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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
National Federation of Federal Employees, Local 1453 and Kenneth A. Crawford and Clara Mae Dixon
NFFE Local 1453 and two employees (FLRA 4-CO-20022): Fair representation complaints dismissed
Two employees alleged that NFFE Local 1453 failed to represent them properly in disputes with their employer. The Authority held that a breach of the duty of fair representation, where union membership was not at issue, required deliberate and unjustified differential treatment rather than mere…
National Treasury Employees Union, Chapter 52 and Internal Revenue Service, Austin District
NTEU Chapter 52 and IRS Austin District (FLRA 0-NG-1163): Late disapproval left local agreement effective
NTEU Chapter 52 and the IRS Austin District signed a local agreement on May 10, 1985. The IRS disapproved provisions more than 30 days later. Because neither the national agreement nor IRS regulations set a different review deadline, the Authority held that the statutory 30 day period applied and…
National Treasury Employees Union and U.S. Customs Service
NTEU and U.S. Customs Service (FLRA 0-NG-934): Blanket crediting plan disclosure proposal rejected
NTEU proposed that Customs disclose existing applicant crediting plans to the union on request. The Authority held that federal personnel guidance required the agency to decide case by case whether releasing a plan would undermine the fairness or validity of a selection process. The proposal…
Matter of Dial Auto Repair Shop, Inc.
Successor employer failed to prove labor-certification eligibility
The Commissioner dismissed an auto repair shop's visa-petition appeal after the shop offered a beneficiary a permanent automotive technician position. The labor certification had originally been filed by a former employer that later dissolved, and the petitioner claimed to be its successor. The…
Samoyed Energy Company, Inc.
Discrimination complaint dismissed
Tony Wiley alleged that Samoyed Energy Company discharged him in retaliation for reporting dangerous mine conditions. Judge Gary Melick found that Wiley made protected safety complaints, including complaints about road conditions, a gas line, and inadequate bulldozer heat, but found no sufficient…
AFGE Council of Locals No. 214 and Air Force Logistics Command, Wright-Patterson Air Force Base
AFGE Council 214 and Air Force Logistics Command (FLRA 0-NG-1002): Settled negotiability petition dismissed
After a court remanded a negotiability dispute, the Air Force Logistics Command and AFGE Council 214 signed a new master labor agreement covering the proposal at issue. The agency withdrew its claim that the proposal was nonnegotiable, and the union said no issue remained. The Authority dismissed…
Matter of Pradieu
New York spouse petition required Stokes procedures
A United States citizen filed a spouse visa petition in the New York District Office, apparently together with an application for adjustment of status. The district director denied the petition after an interview without identifying the evidence or specific facts supporting the denial. The Board…
Internal Revenue Service, Wichita District and National Treasury Employees Union
IRS Wichita District and NTEU (FLRA 7-CA-30514): Discipline over taxpayer record disclosure remedied
The IRS disciplined two employees for giving confidential taxpayer information to their union lawyers while preparing a grievance. A court agreed that the disclosure required authorization, but held that these employees lacked fair notice that they did not have it. On remand, the Authority accepted…
Columbus Air Force Base Exchange and National Association of Government Employees
Columbus Air Force Base Exchange and NAGE (FLRA 4-RO-50034): Repeat election order stands
A regional director set aside a representation election at the Columbus Air Force Base Exchange after finding that the activity's campaign conduct improperly affected the result. The activity asked the Authority to review that ruling. The Authority found no compelling reason to do so because the…
Veterans Administration and AFGE National Council of VA Locals
Negotiator travel expenses ordered paid
During negotiations for a master agreement, an arbitrator directed the Veterans Administration to pay travel and per diem expenses for employee negotiators. The agency refused to comply. The Authority held that the direction was a final interest arbitration award resulting from federal impasse…
Social Security Administration, Field Operations Region II and AFGE Local 2369
SSA Region II and AFGE Local 2369 (FLRA 2-CA-50323): Complaint over supervisor's remarks dismissed
An SSA area director made disparaging remarks during a heated telephone exchange with an AFGE representative who had arrived to assist an employee with a grievance. The judge found that the remarks did not reasonably imply that the representative should stop union work, and the representative was…
U.S. Naval Ordnance Station and International Association of Machinists and Aerospace Workers, Local Lodge 830
Naval Ordnance Station and Machinists Local 830 (FLRA 0-AR-1123): Overtime award set aside
A general purpose welder claimed overtime that the Naval Ordnance Station assigned to an electron beam welder assisting another operator. An arbitrator found the employee qualified for the assistant task and awarded eight hours of overtime pay. The Authority set the award aside because management…
Cannelton Industries, Inc.
Part 90 pay protection violation found
Cannelton Industries transferred Part 90 miner John W. Bushnell from dispatcher to general inside laborer, changed his occupation code, and reduced his hourly pay from $113.28 to $104.78. Judge William Fauver held that the Part 90 pay-protection rule required the company to retain Bushnell's…
Helvetia Coal Company
Methane and oxygen settlement approved
Helvetia Coal Company was cited twice under 30 C.F.R. § 75.301, once for excessive methane and once for inadequate oxygen at the Lucerne No. 6 mine. The violations were originally assessed at $750 each, for $1,500 total, and the parties proposed settling them for $425 each, or $850 total. The…
Headquarters, U.S. Army Training Center and Fort Jackson and Leroy W. Howell
Fort Jackson and Leroy Howell (FLRA 4-CA-50066): Grievance interference complaint dismissed
Fort Jackson told Leroy Howell that it considered him a supervisor and that his work hours grievance belonged under the agency procedure rather than the union contract procedure. A judge dismissed Howell's unfair labor practice complaint after deciding that he was a supervisor. The Authority also…
River Cement Company
Late penalty petition dismissed
River Cement Company moved to dismiss the Secretary's civil-penalty petition as untimely. Judge John J. Morris found that the Secretary filed the petition seven days after the 45-day deadline in Commission Rule 27(a), and that the Secretary's explanations of inadvertence and multiple responses did…
River Cement Company
Two late penalty petitions dismissed
River Cement Company moved to dismiss two civil-penalty petitions as untimely. Judge John J. Morris found that the Secretary filed both petitions 23 days after the 45-day deadline in Commission Rule 27(a), and that a change in processing policy and reliance on an internal date stamp did not…
Reco, Inc.
Discrimination complaints dismissed
Brothers Dillard and Lonnie Smith worked for Reco, Inc. servicing mine batteries, including in underground coal mines. They refused an assignment to work underground because Dillard's required training had expired and Lonnie had not received underground training, and their foreman told each to…
Consolidation Coal Company
Retaliatory reprimand for equipment tag-out found
DuWayne Schafer, a heavy-equipment operator at the Glenharold Mine, tagged out a motor grader twice because its brakes were slow to engage and the machine was being used on an inclined roadway near a drop-off. Judge Michael A. Lasher, Jr. found that Schafer acted reasonably and in good faith in…
Bethenergy Mines, Inc.
Contest withdrawal granted
Bethenergy Mines, Inc. asked to withdraw its contest of Citation No. 2695988, issued on August 20, 1986, at Livingston Portal 84. Judge Gary Melick granted permission under 29 C.F.R. § 2700.11 and dismissed the contest proceeding. The order does not decide the underlying citation's merits.
Greenwich Collieries, Division of Pennsylvania Mines Corporation
Ventilation order vacated
MSHA cited Greenwich Collieries after an inspector concluded that air was moving contrary to the ventilation plan in the D-9 area of the Greenwich No. 1 Mine, where a methane accumulation had previously occurred. The citation was modified to a section 104(d)(2) unwarrantable-failure order under 30…
Amax Chemical Corporation
Settlement approved and stay lifted
Amax Chemical Corporation faced two civil-penalty proceedings in which the parties proposed reducing the penalties from $2,925 to $445. After hearings on the merits and a later Commission decision involving Amax, the parties renewed their settlement request. Judge Gary Melick approved the…
Department of the Air Force, Eielson Air Force Base and AFGE Local 1836
Eielson Air Force Base and AFGE Local 1836 (FLRA 9-CA-30009): Exchange privileges restored
Eielson Air Force Base ended long standing exchange and concession privileges for civilian employees living off base. The Authority found that the privileges were connected to working conditions at the remote Alaska installation and were a negotiable condition of employment. It held that the base…
J.L. Foti Construction Company
Scaffold-block issue remanded for stability finding
J.L. Foti Construction Company, a masonry contractor, used concrete blocks as part of the support for a scaffold at a wastewater-treatment-plant project. Following a Sixth Circuit decision, the Commission remanded the alleged violation of 29 C.F.R. § 1926.451(a)(2) to the administrative law judge…
Marine Corps Logistics Base, Barstow, California and AFGE Local 1482
Marine Corps Logistics Base Barstow and AFGE Local 1482 (FLRA 8-CA-50418): Discipline complaint dismissed
The Marine Corps Logistics Base in Barstow reprimanded union president Dale Boyce and charged him with 35 minutes of unauthorized absence after he left the base for the union office. Boyce met an FLRA agent there about pending unfair labor practice charges. The complaint alleged that the discipline…
Franklin Lodge No. 2135, IAM and Bureau of Engraving and Printing
Franklin Lodge No. 2135 and Bureau of Engraving and Printing (FLRA 0-AR-1101): Overtime remedy removed
A Bureau of Engraving and Printing employee worked on a Saturday after being furloughed the preceding Monday. An arbitrator found that the bureau violated its labor agreement by scheduling him and ordered overtime pay for the Saturday work. The Authority held that the furlough day did not count as…
Fife Rock Products Company, Incorporated
Default decision vacated and remanded
Fife Rock Products failed to attend a scheduled hearing, and the ALJ entered a default decision affirming a citation under 30 C.F.R. § 56.5-7 and assessing a $600 penalty. Fife later said it had not received the hearing notice and asked for a stay and rehearing. The Commission treated the request…
Department of the Army, Dugway Proving Ground and NAGE Local R14-62
Dugway Proving Ground and NAGE Local R14-62 (FLRA 7-CA-50559): Bargaining ordered over housing change
Dugway Proving Ground had long assigned on-post single occupancy quarters to certain civilian employees who maintained homes elsewhere. It changed that practice and evicted those employees without bargaining with NAGE Local R14-62. The Authority found that housing at the remote installation…
National Federation of Federal Employees, Local 29 and Kansas City District, Corps of Engineers
NFFE Local 29 and Kansas City District, Corps of Engineers (FLRA 0-NG-1050): Some promotion proposals negotiable
NFFE Local 29 proposed rules for filling positions at the Kansas City District of the Corps of Engineers. The Authority found that the agency had to bargain over first considering bargaining unit employees and using a panel to rate and rank qualified unit applicants. Those procedures left the…
William B. Hopke Company, Inc.
Attorney-fee award affirmed for flagman citation
William B. Hopke Company sought attorney's fees under the Equal Access to Justice Act after prevailing against flagman and trench-box citations. The Commission held that the Secretary was not substantially justified in pursuing the flagman citation because the incorporated ANSI provision used…
Brubaker-Mann Incorporated
Magazine-area citation affirmed with $15 penalty
Brubaker-Mann Incorporated operated a small business subject to the Mine Act. An inspector found two pieces of lumber within six feet of a powder magazine and several hundred railroad ties within 20 feet. Judge John J. Morris found that the railroad ties were unnecessary combustible material under…
K C Mining Company
$478 installment settlement approved
K C Mining Company and the Secretary of Labor jointly asked Judge Roy J. Maurer to approve a settlement of a civil penalty case. The violation had been assessed at $478, and the company agreed to pay that full amount in four installments from October 1986 through January 1987. After considering the…
Dennis Ayres v. Fairpoint Coal Company
Discrimination complaint dismissed after settlement
Dennis Ayres alleged that Fairpoint Coal Company discharged him after he raised concerns about unsafe equipment. He testified about a highwall incident involving a dozer and a problem with its reverse gear, along with his dispute with mine management. The parties reached a settlement during the…
U.S. Steel Corporation, Eastern Steel Division & Its Successors
Willful citation withdrawn after review
An administrative law judge had affirmed a willful citation against U.S. Steel under 29 C.F.R. § 1910.179(l)(3). The Commission granted review and later requested briefs. Although the Secretary continued to believe the judge was correct, he withdrew the citation after reviewing the record and…
United Parcel Service
Footwear abatement issue remanded for hearing
United Parcel Service had withdrawn its contest to a citation alleging that workers handling heavy parcels needed foot protection under 29 C.F.R. §§ 1910.132(a) and 1910.136. After a later inspection, OSHA issued a failure-to-abate notification because the employees were not wearing safety shoes…
U.S. Department of Justice, United States Marshals Service and International Council of U.S. Marshals Service Locals, AFGE
U.S. Marshals Service and AFGE Marshals Service Locals (FLRA 0-AR-977): Suspension award set aside
A Marshals Service employee filed a formal discrimination complaint challenging a proposed five-day suspension. After the suspension took effect, he also filed a grievance, and an arbitrator reduced it to one day. The Authority held that both proceedings concerned the same suspension, even though…
Peabody Coal Company
$3,000 settlement approved
Peabody Coal Company and the Secretary of Labor submitted a settlement in a civil penalty case concerning the Eagle No. 2 Mine. Judge William Fauver considered the parties' submissions and found the proposed settlement consistent with the Mine Act's penalty criteria. He approved the agreement and…
Consolidation Coal Company
Ground-check settlement approved for $250
Consolidation Coal Company was cited under 30 C.F.R. § 75.902 after the ground-check circuit and its backup system at the Ireland UG Mine were found inoperative. The penalty was originally assessed at $750. The Secretary sought a reduction because the backup failure resulted from a manufacturer's…
Allentown Cement Company, Inc.
Thirty late citation contests dismissed
Allentown Cement Company filed thirty notices contesting citations issued at its Evansville Quarry & Mill in May 1986. The company argued that its July 28 filings were timely because they followed notice of proposed penalty assessments. Judge Paul Merlin held that a direct contest of a citation…
Barnes & Tucker Company
Settled discrimination complaint dismissed
The Secretary of Labor brought a discrimination complaint on behalf of miner Andrew J. Dubetsky against Barnes & Tucker Company concerning its Lancashire No. 20 Mine. He reached a settlement with the company, accepted a lump-sum payment, and chose to withdraw the complaint. The Secretary of Labor…
United States Steel Mining Company, Incorporated
Withdrawn battery-lid citations dismissed
MSHA cited United States Steel Mining Company over battery lids on two scoops at its Cumberland Mine. The citations alleged violations of 30 C.F.R. § 75.503. MSHA withdrew both citations after two earlier cases with nearly identical facts had found no violation. The Secretary then moved to withdraw…
Krieger Coal, Incorporated
$30 training settlement approved
Krieger Coal was cited under 30 C.F.R. § 48.8 because two miners had worked without annual refresher training. The Secretary sought approval of a $30 settlement, explaining that the company had lost more than $106,000 in 1985 and had mined no coal in 1986. Judge Paul Merlin accepted the proposed…
Beth Energy Mines, Inc.
Bleeder-room settlement approved for $125
Beth Energy Mines was cited under 30 C.F.R. § 75.303(a) because the No. 1 Bleeder Room at Cambria Slope Mine 33 had not been examined within three hours before a shift. The Secretary proposed reducing the penalty from $259 to $125. The motion explained that the ventilation plan's reference to an…
Consolidation Coal Company
Fire-sensor withdrawal order reduced to citation
An MSHA inspector found no automatic fire sensors along about 700 feet of an operating conveyor belt at Consolidation Coal Company's Blacksville No. 1 Mine. Judge James A. Broderick held that this violated 30 C.F.R. § 75.1103-4(a)(1) and was significant and substantial because a fire might reach…
Raven Hocking Coal Corp.
$400 settlement approved
Raven Hocking Coal Corp. faced a civil penalty case concerning its Raven Dock operation. The Secretary proposed a settlement reducing the penalty from $620 to $400. Judge Gary Melick reviewed the submitted materials under the Mine Act's penalty criteria and approved the agreement. He ordered the…
Brubaker-Mann Incorporated
Two housekeeping citations affirmed, machine guarding citation vacated
MSHA cited Brubaker-Mann for material buildup along two walkways and for an unguarded conveyor pulley. Judge John J. Morris found that the buildup violated the housekeeping standard because a worker maintaining the equipment could encounter it. He vacated the machine guarding citation because the…
Brubaker-Mann, Inc.
Seven safety citations upheld, one vacated
Brubaker-Mann contested eight citations involving mobile equipment and conveyor safety at its California rock-crushing operation. Judge John J. Morris upheld seven, including findings about missing loader seat belts, exposed moving parts, unsafe access, an inadequate handrail, and a missing…
Brubaker-Mann, Inc.
Reverse alarm citation affirmed, penalty reduced
An MSHA inspector cited Brubaker-Mann after observing an operating loader whose reverse alarm could not be heard. The mine had no spotter to signal when it was safe to back up. Judge John J. Morris found that this violated 30 C.F.R. § 56.9087 and affirmed the citation. He found the condition…
Brubaker-Mann Incorporated
One quarry citation vacated, one upheld
Brubaker-Mann challenged two MSHA citations at its California rock-crushing operation. Judge John J. Morris rejected the company's argument that California's own mine safety program prevented federal enforcement. He vacated a machine-guarding citation under 30 C.F.R. § 56.14-1 because he credited…
Brubaker-Mann Incorporated
Five guarding citations upheld
Brubaker-Mann contested six citations involving conveyor guarding and emergency stop devices at its California rock-crushing operation. Judge John J. Morris vacated one citation because photographs did not support the inspector's claim that a person could accidentally reach behind the guard. He…
Stanford Mining Company
Roof-support settlement approved for $13,200
Two roof-support citations followed a fatal roof fall at Stanford Mining Company's Penn Hill Mine. Section foreman Ernest E. Nichol died while installing a roof bolt after mining extended beyond permanent supports; the investigation also found that temporary support had been depressurized while he…
Freeman United Coal Mining Company
Scraper-speed settlement approved for $475
A citation under 30 C.F.R. § 77.1607(c) followed a head-on collision involving scrapers at Freeman United Coal Mining Company's Fidelity Strip Mine, which caused a serious injury. The Secretary originally assessed $1,000 and proposed settling for $475. The motion said a scraper operator had passed…
Rivco Dredging Corporation
$40 penalty settlement approved
Rivco Dredging Corporation faced a civil penalty proceeding involving its River Dredge. The Secretary of Labor proposed a settlement reducing the penalty from $92 to $40. Judge Gary Melick reviewed the submissions under the Mine Act's penalty criteria and found the agreement appropriate. He…
Tac & C Energy, Inc.
Default judgment upholds bore-hole citation
MSHA cited Tac & C Energy for mining near abandoned workings at its No. 2 Mine without drilling the advance bore holes required by 30 C.F.R. § 75.1701. The company did not appear at its hearing, and Judge Roy J. Maurer found its later explanation insufficient to excuse the absence. Based on the…
City Oil Well Service Co.
Respirator violations affirmed after hydrogen sulfide exposure
Two City Oil Well Service employees died during swabbing work at an oil well where later testing found hydrogen sulfide at 225 parts per million. City relied on well operators to identify hydrogen-sulfide hazards and provide respirators, and it had no respiratory-protection program of its own. The…
AFGE Local 3511 and Veterans Administration, Audie L. Murphy Memorial Veterans Hospital
AFGE Local 3511 and Audie L. Murphy Memorial Veterans Hospital (FLRA 6-CO-50043): Union ordered to comply with award
An arbitrator ordered AFGE Local 3511 to retract statements about the Audie L. Murphy Memorial Veterans Hospital and publish corrections in local media. The Authority denied the union's exceptions to that award, but the union still refused to purchase newspaper ads or contact television stations…
Veterans Administration Central Office and Cincinnati VA Medical Center and AFGE Local 2031
VA Central Office and Cincinnati VA Medical Center (FLRA 5-CA-40056, 5-CA-40059): Official time required for local negotiations
Cincinnati VA Medical Center employees represented AFGE Local 2031 in negotiations for a supplemental agreement at the VA outpatient clinic in Columbus. The medical center denied them official time because the negotiations concerned another facility. Reversing the chief judge's recommended…
AFGE HUD Council 222 and Department of Housing and Urban Development
AFGE HUD Council 222 and HUD (FLRA 0-NG-887): Reduction in force area proposals rejected
AFGE HUD Council 222 proposed rules for defining competitive areas used in reductions in force at HUD. One proposal called for case by case negotiation; the other would make the headquarters commuting area a single competitive area. The Authority found the appeal timely but held that both proposals…
Hawaii Federal Employees Metal Trades Council and Pearl Harbor Naval Shipyard
Late appeal dismissed
The Hawaii Federal Employees Metal Trades Council challenged the Pearl Harbor Naval Shipyard's finding that a proposal was outside the duty to bargain. The shipyard hand delivered its allegation on July 8, 1986. The Authority found that the 15-day filing period ended on July 23, but the union's…
NAGE Local R3-84 and District of Columbia Air National Guard
NAGE Local R3-84 and D.C. Air National Guard (FLRA 0-NG-1237): Uniform exceptions negotiable
NAGE Local R3-84 proposed that National Guard technicians could wear civilian clothes while representing employees, participating in grievances, attending negotiations, and doing other listed labor relations activities. The District of Columbia Air National Guard argued that military uniforms were…
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.