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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Lincoln Sand And Gravel Co.
Three safety citations affirmed by default
Lincoln Sand and Gravel operated a sand and gravel mine. The judge found that a conveyor walkway had broken support braces, electrical junction and switch boxes lacked covers over 440-volt terminals, and a 2,200-volt transformer enclosure was not locked against unauthorized entry. The company did…
Marion County Limestone Company, Ltd.
Crusher-safety violations affirmed
Marion County Limestone operated a portable limestone plant where a quarry foreman stood on an operating jaw crusher and used a sledge hammer to break a lodged rock. The judge found that the foreman was not wearing a safety belt or line, was exposed to falling or sliding material, and was…
Department of the Air Force, 437th Air Base Group, Charleston Air Force Base and International Association of Fire Fighters, with American Federation of Government Employees, Local 1869
Charleston Air Force Base firefighters (FLRA 4-RO-80006): Separate unit petition dismissed
The International Association of Fire Fighters sought a bargaining unit for eligible Fire Department employees at the North Auxiliary Airfield in South Carolina. A regional director found that the proposed unit was not appropriate and dismissed the petition. The petitioner applied for Authority…
American Federation of Government Employees, Local 3884 and Veterans Administration Medical and Regional Office Center, Fargo, North Dakota
Fargo Veterans Administration center (FLRA 0-NG-1388): Reconsideration motion late
AFGE Local 3884 asked the Authority to reconsider an October 27, 1988, negotiability decision involving the Veterans Administration's Fargo center. The decision was mailed to the parties on October 27. Under the Authority's reconsideration rule and mailing allowance, a motion had to be filed by…
Matter of Garcia-Reyes
An unsupported rehabilitation continuance required correction
The Service appealed a six-month continuance granted to a Honduran respondent in deportation proceedings after a recent cocaine-sale conviction. The Board held that the immigration judge had not shown that the respondent was eligible for relief for which rehabilitation would matter, so the…
Department of Health and Human Services, Social Security Administration, Kenosha, Wisconsin and American Federation of Government Employees, Local 1346
SSA Kenosha unit case (FLRA 5-CU-80007): Regional order became Authority action
A regional director issued a decision on AFGE Local 1346's unit clarification petition involving the Social Security Administration in Kenosha. The Authority's order says the regional director granted the petition and the union filed a timely review application. Because the Authority did not grant…
Oneida Coal Company, Inc.
Roof-control violation affirmed and settlement approved
Oneida Coal faced two Mine Act proceedings at its No. 11 Mine, involving roof control and accumulated float coal dust. Judge Roy J. Maurer approved a $1,000 settlement for the float coal dust order without reducing the proposed penalty. He found that Oneida violated its roof control plan because…
Cyprus Plateau Mining Corporation
Discrimination complaint dismissed
Ernie L. Bruno alleged that Cyprus Plateau Mining discharged him because he reported float coal dust and stopped a shuttle car to water the entry. Judge John J. Morris found that the complaint was filed more than four years after the discharge and that the delay materially prejudiced the operator…
Green River Coal Company
Consolidated mine proceedings partly modified and settled
Green River Coal Company's No. 9 Mine faced consolidated proceedings over ventilation, explosives storage, roof control, and related civil penalties. Judge Gary Melick found one ventilation order unproven and vacated it, while modifying three other orders to section 104(a) citations and assessing…
Marion Docks, Inc.
Loading facility held subject to MSHA jurisdiction
Marion Docks challenged MSHA's authority over its coal loading facility and argued that the facility was not a mine under the Mine Act. Judge George A. Koutras found that the facility weighed, stored, mixed, crushed, sized, and loaded coal, including custom blending to meet customer specifications…
Local Union 9958, District 22, United Mine Workers of America v. Kaiser Coal Corporation
Local Union 9958, District 22, UMWA v. Kaiser Coal Corporation (FMSHRC WEST 87-186-C): Shift compensation awarded, one-week claim denied
A withdrawal order at Kaiser's Sunnyside No. 1 Mine idled miners working on the 20th and 21st left sections. Judge August F. Cetti found that the order caused the idlement and entitled the affected miners to compensation for the balance of the shift and up to four hours of the next shift. Because…
Local Union 2274, UMWA v. Clinchfield Coal Company
Compensation and interest award upheld, formula modified
After an underground explosion and an imminent-danger withdrawal order idled miners at Clinchfield Coal's McClure No. 1 Mine, Local Union 2274 sought one-week compensation and related relief. The Commission held that the withdrawal order and later allegations of mandatory-standard violations…
Matter of P-
Work and tax records established known unlawful status
The Legalization Appeals Unit reviewed an English applicant's denied legalization application. He had entered as a B-2 visitor in 1979, worked without authorization, filed federal tax returns, and applied for a Social Security card before January 1, 1982. The Unit held that these records showed his…
Roger Thompson, Union Pres., on Behalf of Paul Luce v. Unimin Corporation
Discrimination complaint withdrawn
Paul Luce decided not to pursue his discrimination complaint against Unimin Corporation. Judge Michael A. Lasher, Jr. treated the signed discontinuance as a voluntary withdrawal under Commission Rule 11. He approved the withdrawal and dismissed the proceeding with prejudice.
National Federation of Federal Employees, Local 341 and Department of the Interior, Wapato Irrigation Project and Yakima Agency, Bureau of Indian Affairs
Wapato Irrigation Project (FLRA 0-NG-1585): Petition lacked written allegation
NFFE Local 341 sought review of a wage bargaining proposal involving the Wapato Irrigation Project and Yakima Agency. The union said the agency had orally called the proposal nonnegotiable but had not answered a written request for a written allegation. After the Authority asked it to cure the…
Social Security Administration, Field Operations, New York Region and American Federation of Government Employees, Local 3369
SSA New York region (FLRA 0-AR-1641): Arbitrability ruling too early for review
An arbitrator found a grievance involving the Social Security Administration's New York region arbitrable and said a hearing on its merits would follow. AFGE Local 3369 filed exceptions to that threshold ruling. The Authority held that the arbitrator had not yet issued a final award or remedy. It…
U.S. Steel Mining Co., Inc.
One sequence-switch citation vacated, one affirmed
U.S. Steel Mining was cited after inspectors found that two underground conveyor-belt sequence switches did not stop inby belts when the outby belts stopped. Judge James A. Broderick found that the test conclusively showed one switch was inoperable, while the evidence about the other switch was…
Matter of Kahi
Prior fraudulent marriage barred a later visa petition
The Board reviewed a United States citizen's petition for immediate relative status for her Lebanese spouse. The record showed that the spouse's earlier marriage had been arranged so he could remain in the United States, that the former spouse was paid $1,000, and that the couple did not live…
National Federation of Federal Employees, Local 589 and Veterans Administration Medical Center, Jackson, Mississippi
Jackson VA Medical Center (FLRA 0-NG-1608): Agency withdrew bargaining objection
NFFE Local 589 proposed that the Jackson Veterans Administration Medical Center notify its designated union representative before creating isolated pharmacist positions or assignments and rotate isolated assignments quarterly. The agency initially declared the proposal nonnegotiable, and the union…
American Federation of Government Employees, Local 644 and Department of Labor, Mine Safety and Health Administration, Pittsburgh Health Technology Center
MSHA Pittsburgh center (FLRA 0-NG-1605): Late negotiability petition dismissed
AFGE Local 644 sought review of a Mine Safety and Health Administration nonnegotiability allegation mailed on August 26, 1988. The Authority calculated a September 19 filing deadline, including the allowance for mail service. The union filed September 28. It argued that the allegation did not reach…
Rochester & Pittsburgh Coal Company
Citations split and penalties set
Rochester & Pittsburgh Coal Company contested five citations and one imminent danger withdrawal order at its Greenwich Collieries No. 2 Mine. Judge Gary Melick vacated one citation because the Secretary did not establish a measurable standard for a reasonably airtight separation, and vacated…
Panama Canal Commission, Republic of Panama Activity and Eugenio L. Morice
Panama Canal Commission (FLRA 6-DR-60001): Review application dismissed for missing information
Eugenio L. Morice applied for Authority review in a case involving the Panama Canal Commission's Republic of Panama activity. The Authority found the application incomplete under its representation case procedures and gave him until October 17, 1988, to provide the missing information. It warned…
Southern Ohio Coal Company
Orders split and penalty assessed
Southern Ohio Coal Company contested ventilation, equipment, and safeguard matters at the Martinka No. 1 Mine. Judge Avram Weisberger found that an approved ventilation plan did not require the curtain described in one order, so the related contest was sustained and Citation No. 2894708 was…
Matter of C-
An unexpected mailing delay preserved continuous residence
The Legalization Appeals Unit reviewed a Mexican applicant's application for temporary resident status after she was absent from the United States for 58 days, exceeding the ordinary 45-day limit. She said she intended to remain in Mexico for 30 days, but a letter from her husband containing money…
American Federation of Government Employees, Local 3369 and Department of Health and Human Services, Social Security Administration, Flat Bush District Office
SSA Flat Bush office (FLRA 0-NG-1489): Smoking area dispute withdrawn
AFGE Local 3369 proposed a location for a designated smoking area at a Social Security Administration district office. The local activity declared the proposal nonnegotiable, and the union petitioned the Authority for review. The parent Department of Health and Human Services then asked to withdraw…
Mid-Continent Resources, Inc.
Discovery requests partly granted
Mid-Continent Resources sought interrogatory answers and documents from the Secretary in a civil penalty proceeding involving the Dutch Creek No. 1 Mine. Judge John J. Morris protected the identities of miner witnesses and informants under Commission Rule 59, while requiring the Secretary to state…
Matter of Sea, Inc.
Specialized education and experience established professional equivalence
Sea, Inc., a technology-based manufacturer of marine radio communications equipment, petitioned to employ a Danish electrical engineer under the H-1 classification for a professional position. The director denied the petition, finding that the position and the beneficiary did not meet the…
Mosser Construction, Inc.
Construction citation settlement approved without penalties
OSHA cited Mosser Construction for serious, repeat, and other-than-serious conditions and initially proposed $2,300. The judge vacated the flammable-liquid, welding-cylinder, and aerial-lift items, while affirming an electrical grounding item without a penalty. In settlement, the Secretary withdrew…
Social Security Administration and American Federation of Government Employees, SSA General Committee
Social Security Administration (FLRA 0-AR-1606): Witness cost ruling unchanged by clarification
An arbitrator ruled that AFGE's SSA General Committee had to pay the costs of a witness it presented in an arbitration case. Neither party challenged that cost ruling in its initial exceptions, and the Authority denied the exceptions that were filed. Months later, the arbitrator clarified the…
Columbia Portland Cement Company
Settlement approved and $391 payment ordered
Columbia Portland Cement Company faced five violations at the Jonathan Limestone Mine. Judge Paul Merlin first required more information about a settlement for a grounding-conductor violation under 30 C.F.R. § 56.12025, then approved the amended settlement after the Secretary explained the…
Columbia Portland Cement Company
Settlement approved and $831 payment ordered
Columbia Portland Cement Company faced six citations originally assessed at a total of $831. After an earlier settlement proposal for $467.50 was disapproved, the Secretary submitted an amended motion returning to the original amounts. Chief Administrative Law Judge Paul Merlin approved the…
Columbia Portland Cement Company
Settlement approved and $2,603 payment ordered
Columbia Portland Cement Company faced 20 citations originally assessed at a total of $2,603. After an earlier settlement proposal for $1,463.80 was disapproved, the Secretary submitted an amended motion returning to the original amounts. Chief Administrative Law Judge Paul Merlin approved the…
Columbia Portland Cement Company
Sixteen settlements approved and $320 payment ordered
Columbia Portland Cement Company faced 20 violations at the Jonathan Limestone Mine, each originally assessed at $20. Four settlements had already been approved, and Chief Administrative Law Judge Paul Merlin approved the proposed settlements for the remaining 16 citations after the Secretary…
Columbia Portland Cement Company
Nineteen settlements approved and $380 payment ordered
Columbia Portland Cement Company faced 20 violations at the Jonathan Limestone Mine, each originally assessed at $20. One settlement had already been approved, and Chief Administrative Law Judge Paul Merlin approved the proposed settlements for the remaining 19 citations after the Secretary…
Clinchfield Coal Company
Discrimination settlement approved and proceeding dismissed
The Secretary filed a discrimination complaint on behalf of Dennis Wagner, alleging that Clinchfield Coal Company suspended and discharged him after he reported a safety violation to a federal inspector. The settlement required Clinchfield to pay Wagner interest on lost wages, comply with the Mine…
Royal C. Johnson Veterans Memorial Hospital, Sioux Falls, South Dakota and American Federation of Government Employees, Local 1509
Sioux Falls veterans hospital (FLRA 0-AR-1596): Late attempt to correct exceptions
AFGE Local 1509 filed exceptions to an arbitration award involving the Royal C. Johnson Veterans Memorial Hospital in Sioux Falls. The Authority identified filing deficiencies and ordered the union to submit the missing information by October 26, 1988. The union's attempted correction was dated and…
Consolidation Coal Company
Three settlements approved and $2,200 payment ordered
Consolidation Coal Company agreed to settle three orders issued at the Robinson Run No. 95 Mine. The settlements reduced the assessments for combustible material along a belt conveyor from $1,100 to $850 and for a missing track-switch barrel from $1,000 to $650, while leaving a $700 roof-plan…
Hoover Incorporated
Safety-belt and brake citations affirmed
Hoover Incorporated contested two citations issued at its Donelson Pike Quarry and Mill, one after an employee worked on an elevated I-beam without a safety belt or line and one after a haulage truck continued rolling when its foot brakes were applied. Judge George A. Koutras found both violations…
Fleniken's Sand and Gravel, Incorporated
Life-jacket citation vacated
Fleniken's Sand and Gravel received a citation after an inspector observed that a dredge operator was not wearing a life jacket while working on a sand and gravel dredge. Judge George A. Koutras found that the Secretary had not shown a credible factual basis that the operator was in danger of…
Southern Ohio Coal Company
Safeguard order modified on remand
These Southern Ohio Coal proceedings returned to Judge Roy J. Maurer after the Commission directed further consideration of the significant-and-substantial finding, unwarrantable-failure finding, and penalty for Order No. 2705915. The Judge denied the operator's motion to reopen for more evidence…
Department of the Interior, Bureau of Reclamation and Lower Colorado Regional Office, with American Federation of Government Employees, Local 1978
Lower Colorado Reclamation Office (FLRA 9-CA-70317): Sunday premium pay restored
Employees at the Bureau of Reclamation's Lower Colorado Regional Office had long received a 25 percent premium for regularly scheduled Sunday work. The Washington Bureau directed the regional office to stop that payment despite AFGE Local 1978's request to bargain. The Authority held that Sunday…
Department of the Navy, Naval Weapons Station Concord and American Federation of Government Employees, Local 1931
Naval Weapons Station Concord (FLRA 9-CA-60349): Firefighter workplace changes required bargaining
Naval Weapons Station Concord changed firefighters' mustache grooming rules, standby room clothing, T-shirt colors, and lunch period without giving AFGE Local 1931 notice and a chance to bargain. The Authority adopted the judge's finding that the changes violated the federal labor statute. It…
Bureau of Reclamation, Lower Colorado Region, Yuma Projects Office and National Federation of Federal Employees
Yuma Projects Office (FLRA 8-CA-70558): Employee names and addresses ordered disclosed
The National Federation of Federal Employees requested names and home addresses for employees represented by its Local 1487 at the Bureau of Reclamation's Yuma Projects Office. The Bureau refused. An administrative law judge found an unfair labor practice, and the Authority adopted that finding…
Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1485
Marine Corps Logistics Base Barstow (FLRA 8-CA-70003): Union activity complaints dismissed
AFGE Local 1485 alleged that the Marine Corps Logistics Base in Barstow lowered a union steward's performance rating because of union activity and improperly stopped his investigation of an employee complaint. The Authority found that an earlier settlement barred the allegation about the rating…
Department of Defense Dependents Schools and Overseas Federation of Teachers
Defense Dependents Schools (FLRA 1-CA-40196): Travel funding protected, academic freedom clause rejected
The Department of Defense Dependents Schools disapproved two provisions imposed during impasse proceedings for its Mediterranean Region: one on teachers' academic freedom and one on travel and per diem for union representatives at regional meetings. After a court remand, the Authority held that the…
International Association of Machinists and Aerospace Workers and Department of the Treasury, Bureau of Engraving and Printing
Bureau of Engraving and Printing (FLRA 0-NG-1541): Some leave proposals negotiable
The Machinists union appealed the Bureau of Engraving and Printing's refusal to bargain over 15 workplace proposals. They covered sick and annual leave, leave without pay, overtime, breaks, staffing, temporary employees, and transportation after overtime. The Authority found the sick leave notice…
American Federation of Government Employees, Local 1592 and Department of the Air Force, Hill Air Force Base
Hill Air Force Base (FLRA 0-NG-1450): Employee debt grievance option negotiable
AFGE Local 1592 negotiated a provision for Hill Air Force Base employees who disputed salary overpayments allegedly owed to the Air Force. It offered a choice between the Debt Collection Act hearing process and the negotiated grievance process, with collection delayed while an elected grievance was…
National Federation of Federal Employees, Local 2058 and U.S. Army Aberdeen Proving Ground, Installation Support Activity
Aberdeen Proving Ground (FLRA 0-NG-1342): Drug testing sample proposal partly negotiable on remand
NFFE Local 2058 proposed procedures for drug testing civilian employees at Aberdeen Proving Ground. After a court remand, the Authority reconsidered two proposals in light of final federal workplace drug testing guidelines. Proposal 6 assumed initial on-site testing, which the Army had…
Department of the Air Force, Carswell Air Force Base, Texas and American Federation of Government Employees, Local 1364
Carswell Air Force Base (FLRA 0-AR-1603): Agency exceptions dismissed as premature
An arbitrator ordered Carswell Air Force Base to reevaluate candidates for a promotion using a revised point system. He retained jurisdiction so the union could challenge the fairness of the reevaluation. The Air Force appealed the arbitrator's July 1988 award, but the Authority found that the…
American Federation of Government Employees, Local 1568 and U.S. Department of Housing and Urban Development
HUD accounting technician (FLRA 0-AR-1590): Communication rating left unchanged
A HUD accounting technician challenged her annual performance appraisal. An arbitrator raised three element ratings to Outstanding but left the rating for "Communication with Others" at Satisfactory, finding insufficient evidence to change it. AFGE Local 1568 argued that this element was unfair and…
Army and Air Force Exchange Service and American Federation of Government Employees, Region Council 236
Army and Air Force Exchange Service (FLRA 0-AR-1553): Downgrade exception outside Authority jurisdiction
An Army and Air Force Exchange Service driver was downgraded after vehicle accidents and also suspended for 14 days. An arbitrator overturned the suspension but upheld the downgrade. AFGE Region Council 236 challenged the downgrade ruling. The Authority dismissed the challenge because a downgrade…
Food and Drug Administration, Region II and American Federation of Government Employees, Council 242
FDA Region II (FLRA 0-AR-1552): Five-day suspension upheld after interview challenge
An FDA Region II employee was suspended for five days after an investigation into his taking of government film for personal use. AFGE Council 242 argued that the agency failed to give the required annual notice of representation rights and that the investigatory interview violated the employee's…
Social Security Administration and National Council of Social Security Administration Field Operations Locals, Council 220, American Federation of Government Employees
Social Security Administration (FLRA 0-AR-1551): Union exceptions to arbitration award denied
The Social Security Administration and AFGE Council 220 had a long-running dispute over official time for employee representation. After the Authority set aside an earlier arbitrator's order claiming exclusive jurisdiction, the parties selected Arbitrator Ira F. Jaffe to determine the earlier…
Matter of Caron International, Inc.
Preeminence supported an H-1 business petition
Caron International, a manufacturer and dyer of hand-knitting and industrial yarns, petitioned to employ a beneficiary as its vice-president of manufacturing under the H-1 classification. The Commissioner found that the position was not professional because the record did not show that it required…
Department of the Air Force, Scott Air Force Base and National Association of Government Employees, Local R7-23
Scott Air Force Base (FLRA 5-CA-20109): Battery Shop schedule complaint dismissed on remand
Scott Air Force Base moved its sole Battery Shop employee from an early morning shift to daytime hours to improve battery availability and employee safety. NAGE Local R7-23 challenged implementation of the change while bargaining was unresolved. On remand, the Authority found that the Air Force had…
United States Information Agency, Voice of America and National Federation of Federal Employees, Local 1418
Voice of America (FLRA 3-CA-70062): Radio technician preparation and cleanup times restored
Voice of America cut radio technicians' preparation and cleanup periods from 15 minutes each to 10 and 5 minutes. NFFE Local 1418 argued that the agency had to bargain over the decision itself. The Authority found that the parties had negotiated this subject before August 19, 1972, so section 704…
Veterans Administration, Washington, D.C. and National Federation of Federal Employees
Veterans Administration (FLRA 3-CA-50147): Nurse pay consultation complaint dismissed on remand
The National Federation of Federal Employees said the Veterans Administration should have consulted it before withholding an annual comparability pay increase from nurses. The Authority had earlier found a violation, but a federal appeals court rejected its underlying view of the VA's obligations…
American Federation of Government Employees, HUD Council 222 and Department of Housing and Urban Development
HUD Council 222 (FLRA 0-NG-887): Reduction in force competitive areas negotiable
AFGE HUD Council 222 proposed negotiating competitive areas case by case during reductions in force and using a headquarters-wide commuting area for headquarters employees. The Authority had rejected the proposals because they could affect employees outside the bargaining unit, but a court returned…
National Federation of Federal Employees, Local 29 and Department of the Army, U.S. Army Corps of Engineers, Kansas City District
Kansas City District Corps of Engineers (FLRA 0-NG-689): Reduction in force competitive area negotiable
NFFE Local 29 proposed a geographic competitive area for reductions in force at the Army Corps of Engineers' Kansas City District. The Authority had earlier rejected the proposal because it affected employees outside the bargaining unit, but a court sent the issue back. Applying a standard focused…
Federal Employees Metal Trades Council of Charleston and Charleston Naval Shipyard
Charleston Naval Shipyard (FLRA 0-NG-1556): Shutdown work assignment provision rejected
The Federal Employees Metal Trades Council negotiated a provision requiring Charleston Naval Shipyard to try to provide available work during temporary shutdowns to employees without annual leave. The agency head disapproved the disputed part of the provision. The Authority held that it could force…
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.