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.
Secretary of Labor (MSHA) v. Dixie Fuel Company
Secretary of Labor v. Dixie Fuel Company (FMSHRC KENT 85-124): $7,900 settlement approved
MSHA cited Dixie Fuel Company for a ventilation violation and a roof control violation at its No. 1 Mine. The roof control violation resulted in one fatal injury and three nonfatal injuries. Judge James A. Broderick approved a settlement of $400 for the ventilation citation and $7,500 for the roof…
Cleveland Electric Illuminating Co.
Settlement order remanded to remove a penalty
The administrative law judge approved the parties’ settlement but assessed a $150 penalty for item 3. Cleveland Electric told the Commission that the order conflicted with the settlement because item 3 should assess no penalty. The Secretary agreed and stated an intention to withdraw the citations…
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): Backpay calculation directions issued
Judge Gary Melick had already found Sugartree Corporation, Terco, and Randal Lawson liable for unlawfully discharging James Corbin, Robert Corbin, and A.C. Taylor. This decision sets the framework for calculating their backpay and related damages, including the value of lost medical coverage and…
Rocco Curcio v. Keystone Coal Mining Corporation
Discrimination case costs and fees awarded
Judge James A. Broderick had already found that Keystone Coal Mining Corporation discriminated against Rocco Curcio under the Mine Act. This supplemental decision fixes the costs and expenses Keystone must pay in connection with that proceeding. The company did not object to the requested attorney…
Secretary of Labor (MSHA) v. Monterey Coal Company
Settlement removes owner from penalty case
MSHA sought penalties against Monterey Coal Company for three alleged safety violations connected with a fatal shaft sinking accident at its Wayne Mine. The shaft work was supervised and controlled by an independent contractor, Frontier-Kemper Constructors. Under the parties' settlement, the…
Secretary of Labor (MSHA) v. Sutherland Coal Company
Settlement approved with installment payments
MSHA alleged two serious safety violations at Sutherland Coal Company's Mine No. 47 that resulted in or contributed to the fatal injury of a mine foreman. The proposed penalties totaled $3,450. The parties agreed that Sutherland would pay the full amount in installments because the mine had closed…
Donald C. Beatty, Jr. v. Helvetia Coal Company
Discrimination case fees and costs awarded
Judge James A. Broderick had already found that Helvetia Coal Company discriminated against Donald C. Beatty, Jr. under the Mine Act. This supplemental decision determines the legal fees and expenses Helvetia must pay. The company did not object to the claimed attorney fees or UMWA travel expenses…
Secretary of Labor (MSHA) v. Pyro Mining Company
Full penalty settlement approved
MSHA cited Pyro Mining Company for insufficient air in a crosscut and a loose coal accumulation near a belt conveyor at its Pyro No. 9 Slope mine. Pyro admitted both violations, withdrew its contest, and agreed to pay the full proposed penalties. Judge George A. Koutras approved that settlement…
Secretary of Labor (MSHA) v. Pyro Mining Company
Noise exposure settlement approved
MSHA cited Pyro Mining Company after a noise survey found exposure for a continuous miner operator at its Pyro No. 9 Slope mine slightly above the allowable limit. Pyro admitted a violation of 30 C.F.R. § 70.501, and the parties proposed reducing the $241 penalty to $50. The Secretary cited…
Tennis Maynard v. Block Coal Company
Discrimination complaint dismissed
Tennis Maynard alleged that Block Coal Company treated him unfairly after an earlier mine safety discrimination complaint and sought reinstatement, wages, and other relief. Judge Roy J. Maurer found that filing discrimination complaints and reporting safety problems to management were activities…
Secretary of Labor (MSHA) v. Melanie Coal Company, Inc.
Settlement approved in six installments
MSHA brought a civil penalty case against Melanie Coal Company, Inc. concerning its No. 4 Mine. Judge Joseph B. Kennedy approved the parties' $3,692 settlement after his own review of the circumstances. He ordered the company to pay in six equal monthly installments beginning January 15, 1986, with…
Schwarz-Jordan, Inc.
Serious scaffold citation reinstated after court reversal
The Commission had previously vacated a citation alleging that Schwarz-Jordan violated the scaffold standard by using an unguarded scaffold. The Fifth Circuit reversed that decision and directed the Commission to reinstate the citation. Following the court’s mandate, the Commission reinstated…
Secretary of Labor (MSHA) v. BJD Coal Company, Inc.
Full proposed penalties approved
MSHA brought two civil penalty cases against BJD Coal Company, Inc. concerning its No. E-1 Mine. The company agreed to pay the full $2,140 in proposed penalties. Judge Gary Melick approved the joint settlement after considering the submitted materials under the Mine Act's penalty criteria. He…
Old Ben Coal Company v. Secretary of Labor (MSHA)
Consolidated settlements approved
Old Ben Coal Company and the Secretary settled four civil penalty dockets and twelve related citation and order contests involving Mine No. 20. MSHA had proposed $16,200 in penalties, and the parties agreed to $10,650. Judge Richard C. Steffey reviewed the proposed reductions against the Mine Act's…
Secretary of Labor on behalf of George M. Swank v. Silver State Mining Company
George M. Swank v. Silver State Mining Company (FMSHRC WEST 85-31-DM): Discrimination settlement approved
George M. Swank brought a mine discrimination complaint against Silver State Mining Company after his employment ended. The parties agreed that Silver State would pay him $2,100 for lost wages and other expenses and waive repayment of loans it had made to him. The Secretary proposed no civil…
Secretary of Labor (MSHA) v. Dorchester Coal Company
Penalty reduced after agency advice
MSHA sought a $79 penalty against Dorchester Coal Company concerning its Dorchester No. 1 Mine. After a hearing, the parties agreed that Dorchester had violated the cited standard but had relied on incorrect verbal guidance from an MSHA district official about that standard. They proposed a $1…
Secretary of Labor (MSHA) v. Yellow Gold of Cripple Creek, Inc.
Gas survey violation affirmed
MSHA cited Yellow Gold of Cripple Creek, Inc. for failing to conduct adequate gas and fume surveys at its Moffat Tunnel Mine. The tunnel could have excessive carbon dioxide and insufficient oxygen, but the company had no suitable testing device in use when inspectors found people working…
Metro Waterproofing, Inc.
Consolidated cases remanded for factual inquiry
Metro Waterproofing’s president, acting without counsel, stipulated that certain violations existed on the inspection date. The judge relied on that stipulation to affirm five citations and assess $17,120 in penalties. A later affidavit asserted that the conditions violated communicated and…
Roger A. Hutchinson v. Ida Carbon Corporation
Discharge complaint dismissed
Roger A. Hutchinson alleged that Ida Carbon Corporation discharged him because he had complained about unsafe mine equipment, especially his rock truck. The truck later struck a highwall, and the company discharged him after discussing the accident. Judge James A. Broderick found that Hutchinson's…
Secretary of Labor (MSHA) v. Denzil Proctor
Individual penalty case dismissed
MSHA sought an individual civil penalty against Denzil Proctor as an agent of the operator of the Raccoon No. 3 Mine. The petition alleged that he knowingly authorized, ordered, or carried out a safety violation charged against the operator. After discovery and discussions with counsel, the…
West Virginia Rebel Coal Company, Inc. v. Secretary of Labor (MSHA)
Reinstatement enforcement citation affirmed
West Virginia Rebel Coal Company refused to reinstate miner Larry Duty after an ALJ ordered his temporary reinstatement in a separate discrimination case. MSHA cited the company for failing to obey that order and issued a withdrawal order when it did not correct the violation within 24 hours. Judge…
Secretary of Labor (MSHA) v. Circle J. Coal Company, Inc.
Three citations sustained by default
MSHA brought a civil penalty case against Circle J. Coal Company, Inc. involving three citations at its No. 3 Mine. The company did not file the required prehearing statement or respond to an order to show cause why it should not be held in default. Judge William Fauver therefore treated the…
Secretary of Labor (MSHA) v. Sohio Electro Minerals Co.
Conveyor guarding citation affirmed
MSHA cited Sohio Electro Minerals Co. because a tail pulley on a conveyor at its Proppant Plant lacked a guard. Sohio did not dispute the violation of 30 C.F.R. § 56.14-1, and the parties asked the judge to decide only the penalty on the written record. Judge James A. Broderick found the condition…
Southern Ohio Coal Company v. Secretary of Labor (MSHA)
Settlements approved and two citations vacated
Southern Ohio Coal Company and the Secretary resolved fourteen related contest and penalty dockets concerning its Martinka Mine No. 1. Judge Richard C. Steffey approved two settlement motions that assessed $605 and $789 for several alleged violations, while modifying two orders to citations. He…
Secretary of Labor (MSHA) v. Jim Walter Resources, Inc.
Ventilation violation affirmed, significant and substantial findings removed
MSHA cited Jim Walter Resources, Inc. for a large hole in an overcast stopping at its No. 4 Mine and for backed-up shower and change room drains. Judge George A. Koutras found that the opening was not a planned ventilation point feeder and that the damaged stopping violated the mine's approved…
Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Co.
$750 penalty supported on remand
MSHA cited Youghiogheny & Ohio Coal Co. for failing to conduct weekly examinations of the return air courses at its Nelms No. 2 Mine. After the Commission remanded the case, Judge Gary Melick explained how the six statutory penalty factors supported his $750 assessment. He found that the required…
Secretary of Labor (MSHA) on behalf of Robert A. Ribel v. Eastern Associated Coal Corporation
Discriminatory discharge affirmed; limited fee issue remanded
Eastern Associated Coal Corporation discharged miner Robert Ribel after he complained about safety on a longwall mining unit and filed a discrimination complaint with MSHA. Eastern alleged that Ribel had sabotaged a telephone, but the Commission upheld the judge's finding that this explanation was…
Secretary of Labor (MSHA) v. Utelite Corporation
Unguarded sprocket penalty reduced to $30
MSHA cited Utelite Corporation for an unguarded sprocket at its open pit mine, and the company stipulated that it violated 30 C.F.R. § 55.14-1. The parties asked Judge John J. Morris to decide the penalty. A welded handrail separated the sprocket from a walkway, and workers would approach it only…
Secretary of Labor (MSHA) v. St. Joe Resources Company
Late penalty filing leads to dismissal
MSHA cited St. Joe Resources Company for an alleged violation of 30 C.F.R. § 57.14013 at its Balmat Mine No. 4 and Mill and proposed a $20 penalty. After St. Joe contested the assessment, Commission Rule 27 required the Secretary to file a penalty proposal within 45 days. The Secretary said a copy…
Simplex Time Recorder Company
Solvent violation reduced from willful to serious
Simplex used lacquer thinner with a four-degree Fahrenheit flash point to clean a spray-booth floor, contrary to a standard requiring at least a 100-degree flash point for that cleaning use. A fire occurred in the booth and an employee died. The Commission held that the standard was validly…
Scott Air Force Base and NAGE Local R7-23
Battery shop schedule complaint dismissed
Scott Air Force Base moved its one-person battery shop from an early morning shift to normal daytime hours. NAGE Local R7-23 alleged the base had failed to bargain over the change. The Authority found that the base had abolished a separate tour of duty, a decision it did not have to bargain over…
IAM Local Lodge 830 and U.S. Naval Ordnance Station, Louisville
IAM Local 830 and Louisville Naval Ordnance Station (FLRA 0-NG-1136): Assignment procedure partly bargainable
IAM Local 830 proposed assigning each Louisville Naval Ordnance Station employee to one regular first-line supervisor and using volunteers and seniority when employees moved between groups or cost centers. The Authority found that the one-supervisor rule dictated the station's organizational…
Fargo VA Medical Center and AFGE Local 3884
Removal award beyond FLRA review
An arbitrator found procedural errors in the Fargo VA Medical Center's removal of a registered nurse and ordered reinstatement with backpay, leaving the agency the option to drop the charges or convene a new board. The VA challenged that award before the Authority. The Authority found that the…
Secretary of Labor (MSHA) on behalf of F. Frederick Pantuso, Jr. v. Cedar Coal Company
Discrimination complaint dismissed after work refusal
The Secretary alleged that Cedar Coal Company discharged drill helper F. Frederick Pantuso, Jr. for raising safety concerns and refusing unsafe work at its No. 28 Mine. Judge Richard C. Steffey decided the case on a record developed in a nine-day hearing before a West Virginia board. He found that…
Secretary of Labor (MSHA) v. Amax Chemical Corporation
Unsafe access citation sustained, penalty reduced
An electrician at Amax Chemical Corporation's Big Four Mine climbed a substation structure to examine a faulty connector and was fatally electrocuted after contacting an energized adjacent connector. MSHA cited Amax under the safe access rule, 30 C.F.R. § 55.11-1. Judge George A. Koutras found that…
Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Company
Penalty findings sent back to judge
Youghiogheny & Ohio Coal Company sought Commission review of a finding that its violation of the weekly examination rule was significant and substantial, and of a $750 penalty. The company argued that the judge had not adequately explained the penalty. The Commission remanded the case for findings…
Secretary of Labor (MSHA) v. The Pittsburg & Midway Coal Mining Company
Coal dust citation vacated
MSHA cited The Pittsburg & Midway Coal Mining Company for float coal dust in electrical cabinets at its McKinley Mine and proposed a $470 penalty. The cited surface mine rule, 30 C.F.R. § 77.202, prohibits dangerous coal dust accumulations. Judge George A. Koutras found that dust was present, but…
Burk Well Service Company
Citation vacated for lack of commerce evidence
OSHA cited Burk Well Service for a willful violation of the general duty clause, and the judge affirmed the citation with a $2,000 penalty. Burk had specifically denied that it was engaged in a business affecting commerce, a fact required for coverage under the Act. The Commission explained that…
General Electric Company
Settlement affirmed over union’s abatement objections
OSHA cited General Electric for exposing employees to burn hazards from hot slag in a molten-metal furnace. The Secretary and GE settled, with GE agreeing to monitor furnaces for slag buildup and address safety precautions for maintenance. The participating union objected that the agreement did not…
Arizona Air National Guard, 162nd Tactical Fighter Group and AFGE Local 2924
Arizona Air National Guard and AFGE Local 2924 (FLRA 8-CA-40172): Threats over protected activity barred
An Arizona Air National Guard supervisor told civilian employees they were being watched more closely because they exercised protected rights, including participation in an unfair labor practice hearing. An administrative law judge found that the statements interfered with employee rights. The…
Fort Bragg and AFGE Local 1770
Schedule notice bargaining complaint dismissed
AFGE Local 1770 proposed that Fort Bragg give employees at least ten days' notice before changing their basic workweek, except in emergencies. The Army refused to bargain, and the union alleged an unfair labor practice. The Authority found that the proposal could prevent management from promptly…
Bureau of the Census and AFGE Local 2782
Census Bureau and AFGE Local 2782 (FLRA 3-CA-30410): Transfer impact complaint dismissed
Forty-five employees moved from the Federal Trade Commission to the Census Bureau, which bargained with AFGE Local 2782 before the transfer over effects on its existing unit. The union later sought bargaining over conditions affecting the newly transferred employees. The Authority found that Census…
NFFE Local 1655 and Adjutant General of Illinois
NFFE Local 1655 and Illinois Adjutant General (FLRA 0-NG-1143): Military compatibility proposal outside bargaining duty
NFFE Local 1655 proposed rules for matching Illinois National Guard technicians' civilian jobs with their military skills, grades, and unit assignments. The Authority found that the proposal governed the technicians' military status. The federal labor relations statute covers their civilian…
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): Miners' discrimination claim sustained, remedies pending
James and Robert Corbin and A.C. Taylor complained about heavy dust and broken water sprays at Sugartree's underground coal mine, then were laid off after refusing to keep working in the conditions. Judge Gary Melick found that Sugartree's president, Randal Lawson, laid them off because of their…
Matter of Kulle
Nazi concentration camp guard found deportable for assisting persecution
The respondent, a German citizen and lawful permanent resident, had served as a guard, guard leader, and trainer at the Gross-Rosen concentration camp during World War II. The Board found that Gross-Rosen was a place where prisoners were persecuted because of race, religion, nationality, and…
Secretary of Labor (MSHA) v. Pyro Mining Company
Four violations sustained, explosives citation dismissed
MSHA brought two penalty cases against Pyro Mining Company concerning conditions at its Pyro No. 9 underground coal mine. Judge William Fauver approved a $91 settlement for one citation and sustained four others involving roof control, respirable dust, coal accumulations, and noise exposure. He…
Charleston Naval Shipyard and Federal Employees Metal Trades Council
Charleston Naval Shipyard and Metal Trades Council (FLRA 0-AR-1063): Exceptions one day late
The Federal Employees Metal Trades Council of Charleston filed exceptions to an arbitration award served on October 21, 1985. The Authority calculated a November 25 deadline. The exceptions arrived November 26, and the Authority dismissed them as untimely without addressing the award's substance.
Panama Canal Commission and Maritime Metal Trades Council
Exceptions filed too late
The Maritime Metal Trades Council filed exceptions to an arbitration award served on October 3, 1985. The filing deadline was November 6. The union first sent its exceptions to an FLRA regional office on November 19, and the national office received them the next day. The Authority dismissed the…
Secretary of Labor (MSHA) on behalf of Paul Z. Swiger v. Consolidation Coal Company
Discrimination settlement approved
The Secretary brought a discrimination case on behalf of miner Paul Z. Swiger against Consolidation Coal Company. The Solicitor told Chief Judge Paul Merlin that an agreement had given Swiger all relief sought in the case. The Solicitor also proposed a $900 civil penalty for a violation of section…
Ernie's Esquire, Inc.
Dismissal remanded for another chance to certify notice
The judge dismissed Ernie’s Esquire’s contest of its citations because the company had not certified that it posted or served the notice of contest for affected employees. The company president sought reconsideration and explained that he had posted materials but believed an affected employee meant…
Cardinal Industries, Inc.
General-industry fall items vacated as preempted
Cardinal built modular housing units on an indoor assembly line using carpentry, plumbing, roofing, and electrical work. OSHA cited two unguarded platforms under the general-industry guardrail standard and the lack of safety belts under the general-industry personal-protective-equipment standard…
Lee Roy Fields v. Chaney Creek Coal Corporation
Reinstatement settlement approved
Lee Roy Fields alleged that Chaney Creek Coal Corporation fired him after safety complaints and his refusal to ride a conveyor belt he believed unsafe. The parties agreed to settle, and Judge George A. Koutras approved the agreement without deciding the allegation. Chaney Creek agreed to reinstate…
Allied Chemical Corporation v. Secretary of Labor (MSHA)
Three equipment citations vacated in settlement
Allied Chemical Corporation contested three MSHA citations concerning equipment at its Alchem Trona Mine. The parties agreed that Allied neither knew nor should have known of the equipment defects in light of MSHA's original certification and approval. Allied agreed to perform and certify weekly…
Secretary of Labor (MSHA) v. Allied Chemical Corporation
Electrical shock required immediate reporting
An Allied Chemical Corporation mechanic received an electrical shock from an arc welder at the Alchem Trona Mine and was observed at a hospital. Allied did not immediately report the incident to MSHA, disputing that it was an accident with a reasonable potential to cause death under the reporting…
Secretary of Labor (MSHA) v. White Oak Coal Company
Roof control citation affirmed, penalty increased
MSHA cited White Oak Coal Company after finding entries wider than its approved roof control plan allowed, roof bolts too far from a rib, and missing roof warning reflectors at the No. 3 Mine. White Oak and its counsel did not attend the hearing, and Judge George A. Koutras found the company in…
Secretary of Labor (MSHA) v. Tammsco, Inc. and Harold Schmarje
Silica dust citation vacated; judge's dismissal upheld
MSHA cited silica processor Tammsco, Inc. after finding that a dust collection shroud was disconnected from a bagging machine, and it sought a penalty against plant manager Harold Schmarje. An administrative law judge dismissed both proceedings because MSHA had not shown that miners were exposed to…
AFGE Local 1799 and Aberdeen Proving Ground
Overtime ride-home proposal barred
AFGE Local 1799 proposed that Aberdeen Proving Ground provide transportation home when an employee had to work unannounced overtime after a normal shift. The Authority found that federal law generally bars use of government vehicles to transport employees between work and home. The statutory…
Tidewater Virginia Federal Employees Metal Trades Council and Norfolk Navy Public Works Center
Tidewater Metal Trades Council and Norfolk Navy Public Works Center (FLRA 0-NG-1167): Paycheck pickup proposal rejected
The Norfolk Navy Public Works Center changed from hand delivery of paychecks and leave statements to mail delivery or direct deposit. The Tidewater Metal Trades Council proposed an onsite location where employees could receive the documents by mail and pick them up. The Authority found that…
NFFE Local 29 and Army Corps of Engineers, Kansas City District
NFFE Local 29 and Army Corps of Engineers (FLRA 0-NG-1147): Grievance coverage split by employee status
NFFE Local 29 proposed a negotiated grievance procedure covering the removal of temporary and probationary employees at the Army Corps of Engineers' Kansas City District. The agency said covering temporary removals would interfere with management rights, but gave no argument explaining how. The…
Redstone Arsenal Army activities and AFGE Local 1858
Redstone Arsenal and AFGE Local 1858 (FLRA 0-AR-998): Mandatory promotion award set aside
An employee at Redstone Arsenal challenged a promotion process, arguing that the selected candidate gained an unfair advantage through extended details. An arbitrator found a violation of a rule against apparent favoritism and ordered the grievant promoted to the next suitable GS-5 opening. The…
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.