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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COMM

Veterans Administration Medical Center, Chillicothe, Ohio and American Federation of Government Employees, Local 1631, AFL-CIO

VA Medical Center Chillicothe and AFGE Local 1631 (FLRA O-AR-432): Promotion award outside FLRA jurisdiction

An arbitrator found that the VA Medical Center in Chillicothe improperly rescinded four physician assistants' promotions and reduced their grade and pay. The agency filed exceptions to the award. The Authority found that the dispute involved actions similar to reductions in grade or pay under 5…

August 9, 1984 ·FLRA
Procedural
COMM

Internal Revenue Service, Jacksonville District and National Treasury Employees Union, Chapter 93

IRS Jacksonville District and NTEU Chapter 93 (FLRA O-AR-386): Representation award upheld

Four IRS employees grieved the denial of requested union representation during investigatory interviews. The arbitrator found only one employee had shown a reasonable belief that the interview might lead to discipline and excluded her statements from any resulting disciplinary action. The agency…

August 9, 1984 ·FLRA
Upheld
COMM

Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Local 1138

Air Force Logistics Command and AFGE Local 1138 (FLRA O-AR-365): Compensatory travel time award set aside

An Air Force employee traveled to Korea on a weekend for a temporary assignment and sought compensatory time. An arbitrator found that the agency violated the labor agreement by scheduling administratively controllable travel outside the basic workweek and awarded 24 hours of compensatory time. The…

August 9, 1984 ·FLRA
Set aside
COMM

Georgia Air National Guard, 165th Tactical Airlift Group and Georgia Association of Civilian Technicians

Georgia Air National Guard and civilian technicians (FLRA O-AR-337): Grade retention removed from award

An arbitrator found that a Georgia Air National Guard technician had worked in a higher grade position long enough to qualify for a temporary promotion and backpay. The award also gave him grade and pay retention after returning to his regular position. The Authority rejected the Guard's challenges…

August 9, 1984 ·FLRA
Modified
COMM

Military Department, State of Oregon, Oregon Army and Air National Guard and American Federation of Government Employees, Local 2986, AFL-CIO

Oregon National Guard and AFGE Local 2986 (FLRA 9-CA-514): Uniform complaint dismissed on remand

The Authority had previously found that the Oregon Army and Air National Guard violated federal labor law by refusing to follow Federal Service Impasses Panel orders about uniforms for civilian technicians. After a court remand, the Authority reconsidered whether technician attire was a management…

August 9, 1984 ·FLRA
Set aside
COMM

State of Nevada National Guard and National Association of Government Employees, Locals R12-130 and R12-145

Nevada National Guard and NAGE locals (FLRA 9-CA-49): Uniform complaint dismissed on remand

The Authority had previously found that the Nevada National Guard violated federal labor law by refusing to follow a Federal Service Impasses Panel order about uniforms for civilian technicians. After a court remand, the Authority reconsidered whether technician attire was a management method or…

August 9, 1984 ·FLRA
Set aside
COMM

State of California National Guard and National Association of Government Employees, Locals R12-125, R12-132, R12-146, R12-150 and R12-105

California National Guard and NAGE locals (FLRA 9-CA-44, 9-CA-95): Uniform complaints dismissed on remand

The Authority had previously found that the California National Guard violated federal labor law by refusing to follow Federal Service Impasses Panel orders about uniforms for civilian technicians. After a court remand, the Authority reconsidered whether technician attire was a management method or…

August 9, 1984 ·FLRA
Set aside
COMM

Florida National Guard and National Association of Government Employees, Local R5-91

Florida National Guard and NAGE Local R5-91 (FLRA 4-CA-300): Official time retained, travel expenses dismissed

The Authority had earlier found that the Florida National Guard unlawfully denied a union representative official time and reimbursement for travel and per diem expenses during impasse proceedings. Following court review, the Authority dismissed the travel and per diem allegations and vacated that…

August 9, 1984 ·FLRA
Mixed result
COMM

U.S. Department of Housing and Urban Development and National Federation of Federal Employees, Independent

HUD and NFFE (FLRA 3-UC-30001): Petition to consolidate 14 units dismissed

NFFE asked to combine 14 bargaining units at HUD offices around the country into one unit. HUD opposed consolidation, pointing to decentralized authority and different working conditions among the offices. The Authority found that the employees lacked a clear and identifiable community of interest…

August 9, 1984 ·FLRA
Other
COMM

Overseas Education Association and Joseph Cardone

Union article unlawfully threatened employee

The Overseas Education Association published an article about an employee's unfair labor practice charge against the union. It used a substitute name but provided enough details to identify him, and it referred to members' wrath and a call for vengeance. The Authority found those statements could…

August 9, 1984 ·FLRA
Upheld
COMM

Department of Defense, Office of Dependents Education and Overseas Education Association, National Education Association

Defense Dependents Schools and OEA (FLRA 3-AC-30009): Certification amended for merged Germany regions

The Overseas Education Association asked the Authority to change the activity name and recast its school employee unit as a broad national unit excluding two regions represented by other unions. The Defense Dependents Schools and an intervening union opposed those broader changes. The Authority…

August 9, 1984 ·FLRA
Mixed result
COMM

Puerto Rico Air National Guard and National Federation of Federal Employees, Local 1665

Puerto Rico Air National Guard and NFFE Local 1665 (FLRA 2-CA-182): Uniform complaint dismissed on remand

The Authority had previously found that the Puerto Rico Air National Guard violated federal labor law by refusing to follow a Federal Service Impasses Panel order about uniforms for civilian technicians. Following a court remand, the Authority reconsidered whether technician attire was a management…

August 9, 1984 ·FLRA
Set aside
COMM

National Guard Bureau, Maine Air National Guard and American Federation of Government Employees, Local 3013, AFL-CIO

Maine Air National Guard and AFGE Local 3013 (FLRA 1-CA-838): Uniform complaint dismissed on remand

The Authority had previously found that the Maine Air National Guard violated federal labor law by refusing to follow a Federal Service Impasses Panel order about uniforms for civilian technicians. After a court remand, the Authority reconsidered whether technician attire was a management method or…

August 9, 1984 ·FLRA
Set aside
COMM

Matter of Connelly

Adjustment of status was not an entry

The respondent, a citizen of the United Kingdom, was admitted as a visitor and later adjusted status to lawful permanent residence after marrying a United States citizen. After the marriage was annulled, he was found deportable based on a conviction for false statements on an alien registration…

August 8, 1984 ·BIA
Affirmed
COMM

U.S. Department of Housing and Urban Development and American Federation of Government Employees

HUD and AFGE (FLRA 3-CA-20788): Union excluded from formal reduction in force meeting

Two HUD division directors held a mandatory meeting with about 30 employees to explain a pending reduction in force, without giving AFGE an opportunity to attend. The Authority found the meeting was a formal discussion because senior supervisors led it, attendance was mandatory, and prepared…

August 8, 1984 ·FLRA
Mixed result
ALJ

Secretary of Labor (MSHA) v. Ross Island Sand & Gravel Company

Ross Island Sand & Gravel Company (FMSHRC WEST 83-111-M): Two $20 safety penalties affirmed

MSHA cited Ross Island Sand & Gravel for debris on a work platform and an unsecured acetylene cylinder at its Ross Island Plant. The company admitted both violations but disputed their gravity and negligence. Judge Virgil E. Vail found both conditions negligent but not serious and assessed the…

August 7, 1984 ·Virgil E. Vail ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Elk Creek Gold Mines Co.

Elk Creek Gold Mines Co. (FMSHRC WEST 84-21-M): Four citations affirmed, penalties total $99

MSHA cited Elk Creek Gold Mines while it reopened the Mackey No. 444 gold and silver mine. The citations concerned missing warning signs at an explosives magazine and fuel area, a missing berm at a dumping edge, and failure to file the mine's legal identity. Judge John A. Carlson held that Elk…

August 6, 1984 ·John A. Carlson ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Thomas E. Jones

Thomas E. Jones (FMSHRC WEST 81-326-M): Foreman penalized for welding without methane monitoring

MSHA sought a personal penalty against Thomas E. Jones, a maintenance foreman at Allied Chemical's Alchem Trona Mine, for directing welding without continuous methane testing. Judge Virgil E. Vail found that Jones knew the testing rule but did not monitor for methane beyond an initial check while…

August 6, 1984 ·Virgil E. Vail ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Medusa Cement Company

Medusa Cement Company (FMSHRC LAKE 83-74-M and five consolidated dockets): Safety settlements total $3,015

MSHA cited Medusa Cement Company for 48 safety violations at its Michigan cement mill, involving equipment guards, walkways, electrical equipment, gas cylinders, and other conditions. After a hearing, the parties agreed on penalties for 47 citations. Judge James A. Broderick approved those…

August 6, 1984 ·James A. Broderick ·FMSHRC
Mixed result
ALJ

Secretary of Labor (MSHA) v. Phelps Dodge Corporation

Phelps Dodge Corporation (FMSHRC WEST 83-107-M): Six mine citations affirmed, $695 assessed

MSHA sought penalties against Phelps Dodge Corporation for six violations at its New Cornelia Branch Mine. The cited conditions involved an unguarded rope starter, unsafe access over a rail trestle, a missing conveyor stop cord, debris in a walkway, exposed oil-pump belts, and uncovered gas…

August 3, 1984 ·Paul Merlin ·FMSHRC
Citations affirmed
COMM

International Association of Machinists and Aerospace Workers, Lodge 81 and Department of the Army, Rock Island Arsenal

Machinists Lodge 81 and Rock Island Arsenal (FLRA O-NG-973): Petition dismissed after withdrawal

The Army disapproved a provision of a Rock Island Arsenal labor agreement concerning changes to employees' prescheduled basic workweek. Machinists Lodge 81 sought a negotiability ruling from the Authority. The Army then withdrew its allegation that the provision was nonnegotiable. With no…

August 3, 1984 ·FLRA
Procedural
ALJ

United Mine Workers of America and Secretary of Labor (MSHA) v. Peabody Coal Company

Peabody Coal Company (FMSHRC KENT 82-105-D): Damages, attorney fees, and penalties ordered

A prior ruling found Peabody Coal liable for discrimination against miners Thomas Williams, Jerry Moore, and Larry Kessinger. Judge Paul Merlin then determined their monetary relief. He awarded back pay and interest to all three, $710 in medical expenses to Williams, and $12,628.50 in attorney fees…

August 3, 1984 ·Paul Merlin ·FMSHRC
Other
COMM

Todd Shipyards Corporation

Unguarded hatch and inadequate lighting violations affirmed

Todd Shipyards employees entered a dark cargo-hold area containing unguarded open hatches while repairing a ship. A leadman fell 30 feet through a hatch and died from his injuries. The judge vacated the citations because he found that Todd did not know and could not reasonably have known employees…

August 3, 1984 ·OSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Eureka Mining Corporation

Eureka Mining Corporation (FMSHRC LAKE 84-68): $50 settlement approved

MSHA brought a civil penalty case against Eureka Mining Corporation concerning two violations at the Patmore Mine. After an evidentiary hearing, the parties proposed settling both violations for $50. Judge Joseph B. Kennedy independently reviewed the hearing record and found the settlement…

August 1, 1984 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

Bureau of Government Financial Operations, Headquarters and National Treasury Employees Union, Chapter 202

Bureau of Government Financial Operations and NTEU (FLRA 3-CA-2646): Prehearing interview complaint dismissed

Agency representatives interviewed an employee as a potential witness for another employee's Merit Systems Protection Board hearing without inviting NTEU. The Judge had found an unfair labor practice, but the Authority previously dismissed the complaint and revisited its reasoning after a court…

August 1, 1984 ·FLRA
Set aside
ALJ

Secretary of Labor (MSHA) v. Cicconi Coal Company

Cicconi Coal Company (FMSHRC PENN 83-158): Default entered, two citations affirmed

MSHA sought a $40 penalty against Cicconi Coal Company for two alleged violations at the Brownsville Mine. Cicconi answered an initial show-cause order but did not claim two later orders sent to its supplied address. Judge Charles C. Moore Jr. held that refusing properly addressed mail did not…

July 31, 1984 ·Charles C. Moore Jr. ·FMSHRC
Citations affirmed
COMM

American Federation of Government Employees, AFL-CIO, Local 3529 and Defense Contract Audit Agency, Chicago, Illinois

AFGE Local 3529 and Defense Contract Audit Agency (FLRA O-NG-570): CPA exam travel reimbursement nonnegotiable

AFGE Local 3529 proposed that the Defense Contract Audit Agency pay travel and per diem expenses for employees taking the Certified Public Accountant examination. The Authority found that an examination that does not itself teach skills or form part of a course is not training covered by the…

July 31, 1984 ·FLRA
Upheld
COMM

United States Department of Transportation, Federal Railroad Administration and American Federation of Government Employees, Local 2814

Federal Railroad Administration and AFGE Local 2814 (FLRA O-AR-497): Inspector selection rerun ordered

The Federal Railroad Administration selected an external candidate for a hazardous materials inspector position in Fort Worth. An arbitrator found that the agency failed to give contractually required special consideration to employees seeking reassignment and considered their moving expenses…

July 31, 1984 ·FLRA
Modified
COMM

Matter of Ngai

Extreme-hardship waiver denied

The applicant, a Chinese national, sought an immigrant visa through a petition filed by her permanent-resident husband and asked for a waiver of a crime-related bar to admission. She argued that her exclusion would cause extreme hardship to her husband and son because of their separation, financial…

July 31, 1984 ·BIA
Affirmed
COMM

Matter of Khatoon

Muslim adoption in India was not valid for immigration purposes

The petitioner sought to classify the beneficiary as the adoptive mother of a United States citizen. Both the petitioner and beneficiary were Muslims from India, and the petitioner relied on an alleged adoption under the Hindu Code. The Board held that the Hindu Code did not apply to Muslims and…

July 31, 1984 ·BIA
Affirmed
COMM

Matter of Correa

Opposed motions to reopen require written reasons

The Service appealed an immigration judge's grant of a Colombian respondent's motion to reopen deportation proceedings so he could seek suspension of deportation. The Board held that an opposed motion to reopen requires the immigration judge to state the reasons for the ruling in writing, even when…

July 31, 1984 ·BIA
Vacated
COMM

Department of Transportation, Federal Aviation Administration, San Diego, California and Professional Airways Systems Specialists

FAA San Diego and PASS (FLRA 8-CA-20268): Union could designate sector representatives

After the FAA merged its Long Beach airway facilities sector into San Diego, it refused to recognize separate representatives chosen by the new union, PASS, for the two groups. The Judge found that refusal unlawful. The Authority agreed with the violation but relied on a different reason: a prior…

July 31, 1984 ·FLRA
Modified
ALJ

Secretary of Labor (MSHA) v. Glinn Arno Gates and Peter G. Johnstone

Glinn Arno Gates and Peter G. Johnstone (FMSHRC WEST 83-31-M): $800 settlement approved for Gates

MSHA alleged that Glinn Arno Gates and Peter G. Johnstone, agents of Anamax Mining Company, knowingly participated in a violation of a mine safety standard at the Twin Buttes Mine. During the hearing, the parties proposed a settlement. Gates agreed to pay $800 without admitting liability, and the…

July 30, 1984 ·Virgil E. Vail ·FMSHRC
Settled
ALJ

Jim Walter Resources, Inc.

Three penalties and two vacated citations

At Jim Walter Resources' No. 3 coal mine, MSHA cited obstructed travelways and self-rescue devices left away from their approved storage place. The judge vacated one track haulage citation after the Secretary withdrew it, and vacated a belt walkway citation because he found the safeguard did not…

July 30, 1984 ·Paul Merlin ·FMSHRC
Mixed result
COMM

U.S. Army Electronics Research and Development Command, Fort Monmouth, New Jersey and National Federation of Federal Employees

Army research command at Fort Monmouth (FLRA O-AR-763): Union exceptions filed after the deadline

The National Federation of Federal Employees challenged an arbitrator's award involving the Army research command at Fort Monmouth. After the arbitrator denied a request to reconsider attorney fees and declined to clarify other parts of the award, the union filed exceptions with the Authority. The…

July 27, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local Union 1547 and Department of the Air Force, Luke Air Force Base, Arizona

AFGE Local 1547 and Luke Air Force Base (FLRA O-AR-742): Clarification letter did not restart appeal deadline

The Air Force filed exceptions to an arbitrator's September 1983 award after receiving a March 1984 letter clarifying the award's remedy. The agency argued that the filing period began with that letter. The Authority found that the arbitrator had only explained the original award and had not…

July 27, 1984 ·FLRA
Procedural
COMM

Matter of Leon Orosco and Rodriguez Colas

Mariel participants did not establish a present persecution risk

Two Cuban nationals who arrived in the United States during the 1980 Mariel exodus asked to reopen their exclusion proceedings so they could apply for asylum and withholding of deportation. They argued that their participation in the Freedom Flotilla made them members of a particular social group…

July 27, 1984 ·BIA
Procedural
ALJ

Secretary of Labor (MSHA) on behalf of Zimmie B. Houser v. Northwestern Resources Co.

Northwestern Resources Co. (FMSHRC WEST 83-101-D): Miner discrimination complaint dismissed

Northwestern Resources laid off Zimmie Houser during a production shutdown and did not recall him when other miners returned. Houser had complained to his foreman about coal dust and faulty steering on a loader. Judge Virgil E. Vail found those complaints protected and found that they partly…

July 26, 1984 ·Virgil E. Vail ·FMSHRC
Other
ALJ

Secretary of Labor (MSHA) v. Pyro Mining Company

Pyro Mining Company (FMSHRC RENT 84-151): Two roof control penalties assessed

MSHA cited Pyro Mining Company for two roof control violations at its No. 9 Slope mine. Pyro conceded the violations, and the judge assessed penalties based on the record from an earlier contest proceeding. He assessed $1,000 for failing to mark an unsupported crosscut and $25 for a roof bolting…

July 26, 1984 ·Richard C. Steffey ·FMSHRC
Citations affirmed
ALJ

Vesta Mining Company

Roof control order vacated and two charges settled

Vesta Mining Company contested three orders at its Vesta Mine, involving roof control, sanding devices, and shelter holes. The parties agreed to settle the sanding and shelter hole charges for their initial assessments of $750 and $130. After the Secretary presented the roof control case at a…

July 24, 1984 ·Joseph B. Kennedy ·FMSHRC
Mixed result
COMM

Federal Employees Metal Trades Council and Portsmouth Naval Shipyard

Portsmouth Naval Shipyard (FLRA O-NG-995): Negotiability petition dismissed after Navy withdrew objection

The Federal Employees Metal Trades Council proposed annual leave arrangements for shipyard employees who were not needed during a holiday curtailment period. The Portsmouth Naval Shipyard initially said the proposal was outside the duty to bargain, and the union sought Authority review. The…

July 24, 1984 ·FLRA
Procedural
COMM

American Federation of Government Employees, International Council of Marshals Service Locals and U.S. Marshals Service

U.S. Marshals Service (FLRA O-NG-652): One union proposal negotiable and three rejected

AFGE's Marshals Service council sought bargaining over leave, reduction in force placements, assignments after an injury, and collateral duties. The Authority held that a nonbinding proposal to use vacancies for qualified employees facing separation was negotiable because management retained its…

July 24, 1984 ·FLRA
Mixed result
COMM

Tidewater Virginia Federal Employees Metal Trades Council and Navy Public Works Center, Norfolk, Virginia

Norfolk Navy Public Works Center (FLRA O-NG-561): One contract provision negotiable, one rejected

The Navy disapproved two local agreement provisions negotiated with the Tidewater Virginia Federal Employees Metal Trades Council. One would let employees remain silent in discussions they believed could lead to action against them; the Authority found that this interfered with management's rights…

July 24, 1984 ·FLRA
Mixed result
COMM

Association of Civilian Technicians, Inc. and Delaware National Guard

Delaware National Guard (FLRA O-NG-540): Reemployment rights proposal outside bargaining duty

The Association of Civilian Technicians proposed a notice saying technicians who voluntarily entered the Active Guard Reserve program would lose restoration or reemployment rights in the bargaining unit. The Delaware National Guard argued that federal law gave those employees restoration rights…

July 24, 1984 ·FLRA
Upheld
COMM

General Services Administration and American Federation of Government Employees, Council 236

GSA and AFGE Council 236 (FLRA O-AR-667): Union representative access award upheld

GSA barred a former employee, now serving as a national union representative, from its premises and refused to deal with him. An arbitrator found that GSA violated the labor agreement and ordered reasonable access to employees and recognition of the representative. GSA challenged the award, citing…

July 24, 1984 ·FLRA
Upheld
COMM

San Antonio Real Property Management Agency and American Federation of Government Employees, Local 3782

San Antonio Real Property Management Agency (FLRA O-AR-643): Union exceptions filed too late

An arbitrator denied AFGE Local 3782's grievance and kept limited jurisdiction to resolve questions about applying his award. The union later sought clarification, and the arbitrator responded without changing the award. The union filed exceptions in September 1983, arguing that the filing period…

July 24, 1984 ·FLRA
Procedural
COMM

Louis A. Johnson Veterans Administration Medical Center, Clarksburg, West Virginia and American Federation of Government Employees, Local 2384

Clarksburg VA Medical Center (FLRA O-AR-555): Incentive award bargaining remedy narrowed

The Clarksburg VA Medical Center changed eligibility criteria for incentive awards without first notifying or bargaining with AFGE Local 2384. An arbitrator sustained the union's grievance and ordered the center to bargain over any change to the criteria. The Authority found that management…

July 24, 1984 ·FLRA
Modified
COMM

Overseas Education Association and Department of Defense Dependents Schools

Defense Dependents Schools (FLRA O-AR-398): Counselor pay arbitration award set aside

A Defense Dependents Schools counselor sought the pay rate for a higher class of counselor, arguing that she performed equivalent duties. An arbitrator found her grievance arbitrable and awarded the higher pay rate. The agency argued that the grievance concerned position classification, which the…

July 24, 1984 ·FLRA
Set aside
COMM

American Federation of Government Employees, National Immigration and Naturalization Service Council and U.S. Immigration and Naturalization Service

INS official time grievance (FLRA O-AR-334): Relief for other employees removed from award

A union official challenged how INS charged his representation time against an annual allotment. The arbitrator ruled in his favor and extended the remedy to other similarly situated employees. INS objected that the parties had submitted only the official's grievance for arbitration. The Authority…

July 24, 1984 ·FLRA
Modified
ALJ

Freeman United Coal Mining Company

Onshift examination citation vacated

MSHA cited Freeman United Coal Mining Company for allegedly failing to make an adequate onshift examination for hazards at its Orient Mine No. 6. During the hearing, the inspector's testimony showed that the charged violation could not have occurred. The Secretary moved to vacate the citation and…

July 24, 1984 ·Joseph B. Kennedy ·FMSHRC
Citations vacated
COMM

Department of the Interior, National Park Service, Western Regional Office and National Federation of Federal Employees, Local 1

National Park Service Western Regional Office (FLRA 9-RA-8, 9-RA-9): Union representation election directed

The National Park Service questioned whether NFFE Local 1 still represented a majority in two Western Regional Office employee units after reorganizations. An Acting Regional Director dismissed the petitions, finding insufficient evidence for a new election. On review and after a hearing, the…

July 24, 1984 ·FLRA
Set aside
COMM

U.S. Immigration and Naturalization Service, San Diego, California and American Federation of Government Employees, Local 2544

INS San Diego (FLRA 8-CA-1195): Complaint dismissed over interview representation request

A Border Patrol agent requested union representation during an investigatory interview, and INS denied the request. The agency assured him that his statements would not be used against him in an administrative proceeding. The Judge found that this assurance removed a reasonable fear of discipline…

July 24, 1984 ·FLRA
Upheld
COMM

United States Forces Korea/Eighth United States Army and National Federation of Federal Employees, Local 1363

Eighth United States Army (FLRA 8-CA-1051): FOIA fee change did not require bargaining

NFFE Local 1363 challenged an Army policy change that charged fees for some information requested under the Freedom of Information Act. The union argued that the change required bargaining. The Authority found that the union had requested the information as a member of the public under FOIA, and…

July 24, 1984 ·FLRA
Upheld
COMM

Department of the Treasury, Internal Revenue Service and National Treasury Employees Union

IRS and NTEU (FLRA 3-CA-20285): Warning meeting was not an employee examination

An IRS employee requested union representation at a meeting with two inspectors about threats he had made against coworkers. NTEU argued that denying the request violated the employee's statutory representation right. The Judge found that the inspectors met to warn the employee, without seeking…

July 24, 1984 ·FLRA
Upheld
ALJ

Lee Lime Corporation

Proposed dust citation settlement requires more support

MSHA cited an excessive nuisance dust condition at Lee Lime Corporation's quarry and mill. The Secretary asked to settle the single citation for $10, down from a proposed $20 penalty. Judge Paul Merlin declined to approve the settlement because the assessment sheet lacked information needed to…

July 20, 1984 ·Paul Merlin ·FMSHRC
Procedural
ALJ

Clinchfield Coal Company

Miners' compensation claim dismissed, then reversed

After an explosion at Clinchfield Coal Company's McClure No. 1 Mine killed seven miners, MSHA issued withdrawal orders and other miners were idled. The United Mine Workers sought one week's compensation for those miners under section 111 of the Mine Act. The judge assumed for this motion that…

July 20, 1984 ·Charles C. Moore, Jr. ·FMSHRC
Other
ALJ

Industrial Mining Company

Three proposed settlements rejected

MSHA cited Industrial Mining Company at its Rogers Pit Mine for missing roadway berms, missing safety belts on a loader, and oil and grease buildup on another loader. The Secretary proposed settling each $54 assessment for $40. Judge Paul Merlin accepted the Secretary's descriptions of the…

July 20, 1984 ·Paul Merlin ·FMSHRC
Procedural
COMM

Daniel Marr & Son Company

General safety-net charge vacated under steel-erection rule

Daniel Marr employees erected steel at the Seabrook Nuclear Power Plant while working up to 115 feet above the ground without safety nets in place. The judge found violations of both the steel-erection net rule and the general construction safety-net rule. Daniel Marr did not seek review of the…

July 20, 1984 ·OSHRC
Mixed result
COMM

Sasser Electric and Manufacturing Company

Crane power-line citation vacated for lack of employer knowledge

Sasser hired an experienced independent crane company to load a generator at its West Virginia facility. During the operation, the crane contacted a 7.2-kilovolt line while two Sasser employees held cables attached to the crane; one employee died and another was hospitalized. The Commission found…

July 20, 1984 ·OSHRC
Citations vacated
COMM

Schwarz-Jordan, Inc.

Scaffold item vacated, laser item affirmed, and tool-label item reduced

Schwarz-Jordan, a drywall subcontractor, faced citations involving an unguarded mobile scaffold, a missing laser warning placard, and an unmarked double-insulated screw gun. The Commission vacated the scaffold item because the scaffold platform itself was less than 10 feet above its base, even…

July 20, 1984 ·OSHRC
Mixed result

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.