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

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…

March 23, 1984 ·Richard C. Steffey ·FMSHRC
Procedural
COMM

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…

March 23, 1984 ·FLRA
Set aside
COMM

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…

March 23, 1984 ·FLRA
Set aside
COMM

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…

March 23, 1984 ·FLRA
Set aside
COMM

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…

March 23, 1984 ·FLRA
Set aside
COMM

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…

March 23, 1984 ·FLRA
Set aside
COMM

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…

March 23, 1984 ·FLRA
Set aside
COMM

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…

March 23, 1984 ·FLRA
Set aside
ALJ

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…

March 22, 1984 ·Gary Melick ·FMSHRC
Mixed result
ALJ

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…

March 22, 1984 ·Gary Melick ·FMSHRC
Modified
ALJ

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…

March 22, 1984 ·Virgil E. Vail ·FMSHRC
Mixed result
ALJ

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…

March 20, 1984 ·Virgil E. Vail ·FMSHRC
Modified
ALJ

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…

March 19, 1984 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

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…

March 18, 1984 ·BIA
Affirmed
ALJ

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…

March 16, 1984 ·William Fauver ·FMSHRC
Settled
COMM

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…

March 16, 1984 ·FLRA
Upheld
COMM

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…

March 16, 1984 ·FLRA
Upheld
COMM

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…

March 16, 1984 ·FLRA
Upheld
COMM

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…

March 16, 1984 ·OSHRC
Citations affirmed
COMM

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…

March 16, 1984 ·FLRA
Modified
COMM

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…

March 16, 1984 ·FLRA
Other
COMM

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…

March 16, 1984 ·FLRA
Mixed result
COMM

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…

March 15, 1984 ·BIA
Remanded
ALJ

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…

March 14, 1984 ·Charles C. Moore Jr. ·FMSHRC
Other
COMM

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…

March 14, 1984 ·OSHRC
Remanded
ALJ

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…

March 13, 1984 ·John A. Carlson ·FMSHRC
Citations affirmed
COMM

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…

March 13, 1984 ·FLRA
Modified
ALJ

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…

March 13, 1984 ·Richard C. Steffey ·FMSHRC
Other
COMM

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…

March 9, 1984 ·OSHRC
Citations vacated
ALJ

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…

March 8, 1984 ·Gary Melick ·FMSHRC
Procedural
COMM

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…

March 7, 1984 ·FMSHRC
Settled
ALJ

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…

March 7, 1984 ·Richard C. Steffey ·FMSHRC
Procedural
COMM

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…

March 7, 1984 ·FMSHRC
Citations affirmed
ALJ

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…

March 6, 1984 ·John A. Carlson ·FMSHRC
Settled
ALJ

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…

March 6, 1984 ·John J. Morris ·FMSHRC
Mixed result
ALJ

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…

March 6, 1984 ·Virgil E. Vail ·FMSHRC
Mixed result
ALJ

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…

March 6, 1984 ·George A. Koutras ·FMSHRC
Mixed result
COMM

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…

March 6, 1984 ·BIA
Affirmed
COMM

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…

March 2, 1984 ·OSHRC
Citations vacated
COMM

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…

March 2, 1984 ·OSHRC
Citations affirmed
ALJ

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…

March 1, 1984 ·William Fauver ·FMSHRC
Settled
COMM

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…

February 29, 1984 ·FMSHRC
Citations affirmed
COMM

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…

February 29, 1984 ·FMSHRC
Remanded
ALJ

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…

February 29, 1984 ·Joseph B. Kennedy ·FMSHRC
Procedural
COMM

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…

February 29, 1984 ·FMSHRC
Citations vacated
COMM

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…

February 29, 1984 ·OSHRC
Modified
COMM

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…

February 29, 1984 ·OSHRC
Citations affirmed
COMM

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…

February 29, 1984 ·OSHRC
Citations vacated
COMM

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…

February 27, 1984 ·FLRA
Set aside
COMM

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…

February 27, 1984 ·FLRA
Procedural
COMM

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…

February 27, 1984 ·BIA
Affirmed
ALJ

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…

February 24, 1984 ·Paul Merlin ·FMSHRC
Procedural
COMM

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…

February 24, 1984 ·OSHRC
Remanded
COMM

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…

February 24, 1984 ·OSHRC
Mixed result
ALJ

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…

February 23, 1984 ·George A. Koutras ·FMSHRC
Mixed result
ALJ

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…

February 23, 1984 ·Joseph B. Kennedy ·FMSHRC
Procedural
COMM

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…

February 21, 1984 ·FMSHRC
Citations affirmed
COMM

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…

February 21, 1984 ·BIA
Affirmed
ALJ

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…

February 17, 1984 ·James A. Broderick ·FMSHRC
Other
COMM

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…

February 17, 1984 ·FLRA
Set aside

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.