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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Robert Simpson v. Kenta Energy, Inc. and Roy Dan Jackson
Discrimination and remedy findings reversed
Robert Simpson quit his mine job because he feared hazardous conditions after the foreman left and required examinations stopped. A judge found that Kenta Energy and its president discriminated against him and ordered reinstatement and monetary relief. The Commission agreed that Simpson's safety…
Matter of Martinez-Anguiano
Brief absences broke continuous presence
A Mexican national sought suspension of deportation after entering the United States without inspection. He had left the country twice during the seven-year period required for relief. The Board applied the Supreme Court's decision in INS v. Phinpathya retroactively and held that any absence, even…
Bemis Manufacturing Company
Nuisance-dust citation withdrawn with prejudice
The Secretary moved to withdraw a citation alleging that Bemis Manufacturing violated the nuisance-dust limit in 29 C.F.R. § 1910.1000. The Commission granted the withdrawal with prejudice. The official release provides no additional factual or penalty details.
Con Agra, Inc.
Citation withdrawn with prejudice
The Secretary moved to withdraw the citation against Con Agra. The Commission granted the withdrawal with prejudice. The official release does not identify the cited standard, facts, or proposed penalty.
Monarch Water Systems, Inc.
Paint-ignition item remanded
Monarch employees sprayed flammable paint inside a tank while a blower and hand lamp were positioned within 50 feet. The judge vacated the flammable-liquid item based partly on ventilation and the employees' failure to follow company instructions. The Commission held that the cited standard…
Overseas Education Association and Defense Dependents Schools
Some overseas teacher proposals held negotiable
The union appealed the agency’s refusal to bargain over fourteen proposals concerning overseas teachers. The Authority found several proposals negotiable, including some involving school operations and employee allowances, but dismissed others that conflicted with statutory or regulatory limits. It…
AFGE Local 2298 and Navy Exchange Charleston
Union observer proposal outside bargaining duty
The union proposed an observer for promotion rating and ranking panels. The Authority found that even passive attendance at the panel’s deliberations would interfere with management’s right to select employees. It held the proposal nonnegotiable and dismissed the petition.
AFGE Meat Grading Locals and Agricultural Marketing Service
Travel and reduction in force provisions negotiable
The agency head disapproved eight negotiated provisions on travel, per diem, and reduction in force procedures. The Authority found the travel provisions consistent with the governing limits and found that the agency had not shown the remaining provisions conflicted with its regulations. It ordered…
Army Aviation Systems Command and NFFE Local 405
Attorney fee award struck without backpay
An arbitrator found errors in a selection for a supervisory engineering position and ordered attorney fees. The Authority held that the Back Pay Act did not permit those fees without a finding of lost pay and an accompanying backpay award. It removed the attorney fee paragraph from the arbitration…
Naval Ordnance Station Louisville and IAM Local Lodge 830
Permanent promotion removed from arbitration award
An arbitrator ordered a permanent promotion for an employee who had held temporary planner positions. The Authority found that the award lacked the required finding that the selecting official would have chosen the employee but for improper agency action. It struck the permanent promotion order…
John A. Gilbert and Secretary of Labor v. Sandy Fork Mining Company, Incorporated
John A. Gilbert and Secretary of Labor v. Sandy Fork Mining Company (FMSHRC KENT 86-49-D and KENT 86-76-D): Discrimination claims dismissed
John A. Gilbert and the Secretary brought related discrimination complaints after Gilbert left Sandy Fork Mining's No. 12 Mine over roof safety concerns. Judge Gary Melick denied the Secretary's request to dismiss Gilbert's individual case, finding that it could proceed when the Secretary had not…
Columbia Asphalt & Gravel
Proposed settlement rejected for missing support
The Solicitor sought approval of reduced penalties for four citations against Columbia Asphalt & Gravel at Parker Pit. Chief Judge Paul Merlin found that two reductions lacked reasons and that explanations for two others conflicted with the citations. He also noted that the motion claimed no prior…
Carl Holcomb v. Colony Bay Coal Company
Discrimination complaint dismissed after hearing
Carl Holcomb complained repeatedly about dust in his bulldozer cab and requested MSHA inspections while working for Colony Bay Coal Company. After he was discharged, he claimed the company had retaliated for those safety complaints. Judge James A. Broderick found that the complaints and inspection…
Secretary of Labor v. C.D. Livingston
Gasoline loader citation affirmed with $150 penalty
C.D. Livingston operated a gasoline-powered front-end loader in his underground gold mine, which had only one roadway large enough for vehicles. An MSHA inspector measured carbon monoxide in the mine and issued a citation and imminent-danger order. Judge Michael A. Lasher, Jr. found that the…
Climax Molybdenum Company
Four mine citations resolved with $138 penalty
Climax Molybdenum Company contested citations issued after inspections of its underground molybdenum mine in Colorado. Judge John A. Carlson upheld two citations for openings in flume boards used as a walkway, but found that likely injuries would not be serious enough to make either violation…
Secretary of Labor v. Gateway Coal Company
Two vehicle violations upheld with $40 penalty
Gateway Coal Company admitted two safety violations involving personnel carriers at its mine. One carrier lacked required reflectors on one side, and another had an inoperative dead man switch. Judge Roy J. Maurer found that the Secretary had not shown either violation was significant and…
AFGE Local 32 and Office of Personnel Management
Furlough scheduling proposal held negotiable
The union proposed letting employees choose continuous or discontinuous furloughs in a short budget related furlough. The Authority found the proposal could help employees qualify for unemployment compensation while placing only a small burden on management’s ability to assign work. It held the…
White County Coal Corporation
Two citations affirmed and contests dismissed
White County Coal Corporation contested two withdrawal orders issued at its Pattiki Mine. In an earlier ruling, Judge Gary Melick had modified those orders to section 104(a) citations. White County then said it did not dispute the violations or their significant and substantial findings. The judge…
Defense Logistics Agency and AFGE Local 1148
No working condition change from prosecutor appointments
A Defense Logistics Center arranged for three agency attorneys to serve as special assistant U.S. attorneys in misdemeanor cases. The Authority found that employees were already subject to federal prosecution and that the arrangement added no penalties, investigation procedures, or rules. Because…
Norfolk Naval Station and Federal Firefighters Association Local 13
Firefighter uniform complaint dismissed
The complaint challenged a naval station requirement that an on call firefighter wear his dress uniform to bargaining sessions and his suspension for refusing. The Authority accepted the station’s safety reason and found that the suspension responded to disobedience of a direct order, not union…
NTEU Chapter 26 and IRS Atlanta District
One case assignment proposal negotiable
The union offered five proposals about case assignments during a temporary IRS program. The Authority found Proposal 3 a negotiable procedure, but held the other four outside the duty to bargain because they interfered with management’s rights. It ordered bargaining over Proposal 3 and dismissed…
AFGE and Marine Corps Camp Lejeune
Late arbitration exceptions dismissed
The union sent arbitration exceptions to an outdated regional office address. They reached the Authority’s national office after the filing deadline. The Authority dismissed the exceptions as untimely without reaching their merits.
IRS Columbia District and National Treasury Employees Union
Travel agreement violation found despite statutory claim dismissal
The IRS district refused travel and per diem payments to union negotiators and sought to recover earlier payments. The Authority rejected the claim that this violated the official time provision itself, but found that repudiating the payment agreement unlawfully interfered with employees’ rights…
IAM District Lodge 74 and Department of the Navy
Late negotiability petition dismissed
The Navy served an allegation that a union proposal was nonnegotiable. The union filed its appeal after the fifteen day filing period had expired. The Authority dismissed the petition without deciding whether the proposal was negotiable.
Secretary of Labor on behalf of Donald R. Hale v. 4-A Coal Company, Inc.
Secretary of Labor on behalf of Hale v. 4-A Coal Company (FMSHRC VA 85-29-D): Delayed discrimination complaint reinstated
Donald R. Hale alleged that 4-A Coal Company discharged him for making safety complaints about a scoop without a methane monitor. He complained promptly to MSHA, but the Secretary waited more than two years to file a discrimination complaint with the Commission. An ALJ dismissed the case after the…
Johnnie Lee Jackson v. Turner Brothers, Inc.
Discrimination case dismissed after complaint not pursued
Johnnie Lee Jackson alleged that Turner Brothers discharged him after he complained about an unsafe bulldozer. MSHA initially pursued his discrimination claim but later withdrew its representation after finding information it said would have changed its decision to bring the case. Judge George A…
HHS Social Security Administration and AFGE
Arbitration compliance complaint dismissed
A complaint alleged that Health and Human Services and the Social Security Administration failed to comply promptly with an arbitration award. The Authority adopted the judge’s finding that the agencies had fully complied and had not used delaying tactics. It dismissed the unfair labor practice…
Amax Lead Company of Missouri
Medical-removal pay citations vacated
Amax Lead, Schuylkill Metals, and St. Joe Resources transferred employees from high-lead jobs under the lead standard's medical-removal provisions. They continued each employee's regular hourly rate for a 40-hour week but did not pay potential overtime, production bonuses, shift differentials, or…
NLRB Office of the General Counsel and NLRB Union
Travel payment agreements must be honored
The NLRB General Counsel stopped paying union negotiators’ travel and per diem expenses despite negotiated agreements and a memorandum of understanding. It also refused to bargain over the payment decision itself. The Authority found unlawful repudiation and bad faith bargaining. It ordered…
IRS Philadelphia District and NTEU Chapter 22
Alternative schedule agreement complaint dismissed
The union said the IRS district failed to sign agreements on alternative work schedules for two employee groups. The Authority adopted the judge’s findings that the parties had not reached a final agreement for the Data Services Staff and had treated schedules for the Automated Collection System as…
National Treasury Employees Union and HHS
Union representation bulletin partly unlawful
An NTEU bulletin suggested that nonmembers would not receive the same attorney assistance as members in personnel appeals. The Authority found that the message interfered with employees’ right to refrain from joining the union. Because the record did not show that any nonmember was actually denied…
Antilles Consolidated Education Association and School System
Base facility access proposal outside bargaining duty
The union proposed access to military base retail, recreation, and medical facilities for civilian school employees. The Authority found no shown link between most off duty access and their working conditions. It also found unrestricted naval hospital access inconsistent with federal law. It…
William D. Shell et al. v. Harlan-Bell Coal, Inc. et al.
William D. Shell et al. v. Harlan-Bell Coal, Inc. (FMSHRC KENT 85-210-D): Six discrimination claims settled
Six miners brought discrimination claims against Harlan-Bell Coal and related respondents over the exercise of Mine Act rights. The parties submitted settlement agreements after a scheduled hearing was continued. The agreements required payments to each complainant, ranging from $6,000 to…
Army Adjutant General Publications Center and AFGE Local 2761
Army ordered to comply with final arbitration award
An arbitrator ordered the Army center to revoke an employee’s suspension, but the agency imposed a sixty day suspension instead. The Authority held that it could enforce compliance with the final award in an unfair labor practice case without reviewing the award’s merits. It found unlawful…
Puget Sound Naval Shipyard and Bremerton Metal Trades Council
Misfiled arbitration exceptions dismissed
The union sent exceptions to an arbitration award to the Authority’s regional office on the filing deadline. They reached the national office after the deadline. The Authority held that the time ran from service of the award, not receipt by the union, and dismissed the exceptions.
Secretary of Labor v. Thompson Coal & Construction, Inc.
Secretary of Labor v. Thompson Coal & Construction (FMSHRC WEVA 85-119): Default relief denied
Thompson Coal & Construction failed to answer two civil penalty petitions, and default orders were entered in both cases. Those orders became final Commission decisions on June 6 and June 7, 1986. The operator moved on June 13 to set aside the defaults and file answers. Acting Chief Judge James A…
Consolidation Coal Company v. Secretary of Labor
Dust overexposure finding affirmed
Consolidation Coal Company admitted that respirable dust samples from its Blacksville No. 1 Mine exceeded the limit in 30 C.F.R. § 70.100(a). Five samples averaged 4.1 milligrams per cubic meter, more than twice the then-applicable limit of 2.0. The dispute was whether the violation was significant…
Secretary of Labor v. Cobblestone, Ltd.
$154 settlement approved
Cobblestone, Ltd. and the Secretary agreed to settle a civil penalty case involving citations at the Cobblestone Pit Mine. The agreement reduced one proposed penalty from $79 to $29 and a combined citation and order penalty from $225 to $125. Cobblestone agreed to withdraw its contests in exchange…
Secretary of Labor v. Cobblestone, Ltd.
Twenty citations settled for $360
Cobblestone, Ltd. and the Secretary reached a settlement over 20 citations at the Cobblestone Pit Mine. The Secretary sought to withdraw two citations because of insufficient evidence. The parties agreed that each of the remaining 18 citations would carry a $20 penalty and that any originally…
Zimmie B. Houser v. Northwestern Resources Company
Non-recall discrimination dismissal affirmed
Northwestern Resources Company laid off Zimmie Houser during a production shutdown and did not recall him when work resumed. Houser had complained about dust and equipment safety, and the ALJ found that those protected complaints partly motivated the non-recall. The ALJ nevertheless dismissed his…
Secretary of Labor on behalf of Earl Kennedy and Larry Collins v. Raven Red Ash Coal Corporation
Kennedy and Collins v. Raven Red Ash Coal (FMSHRC VA 85-32-D): Backpay interest specified in amended order
Earl Kennedy and Larry Collins had prevailed on claims that Raven Red Ash Coal fired them for refusing to work under unsupported roof. After the initial decision awarded backpay and a $1,000 civil penalty, MSHA asked the judge to replace the stated 9 percent interest rate with the…
Matter of Faith Assembly Church
Minister classification barred Schedule A labor certification
A church sought immigrant classification for an ordained minister living in South Korea whom it wanted to employ as a missionary. The Commissioner found that the proposed duties were ministerial and that the beneficiary qualified as a special immigrant minister. Because the special-immigrant…
Amoco Chemicals Corporation
Illness-recording and medical-notice items vacated
OSHA alleged that Amoco willfully failed to record asbestos-related illnesses and failed to tell an employee about a potentially serious pleural condition. The Commission held that the record did not prove Amoco had enough information and expertise at the relevant time to reasonably diagnose the…
Consolidation Coal Company v. Secretary of Labor
Refuse-pile cases settled for $679
Consolidation Coal Company and MSHA settled six citations and related contests concerning a refuse pile at the Buckeye Preparation Plant. The citations included reporting and certification failures and an erosion gulley that allowed refuse to move downhill toward nearby residences. The parties…
Youghiogheny and Ohio Coal Company v. Secretary of Labor
$150 settlement approved
Youghiogheny and Ohio Coal Company and the Secretary sought to settle a contest and civil penalty case concerning an order at the Nelms No. 2 Mine. Judge Joseph B. Kennedy had previously required them to increase the proposed settlement from $150 to $250 because he believed a failure to install new…
Ann Riley Owens v. Monterey Coal Company
Confidential settlement approved
Ann Riley Owens and Monterey Coal Company submitted a settlement of a discrimination proceeding. Judge Joseph B. Kennedy accepted the confidential agreement and stipulation under seal. He approved the settlement and dismissed the case subject to payment of the agreed sum. The public decision does…
Lowry Air Force Base and NFFE Local 1497 and AFGE Local 1974
Seat belt bargaining complaint dismissed
Two unions challenged Lowry Air Force Base’s implementation of a seat belt policy. The Authority found that the base bargained in good faith over negotiable proposals before applying the new policy to bargaining unit employees. It also found the proposals the base rejected outside the duty to…
AFGE Local 1760 and Social Security Administration Northeastern Program Service Center
Backpay for rescinded suspension upheld
An arbitrator set aside a ten day suspension and awarded the employee lost pay. The Social Security Administration argued that the award lacked the findings required by the Back Pay Act. The Authority held that the arbitrator’s just cause finding and rescission of the suspension established an…
Drummond Company, Inc., as successor to Alabama By-Products Corporation
Drummond Company, Inc. (FMSHRC SE 86-24): Roof-control settlement approved for $500
MSHA alleged that a continuous miner at Drummond's Chetopa Mine was operated beyond the roof supports in violation of the mine's roof-control plan. It proposed a $700 penalty under 30 C.F.R. § 75.200. The parties agreed to settle for $500 after the operator gave the miner operator a written…
Pollard Sand Company
$500 penalty entered by default
MSHA sought a $500 penalty against Pollard Sand Company for an alleged safety-standard violation at its sand and gravel mine. Pollard initially contested the citation, then told the judge that it was out of business and would not attend the hearing. The judge issued an order to show cause, and…
Odell Maggard v. Chaney Creek Coal Corporation
Back pay and fees awarded after discriminatory discharge
After an earlier ruling found that Chaney Creek Coal Corporation unlawfully discharged miner Odell Maggard, Judge Gary Melick decided the monetary relief. The parties stipulated to $31,812 in net back pay, and the judge added $1,848.19 in interest. He awarded $16,456.22 in attorney's fees and…
Quarto Mining Company
Gas-cylinder citation vacated because the standard did not cover chain conveyors
Quarto Mining moved an acetylene cylinder on a longwall chain conveyor at its Powhatan No. 4 Mine. The cylinder caught on protruding metal and ruptured, causing an explosion that burned seven miners. MSHA cited a rule requiring compressed-gas cylinders to be secured during transport on…
Greenwich Collieries, Division of Pennsylvania Mines Corporation
Greenwich Collieries (FMSHRC PENN 85-188-R): Five mine orders converted to citations while the case continued
Five MSHA orders followed an investigation of an explosion at Greenwich Collieries' No. 1 Mine that killed three miners and injured several others. The orders were issued more than a year after the explosion under section 104(d)(1) of the Mine Act. Judge Roy J. Maurer held that those orders…
Ronald E. McKinney v. Eastern Associated Coal Corporation
Discrimination settlement approved
Ronald McKinney alleged that Eastern Associated Coal Corporation fired him for exercising rights under the Mine Act. MSHA investigated but declined to file a complaint, and McKinney brought his own case. Before the hearing, the parties agreed to settle. The company agreed to make a lump-sum…
Youghiogheny and Ohio Coal Company
Roof-control violations partly upheld, with $1,472 assessed
MSHA alleged that Youghiogheny and Ohio Coal Company failed to follow its roof-control plan in several areas of the Nelms No. 2 Mine. Judge Gary Melick upheld one withdrawal order after finding unsupported roof near working areas and a repeated violation in the same entries. On another order, he…
Agriculture Plant Protection and Quarantine and NAAE Branch 15
Late arrival leave complaint dismissed
The union alleged that the Agriculture agency changed how leave was charged when employees arrived late. The Authority found no proven change in past practice and therefore no duty to give notice or bargain on that basis. It dismissed the unfair labor practice complaint.
Army Corps of Engineers Kansas City District and NFFE Local 29
Arbitrator’s grievance interpretation upheld
The union challenged an arbitrator’s interpretation of its agreement on discrimination complaints and travel payment. The Authority found that the exception largely disputed how the arbitrator read and applied the agreement. That disagreement did not establish a defect in the award, so it denied…
Social Security Administration and AFGE
Official time awards mostly upheld
An arbitrator issued awards concerning official time, travel scheduling, and union representatives’ expenses. The Authority rejected most agency objections and upheld compensation for representational work performed on nonduty time after official time was wrongly denied. It modified one travel and…
Defense Dependents Schools and Overseas Education Association
Counselor debt grievance award upheld
A school counselor grieved an assessed debt for tuition free education provided to a student. The agency argued that the debt collection law and regulations barred the arbitrator’s resolution of the grievance. The Authority found that the agency had not shown a conflict with the substantive debt…
Greenwich Collieries
Five mine-safety orders settled for $2,750
MSHA sought penalties for five orders at Greenwich Collieries' No. 2 Mine involving electrical-wire insulation, combustible material, unsupported roof, and a preshift examination. Greenwich contested three of the orders. The parties settled all five for a total of $2,750, down from $3,800 proposed…
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.