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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Department of Commerce, Bureau of the Census and General Services Administration and Edward Hanlon
Suitland Federal Center union activity (FLRA 3-CA-50528): Census and GSA violations
At the Suitland Federal Center, Census employees supporting a union other than their current representative sought to meet, solicit support, and distribute literature in nonwork areas during nonwork time. Census restricted meetings with outside union representatives and limited employee literature…
American Federation of Government Employees, Local 12 and Department of Labor
Department of Labor reorganization proposals (FLRA 0-NG-1027): One proposal negotiable
AFGE Local 12 proposed terms for employees affected by a Department of Labor reorganization. The Authority found a proposal preserving employees’ space allocations negotiable because the agency did not identify the governmentwide regulation it claimed the proposal violated. It rejected a…
Secretary of Labor v. Triple D Coal Company
Default order assesses $306 penalty
MSHA proposed a $306 civil penalty against Triple D Coal Company. The company did not comply with a prehearing order or a later show-cause order requiring it to confer with MSHA and prepare for the proceeding. The company later reported that it had shut down and described financial difficulties…
Matter of Lin Lee
Taiwan household records proved family relationship
A naturalized United States citizen petitioned for preference status for her adoptive sister from Taiwan. The petitioner submitted a household registration, affidavits, and related civil records to document the adoption and family relationship. The Board held that the household registration was…
Departments of the Army and Air Force, Army and Air Force Exchange Service, McClellan Air Force Base and American Federation of Government Employees, Local 1857
McClellan Exchange employee addresses (FLRA 9-CA-60288): Disclosure ordered
AFGE Local 1857 sought home addresses for bargaining unit employees at the Army and Air Force Exchange Service’s McClellan Air Force Base Exchange. The exchange service supplied names and job information but withheld addresses, arguing that its personnel records lacked a routine use authorizing…
Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base and DelMar Callaway
McClellan employee witness expenses (FLRA 9-CA-60242): Official time and travel ordered
Air Force employee DelMar Callaway was subpoenaed to testify at an FLRA unfair labor practice hearing involving a different Air Force command. His McClellan employer granted leave for the hearing day but refused official time for preparation and travel, and refused travel and per diem…
Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Cincinnati, Ohio and American Federation of Government Employees, Local 2031
Cincinnati VA employee addresses (FLRA 5-CA-70058): Information disclosure ordered
AFGE Local 2031 requested the names and home addresses of bargaining unit employees at the Cincinnati VA Medical Center and its Fort Thomas nursing home. The VA refused, arguing that disclosure was prohibited by law, unnecessary to union representation, and barred by the parties’ agreement…
Department of the Navy, United States Marine Corps and American Federation of Government Employees, Council 240
Marine Corps reflective vest rule (FLRA 3-CA-60156): Bargaining required on implementation
The Marine Corps began requiring motorcycle riders to wear reflective vests on its installations. AFGE Council 240 asked to bargain over how the rule would be implemented and its effect on employees, but the Marine Corps refused. The Authority adopted the administrative law judge’s finding that the…
National Federation of Federal Employees, Local 1655 and Illinois National Guard
Illinois Guard work schedules (FLRA 0-NG-1245): Some proposals negotiable
NFFE Local 1655 sought changes to work schedules and leave rules for Illinois National Guard technicians. The Authority held that flexible and compressed work schedules could be negotiated for technicians, and ordered bargaining on those proposals and certain terms addressing days off and hazardous…
Association of Civilian Technicians, Wisconsin Chapter and Wisconsin Army National Guard
Wisconsin Guard technician uniform proposals (FLRA 0-NG-1080): Petition dismissed
The Association of Civilian Technicians proposed changes to how Wisconsin Army National Guard technicians would be supplied, wear, and maintain military uniforms. The Authority found that federal uniform allowance law excluded the proposed sewing and laundering services from bargaining. It found…
American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals and Social Security Administration
SSA telephone monitoring award (FLRA 0-AR-1288): Agency exceptions denied
An arbitrator interpreted an agreement governing Social Security Administration monitoring of calls at teleservice centers. He found that the parties had accepted each center’s existing practice for the duration and frequency of monitoring sample periods. SSA argued that the award relied on a false…
Street & Whited Coal Co., Inc.
Settlement approved at $6,300
Street & Whited Coal Co. faced four violations arising from a fatal roof fall, including allegations involving the accident scene, accident notification, miner training, and the approved roof control plan. The parties proposed reducing the total assessment from $10,300 to $6,300. The settlement…
General Motors Corporation, Arlington Plant
Exposure-record item settled and posting item vacated
Employees near a solvent degreaser were exposed to toxic chemicals, but General Motors had not informed them of their right to access exposure-monitoring records and the material safety data sheet. The judge affirmed that information item as nonserious. A second item alleged that the…
Williams Enterprises, Inc.
Willful steel-erection violations affirmed after fatal collapse
Williams erected structural steel for a school addition where part of the framework collapsed, killing one employee and injuring two others. The judge excluded the company's proposed expert witness and affirmed five willful steel-erection items. The Commission held that excluding the witness was…
American Federation of Government Employees, Local 32 and Office of Personnel Management
OPM selection fairness proposal (FLRA 0-NG-975): Bargaining ordered
AFGE Local 32 proposed that OPM selecting officials fully consider candidates and make selections based on fairness and equity. OPM argued that the language would limit management’s selection rights and create improper review of appointments. The Authority read the language as requiring OPM to…
Midwest Steel Erection, Inc.
Steel-erection settlement approved with remaining rulings final
Three OSHA inspections of Midwest's structural-steel work produced serious, willful, repeat, and other-than-serious citations with $23,200 proposed. The judge affirmed several fall-protection and ladder items, reduced one willful item to serious, affirmed the repeat and other-than-serious…
Utah Power & Light Company (Emery Mining)
Partial settlement vacates two orders and resolves a third
Utah Power & Light Company's Emery Mining division reached a partial settlement covering four enforcement papers in Docket WEST 86-240 as part of a broader 16-docket resolution. The Secretary vacated two withdrawal orders, and the company agreed to pay the original $400 assessment for a third…
Emery Mining Company
And Utah Power & Light Company (FMSHRC WEST 86-217 and related dockets): Settlement vacates, modifies, and dismisses enforcement matters
Emery Mining Company and Utah Power & Light Company's mining division resolved 16 dockets involving 14 citations and orders. The settlement reduced the total penalties from $4,221 to $3,024, vacated two withdrawal orders, modified five withdrawal orders from section 104(d)(1) to section 104(a)…
Secretary of Labor v. Western Avella Contractors, Inc.
Default order assesses $15,770 penalty
The Secretary filed a civil penalty proceeding against Western Avella Contractors concerning alleged Mine Act violations at the Buchanan No. 1 Mine. After the company said financial considerations prevented it from settling or continuing to defend the case, it consented to a default order. Judge…
Jim Walter Resources, Inc.
Ram car permissibility citation affirmed
Jim Walter Resources challenged a citation involving a ram car used at its No. 7 Mine. One battery cell had been bypassed, reducing the battery from 120 cells and 240 volts to 119 cells and 238 volts. Judge Paul Merlin found that the change departed from the equipment's approved permissible…
Mears Enterprises, Inc.
Default order makes $3,500 penalty final
Mears Enterprises failed to comply with a prehearing order in a civil penalty proceeding at the Bear Run No. 1 mine. Judge William Fauver issued a show-cause order, but Mears did not respond by the deadline. The Judge deemed the company in default, found that it waived its right to a hearing, made…
Rushton Mining Company
Roof-control order modified to citation and $750 penalty assessed
Rushton Mining operated an underground bituminous coal mine where an inspector found a roof-control-plan violation after an unintentional roof fall partially covered a continuous miner. Judge James A. Broderick found that the Secretary had not established an intervening clean inspection, so the…
Collier-Keyworth Company
Impulse-noise case remanded for evidence on the standard's intent
Collier-Keyworth manufactured office-chair mechanisms using power presses and lathes that produced high noise levels. The Commission initially held that the permissible-noise table did not cover impulse noise and planned to vacate related citation items unless the Secretary rebutted historical…
United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine and National Association of Agriculture Employees, Branch 15
USDA promotion panel rating scheme (FLRA 6-CA-50121): Disclosure ordered
The National Association of Agriculture Employees sought a promotion panel’s rating scheme while investigating whether USDA had changed evaluation criteria without consultation. USDA refused to provide a copy, citing the scheme’s confidentiality, and offered to let a union representative inspect it…
Department of the Navy, Mare Island Naval Shipyard and International Federation of Professional and Technical Engineers, Local 11
Mare Island employee addresses (FLRA 9-CA-70006): Disclosure ordered
The union for General Schedule employees at Mare Island Naval Shipyard requested bargaining unit employees’ names and home addresses. The shipyard refused, arguing that privacy law barred disclosure and disputing the Authority’s earlier ruling on this issue. Applying that earlier ruling, the…
Byco-MCS Division of Bywater Sales & Service, and Its Successors
Default order remanded for good-cause review
Byco contested serious and other-than-serious citations but did not answer the Secretary's complaint. It also failed to respond to the judge's show-cause order, so the judge dismissed the contest, affirmed all citation items, and assessed the proposed penalties by default. A new owner then sent an…
Wes Jones & Son Inc.
Default remanded after employer negotiated with OSHA instead of the Commission
Wes Jones contested one citation alleging two serious construction violations but did not certify employee notice or answer the Secretary's complaint. The company communicated with OSHA's attorney while settlement discussions were underway, but it did not respond to the Commission or the judge's…
Delo Screw Products Company
Warrant-suppression ruling vacated and remanded
OSHA obtained a warrant for a plant-wide inspection after Delo refused an inspection based on an employee complaint about methylene chloride vapors. The inspection produced citations unrelated to the complaint, and the judge suppressed the evidence and vacated all items. The Commission held that…
Naval Air Station, Point Mugu, Federal Firefighters Association, Local 55, National Association of Government Employees, and National Federation of Federal Employees, Local 1374
Point Mugu firefighter unit (FLRA 8-RO-70001): Review denied
The Federal Firefighters Association sought a separate bargaining unit for firefighters at Naval Air Station Point Mugu. A Regional Director dismissed the petition because the existing stationwide unit remained appropriate and the firefighters had shown no unusual circumstances supporting…
American Federation of Government Employees, Local 32 and Office of Personnel Management
OPM training memo proposals (FLRA 0-NG-957): Desk setup time negotiable
AFGE Local 32 proposed terms for OPM employees affected by a new training memo. The Authority found negotiable a one time allowance of two hours outside measured production time for employees to rearrange desks and adjust work patterns. It held that this limited arrangement protected employees from…
American Federation of Government Employees, Local 1815 and U.S. Army Aviation Center
Army Aviation Center suspension (FLRA 0-AR-1302): Reduced penalty stands
The Army Aviation Center suspended an employee for ten days following allegations of sexual harassment. An arbitrator found some improper conduct but reduced the suspension to one day and awarded backpay for nine days. AFGE Local 1815 sought to remove the remaining suspension, relying on evidence…
National Treasury Employees Union and Department of the Treasury, Bureau of the Public Debt
Public Debt union travel expenses (FLRA 0-NG-1348): Bargaining ordered
The National Treasury Employees Union proposed that the Bureau of the Public Debt pay travel and per diem expenses for employee members of its negotiating committee while on official time. The Bureau argued that federal travel law and a Supreme Court ruling barred such a proposal. The Authority…
National Association of Government Employees, Local R14-32 and Department of the Army, Fort Leonard Wood
Fort Leonard Wood smoking proposals (FLRA 0-NG-1315): Bargaining ordered
NAGE Local R14-32 proposed changes to Fort Leonard Wood’s smoking policy, including terms for corridors, vehicles, eating facilities, and child care facilities. The Army argued that the proposals affected employees outside the bargaining unit and conflicted with agency smoking rules needed to…
American Federation of Government Employees, Local 2182 and Propulsion Laboratory, U.S. Army Research and Technology Laboratories
Army Propulsion Laboratory agreement (FLRA 0-NG-1159): One provision negotiable
The Army disapproved six terms of a negotiated agreement with AFGE Local 2182 at its Propulsion Laboratory. The Authority found the disapproval timely because the Army mailed it within the statutory period. It ordered bargaining on a provision allowing a union observer at discrimination complaint…
Texasgulf, Inc.
Errata corrected terminology in prior decision
The judge issued this errata order to correct wording in an earlier decision involving Texasgulf, Inc. The order changed the phrase “serious and substantial” to “significant and substantial.” It identifies the correction as the author’s error and does not otherwise state a change to the earlier…
Alabama Power Company
Overturning coal-truck citation vacated
An Alabama Power laboratory helper was killed when a coal truck overturned while dumping at the company's generating plant. OSHA alleged that the company had not adequately protected employees who sampled delivered coal. The Commission found that Alabama Power had sufficiently specific rules…
Larry D. Scroggins v. Peabody Coal Company
Discrimination complaint dismissed after withdrawal
Larry D. Scroggins brought a discrimination proceeding against Peabody Coal Company. He moved to withdraw his complaint. Judge Roy J. Maurer found good cause and granted the motion. The case was dismissed.
Williams Enterprises, Inc.
Four citation items and $2,300 penalty became final
Williams Enterprises was the steel-erection contractor for a multistory building in Virginia. OSHA cited perimeter fall protection, an improperly positioned and unsecured ladder, an unbarricaded crane swing radius, missing perimeter railings, and gaps in temporary flooring. The judge vacated the…
Skyline Crane Service, Inc.
Steel-erection citations and $780 penalty became final
Skyline Crane Service erected structural steel at a building project where employees worked about 60 feet above the ground. OSHA cited inadequate fall protection, missing perimeter nets, uncovered or unguarded floor openings, and the absence of immediately available fire-extinguishing equipment…
Skyline Crane Service, Inc.
Review of perimeter-net citation vacated
The judge vacated a citation alleging that Skyline failed to provide perimeter nets during structural steel erection. Review focused on whether Skyline had fair notice in 1980 that the general construction safety-net standard applied in addition to the steel-erection rules. Later court decisions…
Federal Grain Inspection Service and National Council of Federal Grain Inspection Locals, American Federation of Government Employees, Local 3769
Grain inspection furlough awards (FLRA 0-AR-1229): Backpay set aside
An arbitrator awarded backpay to two Federal Grain Inspection Service employees furloughed during a reduction in force. The Authority held that the arbitrator had improperly replaced management’s performance judgment with his own when he upgraded one employee’s rating. It also found that the…
Federal Grain Inspection Service and National Council of Federal Grain Inspection Locals, American Federation of Government Employees, Local 3769
Grain inspection arbitration (FLRA 0-AR-1224): Union exceptions denied
The National Council of Federal Grain Inspection Locals challenged portions of Arbitrator John F. Caraway’s award involving the Federal Grain Inspection Service. The Authority reviewed the record and found that the union had not established a ground under the federal labor statute for finding the…
Secretary of Labor v. Eugene C. McPherson
Individual penalty settlement approved for $100
The Secretary alleged that Eugene C. McPherson, a mine manager, knowingly authorized a front-end loader with inoperative brakes to operate at the Somerset Lime and Stone Mine. The Secretary proposed a $250 individual penalty under section 110(c) of the Mine Act. McPherson no longer contested the…
Pyro Mining Company
Eight violations settled for $15,000
MSHA proposed penalties for eight alleged violations of mandatory safety standards at Pyro Mining Company’s Pyro No. 9 Slope and Palco Mine. The initial assessments totaled $16,300. The parties agreed to settlements totaling $15,000, including reduced amounts for two listed violations. Judge George…
Pyro Mining Company
Settlement amount corrected to $1,600
Judge George A. Koutras had approved a settlement in the proceeding against Pyro Mining Company. The earlier decision stated that Order No. 2513117 was settled for $2,000. The parties later informed the judge that they had agreed to settle the alleged violation for $1,600. After reviewing the…
Secretary of Labor on behalf of Yale E. Hennessee v. Alamo Cement Company; Alamo Cement Company v. Secretary of Labor
Alamo Cement Company (FMSHRC CENT 87-17-RM, CENT 87-18-RM, CENT 87-19-RM, CENT 87-43-M, CENT 87-44-M, CENT 86-151-DM, CENT 87-16-DM): Settlement approved and proceedings dismissed
Yale E. Hennessee claimed that Alamo Cement discharged him after he refused work he believed could not be performed safely. The parties settled the discrimination claims for a payment of $21,000, with Hennessee giving up his claim for reinstatement. MSHA waived the proposed discrimination penalty…
Formwork Services Inc.
Falling-material citation withdrawn and remaining rulings became final
Formwork Services was a concrete-forming subcontractor on an Atlanta high-rise project where falling lumber struck another contractor's employee, who then fell to his death. The judge found a serious general-duty-clause violation for inadequate protection against falling materials, but reduced its…
Navy Resale and Services Support Office, Field Support Office San Diego, National Association of Government Employees, Local R12-38, and National Federation of Federal Employees, Local 63
San Diego Navy representation petition (FLRA 8-RO-60010): Review denied
NAGE Local R12-38 challenged a Regional Director’s finding that its petition to represent employees at a San Diego Navy field support office was untimely. The Authority explained that the governing rule preserved a 90 day period for an activity and incumbent union to negotiate after a rival…
Consolidation Coal Company
Roof-bolting settlement approved for $30
Consolidation Coal Company faced a civil penalty proceeding over roof-bolt spacing at its Blacksville No. 1 Mine. The Secretary alleged that four rows of bolts in the P-3 section did not comply with the approved roof-control plan, exposing miners to roof-fall hazards. The parties disputed whether…
Consolidation Coal Company
Ventilation violation affirmed with $700 penalty
MSHA cited Consolidation Coal Company after smoke released near a power center moved toward a track entry instead of directly into the return. The judge found that the company violated 30 C.F.R. § 75.1105, which requires air currents ventilating electrical installations to be coursed directly into…
Southern Ohio Coal Company
Electrical-protection order modified and settlements approved
Southern Ohio Coal Company challenged three orders issued at its Martinka No. 1 Mine, and the Secretary proposed penalties totaling $2,200. The parties settled two orders for $500 each. Judge Roy J. Maurer found that the remaining order correctly identified inadequate short-circuit protection for a…
Secretary of Labor v. Falcon Explorations
Three citations affirmed with $100 penalty
Falcon Explorations operated a small, three-person heap-leaching mine that used a weak cyanide solution to recover gold and silver. MSHA cited the operator for unlocked transformer enclosures, failure to keep a grounding-system test record available, and failure to provide adequate first-aid…
Secretary of Labor on behalf of Andy Brackner v. Jim Walter Resources, Inc.
Reconsideration denied
Jim Walter Resources, Inc. asked the Commission to reconsider its March 20, 1987 order denying the company’s petition for discretionary review in Andy Brackner’s discrimination proceeding. After considering the motion and its earlier order, the Commission denied reconsideration.
Alvin Ritchie v. Kodak Mining Company, Inc.
Discrimination complaint dismissed
Kodak Mining laid off Alvin Ritchie from his preparation plant operator position and offered him a lower-paying night-watchman job. Ritchie alleged that the action was retaliation for reporting coal dust, broken walkway boards, and other safety concerns, and for an injury from a company pickup…
Kaspar Wire Works, Inc.
Power-press case remanded for unresolved defenses
Kaspar Wire Works challenged citations arising from an OSHA inspection of its manufacturing plant. The judge affirmed a serious item alleging that a mechanical power press was operated without using its point-of-operation protection and assessed $160. He also affirmed, without a penalty, an item…
All Purpose Crane, Inc.
Broken-wire citation vacated for insufficient proof
All Purpose Crane operated a crane whose boom rope broke and whose boom collapsed at a Florida construction site, killing three workers. OSHA cited the company for several crane, wire-rope, recordkeeping, and fire-extinguisher conditions. The judge affirmed serious items for overloading the crane…
Department of Energy, Headquarters Office and National Treasury Employees Union
Energy Headquarters employee addresses (FLRA 3-CA-60385): Disclosure ordered
The National Treasury Employees Union requested names and home addresses for employees in its Department of Energy Headquarters bargaining unit. DOE refused, citing the Privacy Act, available alternative ways to reach employees, and the absence of current contract negotiations. An administrative…
Consolidation Coal Company
Part 50 settlements approved for $2,000
Consolidation Coal Company faced four alleged violations of the Mine Act's accident and injury reporting requirements at the Blacksville No. 1 and No. 2 Mines. The citations concerned reports for injuries involving restricted duty, lost workdays, and a worker's return after an eye injury. The…
Sulphur Springs Stone Company
26 citations affirmed and $1,530 assessed
Sulphur Springs Stone Company operated a small stone mine in Kentucky with five employees. After the company did not appear at the hearing, Judge James A. Broderick reviewed the Secretary's evidence concerning 26 alleged violations found during an October 8, 1985 inspection. The violations included…
Federal Union of Scientists and Engineers, Local R1-144 and Department of the Navy, Naval Underwater Systems Center
Navy religious compensatory time (FLRA 0-NG-1327): Proposal dismissed
The Federal Union of Scientists and Engineers proposed that the Naval Underwater Systems Center accommodate requests for religious compensatory time unless doing so would seriously interfere with its mission. The Authority compared that standard with a governmentwide regulation allowing schedule…
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.