil penalty proceeding against Coal Junction Coal Company, Inc. The Administrative Law Judge granted the Solicitor's motion and dismissed the case. The short order does not state the reason for the motion or address any mine-safety standard.
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.