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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ALJ

FMC Corporation v. Secretary of Labor (MSHA)

Two citations upheld, others vacated or dismissed

Several consolidated proceedings addressed MSHA citations at FMC Corporation's mine, including a hoist rope, a power switch, compressed gas cylinders, a parked jeep, and roof conditions after a rock injured a miner. Judge Virgil E. Vail upheld the unlabeled power switch citation with a $210 penalty…

May 14, 1984 ·Virgil E. Vail ·FMSHRC
Mixed result
ALJ

Kitt Energy Corporation v. Secretary of Labor (MSHA)

Coal dust withdrawal order affirmed

Kitt Energy contested an unwarrantable failure order based on float coal dust along a conveyor belt at its Kitt No. 1 Mine. The company agreed that the dust violated 30 C.F.R. § 75.400, leaving only the unwarrantable failure finding in dispute. Chief Judge Paul Merlin found that shift reports had…

May 11, 1984 ·Paul Merlin ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Westmoreland Coal Company

$38,000 settlement approved after withdrawal orders vacated

MSHA alleged thirteen violations at Westmoreland Coal Company's Ferrell No. 17 Mine in proceedings connected to a 1980 explosion that killed five miners. An earlier ruling vacated the thirteen withdrawal orders as improperly issued but left the alleged violations for the civil penalty cases. Judge…

May 11, 1984 ·Richard C. Steffey ·FMSHRC
Settled
ALJ

Marjorie Zamora v. United States Fuel Company

Training supervisor's discrimination complaint dismissed

Marjorie Zamora, a training supervisor for United States Fuel Company, alleged that the company discharged her because she raised concerns about miners' training records. Judge Virgil E. Vail found that her complaints about inaccurate task-training certifications were protected under the Mine Act…

May 11, 1984 ·Virgil E. Vail ·FMSHRC
Other
COMM

Secretary of Labor (MSHA) v. Carbon County Coal Company

Ventilation plan summary ruling vacated and remanded

MSHA cited Carbon County Coal Company for operating its Carbon No. 1 Mine without an approved ventilation plan after a dispute over how much air to supply to auxiliary fans. The company argued that MSHA had imposed a general free-discharge-capacity requirement through the plan approval process…

May 11, 1984 ·FMSHRC
Remanded
ALJ

Secretary of Labor (MSHA) v. Mathies Coal Company

$1,500 roof control settlement approved

MSHA issued a roof control order against Mathies Coal Company for failing to follow its approved plan during retreat mining. A roof fall covered a continuous miner and trapped its operator for about an hour and ten minutes. The parties proposed a $1,500 penalty, reduced from $2,000, after…

May 11, 1984 ·Paul Merlin ·FMSHRC
Settled
COMM

National Treasury Employees Union, Chapter 207 and Federal Deposit Insurance Corporation

NTEU Chapter 207 and FDIC (FLRA O-NG-446): Four proposals negotiable, salary proposal barred

NTEU Chapter 207 sought to bargain with the FDIC over merit promotion timing, suggestion awards, outside employment, travel reimbursement, and salary adjustments. The Authority held that the first four proposals were within the duty to bargain. It found that the FDIC had not shown a compelling need…

May 11, 1984 ·FLRA
Mixed result
COMM

Naval Air Rework Facility, Cherry Point, North Carolina and International Association of Machinists and Aerospace Workers, Local Lodge 2297

Cherry Point Naval Air Rework Facility (FLRA O-AR-440): Separation award upheld

The Cherry Point Naval Air Rework Facility separated a probationary employee after attempts to assign work he could perform without discomfort from fiberglass or fumes failed. An arbitrator found that the separation complied with the parties' agreement and that the facility had applied the cited…

May 11, 1984 ·FLRA
Upheld
COMM

U.S. Department of the Interior, Lower Colorado Dams Project, Water and Power Resources Service and International Brotherhood of Electrical Workers, Local 640

Lower Colorado Dams Project (FLRA 9-CA-174): Foreman position restored to bargaining unit

The Lower Colorado Dams Project removed a general foreman position from a bargaining unit represented by IBEW Local 640 under a memorandum of understanding. The union's international president had refused the approval required for that memorandum to take effect. An administrative law judge…

May 11, 1984 ·FLRA
Set aside
COMM

Department of the Navy, Pearl Harbor Naval Shipyard and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local 811

Pearl Harbor Naval Shipyard (FLRA 8-CA-788): Information complaint dismissed

A pipefitters union sought information for a grievance about employees rotated from the third shift to the first at Pearl Harbor Naval Shipyard. Its unfair labor practice complaint alleged that the Navy had failed to furnish employees' names and time worked on the third shift. The Authority found…

May 11, 1984 ·FLRA
Upheld
COMM

Social Security Administration, Baltimore, Maryland and American Federation of Government Employees

Social Security Administration (FLRA 8-CA-1187 et al.): Union rights violations sustained

The consolidated complaints concerned conduct at a Social Security Administration branch office in Indio, California. An administrative law judge found that management threatened and retaliated against employees who sought union help, excluded union representatives, changed Saturday overtime…

May 11, 1984 ·FLRA
Upheld
COMM

U.S. Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, Local 2509

Immigration and Naturalization Service (FLRA 6-CA-440): Housing assignment remedy adjusted

At a hardship post in Presidio, Texas, the Immigration and Naturalization Service changed how it assigned government housing without notifying or bargaining with AFGE Local 2509. It also dealt directly with bargaining unit employees about working conditions. The Authority adopted the judge's…

May 11, 1984 ·FLRA
Modified
ALJ

Secretary of Labor (MSHA) on behalf of James M. Clarke v. T.P. Mining, Inc.

Settlement affirmed and penalty proposal dismissed

After the Secretary and T.P. Mining settled James Clarke's discrimination complaint, Judge Joseph B. Kennedy had separated a proposed civil penalty from the complaint. He affirmed the earlier settlement approval and dismissed the complaint. He also dismissed the severed penalty proposal “for want…

May 10, 1984 ·Joseph B. Kennedy ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Turner Brothers, Inc.

Equipment and dust citations resolved with $575 in penalties

MSHA brought seventeen citations against Turner Brothers at three surface coal mines, involving vehicle warning devices, a seatbelt, fire extinguishers, respirable dust, a parking brake, and gas cylinders. Judge George A. Koutras vacated the seatbelt citation because MSHA had not shown a danger…

May 10, 1984 ·George A. Koutras ·FMSHRC
Mixed result
COMM

Defense Logistics Agency, Defense Depot Tracy and Laborers International Union, Local 1276

Defense Depot Tracy (FLRA 9-CA-401): Sick leave change unlawful, meeting claims rejected

A supervisor at Defense Depot Tracy changed the practice for employees calling in during consecutive days of sick leave. The Authority agreed with the judge that the depot violated its bargaining duty by making the change without notifying the union. It set aside the judge's separate findings that…

May 10, 1984 ·FLRA
Mixed result
COMM

American Federation of Government Employees, Local 236 and General Services Administration, National Archives and Records Service

AFGE Local 236 and National Archives (FLRA O-NG-706): Night shift proposal outside duty to bargain

AFGE Local 236 proposed that summer workers relieve other employees of night duty and that requests for a change of hours be granted by seniority. The National Archives and Records Service argued that this could require assigning more employees to an early shift and hiring additional temporary…

May 9, 1984 ·FLRA
Upheld
COMM

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers and Norfolk Naval Shipyard

Norfolk Naval Shipyard (FLRA O-NG-552): Performance rating levels outside bargaining duty

The Boilermakers union proposed that Norfolk Naval Shipyard use three performance rating levels for each critical or noncritical job element and remove references to two other levels. The Authority found that setting the number of rating levels affected management's use of performance standards to…

May 9, 1984 ·FLRA
Upheld
COMM

National Treasury Employees Union and Internal Revenue Service

NTEU and IRS (FLRA O-NG-524): Incentive pay proposals partly negotiable

NTEU proposed seven rules for an incentive pay system for data transcribers at the IRS Philadelphia Service Center. The Authority held that management could set performance standards and decide which work earned incentives, so it dismissed the petition as to Proposals 1 and 2, the first sentence of…

May 9, 1984 ·FLRA
Mixed result
COMM

National Federation of Federal Employees, Local 1332 and Headquarters, U.S. Army Materiel Development and Readiness Command

NFFE Local 1332 and Army Materiel Command (FLRA O-NG-497): Rating levels reserved to management

NFFE Local 1332 proposed three levels for employee performance ratings at the Army Materiel Development and Readiness Command. The proposal specified what performance would earn each overall rating. The Authority held that choosing the number of rating levels and the requirements for each was part…

May 9, 1984 ·FLRA
Upheld
ALJ

Secretary of Labor (MSHA) v. Pyro Mining Company

$250 settlement approved

A civil penalty proceeding involving Pyro Mining Company's Pyro No. 9 Slope mine ended in a settlement. Judge Joseph B. Kennedy had denied an earlier proposal for $20 and offered to consider $250. The parties agreed to $250 in a renewed motion. The judge approved that motion and dismissed the case…

May 9, 1984 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

National Association of Government Employees, Local R12-35 and Service Employees International Union

NAGE Local R12-35 (FLRA 8-CO-36): Petition letter complaint dismissed

SEIU sought employee signatures for a petition to challenge NAGE Local R12-35's role as bargaining representative at a Navy facility in San Diego. A NAGE official sent members a letter urging them to destroy SEIU petitions. An administrative law judge criticized the letter but found no evidence of…

May 9, 1984 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3477 and Consumer Product Safety Commission

AFGE Local 3477 and CPSC (FLRA O-NG-587): Three appraisal proposals negotiable

AFGE Local 3477 proposed four terms for performance appraisals at the Consumer Product Safety Commission's New York office. The Authority found the first three proposals negotiable when read consistently with governing law and regulations. They concerned appraisal procedures, the meaning of a…

May 8, 1984 ·FLRA
Mixed result
COMM

International Brotherhood of Electrical Workers, Local 570 and Department of the Army, Yuma Proving Ground

Yuma Proving Ground (FLRA O-NG-444): Work assignment and overtime proposals dismissed

IBEW Local 570 proposed rules about who could perform electrical work at Yuma Proving Ground and about overtime pay, meals, callback pay, and travel reimbursement. The Authority found that the first three proposals limited management's right to assign work. It held that federal law governed the…

May 8, 1984 ·FLRA
Upheld
COMM

American Federation of Government Employees, National Council of HUD Locals and Department of Housing and Urban Development

AFGE HUD Council (FLRA O-NG-436): Bargaining ordered over assignment travel repayment

The AFGE HUD Council proposed waiving certain travel expense repayment obligations when management ended an employee's temporary intergovernmental assignment. HUD argued that federal law barred bargaining. The Authority read the proposal as applying only when waiver would comply with the law…

May 8, 1984 ·FLRA
Set aside
COMM

U.S. Department of Justice, Federal Prison System and American Federation of Government Employees, Council of Prison Locals, Local 1494

Federal Prison System (FLRA O-AR-710): Probationary separation award set aside

An arbitrator found that a grievance over the Federal Prison System's separation of a probationary employee was arbitrable and ordered reinstatement with backpay and benefits. The agency excepted to the award. The Authority held that governing law and regulation excluded probationary separation…

May 8, 1984 ·FLRA
Set aside
COMM

U.S. Customs Service and National Treasury Employees Union

Customs Service (FLRA O-AR-642): Exceptions dismissed before final arbitration award

NTEU challenged the Customs Service's employee appraisal system and several employees' ratings in arbitration. The arbitrator ruled that the challenge to the performance elements and standards was not arbitrable, but kept the claim about implementation of the system open for further hearing. The…

May 8, 1984 ·FLRA
Procedural
COMM

Social Security Administration and American Federation of Government Employees, Local 1164

Social Security Administration (FLRA O-AR-325): Probationary termination award set aside

The Social Security Administration terminated a probationary employee for unsatisfactory performance. An arbitrator found that the termination violated the collective bargaining agreement and ordered reinstatement with a continued probationary period. The Authority held that governing law and…

May 8, 1984 ·FLRA
Set aside
ALJ

Secretary of Labor (MSHA) v. Eddie Higgs, d/b/a Higgs Trucking Company

Secretary of Labor (MSHA) v. Higgs Trucking Company (FMSHRC KENT 83-196): Maintenance citation upheld with $21 penalty

A Higgs Trucking Company partner was fatally injured while maintaining a coal haulage truck with its raised bed unsecured at a preparation plant. MSHA cited the company under 30 C.F.R. § 77.404(c) and proposed a $500 penalty. Judge James A. Broderick held that the independent contractor was covered…

May 8, 1984 ·James A. Broderick ·FMSHRC
Citations affirmed
COMM

Department of Transportation, Federal Aviation Administration, Western-Pacific Region and American Federation of Government Employees, Local 2555

FAA Western-Pacific Region (FLRA 8-RA-20001): Former regional bargaining unit dissolved

The FAA combined its Pacific-Asia and Western regions into a new Western-Pacific Region. Only six engineers remained in Hawaii within the former Pacific-Asia professional employees' bargaining unit, while roughly 150 similar engineers worked elsewhere in the new region. Management and labor…

May 8, 1984 ·FLRA
Other
COMM

American Federation of Government Employees, Local 1395 and Social Security Administration, Great Lakes Program Center

AFGE Local 1395 and SSA Great Lakes (FLRA O-NG-394): Performance proposals dismissed

AFGE Local 1395 proposed rules for trainee and instructor performance at the Social Security Administration's Great Lakes Program Center. The proposals would involve a joint committee in setting standards, define productivity requirements, require reassignment of employees performing poorly…

May 7, 1984 ·FLRA
Upheld
ALJ

Louis E. Henderson v. Loring Quarries, Inc.

Discrimination complaint dismissed

Louis Henderson, a powderman at Loring Quarries' limestone mine, said the company fired him because he complained to MSHA about a loose roof seam and refused to work beneath it. Loring said it fired him after a confrontation with his supervisor over a low tire on Henderson's compressor. Judge…

May 7, 1984 ·George A. Koutras ·FMSHRC
Other
COMM

American Federation of Government Employees, Local 2761 and U.S. Army Adjutant General Publication Center

AFGE Local 2761 and Army Publication Center (FLRA O-NG-411): Training committee negotiable

AFGE Local 2761 proposed a joint committee to review training and advise the Army Adjutant General Publication Center on its training program. The Authority read the proposal as giving the union a chance to express views while leaving training decisions with management. It held the committee…

May 6, 1984 ·FLRA
Set aside
ALJ

Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.

$650 settlement approved

MSHA sought a $650 penalty against U.S. Steel Mining for an alleged violation of the mine electrical wiring standard, 30 C.F.R. § 75.514, at its Maple Creek No. 2 Mine. The violation appeared in a section 104(d)(1) order. When the case was called for hearing, U.S. Steel withdrew its contest and…

May 4, 1984 ·George A. Koutras ·FMSHRC
Settled
COMM

New York State Nurses Association and Veterans Administration, Brooklyn Medical Center

New York State Nurses Association (FLRA O-NG-549 and O-NG-603): Assignment clause nonnegotiable

The Nurses Association appealed disputes over bargaining proposals and contract provisions at the Brooklyn VA Medical Center. The Authority found the earlier proposals moot because the parties had replaced them in a negotiated agreement. The agency had withdrawn objections to two provisions in the…

May 3, 1984 ·FLRA
Upheld
COMM

U.S. Department of Justice, Federal Prison System and American Federation of Government Employees, Local 1580

Federal Prison System (FLRA O-AR-743): Removal award outside Authority jurisdiction

An arbitrator upheld the Federal Prison System's removal of an employee for unprofessional conduct. AFGE Local 1580 filed exceptions with the Authority. The Authority held that employee removal is an adverse action covered by the separate review route in 5 U.S.C. § 7121(f). It dismissed the…

May 3, 1984 ·FLRA
Procedural
COMM

Matter of Chu

PRC adoption certificates were essential but not conclusive

A lawful permanent resident petitioned for preference status for a daughter she said she had adopted in the People's Republic of China in 1975. The district director denied the petition because the petitioner had not mentioned the beneficiary in earlier immigration documents, and a consular…

May 3, 1984 ·BIA
Remanded
COMM

Matter of Carrillo

Texas expunction did not erase a drug conviction

The respondent, a Mexican citizen admitted to the United States as a lawful permanent resident, had a Texas marijuana-possession conviction that was later set aside and dismissed after probation. The Immigration Judge treated the Texas procedure as equivalent to the federal first-offender statute…

May 3, 1984 ·BIA
Remanded
COMM

Department of the Air Force, Air Force Systems Command, Electronic Systems Division and National Association of Government Employees, Local R1-8

Air Force Electronic Systems Division (FLRA 1-CA-150): Bargaining violation affirmed, remedy adjusted

The Air Force introduced written performance standards for contract negotiators without giving NAGE Local R1-8 notice and an opportunity to bargain over procedures and effects on employees. The Authority adopted the judge's finding that this violated the agency's bargaining duty. It rejected a…

May 3, 1984 ·FLRA
Modified
COMM

Matter of Alejandro

Appeal rejected for filing defect

The respondent appealed an Immigration Judge's decision finding him deportable and denying his applications for asylum and withholding of deportation. The Board held that the appeal was not properly filed because it lacked the required filing fee and the attached fee-waiver affidavit was neither…

May 2, 1984 ·BIA
Procedural
ALJ

Secretary of Labor (MSHA) v. Gulf Mineral Resources Company

Both citations vacated

MSHA cited Gulf Mineral Resources after a miner was killed while a crew replaced a steel support at its Mt. Taylor uranium mine. One citation alleged that Gulf delayed inspectors' interviews during the accident investigation; the other alleged a failure to examine a working place and correct unsafe…

May 2, 1984 ·John J. Morris ·FMSHRC
Citations vacated
ALJ

U.S. Steel Mining Co., Inc. v. Secretary of Labor (MSHA)

Walkaround pay citation vacated

MSHA cited U.S. Steel Mining for refusing to pay a union representative for time spent accompanying a ventilation inspection at the Gary No. 50 Mine. U.S. Steel contested the citation, arguing that the activity was not an enforcement inspection that triggered walkaround pay under the Mine Act. At…

May 1, 1984 ·Joseph B. Kennedy ·FMSHRC
Citations vacated
ALJ

U.S. Steel Mining Co., Inc. v. Secretary of Labor (MSHA)

Three citations upheld with $275 total penalty

U.S. Steel Mining contested a citation for initially barring a union safety specialist from accompanying an MSHA inspector at its Morton Mine. MSHA also sought penalties for that violation and for two respirable dust violations at the Morton and Shawnee mines. Judge Richard C. Steffey found that…

April 30, 1984 ·Richard C. Steffey ·FMSHRC
Citations affirmed
ALJ

FMC Corporation v. Secretary of Labor (MSHA)

$8,050 settlement approved

FMC Corporation and MSHA resolved consolidated citation contests and civil penalty cases concerning FMC Mine. After a settlement conference, MSHA agreed to modify nine section 104(d) citations or orders to section 104(a) citations, while FMC agreed to higher penalties on eight of eleven charges…

April 27, 1984 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

Dun-Par Engineered Form Co.

Excess serious-violation penalty vacated and remanded

The judge affirmed a serious fall-protection violation involving unguarded floors or, alternatively, missing safety belts. Although the Secretary had originally alleged a repeated violation, the judge classified it as serious and assessed a $1,620 penalty. The Commission held that the penalty…

April 27, 1984 ·OSHRC
Remanded
ALJ

George A. Jack v. Mid-Continent Resources, Inc.

Discrimination complaint dismissed

George Jack alleged that Mid-Continent Resources fired him from an underground coal mining job after he reported an injury from a mine accident and raised safety concerns. His initial complaint to MSHA came after the Mine Act's 60-day filing period, but Judge John A. Carlson excused the delay…

April 26, 1984 ·John A. Carlson ·FMSHRC
Other
ALJ

Secretary of Labor (MSHA) v. Belcher Mine, Inc.

$750 crusher settlement approved

MSHA proposed a $750 penalty after an inspector observed damaged support anchors on a mobile crusher's conveyor structure at Belcher Mine. The inspector issued an imminent danger closure order because workers operated near the structure. During the hearing, Belcher withdrew its defense and agreed…

April 26, 1984 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Metric Constructors, Inc.

Agreed remedies ordered on remand

The Commission remanded this discrimination case to resolve remaining questions about overtime in back pay and expenses for attending hearings. Metric Constructors and MSHA then jointly stipulated to the relief due the complainants without another hearing. Judge George A. Koutras ordered Metric to…

April 26, 1984 ·George A. Koutras ·FMSHRC
Settled
COMM

Tidewater Virginia Federal Employees Metal Trades Council and Department of the Navy, Naval Public Works Center, Norfolk

Norfolk Naval Public Works Center (FLRA O-NG-880): Pay deduction dispute moot

The Tidewater Virginia Metal Trades Council proposed that the Navy advance a lump-sum pay deduction tied to military pension cost-of-living increases and let affected employees repay it over three months. The Navy objected to the proposal's negotiability. By the time the Authority considered the…

April 26, 1984 ·FLRA
Procedural
COMM

U.S. Department of Justice, Immigration and Naturalization Service, Western Regional Office and American Federation of Government Employees, Local 2805

INS Western Regional Office (FLRA O-AR-368): Probationary termination grievance excluded

The INS terminated a probationary employee for conduct involving use of physical force contrary to agency instructions. A grievance challenged the termination, and an arbitrator ruled that the grievance could proceed to arbitration. The Authority held that federal law and regulation excluded…

April 26, 1984 ·FLRA
Set aside
COMM

Department of the Navy, Naval Construction Battalion Center, Port Hueneme and National Association of Government Employees, Local R12-29

Port Hueneme Naval Construction Battalion Center (FLRA 8-CA-566): Official time complaint dismissed

The Port Hueneme Naval Construction Battalion Center had allowed its employees official time to represent NAGE Local R12-29 in bargaining with a separate tenant medical clinic. It ended that practice without first bargaining with the union. An administrative law judge found an unfair labor…

April 26, 1984 ·FLRA
Set aside
COMM

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

Wright-Patterson Air Force Base (FLRA 5-CA-519 and 5-CA-521): Union activity appraisal violation upheld

At Wright-Patterson Air Force Base, a supervisor considered an employee's union activity when preparing her annual performance appraisal. An administrative law judge found that conduct unlawful but dismissed other allegations, including a claim about the supervisor's calls asking why employees…

April 26, 1984 ·FLRA
Upheld
COMM

Department of Justice, Bureau of Prisons, Federal Correctional Institution and American Federation of Government Employees, Local 3696

Butner Federal Correctional Institution (FLRA 4-CA-1227): Representation complaint dismissed

Officials at the Butner correctional facility searched a guard during an investigation into suspected dealings with inmates. He initially asked for a union representative, but later told management to proceed while a representative was on the way. An administrative law judge found that the facility…

April 26, 1984 ·FLRA
Set aside
ALJ

Secretary of Labor (MSHA) v. Superior Rock Products

Six citations upheld, penalties reduced to $107

MSHA cited Superior Rock Products' sand and gravel operation for missing machinery guards, uninsulated cable repairs, inadequate fire extinguishers, and failure to notify the agency that the mine had started operating. Superior did not appear at the hearing or respond to a later show cause order…

April 24, 1984 ·John J. Morris ·FMSHRC
Modified
COMM

Secretary of Labor (MSHA) v. Turner Brothers Inc.

$600 conduct penalty vacated

Turner Brothers sought review of an administrative law judge's civil penalties, including an extra $600 imposed because the judge viewed the operator's conduct in the litigation as disrespectful. The Commission dismissed the company's challenge to $5,100 in penalties after it missed the briefing…

April 24, 1984 ·FMSHRC
Modified
COMM

Culberson Well Service

Employer's review petition dismissed for failure to respond

A judge found Culberson Well Service in serious violation of three shipyard standards and assessed a $600 penalty. The employer petitioned for review on whether the affected employees were exempt as crew members of a vessel. It then failed to file a brief or respond to the Commission's order asking…

April 24, 1984 ·OSHRC
Procedural
ALJ

United States Fuel Company v. Secretary of Labor (MSHA)

Premature reinstatement citation vacated

MSHA cited United States Fuel for refusing to reinstate miner Albert DiCaro under a December 1983 ALJ order in a discrimination case. The company contested the citation, arguing that the reinstatement order was not yet enforceable. Judge William Fauver distinguished an immediately effective…

April 23, 1984 ·William Fauver ·FMSHRC
Citations vacated
ALJ

Secretary of Labor (MSHA) v. Bethlehem Mines Corp.

Battery station citation upheld with $350 penalty

MSHA cited Bethlehem Mines because air ventilating a battery charging station at Windber Mine 78 entered an intake passage instead of going directly to the return air course. Bethlehem argued that some air reached the return and that the inspector's reading of 30 C.F.R. § 75.1105 was new. Judge…

April 23, 1984 ·George A. Koutras ·FMSHRC
Modified
COMM

Morrison-Knudsen Company, Inc.

Settlement agreement approved

The Commission approved the parties' stipulation and settlement agreement. The official release does not describe the citations, standards, settlement terms, penalties, or abatement measures. No further merits ruling appears in the release.

April 23, 1984 ·OSHRC
Settled
ALJ

Forrie W. Everett v. Industrial Garnet Extractives

Discrimination complaint dismissed

Forrie Everett, a maintenance worker at a garnet processing plant, alleged that Industrial Garnet Extractives fired him for raising safety concerns and refusing to weld while standing in a raised loader bucket. Judge James A. Broderick found that Everett's safety complaints and work refusal were…

April 20, 1984 ·James A. Broderick ·FMSHRC
Other
COMM

Jack E. Gravely v. Ranger Fuel Corp.

Dismissal of discrimination complaint affirmed

Jack Gravely alleged that Ranger Fuel fired him for refusing to take his crew past a dangerboard near weak mine roof before a roof fall. The ALJ dismissed his discrimination complaint, and the Commission accepted his review petition filed on the first business day after the 30-day deadline fell on…

April 20, 1984 ·FMSHRC
Citations affirmed

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.