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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Monument Mining Corporation and Island Creek Coal Company
Compensation case dismissed after agreement
United Mine Workers of America Local Union 5817 brought a compensation proceeding against Monument Mining Corporation and Island Creek Coal Company. After a court and Commission remand, the parties agreed that no liability issue remained and resolved the compensation, interest, and litigation-cost…
Pittston Coal Group/Clinchfield Coal Company
Discrimination complaint dismissed
Lindia Sue Frye worked as a mechanic for Pittston Coal Group/Clinchfield Coal Company. She claimed that the company discharged her because she objected to safety meetings held near the men's bathroom and because she refused to work after experiencing dizziness. Judge Avram Weisberger found that her…
Amber Coal Company
Default order vacated and case remanded
MSHA cited Amber Coal Company after a fatal roof fall accident at its No. 7 mine and proposed an $8,500 penalty for an alleged roof-control violation. Amber did not answer the complaint, so an ALJ entered a default order. Amber's letter to the Department of Labor was dated before the default order…
Matter of M-
A guilty plea followed by punishment constituted a conviction
The Commissioner-designated Legalization Appeals Unit reviewed a 23-year-old Mexican applicant's appeal from the denial of temporary resident status under the legalization program. He had pleaded guilty to a third-degree felony, received a $1,000 fine, and was placed on probation for three years…
Birchfield Mining Company
Pre-shift citation modified and penalty remanded
MSHA cited Birchfield Mining Company after miners entered the No. 1 underground coal mine before the required pre-shift examination had been completed and recorded. The ALJ found a violation that was significant and substantial, resulted from unwarrantable failure, and warranted a $400 penalty. The…
Emery Mining Corporation and/or Utah Power & Light Company, Docket No.
Emery Mining Corporation and/or Utah Power & Light Company (FMSHRC WEST 87-130-R): Finality certified in consolidated proceedings
This order addressed consolidated contest and civil penalty proceedings involving Emery Mining Corporation and Utah Power & Light Company at the Wilberg Mine. The Secretary asked the Commission to review an earlier order that removed Utah Power & Light from 30 modified citations and orders. The…
Emery Mining Corporation and/or Utah Power & Light Company
Consolidated matters returned to the Docket Office
This order addressed a group of contest and civil penalty proceedings involving Emery Mining Corporation and Utah Power & Light Company at the Wilberg Mine. After a Commission remand, the judge entered final judgment for Utah Power & Light in the listed cases. The parties agreed that Emery either…
Bowling Mountain Mining Corporation
Fatal roof fall violations settled for $7,000
MSHA cited Bowling Mountain Mining Corporation for five violations after a roof fall at Mine No. 2 killed acting foreman Truman Faulkner. The violations concerned roof support, a required preshift examination, miner training, and reporting the fatal accident. The judge approved a settlement…
Roy Kay, Inc.
Need for more investigation does not extend contest deadline
Roy Kay missed the 15-working-day deadline while trying to contact employees and investigate OSHA's allegations during the summer vacation season. The company also said it had never been cited before and had no legal department, so it did not appreciate the deadline's significance. The citation and…
Louisiana-Pacific Corporation
Management transition does not excuse late contest
Louisiana-Pacific received OSHA citations on June 13, 1986, but did not file a notice of contest until August 29. The company said the citations were overlooked during a management transition and the incoming manager did not learn of them until OSHA requested payment. The Commission held that it…
Westwood Energy Properties
MSHA jurisdiction and contested violations affirmed
Westwood Energy Properties operated a culm bank and processed refuse from a former anthracite coal mine into fuel for electrical power generation. The judge held that the facility was a mine and that its work preparing coal brought it within MSHA jurisdiction, even though Westwood did not extract…
Tunnelton Mining Company
Weekly air-course examination violation modified
MSHA cited Tunnelton Mining Company for failing to examine and record examinations of portions of a return aircourse at the Marion Mine. The judge found that the violation of the weekly examination standard was proven because safe areas and travelways to bleeder examination points were not being…
Southern Ohio Coal Company
Discrimination complaint withdrawn and dismissed
Phyllis A. Palmieri did not appear for a scheduled hearing in her discrimination proceeding against Southern Ohio Coal Company. The judge issued an order to show cause after her absence. Palmieri then asked for permission to withdraw the complaint. The judge granted the request under 29 C.F.R. §…
Matter of Eastern Airlines, Inc., Flight #798
Fine affirmed for undocumented passenger
The Board reviewed a $1,000 fine imposed on Eastern Airlines after it brought a passenger from Jamaica who claimed lawful permanent resident status but did not have the required entry documents. The Board held that fine liability turns on whether the passenger possessed proper documents when she…
Mathies Coal Company
Accident reporting and coal-dust violations affirmed
Mathies Coal Company was cited after a miner injured his knee at the Mathies Mine and the operator did not report the injury on the required MSHA form within ten working days. The judge credited the miner's account and found that the injury occurred at the mine and required reportable medical…
Lehigh Portland Cement Company
Discrimination complaint dismissed
Gerard Sapunarich, a miner safety representative, complained about dust and other safety conditions at Lehigh Portland Cement Company's Cementon Plant. The company suspended him for three days without pay after a confrontation with the plant manager in which he used threatening language. The judge…
Energy Fuels Coal, Inc.
Two citations vacated and three affirmed
The Secretary charged Energy Fuels Coal, Inc. with five regulatory violations at the Southfield Mine across two dockets. The Secretary moved to vacate two citations under 30 C.F.R. § 75.323 because the evidence was insufficient, and the judge granted that motion. The parties accepted the remaining…
Jim Walter Resources, Inc.
Nonpermissible distribution box violation affirmed
MSHA found a nonpermissible electrical distribution box in a crosscut at Jim Walter Resources' No. 5 underground coal mine. The Commission held that the crosscut was the last open crosscut between the relevant entries, so the equipment violated the Mine Act standard requiring permissible equipment…
Quantum Chemical Corporation, Emery Division
Hot-water tank citation withdrawn
A Quantum Chemical employee suffered serious burns when heated water erupted from an uncovered tank as he operated a valve beneath it. OSHA cited the company for failing to provide protective shields or barriers. The judge found the personal protective equipment standard applicable, affirmed the…
Kentucky Mountain Reserve, Inc.,
Proposed settlement denied
The Secretary proposed settling Kentucky Mountain Reserve's civil penalty case for $10,000. The proposed agreement included a disclaimer stating that the settlement could not be used for other purposes and did not establish a standard of care or adjudge compliance. Judge Gary Melick found the…
Kentucky Mountain Reserve, Inc.
Proposed settlement denied
The Secretary proposed settling Kentucky Mountain Reserve's civil penalty case for $10,000. The proposed agreement included a broad disclaimer stating that the settlement could not be used for other purposes and did not establish a standard of care or adjudge compliance. Judge Gary Melick found the…
Conatser v. Red Flame Coal Company, Inc.
Discrimination claim dismissed
Charles Conatser refused to drive an 85-ton rock truck after being told that his loader was inoperable and the haulroads were covered with snow. The Commission accepted that his work refusal was based on a reasonable, good faith belief that driving conditions were hazardous. It nevertheless held…
Peabody Coal Company
Cab and canopy violation affirmed
MSHA cited Peabody Coal Company after inspectors observed mobile bridge carriers operating without protective cabs or canopies at the Camp No. 11 Mine. The Commission held that an MBC is self-propelled electric face equipment when it is taken into the last open crosscut, and that the first MBCs in…
Emery Mining Corporation
Interlocutory review remanded for finality determination
The Commission considered the Secretary's request for interlocutory review of an ALJ order that removed Utah Power and Light Company from 30 modified citations and orders. The parties disagreed about whether that order was final or interlocutory. The Commission held that Rule 54(b) applies to…
Utah Power & Light Company
Self-rescue training citation vacated
MSHA cited Utah Power & Light after three miners did not answer two questions about the location and duration of self-contained self-rescuers during an inspector's interview. Judge John J. Morris found that the company had provided repeated hands-on and refresher training, maps, and instruction…
Eastside Coal Company, Inc.
Settlement approved with abatement orders vacated
Eastside Coal operated a small underground coal mine and contested citations involving noise sampling and other safety requirements, along with orders alleging failures to abate. The parties agreed that the underlying citations would remain in place with reduced penalties, while the related 104(b)…
Matter of Barrera
New evidence did not establish a prima facie asylum claim
The Board dismissed a Cuban Marielito's appeal from the denial of a motion to reopen exclusion proceedings. The applicant argued that Cuban returnees faced persecution based on membership in a social group, political opinion, or nationality, relying on evidence about 201 Marielitos repatriated to…
Mid-Continent Resources, Inc.
Evidence on alleged enforcement abuse excluded
Mid-Continent Resources wanted to present evidence that MSHA's enforcement documents reflected a pattern of harassment and enforcement abuse. The Secretary asked the judge to exclude that evidence and evidence about whether MSHA followed its own penalty-proposal regulations. Judge Michael A…
Mid-Continent Resources, Inc.
Evidence on alleged enforcement abuse excluded
Mid-Continent Resources wanted to present evidence that MSHA's enforcement documents reflected a pattern of harassment and enforcement abuse. The Secretary asked the judge to exclude that evidence and evidence about whether MSHA followed its own penalty-proposal regulations. Judge Michael A…
Blue Circle Atlantic, Incorporated
Barricade violation affirmed
MSHA cited Blue Circle Atlantic after an unsecured propane cylinder and hand truck were left on a pitched roof above an unbarricaded roadway and conveyor walkway at its Tulsa plant. Judge George A. Koutras found that the materials created a safety hazard that was not immediately obvious to…
Williams Enterprises of Georgia
Steel-erection safety-net item reinstated
Williams was the steel-erection subcontractor on a high-rise project where employees worked on perimeter beams and columns without exterior fall protection. The Commission had previously vacated the safety-net item after concluding that steel-erection rules displaced the general construction…
Pennsylvania Electric Company
Conveyor citations affirmed under Mine Act jurisdiction
MSHA cited Pennsylvania Electric Company for failing to adequately guard the head drives of two conveyors at its Homer City electric generating station. The judge decided that the conveyor drives were part of a facility used to prepare coal because the coal traveled through them before being…
Cannelton Industries, Inc.
Discrimination settlement approved
Raymond Long brought a Mine Act discrimination proceeding against Cannelton Industries after a workplace incident and a written warning. The settlement required the company to send Long a letter, post it at the mine for 30 days, expunge the warning, avoid using the incident in future disciplinary…
Zeigler Coal Company
Settlement approved and citation modified
MSHA brought a civil penalty case against Zeigler Coal Company over Citation No. 3042299 at the Spartan Mine. After the inspector testified, the parties proposed reducing the negligence finding from high to low, withdrawing the unwarrantable-failure allegation, and reducing the proposed penalty…
Nally and Hamilton Enterprises, Inc.
Discrimination complaint dismissed
Ford Allen Amos alleged that Nally and Hamilton Enterprises fired him after a dispute about docked pay and complaints to company management. The company said Amos quit voluntarily. Judge Gary Melick found that Amos returned to work immediately after the alleged firing, continued working for about…
Matter of A-
Public-charge analysis required the totality of circumstances
The Board sustained a Mexican applicant's appeal from denial of temporary resident status under the legalization program. The Service treated public cash assistance received by the family as showing she was likely to become a public charge, although she had begun working and was 33, physically able…
Matter of Atembe
Later paternity amendment did not preserve an earlier priority date
A lawful permanent resident from Cameroon petitioned for preference status for his unmarried son, who was born outside marriage. The Board found that the petitioner had not shown that the child was legitimate at birth or had been legitimated under Cameroonian or New York law when the visa petition…
Faith Coal Company
Settlement approved and citations affirmed
MSHA brought a civil penalty case against Faith Coal Company involving two citations at the Goforth Mine. The settlement reduced the negligence factor for Citation No. 2808790 from high to moderate and reduced the combined proposed penalty from $179 to $156. Judge Roy J. Maurer approved the…
James River Limestone Company, Inc.
Hazardous ground citation affirmed
MSHA cited James River Limestone after a blast exposed an underground cavern and inspectors found unstable ground and cracks near quarry equipment. Judge George A. Koutras found that trucks and a shovel were operating close enough to the cavern for the ground to give way and create a serious injury…
Maine Army National Guard, Camp Keyes and Association of Civilian Technicians, with American Federation of Government Employees, Local 3012
Maine Army National Guard (FLRA 1-RO-80003): Representation review deferred
A regional director issued a decision and direction of election involving the Maine Army National Guard at Camp Keyes. AFGE Local 3012 applied for Authority review, and the Association of Civilian Technicians opposed that application. With two Authority seats vacant, the Acting Chairman postponed…
Adkins Coal Corporation
Discovery permitted in civil penalty case
The Secretary sought permission to obtain documents from Adkins Coal Corporation after filing a discovery motion more than 20 days after the civil penalty petition. The requested material included a mine foreman's personal notebook, which the company argued was attorney work product. Judge Avram…
Consolidation Coal Company
Discrimination complaints dismissed
Randy G. Cunningham filed two Mine Act discrimination complaints against Consolidation Coal Company. The Commission issued show-cause orders seeking information about the complaints and gave Cunningham an opportunity to explain the failure to respond. The records showed that he received the orders…
Gosser Construction Company
Discrimination proceeding dismissed
Jackie Sanders brought a Mine Act discrimination proceeding against Gosser Construction Company. She did not appear at the scheduled hearing and did not respond to the later order requiring her to explain the absence. Judge Gary Melick dismissed the proceeding.
Decondor Coal Company, Inc.
Temporary reinstatement ordered
David S. Haynes alleged that Decondor Coal Company fired him after he stopped work and removed miners from an area because he believed electrical and water conditions were hazardous. Judge Avram Weisberger found that the complaint was not frivolously brought. Because the afternoon-shift job had…
Consolidation Coal Company
Coal-dust orders modified and $550 assessed
MSHA cited Consolidation Coal Company for coal-dust accumulations at the Blacksville No. 1 and Dilworth mines. At Blacksville, Judge Avram Weisberger found a violation but rejected the unwarrantable-failure and significant-and-substantial designations, modified the order to a section 104(a)…
Mid-Continent Resources, Inc.
Enforcement-discretion claims dismissed
Mid-Continent Resources contested an order alleging that an intake-air escapeway at the Dutch Creek Mine was not maintained in a safe, travelable condition. The company also claimed that MSHA had pursued an abusive enforcement policy against the mine. Judge John J. Morris held that the Commission…
Randy Rothermel, Individually and D/B/A Tracey & Partners
Multiple citations modified or vacated
The Secretary brought three consolidated civil penalty proceedings against Randy Rothermel and Tracey & Partners at the Tracey Slope Mine. Judge Avram Weisberger found several violations involving escapeways, mine ventilation and maps, electrical equipment, and reporting requirements, while…
Karst Robbins Coal Company, Inc.
Electrical and roof-safety violations affirmed
Karst Robbins Coal Company operated the No. 4 coal mine. The judge found that the company allowed an unqualified miner to work on a 480-volt trailing cable without direct supervision, failed to lock out or tag the circuit, kept a power center in a return air course, and left unsupported roof in a…
American Federation of Government Employees, National Council of Field Labor Locals and Department of Labor, Mine Safety and Health Administration Academy
MSHA Academy (FLRA 0-NG-1618): Bargaining petition missed filing deadline
AFGE's National Council of Field Labor Locals sought review of a nonnegotiability allegation by the Mine Safety and Health Administration Academy. The union received the written allegation on October 11, 1988. Even treating that date as the service date, the union needed to file by October 26. Its…
Matter of S-
Fraudulent entry created unlawful status for legalization purposes
The Commissioner-designated Legalization Appeals Unit reviewed a Filipino immigrant's appeal from denial of temporary resident status under the legalization program. She had entered as a permanent resident after obtaining a visa as the unmarried daughter of a lawful permanent resident, but she had…
Consolidation Coal Company
One citation vacated and two orders affirmed
Consolidation Coal was assessed civil penalties for three alleged safety violations at its Robinson Run No. 95 Mine. The judge dismissed the penalty petition for an injury-reporting citation after the Secretary advised that MSHA was vacating it. The judge found that welding outside a shop was not…
Matter of Roman
Combined immigration relief was unavailable without separate eligibility
The Board dismissed a Mexican lawful permanent resident's appeal from a deportation order. She had reentered after a prior deportation without permission to reapply and without a valid immigrant visa, and she sought section 241(f) relief and retroactive permission to reapply. The Board held that…
U.S. Immigration and Naturalization Service and American Federation of Government Employees, Local 1917
Immigration and Naturalization Service (FLRA 0-AR-1653): Earlier late filing dismissal rescinded
AFGE Local 1917 filed exceptions to an arbitration award in a case involving the Immigration and Naturalization Service. The Authority initially presumed that the award was mailed on its October 25, 1988, date and calculated a November 28 deadline. Because the union filed on December 3, the…
The Helen Mining Company
No unwarrantable failure affirmed
The Commission reviewed whether The Helen Mining Company unwarrantably failed to comply with the mandatory roof-control standard at its Homer City Mine. Inspectors found gaps between forepole pads and the mine roof in a shortwall section, and the company was cited under 30 C.F.R. § 75.200. The…
Matter of Rivera-Rioseco
Retroactive residence supported further relief review
The Board reviewed a Cuban respondent's deportation case after a marijuana-trafficking conviction and held that deportability had been established. Because his lawful permanent resident status under the Cuban Refugee Adjustment Act was retroactive to 30 months before his adjustment application, he…
National Federation of Federal Employees, Local 1745 and Veterans Administration Data Processing Center, Austin, Texas
Veterans Administration Austin center (FLRA 0-NG-1622): Petition lacked a specific bargaining proposal
NFFE Local 1745 petitioned for review of a negotiability issue involving a Veterans Administration data processing center in Austin. The Authority required the union to provide the specific language it had proposed to the agency. The union responded that it had submitted no specific proposal…
Southern Ohio Coal Company
Dust citation vacated and proceeding dismissed
The Commission reviewed a citation alleging that Southern Ohio Coal Company's respirable-dust concentration exceeded the limit in 30 C.F.R. § 70.100(a). The citation was based on twelve samples averaging 2.1 milligrams of dust per cubic meter. The Secretary later determined that one sample was not…
Consolidation Coal Company
Discrimination proceeding dismissed under settlement
James D. Grimes brought a Mine Act discrimination proceeding against Consolidation Coal Company. The order states that the case was dismissed pursuant to a settlement approved when the matter was called for hearing on October 4, 1988. No safety standard was adjudicated in the order.
National Mines Corporation
Discrimination settlement approved
The Secretary alleged that National Mines Corporation discriminated against Patrick Stanfield after he made safety complaints. The proposed settlement required the company to pay Stanfield $1,618.81 in gross wages for a 12-working-day suspension, expunge records of the suspension, and provide only…
Barretto Granite Corporation
Late contest dismissed after court reversal
Barretto orally disputed OSHA's citations at an informal conference within the contest period but did not send written confirmation until after the deadline. The Commission had previously treated the oral dispute as a valid contest and later affirmed vacatur when the Secretary declined to prosecute…
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.