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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National Federation of Federal Employees, Local 341 and Department of the Interior, Bureau of Indian Affairs, Yakima Agency and Wapato Irrigation Project
Wapato Irrigation Project wages (FLRA O-NG-1367): Wage proposal negotiable after pay cap
NFFE Local 341 proposed a wage schedule and pay protection for prevailing rate employees at the Yakima Agency and Wapato Irrigation Project. The Bureau of Indian Affairs argued that the proposal conflicted with a federal pay cap and that its provision against reducing pay was outside the historic…
American Federation of State, County and Municipal Employees, Local 2477 and Library of Congress
Library of Congress reorganization (FLRA O-NG-1276): Retroactive classification proposal rejected
AFSCME Local 2477 proposed making a Library of Congress reorganization retroactive to November 1985. That change would let Processing Assistants begin qualifying earlier for promotion from GS-5 to GS-6. The Authority found that the proposal's real effect was to reclassify the positions…
National Federation of Federal Employees, Local 2052 and Department of the Interior, Bureau of Land Management, Boise District Office
Boise BLM bargaining proposals (FLRA O-NG-1203): Mixed negotiability ruling
NFFE Local 2052 appealed the Bureau of Land Management's refusal to bargain over twenty proposals for its Boise District Office. The proposals covered arbitration, workplace safety, position descriptions, promotions, training, and travel. The Authority found several proposals or portions of them…
Association of Civilian Technicians and Pennsylvania National Guard
Pennsylvania National Guard flight engineer (FLRA O-AR-1443): Promotion remedy modified
An arbitrator ordered the Pennsylvania National Guard to select an employee for a flight engineer position after finding a violation of the parties' agreement. The Authority held that the arbitrator had not found the employee would have been chosen but for the agency's procedural errors, a finding…
Department of the Navy, Naval Underwater Systems Center and Federal Union of Scientists and Engineers/NAGE, Local R1-144
Naval Underwater Systems Center (FLRA 1-CA-60278): Union role on awards committee restored
The Naval Underwater Systems Center and the Federal Union of Scientists and Engineers had agreed to a joint committee for employee incentive awards. The center later removed all union representatives from the committee without bargaining, citing an earlier Authority ruling. The Authority held that…
Department of Health and Human Services, Social Security Administration, Region X, Seattle, Washington and American Federation of Government Employees, National Council of SSA Field Operations Locals, Region X, Seattle, Washington
Social Security Administration Region X and AFGE (FLRA 0-NG-1479): Negotiability petition dismissed after withdrawal
The Social Security Administration disapproved provisions in a local agreement negotiated with AFGE in Seattle. The union petitioned the Authority to review the agency's claim that the provisions were outside the duty to bargain. The agency later withdrew that claim. With no negotiability dispute…
American Federation of Government Employees, Local 2052 and Department of Justice, Bureau of Prisons, Federal Correctional Institution Petersburg
Petersburg prison sick leave (FLRA 0-NG-1413): Limits on absence inquiries nonnegotiable
AFGE Local 2052 proposed limits on how supervisors at the Petersburg federal prison could question or check on employees using sick leave. One proposal would stop supervisors from asking an employee to explain a medical condition when calling in sick. The other would bar routine visits or calls to…
American Federation of Government Employees, Local 2924 and Department of the Navy, Portsmouth Naval Shipyard
Portsmouth Naval Shipyard details (FLRA 0-NG-1398): Temporary promotion safeguard negotiable
AFGE proposed that Portsmouth Naval Shipyard not use details to higher-grade positions solely to avoid temporary promotions. The Authority found that this condition interfered with management's right to assign employees, but it also protected workers from losing higher pay when they performed…
National Treasury Employees Union Chapter 250 and Pension Benefit Guarantee Corporation
Pension Benefit Guarantee Corporation and NTEU Chapter 250 (FLRA 0-NG-1389): Computer terminal proposal rejected
NTEU Chapter 250 proposed delaying new performance objectives for benefits payment examiners until they had access to a specified computer system through desktop terminals in their work clusters. The Pension Benefit Guarantee Corporation was willing to discuss the timing but objected to the…
New York State Nurses Association and Veterans Administration, Bronx Medical Center
Bronx VA nurses (FLRA 0-NG-1187): Nineteen proposals receive mixed ruling
The New York State Nurses Association appealed the Bronx VA Medical Center's refusal to bargain over nineteen proposals affecting nurses. The Authority rejected the VA's broad claim that Title 38 and its personnel regulations removed these employees from federal labor bargaining rules. It then…
Social Security Administration and American Federation of Government Employees, Local 1760
Social Security Administration reprimand (FLRA 0-AR-1441): Union exceptions denied
The Social Security Administration reprimanded an employee for refusing to answer a supervisor's questions about alleged damage to a parking sign during work hours. An arbitrator found that the employee was not justified in refusing and that the reprimand had just cause. AFGE Local 1760 argued that…
National Treasury Employees Union and Department of Treasury, Office of Chief Counsel
Treasury Office of Chief Counsel and NTEU (FLRA 0-NG-1447): Grievance provisions for excepted service employees approved
The Treasury Office of Chief Counsel disapproved negotiated grievance and arbitration provisions to the extent they covered certain excepted service employees. The agency argued that federal law barred bargaining over those employees' ability to challenge adverse actions through the contract. The…
American Federation of Government Employees, Local 2029 and Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire
Portsmouth Naval Shipyard and AFGE Local 2029 (FLRA 0-NG-1376): Split ruling on shifts and overtime
AFGE proposed rules for shift changes and overtime assignments at Portsmouth Naval Shipyard. The Authority found the shift proposal negotiable because the Navy could still determine the skills needed and which employees had them before considering seniority. It found the overtime proposal…
Veterans Administration and American Federation of Government Employees
Veterans Administration and AFGE (FLRA 0-AR-1411): Suspension grievance remains denied
A Veterans Administration employee was suspended for 10 days for unacceptable conduct. The union argued that the employee had been denied an opportunity to respond orally to the proposed suspension, as required by 5 U.S.C. § 7503(b). The arbitrator found the employee's written response ambiguous…
International Organization of Masters, Mates, and Pilots, Panama Canal Branch and Panama Canal Commission
Panama Canal Commission and Masters, Mates, and Pilots (FLRA 0-AR-1406): Removal exception dismissed
The Panama Canal Commission removed an employee who then challenged the removal before the Merit Systems Protection Board. After that board upheld the removal, the union filed a grievance, but an arbitrator found it could not be arbitrated under the parties' agreement. The union asked the Authority…
Birchfield Mining Incorporated
Pre-shift examination citation affirmed with $400 penalty
MSHA cited Birchfield Mining Incorporated after miners entered the No. 1 Mine before the required pre-shift examination had been completed, reported, and recorded. Judge Gary Melick found that Birchfield violated 30 C.F.R. § 75.303(a), that the violation resulted from unwarrantable failure, and…
Youghiogheny & Ohio Coal Company
Penalty reassessed after remand
Youghiogheny & Ohio Coal Company operated the Nelms No. 2 Mine and was involved in a contest proceeding and a civil penalty proceeding. The Commission remanded the cases after holding that the cited “hole through” violation was not significant and substantial because a roof fall was not reasonably…
Smith v. Bow Valley Coal Resources, Inc.
Settlement approved and case dismissed
Harley M. Smith brought a discrimination case against Bow Valley Coal Resources under the Federal Mine Safety and Health Act. An ALJ had found that Bow Valley unlawfully discharged Smith and ordered reinstatement, approximately $52,880 in back pay plus interest, attorney fees, and costs. While the…
United Power Trades Organization and U.S. Army Corps of Engineers, North Pacific Division
Army Corps North Pacific Division and United Power Trades (FLRA 0-NG-1396): Four proposals rejected
United Power Trades sought to bargain over shift differentials, premium pay, environmental pay, and limits on employees' personal financial liability at the Army Corps of Engineers' North Pacific Division. The Authority found that the first three proposals would use pay procedures different from…
Newark Air Force Station and American Federation of Government Employees, Local 2221
Newark Air Force Station and AFGE Local 2221 (FLRA 0-AR-1374): Performance plan grievance may proceed
An employee at Newark Air Force Station challenged the legality of her performance standards and elements before she had been evaluated under them. An arbitrator denied the grievance as not arbitrable, relying on earlier Authority decisions about management's right to set performance plans. The…
M & M Construction Inc.
Guarding citations settled for $999
MSHA cited M & M Construction at the West Ann Road Pit for eight alleged violations of the machinery-guarding standard in 30 C.F.R. § 56.14001 and one alleged violation of 30 C.F.R. § 56.14006. The parties agreed to reduce each proposed penalty from $192 to $111, for a total of $999, and M & M…
Matter of A-G-
Military service requirement did not establish persecution
The Board dismissed a Salvadoran respondent's appeal from the denial of his motion to reopen deportation proceedings so he could apply for asylum. The respondent feared persecution if he refused military service and described violence in El Salvador, including attacks by soldiers and deaths…
Internal Revenue Service, Indianapolis District and National Treasury Employees Union, Chapter 49
IRS Indianapolis and NTEU Chapter 49 (FLRA 0-AR-1246): Backpay ruling restored on reconsideration
The Authority had earlier set aside an arbitrator's backpay award after finding that an IRS employee had not been converted to a part-time position. The union asked it to reconsider that ruling. Reexamining the record, the Authority found that the arbitrator's determination about the employee's…
Veterans Administration Medical Center, San Francisco and National Federation of Federal Employees, Local 1
San Francisco VA Medical Center and NFFE Local 1 (FLRA 9-CA-70206): Address disclosure order affirmed
NFFE Local 1 requested names and home addresses of bargaining unit employees at the San Francisco VA Medical Center. The center refused, arguing that the union had not explained its need, other ways to reach employees existed, and privacy law barred disclosure. The administrative law judge found no…
22nd Combat Support Group, March Air Force Base, California and American Federation of Government Employees, Interdepartmental Local 3854
March Air Force Base and AFGE Local 3854 (FLRA 8-CA-70434): Employee address refusal violates labor law
AFGE Local 3854 requested names and home addresses of bargaining unit employees at March Air Force Base. The 22nd Combat Support Group refused, arguing that privacy law barred release and that compiling the information would be too burdensome. The Authority found the information was kept in…
Department of the Interior, Bureau of Reclamation, Engineering and Research Center, Denver and International Federation of Professional and Technical Engineers, Local 128
Interior Bureau of Reclamation and IFPTE Local 128 (FLRA 7-CA-70349): Parent agencies liable for address refusal
IFPTE Local 128 asked the Bureau of Reclamation's Denver Engineering and Research Center for bargaining unit employees' names and home addresses. The center refused because the Department of the Interior and Bureau of Reclamation directed it to do so. An administrative law judge found that the…
U.S. Department of Defense, Department of the Air Force, Air Training Command, 3750th Air Base Group, Sheppard Air Force Base, Texas and American Federation of Government Employees, Local 3718
Sheppard Air Force Base and AFGE Local 3718 (FLRA 6-CA-70209): Employee addresses ordered disclosed
AFGE Local 3718 asked the Sheppard Air Force Base unit for employees' names and home addresses. The Air Force said it did not maintain a current address list and argued that privacy law barred disclosure. The parties stipulated that the agency could create the list within a reasonable time by…
U.S. Department of Labor, Employment Standards Administration, Chicago and Helen Wallace
Labor Department and Helen Wallace (FLRA 5-CA-70079): Reassignment complaint dismissed
The Labor Department reassigned a clerical employee to a position that added some correspondence typing as a critical performance element. The complaint alleged that the department should have notified the union and bargained over the change's impact and implementation. An administrative law judge…
Utah Power & Light Co.
Interlocutory review denied pending clearer liability theory
Utah Power & Light's Mining Division sought interlocutory review after an ALJ denied its motion for summary decision in proceedings arising from the Wilberg Mine fire and loss of life. Utah Power argued that it was not liable as Emery Mining Corporation's successor in interest, while the Secretary…
White County Coal Corporation
Withdrawal-order contests denied after remand
MSHA issued two section 104(d) withdrawal orders at White County Coal Corporation's Pattiki Mine after inspectors found a chalk centerline and footprints in areas of unsupported roof. The Commission remanded the case after reversing the ALJ's earlier modification of the orders to section 104(a)…
Matter of Lodge
Conclusory appeal notices do not preserve oral argument
The Board summarily dismissed a Jamaican respondent's appeal after an immigration judge found him deportable, denied adjustment of status and voluntary departure, and ordered deportation. The respondent's notice of appeal gave only a conclusory reason and he never filed the promised brief or…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 3615
Social Security Administration and AFGE Local 3615 (FLRA 0-AR-1334): Promotion remedy narrowed
A Social Security Administration analyst grieved his nonselection for two supervisory positions and a lowered performance rating. An arbitrator found national origin discrimination and ordered restoration of the rating, a previously approved quality pay increase, GM-14 backpay, and an offer of the…
Austin Power, Inc.
One safety citation reversed and one affirmed
Austin Power employees were installing a cross-pit spreader at the Big Brown Strip Mine when a boom moved unexpectedly after an eyelet failed. Steve Smith fell to his death, and two other employees were not injured. The Commission held that the Secretary did not prove a violation of the…
Fort Bragg Association of Educators, NEA and Department of the Army, Fort Bragg Schools
Fort Bragg Schools and educators' union (FLRA 0-NG-1405): Bargaining required on many school proposals
The Fort Bragg Association of Educators appealed the Army schools' refusal to bargain over 44 proposals affecting school employees. The Authority found many proposals negotiable, including portions concerning leave and other employment conditions, and ordered bargaining on those portions upon…
Federal Union of Scientists and Engineers, NAGE Local RI-144 and Department of the Navy, Naval Underwater Systems Center, Newport, Rhode Island
Naval Underwater Systems Center and NAGE Local RI-144 (FLRA 0-NG-1443): Drug possession discipline clause rejected
The Navy's Newport center negotiated guidelines for employee discipline with the union. The disputed proposal would allow discipline for unauthorized possession of drugs or related paraphernalia only when the possession was for personal use or intended sale. The union said the language would help…
National Treasury Employees Union and U.S. Department of Agriculture, Food and Nutrition Service, Mountain Plains Region
Agriculture Food and Nutrition Service and NTEU (FLRA 0-NG-1440): Probationer reconsideration clause rejected
NTEU proposed a contract article on terminating probationary employees at the Food and Nutrition Service. The disputed final sentence would require the agency to tell an employee in writing whether a proposed termination changed after a meeting with a higher level supervisor. The Authority read the…
American Federation of Government Employees, Local 683 and Department of Justice, Federal Correctional Institution, Sandstone, Minnesota
Sandstone correctional institution and AFGE Local 683 (FLRA 0-NG-1437): Cook foremen shift proposal rejected
The Sandstone federal correctional institution changed its schedule so cook foremen stayed on one shift for a full quarter. AFGE Local 683 proposed keeping the earlier, more frequent shift rotation. The Authority found that longer assignments helped foremen observe the conduct of inmates they…
American Federation of Government Employees, Council of Prison Locals, Local 1661 and Federal Bureau of Prisons, Federal Correctional Institution, Danbury
Danbury prison and AFGE Local 1661 (FLRA 0-NG-1331): Reconsideration request denied
AFGE Local 1661 sought reconsideration of an earlier Authority decision involving proposals at the Danbury federal correctional institution. The earlier ruling had severed one proposal for a separate decision, dismissed review of two because the record was unclear, and found two others outside the…
351st Combat Support Group, Whiteman Air Force Base and American Federation of Government Employees, Local 2361
Whiteman Air Force Base and AFGE Local 2361 (FLRA 0-AR-1409): Gate delay did not earn overtime
Employees at Whiteman Air Force Base finished work but could not leave for 15 to 30 minutes because the gates were closed during a surprise emergency exercise. Their union sought overtime pay for the delay. An arbitrator found the grievance arbitrable but concluded that the employees were not…
Immigration and Naturalization Service, Newark District and American Federation of Government Employees, Local 2149
INS Newark District and AFGE Local 2149 (FLRA 2-CA-60471): Mileage dispute sent to grievance process
The INS Newark District had reimbursed employees for all mileage when they used personal vehicles for certain temporary duty assignments. It changed the policy to pay only mileage beyond a normal home-to-work round trip, matching language in the national INS-AFGE agreement. AFGE Local 2149 alleged…
Consolidation Coal Company
Training citation and withdrawal order vacated
Consolidation Coal Company operated the Humphrey No. 7 underground coal mine. MSHA alleged that scoop operator Brad Slaman lacked task training under 30 C.F.R. § 48.7 after a mine accident in which another employee was pinned against a coal rib, and proposed a $900 penalty. Judge George A. Koutras…
Consolidation Coal Company
Ventilation citation modified and withdrawal order affirmed
Consolidation Coal Company operated the Robinson Run No. 95 underground coal mine. MSHA alleged that damaged haulage doors were allowing ventilating air to enter an intake escapeway, in violation of the approved ventilation plan and 30 C.F.R. § 75.316. Judge Gary Melick found the condition…
Nally and Hamilton Enterprises, Inc.
Untimely discrimination complaint dismissed
Bobby Sizemore alleged that Nally and Hamilton Enterprises discharged him in violation of the Mine Act's miner-protection provision. Judge Gary Melick found that Sizemore received notice of the Secretary's determination on May 7, 1987, but did not file his Commission complaint until July 6, 1987…
National Federation of Federal Employees, Local 15 and U.S. Army Armament Munitions and Chemical Command, Rock Island Arsenal
Rock Island Arsenal and NFFE Local 15 (FLRA O-NG-1436): Motorcycle safety proposal rejected
The Army planned to require motorcycle riders at Rock Island Arsenal to wear helmets, eye protection, long trousers, and high visibility garments. NFFE Local 15 proposed that clothing and equipment requirements instead follow the applicable state laws, which at the time imposed fewer of these…
Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard and Tidewater Metal Trades Council (FLRA 0-AR-1436): Reprimand upheld
Norfolk Naval Shipyard reprimanded an employee for wasting time, not following a supervisor's instructions, and poor workmanship. An arbitrator found the reprimand reasonable, progressive, fairly applied, and consistent with the labor agreement. The union argued that the arbitrator put the burden…
Oklahoma City Air Logistics Center, Tinker Air Force Base and American Federation of Government Employees, Local 916
Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-1389): Work time solicitation reprimand upheld
Oklahoma City Air Logistics Center reprimanded an employee for disrupting work by soliciting union membership during working hours. An arbitrator found the evidence supported the reprimand and denied the grievance. The union argued that the reprimand violated the agency's rules and labor agreement…
U.S. Department of Agriculture, Food and Nutrition Service, Midwest Region and National Treasury Employees Union
Agriculture Food and Nutrition Service and NTEU (FLRA 0-AR-1339): Union travel expense award upheld
An interest arbitrator directed the Food and Nutrition Service's Midwest Region and NTEU to include provisions for ordinary travel and per diem expenses incurred by union representatives during specified labor relations activities. The agency argued that pending court appeals prevented…
Emery Mining Corporation
Unwarrantable-failure finding reversed
Emery Mining Corporation operated the Deer Creek underground coal mine in Utah. MSHA cited the company after finding four roof bolts without bearing plates and determined that the violation of 30 C.F.R. § 75.200 was significant and substantial and caused by unwarrantable failure. The Commission…
Youghiogheny & Ohio Coal Company
Roof-control findings partly affirmed and remanded
Youghiogheny & Ohio Coal Company was cited for two violations of its approved roof control plan at the Nelms No. 2 underground coal mine. The Commission affirmed the unwarrantable-failure findings for both violations and affirmed the significant-and-substantial finding for the temporary…
Veterans Administration Medical Center, Fort Lyon, Colorado and Colorado Nurses Association, Fort Lyon Local
Fort Lyon VA Medical Center and nurses' union (FLRA 7-CA-70523): Staff nurse addresses ordered disclosed
The Colorado Nurses Association's Fort Lyon Local requested names and home addresses of staff nurses it represented at the VA Medical Center. The center supplied some names but refused the requested address information. It argued that disclosure was unnecessary for bargaining and prohibited by…
Veterans Administration, Washington, D.C., Veterans Administration Regional Office, Denver and American Federation of Government Employees, Local 1557
Denver VA Regional Office and AFGE Local 1557 (FLRA 7-CA-70270): Employee addresses ordered disclosed
AFGE Local 1557 requested names and home addresses of employees at the Denver VA Regional Office, including its Lakewood facility. The VA refused, arguing that release was prohibited by law and the information was not necessary for the union. An administrative law judge found the information was…
Veterans Administration, Clement J. Zablocki Veterans Administration Medical Center, Milwaukee and National Federation of Federal Employees, Local 3
Milwaukee Zablocki VA Medical Center and NFFE Local 3 (FLRA 5-CA-70211): Employee addresses ordered disclosed
NFFE Local 3 requested names and home addresses of nonprofessional employees it represented at the Milwaukee Zablocki VA Medical Center. The center refused, arguing that privacy law barred disclosure, the information was unrelated to bargaining, and the union had other ways to contact employees. An…
U.S. Navy, Naval Air Station Cecil Field, Florida and International Association of Machinists and Aerospace Workers, Naval Air Lodge 1630
Cecil Field Naval Air Station and Machinists Lodge 1630 (FLRA 4-CA-70514): Employee addresses ordered disclosed
Machinists Naval Air Lodge 1630 requested names and home addresses of bargaining unit employees at Cecil Field Naval Air Station. The Navy refused, arguing that privacy law barred disclosure and the union did not need the information for representation. An administrative law judge found the records…
Quinland Coals, Inc.
Unwarrantable-failure finding affirmed on remand
Quinland Coals operated the Quinland No. 1 Mine. On remand, Judge William Fauver found that dangerous roof conditions and broken timbers had been known or should have been known by mine management for at least one or two months before MSHA issued its order under 30 C.F.R. § 75.200. He concluded…
Rochester & Pittsburgh Coal Company
Ventilation order modified to citation
Rochester & Pittsburgh Coal Company operated the Greenwich Collieries No. 1 Mine. MSHA alleged that the mine was using an approved ventilation plan that did not cover its retreat mining system, in violation of 30 C.F.R. § 75.316, and issued a section 104(d)(2) order. Judge George A. Koutras…
Randy Rothermel/Tracey Partners
Inspection-refusal citations vacated
Randy Rothermel and Tracey Partners operated the Tracey Slope Mine, which MSHA had placed on a five-day spot-inspection cycle after a 1982 methane explosion that seriously injured three miners. Judge George A. Koutras found that MSHA did not establish excessive methane or other especially hazardous…
Karl's Drilling Co., Inc.
Settlement withdrawal granted and discrimination case dismissed
The Secretary of Labor, on behalf of John P. Grinder, asked to withdraw the discrimination complaint against Karl's Drilling after the parties reached a mutually agreeable settlement. Grinder consented to the withdrawal. Judge Roy J. Maurer granted permission to withdraw the complaint under 29…
National Association of Government Employees, SEIU Local R7-51 and Department of the Navy, Navy Public Works Center, Great Lakes, Illinois
Great Lakes Navy Public Works Center and NAGE Local R7-51 (FLRA 0-NG-1399): Full face shield rule stands
The Navy required motorcycle operators at its Great Lakes facility to wear helmets with full face shields. NAGE Local R7-51 proposed allowing glasses or a motorcycle windshield as alternatives. The Authority found that the government-wide rule cited by the Navy did not specify a full face shield…
American Federation of Government Employees, Local 85 and Veterans Administration Medical Center, Leavenworth, Kansas
Leavenworth VA Medical Center and AFGE Local 85 (FLRA 0-NG-1302): Overtime notice proposal approved
AFGE Local 85 appealed the Leavenworth VA Medical Center's refusal to bargain over 11 proposals on overtime, safety committees, promotion panels, and work schedules. The Authority found Proposal 3, generally requiring two days' notice of scheduled overtime, negotiable because it did not prevent the…
Midacontinent Resources, Inc.
Respirable-dust citation affirmed with penalty reduced to $300
Midacontinent Resources was cited after samples showed that miner Verlin F. Windedahl, a Part 90 miner, was exposed to respirable dust above the 1.0 milligram-per-cubic-meter limit. Judge John J. Morris found that the operator violated 30 C.F.R. § 90.100 and rejected its challenges to the sampling…
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.