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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General Services Administration and AFGE Council 236
GSA and AFGE Council 236 (FLRA 0-AR-971): Attorney fee exception denied
An arbitrator overturned a GSA employee's 14-day suspension but refused to consider a later attorney fee motion under the parties' agreement. AFGE Council 236 challenged that refusal. The Authority found no basis to overturn the arbitrator's contract interpretation. It also found that the…
Social Security Administration Office of Hearings and Appeals and AFGE Local 3615
SSA Hearings and Appeals and AFGE Local 3615 (FLRA 0-AR-940): Bargaining unit ruling set aside
The Social Security Administration refused a clerk's request for union dues withholding and representation because it considered her a supervisor outside the bargaining unit. An arbitrator found that her current duties were not supervisory or confidential and sustained part of the union's…
Barnes and Tucker Company v. Secretary of Labor (MSHA)
Elevator withdrawal order affirmed
Barnes and Tucker Company contested an imminent danger order that shut down the main portal elevator at its Lancashire No. 24-B Mine. Two suspension ropes were out of their grooves on a sheave wheel, and the MSHA inspectors reported that the ropes had overlapped. Judge Gary Melick credited the…
United Mine Workers of America on behalf of Eugene Ronchetto, Gary Gene Ronchetto, and Randall T. McQuay v. Associated Electric Cooperative, Inc.
United Mine Workers of America v. Associated Electric Cooperative, Inc. (FMSHRC CENT 85-111-D): Three discrimination cases settled
The United Mine Workers of America brought three discrimination cases on behalf of Eugene Ronchetto, Gary Gene Ronchetto, and Randall T. McQuay against Associated Electric Cooperative, Inc. The parties reached a settlement before a hearing, contingent on resolving a related civil penalty case…
Social Security Administration, Baltimore and AFGE Local 1501
Social Security Administration and AFGE Local 1501 (FLRA 9-CA-30346): Reorganization complaint dismissed
The Social Security Administration reorganized a Supplemental Security Income unit after discussing the union's proposals. The union alleged that the agency had failed to bargain in good faith and had bypassed it by inviting employees to suggest improvements. The Authority found that the agency had…
IFPTE Local 220 and Sacramento Air Logistics Center
Negotiability petition dismissed for lack of service
IFPTE Local 220 petitioned the Authority to review a negotiability issue involving the Sacramento Air Logistics Center. Its petition did not show that copies, including attachments, had been served on the agency head and the principal agency bargaining representative as the Authority's rules…
Defense Contract Administration Services Management Area, Syracuse and NAGE Local R2-65
Defense Contract Administration Services and NAGE Local R2-65 (FLRA 0-AR-926): Student trainee selection award set aside
A Defense Contract Administration office selected a cooperative education student trainee for a contract specialist position without using its negotiated competitive promotion process. An arbitrator found that the agreement did not list that kind of appointment as an exception and ordered the…
Scott Air Force Base and NAGE Local R7-23
Official time complaint dismissed on remand
A union official at Scott Air Force Base spent substantial official time on representational duties while assigned work on an urgent project remained unfinished. Supervisors asked him to devote time to the project and mentioned possible discipline. After a court remand, the Authority reconsidered…
Secretary of Labor (MSHA) v. N. L. Baroid Division, N.L. Industries, Inc.
Secretary of Labor (MSHA) v. N. L. Baroid Division (FMSHRC CENT 85-6-M): Five mill citations sustained, six vacated
MSHA proposed $870 in penalties for eleven alleged safety violations at N. L. Baroid's Raymond Mill. Judge George A. Koutras sustained five citations concerning two accessible unguarded conveyor pulleys, floor openings, a working place hazard, and a tall stockpile face. He vacated six guarding…
Local Union 1859, District 22, UMWA v. Emery Mining Corporation
Compensation case dismissed after payment
Local Union 1859 sought compensation from Emery Mining Corporation for time miners were idled by an order at the Little Dove Mine. The union then moved to withdraw its complaint because the miners had been compensated for that time. Judge James A. Broderick granted the withdrawal request and…
Local Union 1859, District 22, UMWA v. Emery Mining Corporation
Deseret Mine compensation case dismissed
Local Union 1859 sought compensation from Emery Mining Corporation for time miners were idled by an order at the Deseret Mine. The union moved to withdraw its complaint after the miners received compensation for the time at issue. Judge James A. Broderick granted the motion and dismissed the…
Secretary of Labor (MSHA) v. Keffler & Rose Enterprises, Inc.
Three citation settlement approved at $8,500
MSHA issued three citations after a worker at Keffler & Rose Enterprises' K & R No. 1 Strip Mine died during an assignment to pump water from an underground holding tank. The decision says the worker entered an oxygen deficient tank without a safety belt or lifeline and had not received the…
Southwestern Portland Cement Company v. Secretary of Labor (MSHA)
Three orders changed to ordinary citations
Southwestern Portland Cement Company asked for summary judgment on three MSHA actions at its Odessa Cement Plant: one citation and two withdrawal orders issued under section 104(d)(1) of the Mine Act. Judge John J. Morris found that the alleged conduct was no longer occurring when MSHA investigated…
Secretary of Labor (MSHA) v. Alamo Transit Mix Concrete Company
Ten electrical grounding citations affirmed
MSHA cited Alamo Transit Mix Concrete Company for ten ungrounded metal motor enclosures at its Ortega Pit sand and gravel operation. Alamo argued that ground rods provided protection and that the company should not be liable for an employee's failure to connect the ground wires. Judge John J…
AFGE Local 1923 and Social Security Administration
Union ordered to honor settlement
AFGE Local 1923 agreed in a settlement with the Social Security Administration not to grieve an employee's disciplinary action. It later filed a grievance and sought arbitration over that action. The Authority adopted the judge's finding that this repudiated the settlement and violated the union's…
Association of Civilian Technicians, Montana Air Chapter and Montana Air National Guard
Montana Air Chapter and Montana Air National Guard (FLRA 0-NG-387): Four proposals outside required bargaining
The Association of Civilian Technicians proposed protections for Montana Air National Guard technicians during a reduction in force, including vacancy offers, a hiring freeze, and priority for released workers. It also proposed automatic renewal of job related requirements affecting technician…
Immigration and Naturalization Service and AFGE Local 2724
Earlier charge bars reassignment grievance
An INS officer challenged his permanent reassignment through arbitration after the union had filed an unfair labor practice charge related to the same proposed reassignment. The arbitrator dismissed the grievance because the earlier charge had already raised substantially the same issue on the…
National Association of Air Traffic Specialists and FAA Washington Flight Service Station
Air Traffic Specialists and FAA Washington Flight Service Station (FLRA 0-AR-1029): Attorney fee award set aside; later rescinded
An arbitrator overturned a five-day suspension at an FAA flight service station and later awarded the employee $6,790 in attorney fees. The agency challenged the fee award. The Authority set it aside because the arbitrator had quoted the Back Pay Act and announced entitlement without specific…
Secretary of Labor (MSHA) on behalf of I.B. Acton and others v. Jim Walter Resources, Inc.
Interest and union fees set after remand
After a Commission remand in seventeen consolidated discrimination cases, Judge Gary Melick set interest on damages previously awarded to thirteen miners. He ordered Jim Walter Resources to pay each miner the listed damages and interest within 30 days. The United Mine Workers of America also sought…
Davis-Monthan Air Force Base and AFGE Local 2924
Threat over protected union work prohibited
A union representative at Davis-Monthan Air Force Base questioned a supervisor during an employee grievance meeting. Another manager later warned the representative that repeating the perceived threat could lead to discipline or removal. The Authority adopted the judge's finding that the question…
Social Security Administration Northeastern Program Service Center and AFGE Local 1760
SSA Northeastern Program Service Center and AFGE Local 1760 (FLRA 2-CA-50021): Information request complaint dismissed
AFGE Local 1760 sought records of managers' visits to a new Social Security Administration construction site. It wanted the information for a potential grievance over denial of official time for union representatives to visit the site. The agency declined to provide some of the requested…
Social Security Administration Baltimore and AFGE Local 1923
Social Security Administration and AFGE Local 1923 (FLRA 0-AR-949): Grade promotion award set aside
An SSA employee claimed to have performed GS-4 duties while classified at GS-3. An arbitrator agreed and ordered a retroactive permanent promotion with backpay. The Authority set aside the award because the grievance turned on the grade level of duties the employee performed. That is a position…
Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Company
Roof support citation affirmed
MSHA cited Youghiogheny & Ohio Coal Company for inadequately supported roof along a track entry at its Nelms No. 2 Mine. Judge George A. Koutras found that miners used the entry to reach their work areas and that sagging, fractured roof with dripping water posed a serious roof fall hazard. He…
Dilip K. Paul v. P.B. - K.B.B., Inc.
Design office outside Mine Act jurisdiction
Mining engineer Dilip K. Paul alleged that P.B. - K.B.B., Inc. fired him after he raised safety concerns about a preliminary design for an underground nuclear waste storage project. An administrative law judge allowed his Mine Act discrimination complaint to proceed, treating the firm's Houston…
Gulf States Utilities Company
Grounding citation vacated because insulator work was maintenance
A Gulf States crew replaced vandalism-damaged porcelain insulators with epoxy insulators on a deenergized power line. While the crew removed grounding chains, one chain was taken off out of sequence and a lineman holding a spliced chain was electrocuted by induced current. OSHA cited the utility…
National Center for Toxicological Research and AFGE Local 3393
Arbitrator exceeded submitted issue
Employees challenged a coworker's selection for a position at the National Center for Toxicological Research, alleging that his earlier detail gave him an unfair advantage. The arbitrator found no substantial link between the detail and selection but ordered the coworker's personnel records changed…
Secretary of Labor (MSHA) v. Lava Products, Inc.
Five electrical citations affirmed with reduced penalties
MSHA cited Lava Products, Inc., which operated the Veyo Mine, for five electrical safety violations. The company admitted the violations and contested only the proposed penalties. Judge John J. Morris found the electrical hazards serious and rejected an unsupported claim that the penalties might…
Secretary of Labor (MSHA) v. Pyro Mining Company
Mine safety citations resolved across four dockets
MSHA brought four penalty cases against Pyro Mining Company involving coal accumulations, methane monitoring, ventilation, explosives storage, and locomotive safety. Judge Gary Melick found significant and substantial violations in the contested citations, including two locomotive citations arising…
Sharon Steel Corporation
Flying-steel citation vacated for lack of a current hazard
OSHA alleged that Sharon Steel exposed maintenance employees to flying steel fragments while they changed a bridle roll and sheet steel moved through a temper mill from a payoff reel. The Commission found that earlier reported incidents fell outside the Act’s six-month limitations period. On the…
Secretary of Labor (MSHA) v. Bear Coal Company, Inc.
Settlement vacates a duplicate citation
MSHA and Bear Coal Company settled two penalty cases involving the Bear No. 3 Mine after a hearing on the merits. They agreed that two citations arose from the same facts and that one was duplicative. Judge John A. Carlson approved the agreement, vacated Citation No. 2336348, and reduced the…
Emery Mining Corporation v. Secretary of Labor (MSHA)
Withdrawal order changed to a citation
MSHA issued Emery Mining Corporation a withdrawal order for an alleged escapeway violation after an inspector learned of a condition that had existed five days earlier. Judge Michael A. Lasher, Jr. held that a withdrawal order under section 104(d)(2) had to be based on an inspection, while this…
Kenneth A. Wiggins v. Eastern Associated Coal Corporation
Discharged miner gains future recall rights
Kenneth A. Wiggins stopped roof bolting work so his crew could repair a ventilation problem at Eastern Associated Coal Corporation's mine. The Commission agreed that this was protected safety activity and that an improper disciplinary notice about it contributed to Eastern's later decision to fire…
Secretary of Labor (MSHA) v. Stemco Coal Company, Inc.
Abandoned mine sealing violation affirmed
MSHA cited Stemco Coal Company after it abandoned its No. 2 Mine without sealing its entrances as required. Stemco later placed dirt in all 11 entrances and installed a drain pipe in the mapped Stemco Coal No. 2 area. It provided no drainage for the seals in the mapped Stemco Coal No. 1 area. Judge…
AFGE Local 2484 and Fort Detrick
Fixed shift change notice proposal rejected
AFGE Local 2484 proposed fixed advance notice periods before Fort Detrick changed rotating shifts or established irregular tours of duty. The Authority found that the proposal could prevent the agency from updating an employee's work schedule when it learned that a change was needed. That…
AFGE Local 933 and Veterans Administration Medical Center
Qualification standards proposal rejected
AFGE Local 933 proposed that all candidates for General Schedule positions at a Veterans Administration medical center meet minimum qualification standards set by the Office of Personnel Management. The Authority found the proposal conflicted with a law allowing the Veterans Administration to set…
Social Security Administration and AFGE Local 1923
Temporary promotion backpay period shortened
An arbitrator awarded an SSA employee a retroactive temporary promotion and backpay for a higher grade assignment beginning in October 1981. The agency objected because the contract requiring temporary promotion did not take effect until June 11, 1982. The Authority agreed that the award lacked a…
The Nacco Mining Company v. Secretary of Labor (MSHA) and United Mine Workers of America
The Nacco Mining Company (FMSHRC LAKE 85-87-R): Case reassigned after judge rejected remand instructions
The Commission had sent Nacco Mining's case back to the presiding judge on October 17, 1985, for a final decision on the merits. That earlier order addressed a conversation between the judge and a witness, a proposed further hearing, and Nacco's request to assign a different judge. The judge then…
Jimmy R. Mullins v. Beth-Elkhorn Coal Corporation and United Mine Workers of America
Jimmy R. Mullins v. Beth-Elkhorn Coal Corporation (FMSHRC KENT 83-268-D): Part 90 discrimination complaint granted by judge
Jimmy R. Mullins, a coal miner eligible for low-dust work under Part 90, lost a dispatcher position after an arbitrator ruled that a union contract's seniority provision did not apply to him. Judge Richard C. Steffey found that the contract interpretation deprived Mullins of rights under Part 90…
Matter of Graves
Uninterrupted physical presence required for residence preservation
The applicant, a citizen of the United Kingdom and a permanent resident of the United States, sought to preserve residence for naturalization purposes while working for an American company in London. During the relevant period, he made 15 business trips outside the United States totaling 108 days…
FMC Corporation
Additional plant inspection allowed with cost reimbursement
OSHA cited FMC under the general duty clause for allegedly failing to control potential exposure from an uncontrolled methyl isocyanate reaction at its pesticide plant. After numerous inspections and extensive cooperation by FMC, the Secretary sought another plant inspection by expert witnesses to…
IRS Louisville District and National Treasury Employees Union
IRS Louisville District and NTEU (FLRA 4-CA-1232): Supervisor's attorney letters did not violate labor law
An IRS supervisor's private attorney sent letters concerning an employee's accusations against the supervisor while the employee pursued a grievance. A judge found that the letters threatened a lawsuit and interfered with protected grievance activity. The Authority disagreed. It read the letters as…
Environmental Protection Agency Region II and AFGE
EPA Region II and AFGE (FLRA 2-CA-20488): Office relocation complaint dismissed
EPA Region II moved about 12 employees roughly 50 feet across the same floor to a noisier area with less space. A judge found that the move had enough impact to require bargaining over procedures and arrangements for affected employees. The Authority disagreed after weighing the limited move, the…
U.S. Mint Assay Office and AFGE Local 51
Arbitration exceptions dismissed for rule violation
AFGE Local 51 filed exceptions to an arbitration award involving the U.S. Mint's San Francisco Assay Office. The Authority told the union that its filing did not meet procedural requirements and gave it 21 days to make specified corrections. The union submitted nothing by the deadline. The…
Secretary of Labor (MSHA) v. Beckley Coal Mining Company
Secretary of Labor v. Beckley Coal Mining Company (FMSHRC WEVA 85-28): Penalty case dismissed after payment
Beckley Coal Mining Company told the Commission, in response to an order to show cause, that it had paid the penalty in full and did not want a hearing. Chief Administrative Law Judge Paul Merlin dismissed the civil penalty case. He also rejected the company's assertion that the payment could not…
Secretary of Labor (MSHA), on behalf of Dennis C. Jones v. Southern Ohio Coal Co.
Secretary of Labor on behalf of Dennis C. Jones v. Southern Ohio Coal Co. (FMSHRC WEVA 85-299-D): Complaint conditionally dismissed pending amendment
The Secretary of Labor brought a discrimination complaint on behalf of Dennis C. Jones against Southern Ohio Coal Co. Judge Joseph B. Kennedy found that the complaint did not comply with Commission Rule 42. He ordered it dismissed unless the Solicitor filed an appropriate amended complaint by…
Machinists Union and Naval Undersea Warfare Engineering Station
Petition dismissed one day late
The Machinists Union petitioned for review of a negotiability dispute with the Naval Undersea Warfare Engineering Station. The agency's allegation of nonnegotiability had been served by mail on September 30, 1985, making October 21 the filing deadline under the Authority's timing rules. The…
Hobet Mining & Construction Company v. Secretary of Labor (MSHA)
Hobet Mining & Construction Company v. Secretary of Labor (FMSHRC WEVA 84-209): Blasting order and citation affirmed, then reversed on review
At Hobet's No. 21 Surface Mine, flyrock from a December 1983 blast seriously injured a blasting crew member. Judge James A. Broderick found that Hobet had a practice of letting crew members remain in an open blasting area where flyrock could reasonably be expected to cause injury, without suitable…
McAlester Army Ammunition Plant and AFGE Local 2815
Paycheck delivery complaint dismissed
McAlester Army Ammunition Plant changed from handing out paychecks on site to mailing them. An administrative judge found that the plant should have bargained with AFGE Local 2815 before changing the practice. The Authority disagreed. It held that paycheck distribution concerned the method of a…
Bureau of Reclamation and NFFE Local 1991
Bargaining required for some leave policy changes
The Bureau of Reclamation changed its practice of advancing annual leave at the start of a leave year without first giving NFFE Local 1991 notice and a chance to request bargaining. The Authority agreed with the judge that the bureau violated its bargaining duty for changes that remained…
The Nacco Mining Company v. Secretary of Labor (MSHA) and United Mine Workers of America
The Nacco Mining Company v. Secretary of Labor (FMSHRC LAKE 85-87-R): Judge files statement objecting to Commission remand
After the Commission's October 17, 1985 remand order in Nacco Mining's case, Judge Joseph B. Kennedy filed a statement opposing the Commission's decision to end his inquiry into a contact between a witness and the judge. He also objected to the Commission's directions concerning his treatment of…
AFGE Local 1858 and Army Ballistic Missile Technology Defense Center
Late petition dismissed
AFGE Local 1858 petitioned for review of a negotiability dispute with an Army activity at Redstone Arsenal. The agency's allegation of nonnegotiability was served by mail on October 2, 1985. Applying the Authority's filing rules, the petition was due October 22, but arrived October 23. The…
Wayne W. Howard v. Double D & T Coal Co., Inc. and Little Robin Coal Co., Inc.
Wayne W. Howard v. Double D & T Coal Co. (FMSHRC WEVA 85-48-D): Discrimination complaint dismissed after layoff
Wayne W. Howard complained to mine management after finding his roof bolter connected to a defective circuit breaker. He was laid off two days later and alleged that the layoff violated the Mine Act's protection for safety complaints. Judge Gary Melick found Howard's complaint protected but…
Secretary of Labor (MSHA) v. Pyro Mining Company
Secretary of Labor v. Pyro Mining Company (FMSHRC KENT 84-236 and six other dockets): Total civil penalties corrected to $7,671
Judge Gary Melick amended an earlier decision in seven civil penalty proceedings involving Pyro Mining Company. The amendment corrected the total civil penalties payable to $7,671. It ordered Pyro to pay that amount within 30 days. This amended decision does not identify the cited mine safety…
Secretary of Labor (MSHA) v. Co-op Mining Company
Secretary of Labor v. Co-op Mining Company (FMSHRC WEST 84-64): Two citations affirmed with $375 total penalty
Co-op Mining Company admitted two violations at its Bear Canyon No. 1 mine: missing records of weekly electrical equipment examinations and failure to post information about miners' representatives. The dispute concerned the penalties. Judge John J. Morris found that electrical inspections had been…
Matter of Gharadaghi
Asylum denied as a matter of discretion, withholding granted
The applicant was a 24-year-old Armenian Christian from Iran who sought admission to the United States after traveling through Pakistan, Italy, and Canada. The immigration judge found him excludable for lacking a valid immigrant visa, denied asylum as a matter of discretion, and did not rule on his…
MLB Industries, Inc.
Fall-protection citation vacated because Crown controlled the work
MLB supplied three union laborers to Crown Zellerbach for emergency concrete-floor removal work at Crown’s construction project. The workers used no fall protection, and one fell about 14 feet when the concrete beneath him gave way and later died from his injuries. The judge treated MLB as the…
Health Care Financing Administration and AFGE Local 1923
Travel overtime award set aside
A safety specialist traveled outside duty hours to visit three regional offices and received an arbitration award of 23 hours of overtime. The Health Care Financing Administration challenged the award. The Authority found that the visits and travel had been scheduled by the employee with the…
Department of Labor Employment and Training Administration and AFGE Local 12
Labor Department and AFGE Local 12 (FLRA 3-CA-30603): Complaint over workplace confrontation dismissed
A supervisor and union representatives at the Labor Department's Employment and Training Administration had two brief physical confrontations during a dispute over employee representation. An administrative judge recommended dismissing the resulting unfair labor practice complaint. The Authority…
Secretary of Labor (MSHA) v. Youghiogheny & Ohio Coal Co.
Secretary of Labor v. Youghiogheny & Ohio Coal Co. (FMSHRC LAKE 85-90): Three mine safety violations sustained
At the Nelms No. 2 Mine, Youghiogheny & Ohio Coal Co. faced three alleged violations involving inadequate face ventilation, float coal dust, and missing weekly examinations of return air courses. Judge Gary Melick found each violation significant and substantial and assessed penalties of $400…
Secretary of Labor (MSHA) v. J & K Trucking
Secretary of Labor v. J & K Trucking (FMSHRC KENT 85-123): $68 settlement approved
The Secretary of Labor and J & K Trucking jointly asked Judge Gary Melick to approve a settlement in a civil penalty case involving the No. 4 Surface Mine. J & K Trucking agreed to pay the proposed $68 penalty in full. After considering the parties' submissions and an MSHA investigation report, 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.