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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Kenneth D. Pittman v. Consolidation Coal Company
Ventilation retaliation complaint dismissed
Kenneth Pittman, a section foreman at Consolidation Coal Company's Rowland No. 3 Mine, alleged that he was discharged for reporting inadequate ventilation. Judge Richard C. Steffey found that Pittman's report was protected activity but did not motivate the discharge. He found instead that…
National Federation of Federal Employees, Local 422 and Department of the Interior, Bureau of Indian Affairs, Colorado River Agency
Colorado River Agency (FLRA O-NG-695): Specific meter reader training proposals rejected
NFFE Local 422 proposed specific training for electric meter reader trainees at the Bureau of Indian Affairs' Colorado River Agency. The topics included low voltage safety, reaching meters safely, first aid, and different meter types. The union argued that the proposals implemented workplace safety…
International Federation of Professional and Technical Engineers, Local 4 and American Federation of Government Employees, Local 2024 and Department of the Navy, Portsmouth Naval Shipyard
Portsmouth Naval Shipyard (FLRA O-NG-641): Volunteers from all grades may be considered
Two Portsmouth Naval Shipyard unions challenged a new Navy practice limiting volunteers for a detail to employees at grade GS-9 or below. Each union proposed that employees at higher grades remain eligible for consideration. The Authority found that the proposals required only consideration of…
Bremerton Metal Trades Council, on behalf of IAM District Lodge 160 and Donald Stotts and Naval Undersea Warfare Engineering Station, Keyport
Naval Undersea Warfare Engineering Station (FLRA O-AR-699): Union exceptions filed late
The Bremerton Metal Trades Council filed exceptions to an arbitrator's award involving the Naval Undersea Warfare Engineering Station. The award was dated November 28, 1983, and the union's filing reached the Authority on December 29. The Authority found that the 30-day deadline had expired on…
Veterans Administration Medical Center, Lyons, New Jersey and American Federation of Government Employees
Lyons VA Medical Center (FLRA 2-CU-36): Head nurses excluded from bargaining unit
AFGE sought to include 18 head nurses at the Lyons VA Medical Center in a professional employee bargaining unit. The Authority found that the head nurses directed staff, recommended discipline and awards, and spent most of their work time supervising nursing activities. Under the statutory rule for…
Secretary of Labor (MSHA) v. Minerals Exploration Company
Mixed safety rulings and $3,632 penalty
MSHA brought two civil penalty cases against Minerals Exploration Company over equipment and housekeeping conditions at its Sweetwater Uranium Project. Judge John J. Morris sustained five citations in WEST 81-79-M with penalties totaling $2,122, approved a $65 settlement of another, and upheld a…
Secretary of Labor (MSHA) v. Minerals Exploration Company
Workplace examination citation vacated
MSHA cited Minerals Exploration Company under a workplace examination rule after a scraper rolled over at its Sweetwater Uranium Project. Judge John J. Morris found that the shift supervisor had examined the dumping area with the operators at the start of the shift. He also found that MSHA had not…
Minerals Exploration Company v. Secretary of Labor (MSHA)
Brake citations upheld on narrower grounds
Minerals Exploration Company contested two citations alleging inadequate brakes on scrapers at its Sweetwater Uranium Project. Judge John J. Morris rejected the allegations based on disconnected retarders because he found that those devices were not part of the scrapers' braking systems. He…
Minerals Exploration Company v. Secretary of Labor (MSHA)
Fire protection citation upheld
Minerals Exploration Company contested a citation concerning inadequate fire protection on a subcontractor's pickup truck at its Sweetwater Uranium Project. The parties agreed that the truck violated the cited fire protection rule, but Minerals argued that it should not have received the citation…
Secretary of Labor (MSHA) v. Peabody Coal Company
Warrantless access to required accident records upheld
An MSHA special investigator asked Peabody Coal Company to produce required records concerning a rock fall and a reported injury at its Ken Mine. Peabody refused without a search warrant, and a judge upheld a resulting citation and assessed a $500 penalty. The Commission affirmed, explaining that…
Association of Civilian Technicians, Pennsylvania State Council and Pennsylvania Army and Air National Guard
Pennsylvania National Guard (FLRA O-NG-613): One technician layoff proposal negotiable
The Association of Civilian Technicians proposed five rules affecting Pennsylvania National Guard technicians during a reduction in force. The Authority held that a proposal limiting competition for remaining bargaining unit positions to unit employees was negotiable. It rejected proposals that…
A.A. Beiro Construction Company, Inc.
EAJA application partially reinstated
The judge dismissed Beiro's entire Equal Access to Justice Act fee application because appellate review of the underlying Commission order was pending. Beiro and the Secretary agreed that some citation items were outside the court appeal; the Secretary's appellate brief challenged two items. The…
Gerard Chimney Company
Willful items settled as repeated violations
The Secretary amended two citation items from willful to repeated violations: one under section 1926.28(a) and one covering two subitems under section 1926.451(a)(4). Gerard Chimney withdrew its notice of contest, represented that the conditions had been and would remain abated, and agreed to pay…
ASARCO, Incorporated
Settlement approved
The Commission approved the parties' settlement agreement in the two consolidated ASARCO dockets. The public release does not describe the cited conditions, standards, penalties, settlement terms, or the reasons the parties resolved the cases. It therefore supplies no substantive merits ruling…
Matter of Cherismo
Haitian acknowledgment established legitimation
The petitioner, a Haitian lawful permanent resident, sought visa preference status for two sons born out of wedlock in Haiti. The district director revoked the previously approved visa petitions because their father's acknowledgment of paternity occurred before a 1959 Haitian decree that eliminated…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Three mine safety citations upheld with one designation removed
MSHA cited U.S. Steel Mining Company for failing to examine an escapeway, leaving exposed wires on a mining machine's trailing cable, and failing to check roof bolt torque at its Maple Creek No. 1 Mine. Judge James A. Broderick upheld all three violations. He found the missed escapeway examination…
Matter of Bennett
Unauthorized church employment barred adjustment
The respondent, a Belizean visitor, performed religious work for a church without permission and received compensation, including a salary and living quarters. The Board held that the work was unauthorized even though it was purely religious and he intended to work for the same church as a special…
United States Steel Corp. v. Secretary of Labor (MSHA)
Carbon dioxide citation at bleeder point vacated
MSHA cited United States Steel Corp. after air samples at a bleeder evaluation point in its Gary No. 50 Mine showed carbon dioxide above the limit in 30 C.F.R. § 75.301. The dispute was whether that standard, which governs air in active workings, applied at the sampled bleeder point. Judge George…
Secretary of Labor (MSHA) v. Apex Mining, Inc.
$20 payment approved to resolve reporting citation
MSHA cited Apex Mining for failing to file a quarterly employment and injury report for its No. 3 Strip mine. Apex paid the proposed $20 penalty without filing an answer. The Secretary asked to withdraw the penalty petition or, alternatively, to approve a settlement for the original amount. Chief…
Secretary of Labor (MSHA) v. Broas Mining Company
$206 penalty ordered after default
MSHA sought a civil penalty from Broas Mining Company concerning its No. 5 Surface mine. Broas did not respond to a pretrial order and did not show cause why that failure should not count as a default. Judge Joseph B. Kennedy entered a default order assessing the proposed $206 penalty for the…
Secretary of Labor (MSHA) v. Pyro Mining Company
Five status reporting citations upheld with reduced penalties
MSHA cited Pyro Mining Company five times for inaccurate or late reports of mining unit status at its No. 11 and Wheatcroft mines. These status reports help MSHA track which units require respirable dust sampling. Judge George A. Koutras found that Pyro had failed to report changes within the…
Secretary of Labor (MSHA) v. Pyro Mining Company
Coal dust accumulation citation upheld
MSHA cited Pyro Mining Company after finding coal and float coal dust along about 600 feet of a conveyor belt entry at the Pride Mine. Judge George A. Koutras found the accumulations established a violation of the cleanup rule, relying on an inspector's measurements and testimony from mine…
Secretary of Labor (MSHA) v. Randall & Blake of Oklahoma, Inc.
Explosives storage penalty ordered despite bankruptcy
MSHA sought a $98 penalty from Randall & Blake of Oklahoma for storing detonators and explosives in the same magazine at its Danger Creek Strip mine. The company did not deny the violation but argued that its bankruptcy petition barred the penalty proceeding. Judge Joseph B. Kennedy held that…
National Federation of Federal Employees, Local 108 and U.S. Department of Agriculture, Arkansas State Office of the Farmers Home Administration
Farmers Home Administration (FLRA O-NG-526): Training and selection proposals dismissed
NFFE Local 108 proposed training and other protections for Arkansas Farmers Home Administration employees facing revised job descriptions. The Authority held that prescribed training, assigning backlogged work to supervisors, and priority selection for existing staff interfered with management's…
American Federation of Government Employees, Local 32 and Office of Personnel Management
Office of Personnel Management (FLRA O-NG-255): Some schedule and pay procedures negotiable
AFGE Local 32 submitted eight proposals to the Office of Personnel Management on work schedules, employee safety, promotions, performance reviews, and within-grade pay. The Authority held that preserving a flexible schedule during an involuntary detail, providing adequate employee security, and…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees
Social Security Administration (FLRA 8-CA-1251): Routine counseling meetings upheld
AFGE challenged a Social Security Administration supervisor's meetings with a claims development clerk about her work and possible promotion. The complaint alleged that the meetings were formal discussions requiring union representation and that the agency had changed promotion standards without…
Environmental Protection Agency, Region VII, Kansas City and National Federation of Federal Employees, Local 1205
EPA Region VII (FLRA 7-CU-20014): Personnel assistant and secretary excluded from unit
NFFE Local 1205 sought a ruling on whether two EPA Region VII employees belonged in its Kansas City bargaining unit. The Authority found that a personnel assistant performed substantive staffing and personnel duties beyond clerical work. It also found that a secretary worked in a confidential…
Department of the Army, Ballistic Missile Defense Advanced Technology Center and American Federation of Government Employees, Local 1858
Army Ballistic Missile Defense Center (FLRA 4-CU-20008): Eight project managers included
AFGE Local 1858 sought to include 16 senior engineers at the Army's Ballistic Missile Defense Advanced Technology Center in its bargaining unit. The Authority found that eight directed subordinates and exercised independent judgment as supervisors, so they remained excluded. It found that the other…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Shelter hole settlement and ventilation citation upheld
MSHA cited U.S. Steel Mining Company for an obstructed shelter hole and for a ventilation change that sent return air through a tailgate entry at its Maple Creek No. 2 Mine. Judge James A. Broderick approved the parties' $50 settlement of the shelter hole citation, reduced from its $136 proposed…
Secretary of Labor (MSHA) v. Lawrence Ready Mix Concrete Corporation
Late penalty petition dismissed
Lawrence Ready Mix Concrete Corporation contested a proposed mine safety penalty in November 1981. The Secretary did not file a penalty petition until August 1983, after Judge Paul Merlin ordered an explanation for the delay. The Secretary said a timely proposal had been prepared but documents went…
Eddie Lee Sharp v. Magic Sewell Coal Company
Discrimination found, remedy left for later order
Eddie Lee Sharp complained about dusty conditions at Magic Sewell Coal Company's Stone Run Mine No. 6 and stopped operating a continuous mining machine because he could not see well enough to work safely. The company did not let him return to work the next day. Judge Charles C. Moore Jr. found that…
Helvetia Coal Company v. Secretary of Labor (MSHA)
Roof support withdrawal order reduced to citation
Helvetia Coal Company contested a withdrawal order for unsupported roof in an escapeway at its Lucerne No. 8 Mine. The parties agreed that the roof support violation occurred and was significant and substantial. Judge James A. Broderick found that support posts appeared properly set during a…
Secretary of Labor (MSHA) v. Southway Construction Company, Inc.
Seven gravel pit citations upheld with changes
MSHA cited Southway Construction Company for seven safety conditions at two gravel pits, including unsecured gas cylinders, an exposed electrical cable, unguarded pulleys, faulty reverse alarms, and unlabeled power switches. Judge John A. Carlson held that the pits were mines covered by the Mine…
Overseas Federation of Teachers and Department of Defense Dependents Schools, Mediterranean Region
Defense Dependents Schools (FLRA O-NG-937): Negotiability appeal filed late
The Overseas Federation of Teachers sought review of a Defense Dependents Schools declaration that a proposed bargaining matter was nonnegotiable. The declaration was mailed to the union in November 1983. The Authority calculated the petition deadline as December 5, including the extra time allowed…
American Federation of Government Employees, Local 38, AFL-CIO and U.S. Immigration and Naturalization Service
AFGE Local 38 and INS (FLRA O-NG-935): Late negotiability petition dismissed
AFGE Local 38 asked the Authority to review an Immigration and Naturalization Service claim that a bargaining proposal was nonnegotiable. The Authority found that the agency apparently served its claim on November 28, 1983. The union's petition was due by December 13 under the 15-day filing rule…
National Federation of Federal Employees, Local 28 and Department of the Army Headquarters, U.S. Army Health Services Command, Fort Sam Houston, Texas
NFFE Local 28 and Army Health Services Command (FLRA O-NG-918): Petition dismissed after agency withdrawal
NFFE Local 28 sought review after the Army disapproved provisions of a collective bargaining agreement at Fort Sam Houston. The union filed its petition on October 18, 1983. The agency later withdrew its allegation that the disputed proposal was nonnegotiable. The Authority found that no…
American Federation of Government Employees, Local 3028 and Department of Health and Human Services, Public Health Service, Alaska Area Native Health Service
AFGE Local 3028 and Alaska Native Health Service (FLRA O-NG-586): Split ruling on performance appraisals
AFGE Local 3028 challenged the agency's refusal to bargain over four performance appraisal proposals. The Authority found Proposal 1 negotiable because it required notice of job elements and standards without dictating their content. It also found Proposal 4 negotiable because annual appraisals and…
Veterans Administration Medical Center, Lexington, Kentucky and National Association of Government Employees, Local R5-184
Lexington VA Medical Center (FLRA O-AR-691): Union arbitration exceptions dismissed late
The National Association of Government Employees filed exceptions to an arbitration award involving the Lexington VA Medical Center. The award was dated November 11, 1983. The Authority calculated the filing deadline as December 12, but the exceptions arrived on December 16. Because its rules did…
Department of the Navy, Charleston Naval Shipyard and Federal Employees Metal Trades Council
Charleston Naval Shipyard (FLRA O-AR-679): Arbitration exceptions arrived one day late
The Federal Employees Metal Trades Council filed exceptions to an arbitrator's award involving Charleston Naval Shipyard. The award was dated October 28, 1983, making the filing deadline November 28. The Authority received the exceptions on November 29. It held that the deadline could not be…
American Federation of Government Employees, Local 2219 and Veterans Administration Medical Center, Lincoln, Nebraska
VA Medical Center, Lincoln (FLRA O-AR-600): Early arbitration exceptions dismissed
Employees and the Veterans Administration Medical Center disputed entitlement to environmental differential pay. The arbitrator gave the parties 30 days to work toward a resolution, retained jurisdiction over the remedy, and directed them to report back. The agency filed exceptions before the…
Jefferson Barracks National Cemetery, St. Louis, Missouri and National Association of Government Employees, Local R14-116
Jefferson Barracks National Cemetery (FLRA O-AR-421): Overtime pay remedy removed
Jefferson Barracks National Cemetery assigned Saturday overtime without giving two employees an opportunity to volunteer. An arbitrator found that this violated the collective bargaining agreement and awarded both employees eight hours of overtime pay. The Authority agreed with the agency that the…
Novak & Company, Inc.
Floor-hole citation vacated for lack of knowledge
Two Novak plumbing employees walked within three feet of unguarded floor holes at a changing construction site. The general contractor controlled the openings, and union rules prevented Novak from installing rails or covers itself. Although Novak could have reported the condition or removed its…
Phillips Petroleum Company
Vapor-monitoring general duty item vacated
A broken pipe nipple released hydrocarbons into a refinery compressor building, causing an explosion and fire that injured 17 employees. The disputed general duty item alleged that Phillips should have installed a system to detect excess vapor, sound an alarm, cut power and hydrocarbon flow, and…
U.S. Army Engineer Center and Fort Belvoir and U.S. Department of the Army and American Federation of Government Employees, Local 1052
Fort Belvoir (FLRA 3-CA-2908): Army interference with bargaining found unlawful
AFGE Local 1052 proposed two changes while bargaining over a new Army performance appraisal system at Fort Belvoir. The Department of the Army refused to waive its regulation and directed Fort Belvoir not to bargain. The Authority found the proposals negotiable because the Army had not shown a…
Secretary of Labor (MSHA) v. United States Steel Mining Co., Inc.
Coal dust violation upheld with a $250 penalty
MSHA cited United States Steel Mining Co. after respirable dust samples from a longwall mining unit at its Gary No. 50 Mine averaged 3.6 milligrams per cubic meter, above the 2.0 milligram limit. The operator conceded the violation but disputed whether it was significant and substantial and what…
Secretary of Labor (MSHA) v. Robert A. Riedman
Foreman held personally liable for missing lifelines
Two miners entered a feed hopper at Riverside Cement's Crestmore Mine without safety belts or a tended lifeline, and one was injured when material shifted. The corporate operator had paid a penalty for violating the safety belt and lifeline standard. Judge Virgil E. Vail found that production…
Secretary of Labor (MSHA) v. Energy Fuels Nuclear, Inc.
Blasting citation reinstated and penalty remanded
An MSHA citation alleged that a contract miner at Energy Fuels Nuclear's underground uranium mine violated the fuse ignition standard by using an open-flame torch on connectors attached to safety fuses. An administrative law judge vacated the citation because the torch lit the connectors rather…
Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.
Three citations upheld and one vacated
MSHA brought four citations against U.S. Steel Mining at its Cumberland Mine. Judge Gary Melick vacated the battery-cover citation because the equipment had a means of securing the covers, which satisfied the cited requirement. He upheld two citations for trailing cables left beneath shuttle-car…
Turner Construction Company of Texas
Fall-protection citations withdrawn
The Commission allowed the Secretary to withdraw the citation and complaint alleging violations of the construction personal-protective-equipment and safety-net standards. The short public order does not describe the worksite conditions, proposed penalties, reasons for withdrawal, or any merits…
Albert B. Zeisel v. ASARCO, Inc.
Discrimination complaint dismissed after jack dispute
Albert Zeisel alleged that ASARCO fired him from its underground mine after he complained that a track jack was unsafe. Judge John A. Carlson found that Zeisel had told a shift boss the jack was not working properly but had not communicated a safety concern. The judge also found that the managers…
Secretary of Labor (MSHA) v. West Virginia Rebel Coal Company, Inc.
Paid penalty proposal withdrawn
MSHA proposed $120 in penalties for six alleged violations at West Virginia Rebel Coal's No. 1 Surface Mine. The company paid the full proposed amount shortly after receiving the proposal, but later filed an answer denying the violations and asking for a hearing. The Secretary then asked to…
Matter of Torre
Incomplete record required return to the Immigration Judge
The respondent appealed an Immigration Judge's finding that he was deportable after entering the United States without inspection. The Service requested summary dismissal because the appeal was generalized and allegedly frivolous, but the record lacked the Immigration Judge's order and other…
Secretary of Labor (MSHA) v. Callanan Industries, Inc.
$78 settlement approved on remand
On remand, one citation remained in MSHA's civil penalty case against Callanan Industries at its South Bethlehem Quarry and Mill. Callanan agreed to pay the full proposed $78 penalty for that citation. Judge Gary Melick considered the parties' settlement materials under the Mine Act's penalty…
William A. Haro v. Magma Copper Company
Discrimination claim upheld on remand
The Commission returned William Haro's discrimination case to the judge to decide whether Magma Copper would have transferred him for legitimate reasons even without his protected refusal to cut a railroad car without assistance. Judge John J. Morris rejected Magma's defense and reaffirmed that the…
Secretary of Labor (MSHA) v. Ben Powell
Plant manager's personal penalty settled for $100
MSHA sought a $300 personal penalty against Ben Powell, the plant manager at Riverside Cement's Crestmore Mine, after a miner was injured in a feed hopper where safety belts and a tended lifeline were not used. The corporate operator had paid a separate $5,000 penalty for the underlying safety…
Secretary of Labor (MSHA) v. Wayne Kendall
Plant manager's personal penalty settled for $100
MSHA sought a $300 personal penalty against Wayne Kendall, the plant manager at Riverside Cement's Crestmore Mine, after a miner was injured in a feed hopper where safety belts and a tended lifeline were not used. The corporate operator had paid a separate $5,000 penalty for the underlying safety…
Secretary of Labor (MSHA) v. Robert Klein
Safety director's personal penalty settled for $100
MSHA sought a $300 personal penalty against Robert Klein, the safety director at Riverside Cement's Crestmore Mine, after a miner was injured in a feed hopper where safety belts and a tended lifeline were not used. The corporate operator had paid a separate $5,000 penalty for the underlying safety…
Secretary of Labor (MSHA) on behalf of Jack Lewis Kiefer v. National King Coal, Inc.
Discrimination settlement approved
National King Coal and Jack Lewis Kiefer settled a discrimination case arising from Kiefer's discharge. National agreed to pay Kiefer $7,500 in three installments and remove adverse references to the discharge from his employment record. Kiefer gave up his claim for reinstatement. Judge John A…
U.S. Department of Labor, Labor-Management Services Administration, Cleveland, Ohio and National Union of Compliance Officers
Labor-Management Services Administration (FLRA O-AR-511): Probationer reinstatement award set aside
The Labor-Management Services Administration terminated an employee during her probationary period. An arbitrator found her grievance arbitrable under the collective bargaining agreement and ordered reinstatement. Relying on a federal appeals court decision about probationary employees, the…
Headquarters, U.S. Army Material Development and Readiness Command and National Federation of Federal Employees
Army Material Development and Readiness Command (FLRA 3-UC-20003): Unit consolidation denied
The National Federation of Federal Employees asked the Authority to consolidate 29 bargaining units at the Army Material Development and Readiness Command. The proposed unit covered about 21,300 employees at 17 installations with different missions, jobs, and working conditions. The Authority found…
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.