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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Secretary of Labor (MSHA) v. Riverway North, Inc.
Penalty case dismissed after Secretary missed orders
MSHA sought a $20 civil penalty against Riverway North for an alleged violation of 30 C.F.R. § 71.802 at its dock. Neither party answered the judge's prehearing or show-cause orders, although Riverway North had requested a hearing and filed an answer contesting the allegation. Judge Richard C…
Internal Revenue Service, Wichita District and National Treasury Employees Union
IRS Wichita District (FLRA 7-CA-20105): Midterm bargaining travel claim dismissed
NTEU sought payment of a union representative's travel and per diem expenses for midterm negotiations with the IRS Wichita District. The agency refused, and the union charged that this violated the statutory official time duty. The Authority held that official time for negotiations did not require…
Department of Defense, Departments of the Army and Air Force, Headquarters Army and Air Force Exchange Service, Dallas and National Federation of Federal Employees
Army and Air Force Exchange Service (FLRA 6-CA-30078): Travel expense complaint dismissed
The Army and Air Force Exchange Service refused to reimburse two union representatives for travel and per diem expenses incurred during bargaining. An Administrative Law Judge found that the refusal violated federal labor law and recommended reimbursement. The Authority disagreed after the Supreme…
U.S. Department of Defense, Department of the Air Force, Air Force Logistics Command and San Antonio Air Logistics Center and International Association of Firefighters, Local F-89
San Antonio Air Logistics Center (FLRA 6-CA-30076): Union travel expense complaint dismissed
The International Association of Firefighters sought reimbursement for a union representative's travel and per diem expenses from Air Force bargaining sessions. The Air Force refused to pay, and the union alleged that the refusal violated the statutory official time duty. On a stipulated record…
U.S. Department of the Treasury, Internal Revenue Service and Austin Service Center and National Treasury Employees Union and Chapter 72
IRS Austin Service Center (FLRA 6-CA-30019): Negotiator travel expense claim dismissed
The IRS Austin Service Center refused to reimburse a union negotiator's travel and per diem expenses for three bargaining sessions. An Administrative Law Judge found that the refusal violated the agency's duty to provide official time and recommended a remedy. The Authority reached the opposite…
Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Council 214
Air Force Logistics Command (FLRA 5-CA-20150): Bargaining travel costs need not be paid
The Air Force Logistics Command refused to pay a union negotiator's travel and per diem costs for midterm bargaining. An Administrative Law Judge found that the refusal violated the agency's official time duty. The Authority rejected that finding after the Supreme Court held that official time for…
Department of Defense Dependents Schools and National Education Association/Overseas Education Association, Pacific Area Director
Defense Dependents Schools (FLRA 38-CA-20113): Pacific negotiator expense claim dismissed
The Overseas Education Association sought travel and per diem reimbursement for a union negotiator who attended bargaining and mediation sessions. The Defense Dependents Schools denied the request, and the union filed an unfair-labor-practice charge. On the stipulated record, the Authority held…
Department of Defense Dependents Schools and Overseas Education Association
Defense Dependents Schools (FLRA 3-CA-2717): Negotiation travel claim dismissed
The Overseas Education Association sought travel orders and per diem expenses for employee representatives attending contract negotiations and mediation with the Defense Dependents Schools. The agency refused, and the union charged it with violating the statutory official time provision. On a…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Eight citations upheld; one vacated
MSHA brought nine citations against U.S. Steel Mining Company at its Maple Creek No. 2 Mine. The cited conditions involved roof support, electrical wiring and fittings, and a loose shuttle car headlight. Judge Gary Melick upheld eight citations, finding that several conditions posed serious hazards…
Secretary of Labor (MSHA) v. Turner Brothers, Inc.
Penalty order corrected to $1,070
Judge Gary Melick amended his December 12, 1983 final decision in two civil penalty proceedings against Turner Brothers. He identified a clerical mistake in the order and replaced its penalty paragraph. The corrected order requires Turner Brothers to pay $1,070 within 30 days of the decision. This…
Secretary of Labor (MSHA) v. Homestake Mining Company
Six citations vacated; $1,400 assessed
MSHA pursued seven consolidated penalty cases against Homestake Mining Company, operator of a South Dakota gold mine. The parties settled many citations, while Judge Virgil E. Vail heard evidence on the remaining disputes involving mine equipment and safety conditions. He vacated six citations…
Secretary of Labor (MSHA) v. Kenneth Denson
Brakes and roadway citations upheld; penalties reduced
A front-end loader at Kenneth Denson's small gold mine went off an elevated roadway into a pit, killing one worker and causing another to lose a leg. MSHA cited defective brakes on the loader and the absence of a berm along the roadway. Judge Virgil E. Vail found both violations proven and said…
Secretary of Labor (MSHA) v. Shamrock Coal Company, Inc.
Ventilation citation upheld
MSHA cited Shamrock Coal for inadequate ventilation at three working places in its No. 10 Mine. Shamrock argued that the places were not working faces because no coal was being mined there when the inspector arrived and that the existing brattice was sufficient. Judge Gary Melick held that the…
Matter of Allied Fidelity Insurance Company
Habeas filing did not excuse bond breach
An immigration bond obligor appealed after the district director found that a $5,000 delivery bond was breached because the alien was not surrendered when demanded. The obligor argued that the alien's filing of a federal habeas petition on the surrender date excused the failure and made the breach…
Secretary of Labor (MSHA) v. Alabama By-Products Corporation
Full $750 coal accumulation penalty approved
MSHA sought a $750 penalty against Alabama By-Products for coal and coal dust accumulations at its Gorgas America No. 7 Mine. After the company tendered the full proposed amount, the parties asked to withdraw their pleadings. Judge William Fauver denied withdrawal but treated the request as a…
American Federation of Government Employees, Local 3424 and Federal Home Loan Bank Board, San Francisco
Federal Home Loan Bank Board (FLRA O-NG-719): Weekend travel time proposals rejected
AFGE Local 3424 proposed duty time for employees to travel home from temporary assignments on weekends and to return to their official duty stations during longer assignments. The Federal Home Loan Bank Board objected to the proposals. The Authority found that each would prevent the agency from…
National Treasury Employees Union and Internal Revenue Service, San Francisco
IRS San Francisco (FLRA O-NG-535): Certifying officer proposals nonnegotiable
NTEU proposed four rules for IRS employees who certified agency payments. Three proposals would have changed who bore financial liability for an improper payment, the procedures for challenging it, or when liability arose. The Authority held those proposals inconsistent with the federal statute…
Harry S. Truman Memorial Veterans Hospital, Columbia, Missouri and American Federation of Government Employees, Local 3399
Truman Veterans Hospital (FLRA O-AR-203): Reprimand award upheld
A union president at the Truman Veterans Hospital received a written reprimand after disobeying an order to return to work. An arbitrator found the order was disobeyed and denied the grievance challenging the reprimand. The union argued that the employee's union duties protected him from discipline…
A.R.A. Manufacturing Co.
Nonserious respirator violation affirmed
About 50 gallons of 1,1,1-trichloroethane spilled from an enclosed degreaser while two A.R.A. employees tried to stop the leak without suitable, readily accessible respirators. An open-surface degreaser was nearby and had also experienced spills. The Commission agreed with the judge that section…
Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard (FLRA 3-CA-816): Representation violation upheld, remedy narrowed
Norfolk Naval Shipyard questioned an employee about her refusal to sign a packing slip without the union representative she had requested. The Authority agreed with the Administrative Law Judge that this investigatory interview violated her representation rights. It ordered the shipyard to restore…
U.S. Army Concord District Recruiting Command and David Keuther and American Federation of Government Employees, Local 1900
Army Concord Recruiting Command (FLRA 1-DR-20001): Decertification vote allowed
An employee of the Army Concord District Recruiting Command petitioned for a vote on whether AFGE Local 1900 should remain the bargaining representative. The union argued that its contract barred the petition because it was filed outside the statutory challenge period. The Authority found…
Department of the Navy, Portsmouth Naval Shipyard and International Federation of Professional and Technical Engineers, Local 4
Portsmouth Naval Shipyard (FLRA 1-CU-30003): Radiological technicians moved into IFPTE unit
IFPTE Local 4 sought to add about 70 radiological monitoring technicians at Portsmouth Naval Shipyard to its bargaining unit or, alternatively, to hold a separate election. The technicians had remained in a metal trades unit after their positions became general schedule jobs. The Authority found…
Matter of Kazemi
Renewed passport waiver required review
The applicant, an Iranian citizen seeking admission as a nonimmigrant student, had a student visa but faced questions about the validity period of his passport. The Immigration Judge found him inadmissible and ordered exclusion and deportation after applying a passport standard tied to the full…
Eddie Lee Sharp v. Magic Sewell Coal Company
Back pay and expenses awarded after unlawful discharge
An earlier decision found that Magic Sewell Coal Company unlawfully discharged Eddie Lee Sharp. In this remedy order, Judge Charles C. Moore Jr. calculated back pay through the date the company went out of business, when reinstatement ceased to be possible. He awarded Sharp $8,295 in back wages and…
H.P. Fowler Contracting Corporation
EAJA prevailing-party ruling reversed
Fowler settled citations concerning sewer-manhole hazards after one willful item was withdrawn, two willful items were reduced to serious, and proposed penalties fell from $11,200 to $2,080. The chief judge denied Fowler's application for $6,618.40 in fees and expenses under the Equal Access to…
Secretary of Labor (MSHA) v. Ramah Mines Company
Emergency communication citation affirmed by default
MSHA cited Ramah Mines Company because its mine and mill lacked a telephone or radio for emergency communication. No one appeared for Ramah at the hearing, where an MSHA inspector testified about the condition. Judge John A. Carlson then gave the company an opportunity to explain its absence before…
Commander, 554th Combat Support Group, Nellis Air Force Base and American Federation of Government Employees, Local 1199
Nellis Air Force Base (FLRA O-AR-424): Duty station bargaining order removed
Nellis Air Force Base established a new duty station for 18 employees working at a flight training range. An arbitrator ordered the Air Force to bargain over that decision because it was closely linked to negotiable changes in work hours. The Authority held that deciding where to establish a duty…
Elias Moses v. Whitley Development Corporation
Back pay set after discrimination remand
The Commission had affirmed that Whitley Development Corporation unlawfully discharged Elias Moses and sent the case back for a back-pay calculation. Judge Richard C. Steffey reviewed payroll records, periods of other employment, layoffs, and a later refusal to reinstate Moses. He awarded…
Tonawanda Coke Corporation
Citation item withdrawn
A judge had affirmed item 4 of a serious citation against Tonawanda Coke, and the Commission granted review of the employer's challenge. After reconsidering the record, the Secretary concluded that further adjudication was unwarranted and withdrew the item. The Commission treated the notice as a…
Lonnie Jones v. Mingo Coal Company, Inc.
Discrimination complaint against mine owner dismissed
Lonnie Jones alleged that he was discharged after refusing to work additional hours at a coal mine owned by Mingo Coal Company. He brought a discrimination complaint against Mingo, which sought dismissal and summary decision. Judge Gary Melick found that Jones worked for D & R Contractors, which…
James Eldridge v. Sunfire Coal Company
Discrimination case dismissed after settlement
James Eldridge and Sunfire Coal Company settled a Mine Act discrimination case while cross-petitions for Commission review were pending. They jointly asked to withdraw their petitions and dismiss the case. Their signed agreement called for Sunfire to pay Eldridge $25,341 in back wages and his…
Secretary of Labor (MSHA) v. Martin County Coal Corporation
Penalty petition dismissed after reversal
The Secretary of Labor sought a civil penalty against Martin County Coal Corporation based on an earlier ruling that the company violated the Mine Act by excluding a miners' representative from its property. The Commission reversed that underlying ruling and held that the exclusion did not violate…
Patrick J. Mooney v. Sohio Western Mining Company
Dismissal of discrimination complaint affirmed
Sohio Western Mining Company discharged underground laborer Patrick Mooney after warnings for attendance violations. Mooney alleged that the discharge retaliated against him for refusing unsafe work and complaining about accident reports after an injury. An administrative law judge dismissed his…
Secretary of Labor (MSHA) on behalf of Douglas A. Burke v. Brown & Root, Inc.
Secretary of Labor on behalf of Douglas A. Burke v. Brown & Root, Inc. (FMSHRC WEST 83-95-DM): Discrimination case settled for $7,500
The Secretary of Labor brought a discrimination case on behalf of Douglas Burke against Brown & Root, Inc. The parties agreed that Brown & Root would pay Burke $7,500 for lost wages and other expenses related to his discharge and remove adverse discharge references from his employment record. Burke…
Secretary of Labor (MSHA) v. Peabody Coal Company
Initial berm citation affirmed, seat belt citation vacated
MSHA cited Peabody Coal Company after a dozer operator died when his vehicle fell from a coal bench at its Black Mesa surface mine. One citation alleged that the bench lacked a required berm; the other alleged failure to require a seat belt. Judge John J. Morris said he would have found the coal…
Secretary of Labor (MSHA) v. Allied Chemical Corporation
Mixed ruling across seven penalty dockets
Seven civil penalty dockets involved equipment, ventilation, and other conditions at Allied Chemical Corporation's Alchem Trona Mine. Judge Virgil E. Vail dismissed one docket on the Secretary's motion and two others because the alleged violations were not proved. He approved a $5,000 settlement…
Secretary of Labor (MSHA) v. The Helen Mining Company
Mixed ruling on guarding, electrical equipment, and roof support
MSHA issued a citation and three orders at Helen Mining Company's Homer City coal mine, concerning exposed motor parts, a nonpermissible electrical switchbox, and roof support. Judge George A. Koutras vacated the order alleging work beyond permanent roof supports because MSHA did not prove that…
Matter of Breninzon
Peruvian constitutional equality did not establish legitimation
The petitioner sought immediate-relative status for a Peruvian-born parent based on their parent-child relationship. The Board considered whether Article 6 of Peru's 1979 Constitution, which states that all children have equal rights, eliminated the legal distinctions needed to treat a child born…
C.F. & I. Steel Corporation
Coke-oven citation withdrawn and dismissed
A judge had affirmed a coke-oven emissions citation against C.F. & I. Steel, and the Commission granted the employer's petition for review. The Secretary later learned that the company had permanently stopped operating the coke-oven facility and determined that further adjudication was unwarranted…
Singer Co., American Meter Division
Secretary's review petition withdrawn
The judge affirmed several serious violations, including two that the Secretary had alleged were willful. The Secretary obtained Commission review of whether those two violations should be characterized as willful, but later concluded that the record contained insufficient evidence of willfulness…
Secretary of Labor (MSHA) v. Robert G. Miller
Foreman's $750 safety training penalty settled
MSHA assessed a proposed $750 personal penalty against Robert Miller, a foreman at Ranger Fuel Corporation's Beckley No. 1 coal mine. The underlying citation said he assigned a miner to help move equipment without the required task safety training; MSHA issued that citation after a fatal track…
Secretary of Labor (MSHA) v. A. H. Smith
Noise citation and $300 penalty affirmed
MSHA cited A. H. Smith after a diesel shovel operator at its Brandywine sand and gravel operation was exposed to noise above the regulatory limit. The administrative law judge found that feasible controls could reduce the noise and assessed a $300 penalty. On review, the Commission majority found…
Secretary of Labor (MSHA) v. Metric Constructors, Inc.
Discrimination finding affirmed, remedies remanded
Seven welders at a cement plant refused to continue elevated welding work because they believed the conditions were unsafe, and Metric Constructors ended their employment. An administrative law judge found that the discharges violated the Mine Act's discrimination provision and assessed a $1,000…
Chadrick Casebolt v. Falcon Coal Company, Inc.
Discrimination complaint dismissed on summary decision
Chadrick Casebolt complained that Falcon Coal disqualified him from a technician job because of protected activity and sought placement or monetary relief. For its motion, Falcon conceded that Casebolt could establish an initial discrimination case, but argued that the undisputed facts left no…
Council of Southern Mountains, Inc. v. Martin County Coal Corporation
Monitoring right rejected, discrimination ruling reversed
Martin County Coal refused to let representatives of the Council of Southern Mountains enter its mine property to observe miner training classes. An administrative law judge found that the Mine Act implied a monitoring right and that the refusal violated its discrimination provision. The Commission…
Keco Industries, Inc.
Unapproved electrical device reduced to de minimis
Keco used an unapproved light-socket “pigtail” holding a fuse inside a telephone switch-gear circuit-breaker box. The judge affirmed a serious violation and assessed $320. The Commission agreed that using unapproved equipment technically violated section 1910.303(a), but found the possible fire or…
Keystone Consolidated Industries, Inc.
Daily crane brake-system inspection required
Keystone's daily check of overhead-crane air and hydraulic brake systems consisted only of pumping the brake pedal for hardness. The Commission upheld the citation because that test could miss leaks and deterioration elsewhere in the system. It held that the standard requires an effective daily…
Daniel Construction Company
Pipeline-support and walkway items vacated
Daniel Construction was cited under the general duty clause for allegedly inadequate support of a 40-foot pumpcrete pipeline and under section 1926.752(i) for unsecured planks forming a 20-inch walkway. The Commission affirmed the judge's vacatur of both items: the specific pumpcrete-system…
American Federation of State, County and Municipal Employees, Local 2477 and Library of Congress
Library of Congress (FLRA O-NG-584): Rotating days off proposal negotiable
AFSCME Local 2477 proposed a rotating schedule of two consecutive days off for certain Library of Congress employees. The Library said the proposal interfered with its management rights to assign employees and work and to determine staffing. It supplied no supporting argument or statement of…
Patent and Trademark Office and Patent Office Professional Association
Patent and Trademark Office (FLRA O-AR-707): Late arbitration exceptions dismissed
The Patent and Trademark Office filed exceptions to an arbitrator's award more than 30 days after the award's date. The Authority found that the deadline ran from the original award, even though the arbitrator later issued a clarification. Its rules did not allow the filing period to be extended or…
Matter of Matti
Sham marriage could not support a waiver
The respondent, an Iraqi citizen, entered the United States as the spouse of a United States citizen after paying for a marriage that both parties acknowledged was arranged solely to facilitate immigration. The Immigration Judge found him deportable and granted voluntary departure in lieu of…
Helvetia Coal Company v. Secretary of Labor (MSHA)
Contest dismissed after MSHA vacated roof citation
MSHA issued a roof support citation at Helvetia Coal Company's Lucerne No. 8 Mine after a roof fall in which a miner died. MSHA vacated the citation, later reinstated it as a section 104(d)(1) citation, and vacated it again shortly before the hearing. Chief Judge Paul Merlin heard testimony about…
Texas Masonry, Inc.
Late notice transmission did not require dismissal
The Secretary waited roughly 45 days to transmit Texas Masonry's notice of contest while an OSHA supervisor pursued settlement, despite a seven-day Commission rule. The judge refused to dismiss the scaffold citations. On interlocutory appeal, the Commission affirmed because the delay reflected…
Anderson Excavating and Wrecking Company
Life-jacket item affirmed, poster item vacated
Anderson employees worked on a barge beside water at least five or six feet deep without enough life jackets available. The Commission affirmed that violation and its $200 penalty over Chairman Rowland's dissent. It vacated a separate OSHA-poster item because the Secretary did not prove OSHA had…
Secretary of Labor (MSHA) v. Monterey Coal Company
Belt citations vacated, ventilation penalties assessed
These consolidated cases concerned belt conveyor walkways and ventilation at Monterey Coal Company's No. 1 Mine. Judge George A. Koutras vacated six citations based on a belt walkway safeguard, finding that MSHA had not proved several alleged conditions and that the safeguard did not apply as MSHA…
Secretary of Labor (MSHA) v. Mich Coal Company
Withdrawal of dust sampling penalty petition approved
The Secretary of Labor sought to withdraw a civil penalty petition against Mich Coal Company over a missed respirable dust sample. The proposed penalty was $20. Judge Joseph B. Kennedy required information to assess whether withdrawal was appropriate under the Mine Act's penalty and settlement…
Secretary of Labor (MSHA) and United Mine Workers of America v. Consolidation Coal Company
Secretary of Labor and UMWA v. Consolidation Coal Company (FMSHRC PENN 82-203-R): Fire extinguisher hazard findings affirmed
MSHA cited Consolidation Coal Company after finding two discharged fire extinguishers at its Renton underground mine, one in a car repair shop and one on a track maintenance vehicle. The judge found both violations significant and substantial. On review, the Commission held that an inspector may…
Matter of Shirdel, et al.
Fraudulent transit status barred asylum relief
The four applicants, Afghan nationals, arrived in the United States using fraudulent Turkish passports and transit-without-visa status so they could apply for asylum. The Board held that they attempted to enter the United States by fraud and were excludable under the second clause of section…
Bobby J. Holt v. Southern Stone Company
Discrimination complaint dismissed after truck route protest
Bobby Holt alleged that Southern Stone Company fired him for activity protected by the Mine Act. He had contacted MSHA about safety shoes, but the company fired him after seeing him at a public protest over a truck route near its plant. Judge James A. Broderick found the MSHA call protected, but…
Wisconsin Army National Guard and Association of Civilian Technicians
Wisconsin Army National Guard (FLRA O-AR-385): Technician removal award set aside
A Wisconsin Army National Guard technician grieved his removal, and an arbitrator ruled that the grievance could proceed to arbitration on the merits. The Guard challenged that ruling. The Authority held that the National Guard Technicians Act barred arbitration of an adjutant general's decision to…
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.