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.

60,101 decisions and counting · Latest decision October 28, 2026
60,101 decisions

No decisions match these filters

Try fewer or different words, check the spelling, or clear the filters to browse everything.

COMM

Anoplate Corporation

Mixed ruling on plating, chemical storage, and recordkeeping items

Anoplate operated an electroplating and metal-finishing plant with open chemical tanks, chemical storage, spray painting, and compressed-air work. The Commission affirmed a nonserious eye-protection violation because dipping racks created a significant risk of harmful splashes, and it assessed $25…

March 4, 1986 ·OSHRC
Mixed result
COMM

United States Steel Corporation

Three molten-metal explosion items affirmed and willful classification reversed

U.S. Steel was cited under the general duty clause for allowing water or ice at seven locations where molten iron or steel could be released at its South Works plant. The Commission focused on whether molten metal could realistically reach and encapsulate the water, creating an explosion capable of…

March 4, 1986 ·OSHRC
Mixed result
COMM

Ozark-Mahoning Company

Eye protection citation upheld

Two miners at Ozark-Mahoning's underground fluorspar mine collared drill holes without eye protection while rock chips flew from the mining face. MSHA cited the company under an eye protection standard, and a judge upheld the citation, designated the violation significant and substantial, and…

February 28, 1986 ·FMSHRC
Citations affirmed
ALJ

Harold J. Atkins v. Cyprus Mines Corporation

Discrimination complaint dismissed

Harold Atkins worked in Cyprus Mines' processing plant and raised concerns about mercury and ammonia exposure. He requested a transfer without a pay cut and was fired after refusing to work in the plant. Atkins claimed the firing was discrimination under the Mine Act. Judge John J. Morris dismissed…

February 27, 1986 ·John J. Morris ·FMSHRC
Other
ALJ

FMC Wyoming Corporation v. Secretary of Labor

FMC Wyoming Corporation (FMSHRC WEST 85-41-M): Asbestos warning citation upheld

FMC Wyoming operated a trona mine where asbestos insulation in a motor control room had deteriorated. Workers entered and removed equipment without warning signs or a barricade alerting them to the hazard. MSHA cited FMC for violating a rule requiring warnings or barricades where a health hazard is…

February 26, 1986 ·Michael A. Lasher, Jr. ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Phelps Dodge Corporation/Tyrone Branch

Phelps Dodge Corporation/Tyrone Branch (FMSHRC CENT 85-19-M and CENT 85-37-M): One citation upheld and one vacated

MSHA cited Phelps Dodge at its Tyrone Mine and Mill for posting an outdated list of miner representatives and for a wet, messy floor near a lime slaker. Chief Judge Paul Merlin found that the current list in the safety office was accurate, but the older list on the designated mine bulletin board…

February 26, 1986 ·Paul Merlin ·FMSHRC
Mixed result
ALJ

Secretary of Labor v. St. Joe Minerals Corp.

St. Joe Minerals Corp. (FMSHRC CENT 86-25-M): $5,000 settlement approved

St. Joe Minerals was charged with failing to remove loose rock from a pillar at the Viburnum No. 28 Mine. The condition resulted in a fatal accident. The parties proposed reducing the assessed penalty from $7,000 to $5,000, explaining that the company's negligence was low because it had repeatedly…

February 24, 1986 ·James A. Broderick ·FMSHRC
Settled
COMM

AFGE National GSA Council and General Services Administration

AFGE National GSA Council and GSA (FLRA 0-NG-1202): Repeated allegation did not restart appeal deadline

AFGE's national GSA council sought review of GSA's refusal to bargain over a performance rating proposal. The parties had recorded the nonnegotiability allegation in a June 1985 written agreement. The union asked again in October and appealed after receiving a restated allegation, but the Authority…

February 24, 1986 ·FLRA
Procedural
COMM

Patent and Trademark Office and Patent Office Professional Association

Arbitration exceptions dismissed as late

The Patent Office Professional Association filed exceptions to an arbitration award served by mail on January 2, 1986. The Authority calculated that the exceptions were due by February 5, but received them on February 7. It dismissed the exceptions as untimely without addressing the award's…

February 24, 1986 ·FLRA
Procedural
COMM

Department of Defense Dependents Schools, Germany Region and Overseas Education Association

Defense Dependents Schools Germany and Overseas Education Association (FLRA 0-AR-1094): Exceptions arrived one day late

The Overseas Education Association filed exceptions to an arbitration award served by mail on December 31, 1985. The Authority calculated a February 3 deadline for receipt at its national office. The exceptions arrived on February 4, so the Authority dismissed them without considering the award's…

February 24, 1986 ·FLRA
Procedural
ALJ

Secretary of Labor v. Rufus Baldwin

Rufus Baldwin (FMSHRC VA 84-43): Foreman held personally liable for electrical work violation

Rufus Baldwin was a section foreman and certified electrician at CC and P Coal Company's No. 1 Mine. He worked on a continuous miner's electrical controls without opening and locking out its disconnecting device while crew members worked near the ripper chain. The ripper heads started unexpectedly…

February 20, 1986 ·Roy J. Maurer ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Nally & Haydon, Inc.

Nally & Haydon, Inc. (FMSHRC KENT 85-199-M): $7,305 settlement approved

Three civil penalty proceedings against Nally & Haydon involved its Hurricane Gap Quarry and Harlan mines. The parties amended their proposed settlement from $1,377 to $7,305. Judge Joseph B. Kennedy independently reviewed the amended proposal and found it consistent with the Mine Act. He ordered…

February 20, 1986 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Gary L. Lamb, Sr. v. Paramount Mining Corporation

Discrimination cases dismissed after settlement

Gary Lamb brought two discrimination proceedings against Paramount Mining Corporation. He asked to withdraw his complaint because the parties had reached a settlement. Judge Gary Melick permitted withdrawal under the Commission's procedural rule and dismissed both cases. The order does not state…

February 14, 1986 ·Gary Melick ·FMSHRC
Settled
COMM

Matter of Valencia

Appeal summarily dismissed for lack of specific grounds

The respondent was found deportable as a nonimmigrant crewman who remained in the United States longer than permitted, and the immigration judge granted voluntary departure in lieu of deportation. On appeal, the respondent asserted generally that the hearing officer had erred concerning a…

February 14, 1986 ·BIA
Procedural
ALJ

Secretary of Labor on behalf of Larry Collins and Earl Kennedy v. Raven Red Ash Coal Corporation

Raven Red Ash Coal Corporation (FMSHRC VA 85-32-D): Prior violation records admitted in pending discrimination case

In a pending discrimination case involving two miners, Raven Red Ash objected to MSHA records of prior civil penalty assessments. The company questioned whether some records belonged to a different corporate operator. MSHA submitted additional corporate identity records and an explanation of its…

February 13, 1986 ·George A. Koutras ·FMSHRC
Procedural
COMM

Matter of Carballe

Particularly serious crime barred withholding

A Cuban applicant in exclusion proceedings sought asylum and withholding of deportation after convictions for armed robbery and attempted armed robbery. The Board held that a final conviction for a particularly serious crime makes an alien a danger to the community for withholding purposes, and…

February 13, 1986 ·BIA
Other
ALJ

Secretary of Labor v. Youghiogheny & Ohio Coal Co.

Youghiogheny & Ohio Coal Co. (FMSHRC LAKE 86-11): $160 penalty settlement approved

A civil penalty case involving Youghiogheny & Ohio Coal Company's Nelms No. 2 Mine reached settlement at a hearing. The parties proposed reducing the assessed penalty from $240 to $160. Judge Roy J. Maurer reviewed their submissions under the Mine Act's penalty criteria and approved the agreement…

February 12, 1986 ·Roy J. Maurer ·FMSHRC
Settled
COMM

Social Security Administration and AFGE

Arbitration exceptions dismissed as late

AFGE filed exceptions to an arbitration award served by mail on December 18, 1985. The Authority calculated that the exceptions had to reach its national office by January 21, 1986. They arrived on January 28, so the Authority dismissed them as untimely without deciding their substance.

February 12, 1986 ·FLRA
Procedural
COMM

R.D. Anderson Construction

Asbestos monitoring item affirmed but labeling item vacated

R.D. Anderson was renovating a university building where asbestos-containing floor fill was exposed during construction. The Commission held that initial air monitoring was required because loose asbestos, asbestos in settled dust, dry sweeping, and air currents made release into the air more…

February 10, 1986 ·OSHRC
Mixed result
COMM

AFGE Local 3048 and Bureau of Prisons, Lompoc

AFGE Local 3048 and Bureau of Prisons Lompoc (FLRA 0-NG-1236): Negotiability petition dismissed as late

AFGE Local 3048 sought review of a nonnegotiability allegation from the Bureau of Prisons' Lompoc facility. The allegation was apparently served by mail on January 2, 1986. The Authority found that the petition was due January 22 but was not filed until February 3. It dismissed the petition as…

February 10, 1986 ·FLRA
Procedural
COMM

Fort Leavenworth Army Combined Arms Center and AFGE Local 738

Fort Leavenworth and AFGE Local 738 (FLRA 0-AR-1090): Arbitration exceptions filed late

AFGE Local 738 filed exceptions to an arbitration award served by mail on December 26, 1985. The Authority calculated that the exceptions were due at its national office by January 29, 1986. They arrived on January 31. The Authority dismissed the exceptions as untimely without reviewing the award's…

February 10, 1986 ·FLRA
Procedural
ALJ

Secretary of Labor v. Jim Walter Resources, Inc.

Jim Walter Resources, Inc. (FMSHRC SE 85-59 and SE 85-60): Two track-haulage citations upheld, one designation removed

MSHA cited Jim Walter Resources' No. 3 Mine for an inoperative sanding device on a personnel carrier and for timbers obstructing a track haulageway. Judge George A. Koutras held that earlier safeguard notices gave the operator adequate notice of the requirements and upheld both violations. He…

February 7, 1986 ·George A. Koutras ·FMSHRC
Modified
COMM

NAGE Local R14-87 and Kansas Army National Guard

Repromotion protection approved

NAGE Local R14-87 challenged the Kansas Army National Guard's disapproval of two negotiated provisions. The Authority found that a seven-day notice requirement for schedule changes conflicted with a government-wide scheduling rule and dismissed the appeal as to that provision. The other provision…

February 7, 1986 ·FLRA
Mixed result
ALJ

Secretary of Labor on behalf of James Corbin, Robert Corbin, and A.C. Taylor v. Sugartree Corporation, Terco, Incorporated, and Randal Lawson

Sugartree Corporation, Terco, and Randal Lawson (FMSHRC KENT 84-255-D): Discrimination remedies ordered

Judge Gary Melick had found that Sugartree Corporation, Terco, and Randal Lawson unlawfully discharged James Corbin, Robert Corbin, and A.C. Taylor. This decision completed the judge's remedy: he ordered the respondents jointly to pay $34,173.45 to James Corbin, $36,355.90 to Robert Corbin, and…

February 5, 1986 ·Gary Melick ·FMSHRC
Other
COMM

Social Security Administration and AFGE Local 3239

Interim award appeal dismissed

An arbitrator found that the Social Security Administration's Detroit Teleservice Center violated its agreement when it ended free parking for some employees after a move. He deferred the remedy so the parties could explore options. The agency filed exceptions and sought a stay before the…

February 5, 1986 ·FLRA
Procedural
ALJ

Secretary of Labor v. Youghiogheny and Ohio Coal Company

Youghiogheny and Ohio Coal Company (FMSHRC LAKE 85-63): Coal accumulation violation upheld

MSHA found deep accumulations of loose coal and coal dust in several entries at Youghiogheny and Ohio Coal Company's Nelms No. 2 Mine. The company conceded a violation of the combustible-material accumulation standard but disputed its significant-and-substantial designation and the penalty. Judge…

February 4, 1986 ·James A. Broderick ·FMSHRC
Citations affirmed
COMM

Nu-Way Mobile Home Manufacturing, Inc.

General-industry fall citation vacated because construction standards applied

Nu-Way built mobile homes from the ground up on an assembly line, and OSHA cited the general-industry personal-protective-equipment rule after employees worked on a roof without safety belts. The Commission held that the work was construction because the nature of the work, not its factory…

February 4, 1986 ·OSHRC
Citations vacated
ALJ

Secretary of Labor on behalf of Carey D. Rauch v. Mechanical Systems Services Incorporated

Mechanical Systems Services Incorporated (FMSHRC SE 86-15-DM): Discrimination settlement approved

MSHA cited Mechanical Systems Services after it discharged Carey Rauch for refusing work she considered unsafe at the Hanleyville Quarry and Mill. The company provided Rauch the full back pay she sought, and the parties proposed a $400 settlement payment. Chief Judge Paul Merlin accepted the…

February 3, 1986 ·Paul Merlin ·FMSHRC
Settled
ALJ

John Ed Cox v. Tennessee Consolidated Coal

Discrimination complaint dismissed

John Ed Cox alleged that Tennessee Consolidated Coal moved him to a second shift in violation of his seniority rights because of his age. After MSHA denied his discrimination complaint, he filed the case himself with the Commission. At a hearing on the company's dismissal motion, Cox acknowledged…

February 3, 1986 ·Gary Melick ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Adams Stone Corporation

Secretary of Labor v. Adams Stone Corporation (FMSHRC KENT 85-121-M): $720 in mine penalties assessed

The Secretary sought civil penalties against Adams Stone Corporation for alleged mine violations. Before the scheduled hearing, the company said it would not attend. Judge William Fauver treated that statement as a waiver of the hearing and withdrawal of the company's contest. He accepted the…

January 31, 1986 ·William Fauver ·FMSHRC
Citations affirmed
COMM

National Treasury Employees Union and U.S. Customs Service

NTEU and U.S. Customs Service (FLRA 0-NG-293): Union travel reimbursement bargainable on remand

NTEU proposed that the Customs Service pay employees' travel expenses while they performed covered union duties on official time. After a Supreme Court ruling rejected an automatic legal entitlement to those payments, the Authority reconsidered the proposal. It found that agencies retain discretion…

January 31, 1986 ·FLRA
Set aside
COMM

Secretary of Labor on behalf of Ronnie D. Beavers et al. v. Kitt Energy Corporation and UMWA

Secretary of Labor on behalf of Beavers v. Kitt Energy Corporation (FMSHRC WEVA 85-73-D): Ex parte inquiry closed

In a pending miner discrimination case, a second judge questioned three telephone calls between the presiding judge and the Secretary's lawyer. The Commission examined the calls under its rule barring improper private communications about a case. It found that the lawyer had contacted the judge…

January 30, 1986 ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Co.

Secretary of Labor v. Youghiogheny & Ohio Coal Co. (FMSHRC LAKE 84-98): Addendum to lawyer discipline referral

Judge Joseph B. Kennedy added reasons to a disciplinary referral attached to his January 22, 1986 decision in the penalty case against Youghiogheny & Ohio Coal Co. The referral concerned the conduct of the operator's lawyer, Robert C. Kota. Citing appellate decisions about Federal Rule of Civil…

January 30, 1986 ·Joseph B. Kennedy ·FMSHRC
Procedural
COMM

Matter of Naulu

Derivative beneficiary could seek adjustment after principal became a resident

The respondent, a citizen of Tonga, was deportable as a nonimmigrant who remained in the United States longer than permitted, and the immigration judge granted voluntary departure. She later moved to reopen the case so she could seek adjustment of status as a derivative beneficiary through her…

January 30, 1986 ·BIA
Remanded
COMM

L.R. Willson & Sons, Inc.

Perimeter-net citation reinstated after court remand

The Commission had previously vacated a serious citation alleging that L.R. Willson failed to use perimeter netting against exterior falls during structural steel erection. The D.C. Circuit reversed that decision and directed the Commission to reinstate the citation. Following the court's mandate…

January 30, 1986 ·OSHRC
Citations affirmed
COMM

Secretary of Labor (MSHA) v. Halfway, Incorporated

Secretary of Labor v. Halfway, Incorporated (FMSHRC WEVA 85-15): Roof control violation upheld

At Halfway's underground coal mine, a roof control plan required supplemental support when mining within 150 feet of the outcrop. The company mined two rooms in that area without the required support, and the roof had deteriorated or fallen in places. An ALJ affirmed a citation under the roof…

January 29, 1986 ·FMSHRC
Citations affirmed
COMM

Secretary of Labor (MSHA) v. Pittsburg & Midway Coal Mining Company

Secretary of Labor v. Pittsburg & Midway Coal Mining Company (FMSHRC CENT 83-65): Coal dust violation upheld

MSHA cited Pittsburg & Midway Coal Mining Company for coal dust inside two electrical control boxes at its McKinley Mine. An ALJ credited an inspector's account that the dust had accumulated to at least one eighth of an inch and assessed a $400 penalty. The company argued that an ignition source…

January 29, 1986 ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Volunteer Coal Corporation

Secretary of Labor v. Volunteer Coal Corporation (FMSHRC WEVA 85-242): $800 settlement approved

The Secretary filed a civil penalty case against Volunteer Coal Corporation concerning its No. 1 Mine. The parties agreed that the company would pay the proposed $800 penalty in full. Judge Gary Melick reviewed the submissions and found the agreement appropriate under the Mine Act's penalty…

January 28, 1986 ·Gary Melick ·FMSHRC
Settled
COMM

A. Amorello & Sons, Inc.

Backup-alarm violation affirmed as other-than-serious after court remand

On remand from the First Circuit, the Commission reconsidered whether a front-end loader operated in reverse without a working backup alarm. Two OSHA officials observed the loader backing without hearing an alarm, and a later demonstration showed that the alarm did not sound until an operator…

January 28, 1986 ·OSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Kaiser Cement Corporation

Secretary of Labor v. Kaiser Cement Corporation (FMSHRC WEST 84-71-M): $4,750 blasting settlement approved

The Secretary sought $5,100 in penalties for four violations at Kaiser Cement Corporation's Cushenbury Cement Plant. The violations arose from improper blasting procedures that resulted in an injury, and the company promptly abated them. Judge Michael A. Lasher, Jr. approved a $4,750 settlement…

January 27, 1986 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
ALJ

Lady Jane Collieries, Inc. v. Secretary of Labor (MSHA)

Lady Jane Collieries, Inc. v. Secretary of Labor (FMSHRC PENN 85-216): Wage protection citations vacated

MSHA cited Lady Jane Collieries for reducing the pay of two Part 90 miners when the company ended underground mining and reorganized its remaining surface work. The agency said the Part 90 wage protection rule required the miners to keep their previous pay after their job changes. Judge George A…

January 27, 1986 ·George A. Koutras ·FMSHRC
Citations vacated
ALJ

Secretary of Labor (MSHA) v. Power Operating Company, Inc.

Secretary of Labor v. Power Operating Company, Inc. (FMSHRC PENN 85-236): Injury report violation upheld, penalty cut

A miner at Power Operating Company's Frenchtown Strip Mine slipped at work and bruised his knee. The company filed an injury report, but left out its name and several details about the accident. Judge George A. Koutras found that the missing description of what caused the slip violated the…

January 24, 1986 ·George A. Koutras ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. El Paso Sand Products, Inc.

Secretary of Labor v. El Paso Sand Products, Inc. (FMSHRC CENT 85-43-M): $3,600 settlement approved

The Secretary proposed $3,600 in penalties for eight violations at El Paso Sand Products' Chadwick Pit, and the parties proposed settlements for the same total. Chief Judge Paul Merlin found the settlement motion inadequate because it gave no meaningful analysis of the violations or penalties. He…

January 24, 1986 ·Paul Merlin ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Frontier-Kemper Constructors

Secretary of Labor v. Frontier-Kemper Constructors (FMSHRC WEVA 86-76): $7,500 settlement approved

The Secretary brought a civil penalty case against Frontier-Kemper Constructors concerning the Wayne Mine. The parties asked Judge William Fauver to approve their settlement and dismiss the case. The judge found the agreement consistent with the Mine Act's penalty criteria and approved $7,500 in…

January 23, 1986 ·William Fauver ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) on behalf of Juan G. Pena v. Eisenman Chemical Company

Secretary of Labor on behalf of Pena v. Eisenman Chemical Company (FMSHRC CENT 85-47-DM): Discrimination settlement approved

The Secretary brought two consolidated discrimination cases on behalf of Juan G. Pena against Eisenman Chemical Company. The parties agreed that the company would pay Pena $13,000 in back wages without admitting a Mine Act violation. The Secretary agreed to waive a civil penalty once Eisenman paid…

January 23, 1986 ·Roy J. Maurer ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Jim Walter Resources, Inc.

Secretary of Labor v. Jim Walter Resources, Inc. (FMSHRC SE 85-132): $9,500 electrical safety settlements approved

An electrician at Jim Walter Resources' Bessie Mine died while working inside an energized switchbox. MSHA cited the company for work in the energized box, a cable installed without proper fittings, and a power disconnecting device that had not been disconnected. Chief Judge Paul Merlin approved…

January 22, 1986 ·Paul Merlin ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Co.

Secretary of Labor v. Youghiogheny & Ohio Coal Co. (FMSHRC LAKE 84-98): Ventilation penalties set at $1,950

MSHA cited two recirculation violations at Youghiogheny & Ohio Coal's Nelms No. 2 Mine. The operator admitted the violations but challenged their seriousness and the proposed $1,800 in penalties. On remand from an earlier Commission order, Judge Joseph B. Kennedy made additional findings about the…

January 22, 1986 ·Joseph B. Kennedy ·FMSHRC
Modified
ALJ

Secretary of Labor on behalf of Robert Ribel v. Eastern Associated Coal Corporation

Secretary of Labor on behalf of Ribel v. Eastern Associated Coal (FMSHRC WEVA 84-33-D): Private counsel fees set at $721.50

The Commission had affirmed a finding that Eastern Associated Coal discriminated against miner Robert Ribel and sent back a limited question about fees for his private lawyer. The parties then stipulated that $721.50 in attorney fees was due for work obtaining a $605 costs award. Judge George A…

January 21, 1986 ·George A. Koutras ·FMSHRC
Procedural
ALJ

Climax Molybdenum Company v. Secretary of Labor (MSHA)

Climax Molybdenum Company v. Secretary of Labor (FMSHRC WEST 85-98-RM): Citation contest withdrawn

Climax Molybdenum Company contested a citation at its Climax Mine. The judge heard the contest with four other dockets, and the parties presented substantial evidence about this citation. Before they finished, the company asked to withdraw its contest; the Secretary did not object. Judge John A…

January 21, 1986 ·John A. Carlson ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Pyro Mining Company

Secretary of Labor v. Pyro Mining Company (FMSHRC KENT 85-98): Fire sensor citation upheld, S&S finding vacated

At Pyro Mining Company's No. 9 mine, a newly extended conveyor belt lacked a fire sensor at its tailpiece. The company argued that the fire sensor rule allowed 24 production hours to install it. Judge George A. Koutras held that the allowance applied to sensors spaced along the belt, while a sensor…

January 21, 1986 ·George A. Koutras ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Pyro Mining Company

Missing stopping and coal accumulation violations affirmed

MSHA sought civil penalties against Pyro Mining Company for two violations at its Pyro No. 9 Slope coal mine. An inspector found that a permanent stopping required by the mine's approved ventilation plan had not been built, and Pyro argued that the requirement did not apply while it was not…

January 21, 1986 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Pyro Mining Company

Three violations affirmed

MSHA sought penalties against Pyro Mining Company for three violations at its Pyro No. 9 Slope coal mine. The company did not dispute that it had failed to install permanent stoppings required by its approved ventilation plan, but asked the judge to reduce the proposed $1,000 penalty. Judge George…

January 21, 1986 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Southwestern Portland Cement Company

Conveyor citation settlements approved

MSHA cited Southwestern Portland Cement Company for three conditions around a clinker belt conveyor at its quarry plant: an unguarded tail pulley, no emergency stop cord, and unguarded openings. The original penalty assessments totaled $1,800, and the Secretary proposed settling all three for $600…

January 16, 1986 ·Paul Merlin ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Jim Walter Resources, Inc.

Settlement approved for two mine citations

MSHA cited Jim Walter Resources, Inc. for allegedly failing to make a diligent search for fire after cutting operations and for an accumulation of combustible material at its No. 7 Mine. The originally assessed penalties for the two violations totaled $2,500. The Secretary proposed settling them…

January 16, 1986 ·Paul Merlin ·FMSHRC
Settled
COMM

New Boston Coke Corporation

Settlement approved after bankruptcy authorization

New Boston Coke submitted proof that the bankruptcy court had authorized its trustee to execute a settlement agreement. Counsel for the Secretary, the company, and the union had already signed the agreement. The Commission approved the settlement, and the short release does not identify the…

January 16, 1986 ·OSHRC
Settled
COMM

The L.E. Meyers Co., High Voltage Systems Division

Three ladder and fall-protection items vacated

L.E. Meyers, an electrical contractor, was installing protective rubber hosing on power lines when an apprentice fell from a ladder, contacted an energized jumper, and was electrocuted. Another employee was injured when he jumped from the ladder. The Commission held that changing § 1926.28(a) from…

January 16, 1986 ·OSHRC
Citations vacated
ALJ

Turris Coal Company v. Secretary of Labor (MSHA)

Settlement motion denied

Turris Coal Company and the Secretary asked the judge to approve a settlement and dismiss seven consolidated contest and penalty dockets involving four alleged violations at the Elkhart Mine. The proposal reduced the penalty for an inadequately supported roof from $900 to $750, but Judge James A…

January 15, 1986 ·James A. Broderick ·FMSHRC
Procedural
ALJ

Nacco Mining Company v. Secretary of Labor (MSHA) and UMWA

Roof citation modified and penalty assessed

Nacco Mining Company did not dispute that a continuous miner operator worked beyond supported roof at its Powhatan No. 6 Mine, violating 30 C.F.R. § 75.200. MSHA had changed the citation from section 104(a) to section 104(d)(1), which alleged unwarrantable failure. Chief Judge Paul Merlin held that…

January 14, 1986 ·Paul Merlin ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Landwehr Materials, Inc.

Secretary of Labor v. Landwehr Materials, Inc. (FMSHRC LAKE 85-81-M): Noise control citation affirmed

MSHA cited Landwehr Materials, Inc. after measuring excessive noise exposure for a shovel operator at its Wisconsin limestone quarry. The operator wore hearing protection, but the company had not installed a feasible engineering control. A vinyl curtain later reduced the noise level, although…

January 14, 1986 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Peabody Coal Company

Secretary of Labor v. Peabody Coal Company (FMSHRC KENT 85-163): $4,000 settlement approved

MSHA cited Peabody Coal Company after a maintenance foreman died in an accident involving a belt conveyor at its Star North Underground mine. One citation concerned guarding the conveyor drive; the other concerned maintenance work before the belt was deenergized. The Secretary said the foreman's…

January 14, 1986 ·George A. Koutras ·FMSHRC
Settled

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.