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

Glen Munsey v. Smitty Baker Coal Co., Inc., P&P Coal Company, and Ralph Baker

Glen Munsey v. Smitty Baker Coal Co., Inc. (FMSHRC NORT 71-96): Additional attorney fees awarded on remand

An appeals court returned Glen Munsey's discrimination case for a decision on attorney fees for work done while his counsel served on the United Mine Workers of America staff. Judge Gary Melick awarded Steven Jacobson $3,793.75 for that earlier work and $5,225 for later work, plus $240 for a…

December 12, 1983 ·Gary Melick ·FMSHRC
Other
ALJ

Secretary of Labor (MSHA) v. Earth Coal Company, Inc.

$763 default penalty reinstated

Earth Coal Company failed to answer a civil penalty case, and Judge Paul Merlin entered a $763 default order. The Commission granted review and sent the case back for the judge to examine why the company had not responded. Earth Coal then said its mine was closed and that it did not wish to pursue…

December 12, 1983 ·Paul Merlin ·FMSHRC
Citations affirmed
COMM

Matter of Laureano

Sham marriage barred immigration benefits

The United States citizen petitioner sought immediate-relative status for his wife, a citizen of the Dominican Republic. He had previously withdrawn a visa petition after stating that he married her to help her obtain residence and remain in Puerto Rico, then filed a second petition without…

December 12, 1983 ·BIA
Other
ALJ

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

Seven mine safety citations upheld

MSHA sought penalties for seven violations at Turner Brothers' Heavener No. 1 Mine, and the company waived its presence at the hearing. Judge Gary Melick upheld citations concerning an unreported explosives ignition, a missing accident report, unsecured gas cylinders, defective parking brakes and a…

December 12, 1983 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Independent Gravel Company

$27 silica dust settlement approved

MSHA cited Independent Gravel Company after a South Mill operator at its Webb City Chat Plant was exposed to excessive respirable silica-bearing dust. The original penalty assessment was $54, and the parties proposed settling for $27 after revisiting the violation's gravity. Judge Paul Merlin said…

December 12, 1983 ·Paul Merlin ·FMSHRC
Settled
COMM

Secretary of Labor (MSHA) on behalf of Milton Bailey v. Arkansas-Carbona Company and Michael Walker

Secretary of Labor on behalf of Milton Bailey v. Arkansas-Carbona Company (FMSHRC CENT 81-13-D): Back pay recalculation ordered

An ALJ found that Arkansas-Carbona Company unlawfully fired mine safety director Milton Bailey after a complaint about a first aid kit. On review, the Commission upheld the judge's decision to separate the Secretary's civil penalty request from the discrimination complaint. It replaced the judge's…

December 12, 1983 ·FMSHRC
Remanded
COMM

U.S. Department of the Treasury, Internal Revenue Service, Dallas District and National Treasury Employees Union, Chapter 46

IRS Dallas District (FLRA 6-CA-419): Tour change remedy expanded

The IRS Dallas District shortened the daily tours of about 50 employees from eight to six hours without giving NTEU advance notice or a chance to bargain over implementation and effects. The Authority agreed with the judge that this violated the bargaining duty. It rejected the judge's view that…

December 9, 1983 ·FLRA
Modified
COMM

Department of Defense Dependents Schools and Overseas Education Association

Defense Dependents Schools (FLRA 0-AR-367): Teacher salary award upheld

An arbitrator sustained a grievance challenging the 1979–80 salary schedule for overseas teachers at Department of Defense Dependents Schools. He required prorated data where surveyed school systems raised pay during the year, a bachelor's-plus-15-credit pay lane, and consideration of…

December 9, 1983 ·FLRA
Upheld
COMM

Rosalie Edwards v. Aaron Mining, Inc.

Discrimination ruling reversed

Rosalie Edwards repeatedly complained about the lack of suitable toilet facilities while working as an assayer at Aaron Mining's gold mine, then resigned. An ALJ found that the company had constructively discharged her in violation of the Mine Act. The Commission agreed that her complaints were…

December 8, 1983 ·FMSHRC
Citations vacated
COMM

Secretary of Labor (MSHA) v. Sewell Coal Company

$25 canopy citation settlement approved

Sewell Coal Company received a citation for operating a roof bolter without a protective canopy. MSHA had separately modified the canopy requirement for mining heights of 48 inches or less, while the section involved in this citation measured 50 inches. The Commission held that MSHA's finding in…

December 7, 1983 ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Brown Brothers Sand Company

$100 penalty for missing reports

Brown Brothers Sand Company did not file required quarterly employment and man-hour reports for two quarters of 1982 at its Junction City sand mine. Judge James A. Broderick upheld the citation under 30 C.F.R. § 50.30(a), finding that the company knew of the requirement from an earlier case. He…

December 7, 1983 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Ray Ward v. Volunteer Mining Corporation

Discrimination remedy settlement approved

Judge William Fauver had previously held that Volunteer Mining Corporation discriminated against Ray Ward in violation of the Mine Act. He left the remedy for the parties to propose. They filed an agreement resolving relief on December 1, 1983. The judge approved the agreement as consistent with…

December 7, 1983 ·William Fauver ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Webster County Coal Corp.

Two dust citation settlements approved

MSHA proposed penalties for two alleged violations of the mine dust standard at Webster County Coal's Dotiki and Retiki mines. Before the hearing, the company chose to pay the full proposed amounts instead of continuing to litigate. Judge George A. Koutras considered the parties' statements and the…

December 7, 1983 ·George A. Koutras ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Cynthia Coal Co., Inc.

$20 health citation settlement approved

MSHA sought a $20 penalty against Cynthia Coal Co., Inc. for an alleged violation of a mine health standard at its No. 8 Mine. The company initially contested the citation but decided before the hearing to pay the full proposed amount. The Secretary reported that the mine had closed, the company…

December 7, 1983 ·George A. Koutras ·FMSHRC
Settled
COMM

Con-Lin Construction Company

Notice of contest reinstated

The judge affirmed a serious citation after finding Con-Lin's written notice of contest untimely. The record showed, however, that during the statutory contest period Con-Lin attended an informal conference, disputed the Secretary's position, and regarded that action as contesting the citation. The…

December 5, 1983 ·OSHRC
Remanded
COMM

Planners, Estimators and Progressmen Association, Local 8 and Department of the Navy, Charleston Naval Shipyard

Charleston Naval Shipyard (FLRA O-NG-601): Manual timekeeping proposal negotiable

The Planners, Estimators and Progressmen Association proposed that its members at Charleston Naval Shipyard record their time manually instead of using time clocks. The Navy argued that the proposal was outside mandatory bargaining because timekeeping was a management method rather than a condition…

December 2, 1983 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 3483 and Federal Home Loan Bank Board, New York District Office

Federal Home Loan Bank Board, New York (FLRA O-NG-377): Split ruling on travel and appraisal proposals

AFGE Local 3483 proposed rules for bank examiners' travel time, duty stations, and performance appraisals. The Authority rejected designating every employee's home as an official duty station because that conflicted with travel regulations. It also rejected a commuting-time rule and a proposed link…

December 2, 1983 ·FLRA
Mixed result
ALJ

Secretary of Labor (MSHA) v. Westmoreland Coal Company

Settlement total corrected to $3,961

The parties asked Judge Joseph B. Kennedy to correct a $130 arithmetic error in his November 7, 1983 settlement decision involving Westmoreland Coal Company's Hampton No. 3 Mine. The judge granted the request and set the approved settlement total at $3,961. He confirmed the earlier decision as…

November 30, 1983 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Co-op Mining Company

$1,970 in mine safety penalties ordered

MSHA sought penalties for 21 citations at Co-op Mining Company's Utah coal mine across three consolidated cases. Judge Virgil E. Vail approved settlements for 16 citations, including reductions where the parties agreed that the company's negligence had been overstated. He then upheld five contested…

November 30, 1983 ·Virgil E. Vail ·FMSHRC
Modified
ALJ

Billy Ray Harness v. Royal Jellico Coal Co., Inc.

Discrimination complaint withdrawn

Billy Ray Harness filed a discrimination complaint against Royal Jellico Coal Co., Inc. At the hearing, he asked to withdraw it because he acknowledged that the company had discharged him before he made the safety complaint he described as protected activity. Judge Gary Melick permitted the…

November 30, 1983 ·Gary Melick ·FMSHRC
Procedural
ALJ

Michael D. Young v. Terry Glen Coal Company

Belt safety discrimination complaint dismissed

Michael D. Young claimed Terry Glen Coal Company fired him because he complained about riding a conveyor belt into its mine and might report the belt to MSHA. Judge Richard C. Steffey found little evidence that Young raised safety concerns before his discharge, though an expression of fear about…

November 30, 1983 ·Richard C. Steffey ·FMSHRC
Other
COMM

International Federation of Professional and Technical Engineers, Local 25 and Department of the Navy, Mare Island Naval Shipyard

Two appraisal rules negotiable; five restrictions rejected

The union proposed rules for performance elements and standards at Mare Island Naval Shipyard. The Authority held that the agency had to bargain over using performance elements and standards and excluding vague “other duties as assigned” from appraisals. It rejected five other restrictions…

November 29, 1983 ·FLRA
Mixed result
COMM

United States Army Missile Command and American Federation of Government Employees, Local 1858

Late arbitration exceptions dismissed

AFGE Local 1858 filed exceptions to an arbitration award dated September 16, 1983. The Authority calculated an October 17 deadline for receipt of the exceptions, but received them on October 20. It dismissed the exceptions because the filing period could not be extended or waived. The Authority did…

November 29, 1983 ·FLRA
Procedural
COMM

U.S. International Trade Commission, Washington, D.C. and American Federation of Government Employees, Local 2211

International Trade Commission and AFGE Local 2211 (FLRA O-AR-332): Promotion grievance award upheld

An arbitrator found that the International Trade Commission did not violate its collective bargaining agreement by declining to promote an employee to GS-14. AFGE Local 2211 challenged the award, arguing that the arbitrator should have used Title VII proof rules, that the award was unclear, and…

November 29, 1983 ·FLRA
Upheld
COMM

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

Immigration and Naturalization Service (FLRA 4-CU-30002): Four instructor classifications excluded

The Immigration and Naturalization Service sought to exclude employees in four instructor job classifications from an AFGE bargaining unit. The Authority found that those employees assigned or directed subordinates' work and, depending on the position, effectively recommended hiring, transfers, or…

November 29, 1983 ·FLRA
Other
ALJ

Secretary of Labor (MSHA) on behalf of Frank Cronin and Merrel Nixon v. Peabody Coal Company

Secretary of Labor on behalf of Frank Cronin and Merrel Nixon v. Peabody Coal Company (FMSHRC LAKE 83-9-D): Discrimination complaint dismissed

The Secretary alleged that Peabody Coal Company disciplined miners Frank Cronin and Merrel Nixon for refusing to shovel coal from a disabled belt feeder without adequate electrical precautions. An arbitrator had reduced their attempted discharge to a five day suspension, and they sought back pay…

November 25, 1983 ·Richard C. Steffey ·FMSHRC
Other
ALJ

Secretary of Labor (MSHA) on behalf of Tennis Maynard, Jr. v. Diamond P. Coal Company, Inc.

Secretary of Labor on behalf of Tennis Maynard, Jr. v. Diamond P. Coal Company (FMSHRC KENT 82-199-D): Discrimination settlement approved

The Secretary of Labor brought a discrimination case on behalf of Tennis Maynard, Jr. against Diamond P. Coal Company. Before the hearing, the parties agreed that Diamond P. or its subsidiaries would reinstate Maynard and pay him back wages. They also agreed to consider him for truck driving and…

November 25, 1983 ·George A. Koutras ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Monterey Coal Company

$3,500 repair safety settlement approved

MSHA cited Monterey Coal Company over repairs to a continuous mining machine at its Wayne Mine. The alleged violations involved an unblocked raised ripper head and a power cable that had not been tagged and locked out. Monterey agreed to pay the full proposed penalties, $2,000 and $1,500, and…

November 23, 1983 ·Richard C. Steffey ·FMSHRC
Settled
COMM

National Federation of Federal Employees and Department of the Army, Fort Monmouth, New Jersey

Appraisal discussion negotiable; training limit rejected

NFFE proposed that supervisors discuss proposed appraisals with employees before higher level review. It also proposed that employees rated fully successful would not have to take training. The Authority held that the discussion sequence was a negotiable procedure because management could still…

November 23, 1983 ·FLRA
Mixed result
COMM

Matter of Onal

Invalid labor certification required rescission

The Board reviewed rescission of a Turkish respondent's adjustment of status to lawful permanent residence. His adjustment had relied on a labor certification for a foreign food specialty cook, but the Department of Labor later invalidated that certification because he was not eligible when it was…

November 22, 1983 ·BIA
Affirmed
ALJ

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

$5,700 assessed for equipment violations

MSHA cited Turner Brothers for a bulldozer without required seat belts and defects on a truck used to refuel mine equipment. The truck lacked working brakes, a horn, and a backup alarm, and the judge also upheld a citation for inadequate equipment inspections. Turner did not appear at the hearing…

November 22, 1983 ·Charles C. Moore, Jr. ·FMSHRC
Citations affirmed
COMM

Reda Pump Company, Division of TRW, Inc.

Safety-shoe item settled

A judge affirmed a personal-protective-equipment citation based on Reda Pump's failure to require engineers working with hourly employees during pump assembly and disassembly to wear safety shoes. After obtaining Commission review, the company adopted the safety-shoe requirement, represented that…

November 21, 1983 ·OSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Bridgett Coal Company

$3,000 roof control settlement approved

MSHA cited Bridgett Coal Company for allegedly failing to follow its approved roof control plan by omitting cap blocks or adequate bearing plates. The Secretary reported that an undetected roof slip caused a fall that killed two roof bolters. MSHA concluded that the missing support components…

November 17, 1983 ·William Fauver ·FMSHRC
Settled
COMM

American Federation of Government Employees, Local 1622 and Directorate of Facilities Engineering, Department of the Army, Fort Meade

Safety shoe petition dismissed after agency withdrew objection

AFGE Local 1622 proposed reimbursement for safety shoes when suitable shoes were not readily available from the employer. The Army activity alleged the proposal was outside the duty to bargain, and the union petitioned for review. The agency later withdrew that allegation. With no negotiability…

November 17, 1983 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 1933 and Bureau of Land Management, Cedar City District Office

Flexible schedule appeal dismissed as moot

NFFE Local 1933 sought review of the Bureau of Land Management’s objection to a flexible work schedule proposal. The Federal Employees Flexible and Compressed Work Schedules Act of 1982 had recently taken effect, but the parties had not addressed its impact on their dispute. The Authority dismissed…

November 17, 1983 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 1945 and Bureau of Land Management, Denver Service Center

Flexible schedule appeal dismissed as moot

NFFE Local 1945 challenged the Bureau of Land Management’s objection to a flexible work schedule proposal. A new federal flexible and compressed work schedules law took effect while the appeal was pending. The parties had not addressed the new law or its separate impasse process. The Authority…

November 17, 1983 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Council of Consolidated Social Security Administration Locals and Social Security Administration

Four bargaining proposals rejected

The NFFE council appealed the Social Security Administration’s objections to four proposals. The Authority held that requiring calculators concerned work technology, which the agency had chosen not to bargain over. It found that limiting mandatory overtime to emergencies interfered with assigning…

November 17, 1983 ·FLRA
Upheld
COMM

Air Force Logistics Command and American Federation of Government Employees, Local 916

Arbitration exceptions dismissed as late

AFGE Local 916 filed exceptions to an Air Force Logistics Command arbitration award dated September 22, 1983. The filing deadline was October 21, but the Authority did not receive the exceptions until October 24. It held that it could not extend or waive the deadline. The exceptions were dismissed…

November 17, 1983 ·FLRA
Procedural
COMM

Headquarters, Fort Monroe and National Association of Government Employees, Local R4-11

Two-day suspension award upheld

An arbitrator found just and sufficient cause for a two-day suspension of a Fort Monroe employee for discourteous and demeaning behavior. NAGE Local R4-11 argued that the arbitrator had used the wrong burden of proof and had reached a result contrary to the evidence. The Authority held that the…

November 17, 1983 ·FLRA
Upheld
COMM

Veterans Administration Medical and Regional Office Center, Cheyenne, Wyoming and American Federation of Government Employees, Local 1014

Exit interview unfair labor practice complaint dismissed

A chief nurse met with a resigning employee to discuss her reasons for leaving and her work experience. The complaint alleged that the meeting bypassed AFGE Local 1014 and was a formal discussion held without union notice. On a stipulated record, the Authority found too little evidence about the…

November 17, 1983 ·FLRA
Set aside
COMM

Social Security Administration and American Federation of Government Employees, Local 1923

Union recruitment film ban found unlawful

AFGE Local 1923 asked to show a short recruitment film during employees’ lunch breaks in Social Security Administration work areas. The agency refused, citing possible disruption, although it had allowed other union solicitation and employees used those areas during breaks. On a stipulated record…

November 17, 1983 ·FLRA
Upheld
COMM

Defense Mapping Agency, Providence Field Office and American Federation of Government Employees, Local 1884

Personnel assistant excluded from bargaining unit

The Defense Mapping Agency sought to exclude personnel assistant Jennie Balme from an AFGE bargaining unit. Balme coordinated incentive awards, maintained personnel data, advised employees and supervisors, and trained supervisors on performance appraisals. The Authority found that her personnel…

November 17, 1983 ·FLRA
Other
COMM

Coeur d'Alene Tribal Farm

OSHA Act held inapplicable to tribal enterprise

OSHA inspected grain-storage facilities operated as a commercial enterprise of the Coeur d'Alene Tribe on reservation land and issued thirteen citation items. The Commission held that applying the Occupational Safety and Health Act to the tribal farm would impermissibly intrude on tribal…

November 16, 1983 ·OSHRC
Citations vacated
ALJ

Secretary of Labor (MSHA) v. Thompson Coal & Construction, Inc.

Legal identity citation vacated

MSHA cited Thompson Coal & Construction for failing to update a mine legal identity report after responsibility for the Jerry Run Mine shifted to a new superintendent. Judge Gary Melick found that the operator had 30 days after a change to file updated information. The record did not establish when…

November 15, 1983 ·Gary Melick ·FMSHRC
Citations vacated
ALJ

Kaiser Steel Corporation v. Secretary of Labor (MSHA)

Electrical citation modified; $200 penalty assessed

MSHA cited Kaiser Steel Corporation because a circuit breaker protecting a mine cable was set above the limit in 30 C.F.R. § 75.601-1. Judge Virgil E. Vail upheld the violation and found the company's failure to comply unwarrantable. He found that other protective devices made an injury unlikely…

November 15, 1983 ·Virgil E. Vail ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Cyprus Industrial Minerals Corporation

$2,400 assessed after haul truck fall

A haul truck driver died when his truck went over the edge of an ore stockpile at Cyprus Industrial Minerals' Yellowstone Mine. MSHA cited the company for lacking a berm or other restraint and for allowing loads to be dumped near ground that could not support the truck. Judge Gary Melick found that…

November 14, 1983 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Secretary of Labor (MSHA) v. Callanan Industries, Inc.

Noise control case remanded

MSHA cited Callanan Industries after a drill operator at its stone quarry was exposed to noise above the limit in 30 C.F.R. § 56.5-50. An ALJ vacated the citation, finding that MSHA had not proved a proposed noise control was feasible. The Commission held that feasibility includes technological and…

November 9, 1983 ·FMSHRC
Remanded
ALJ

Secretary of Labor (MSHA) v. Peerless Eagle Coal Company

Settlement approved for $800

MSHA brought a civil penalty case against Peerless Eagle Coal Company involving two alleged violations at its No. 3 Mine. The parties jointly asked the judge to approve a settlement. Judge Joseph B. Kennedy granted their motion and ordered the company to pay the agreed $800 in penalties by November…

November 9, 1983 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

American Federation of Government Employees, Council 214 and Air Force Logistics Command, Wright-Patterson Air Force Base

Negotiability petition dismissed after policy cancellation

AFGE Council 214 challenged the Air Force activity’s refusal to bargain over proposals concerning the implementation of a letter about withholding within-grade increases. During the appeal, the Air Force cancelled the letter that had prompted the proposals. The Authority found the dispute moot and…

November 9, 1983 ·FLRA
Procedural
ALJ

Secretary of Labor (MSHA) v. Bartley & Bartley Coal Company

Default order assesses $22 penalty

MSHA sought a civil penalty against Bartley & Bartley Coal Company for a citation under 30 C.F.R. § 77.516 at its No. 4 Mine. The company did not appear at the scheduled hearing. Judge Richard C. Steffey then sent an order requiring it to explain why it should not be found in default, but the…

November 9, 1983 ·Richard C. Steffey ·FMSHRC
Citations affirmed
COMM

Todilto Exploration and Development Corporation v. Secretary of Labor (MSHA)

Noise control feasibility sent back

MSHA cited Todilto Exploration and Development Corporation after measuring excessive noise exposure for a rock drill operator at its uranium mine. An ALJ vacated the citation because a muffler installed later did not bring the noise below the permitted level. The Commission held that an engineering…

November 9, 1983 ·FMSHRC
Remanded
COMM

Army and Air Force Exchange Service, Lowry Air Force Base Exchange and American Federation of Government Employees, Local 2865

Overtime records must be furnished free

An administrative law judge recommended dismissal of the union’s complaint after the Army and Air Force Exchange Service sought $93.50 to copy requested overtime records. The Authority agreed that the agency had to furnish the data and held that this required a copy without charge. It reversed the…

November 9, 1983 ·FLRA
Mixed result
COMM

Internal Revenue Service, Portsmouth District Office and National Treasury Employees Union, Chapter 11

Three secretaries excluded as confidential employees

The IRS sought to exclude three secretaries from an NTEU bargaining unit. Each served a group manager who handled labor relations and typed or filed sensitive grievances, personnel actions, and labor relations material. The Authority found that the secretaries acted in a confidential capacity for…

November 9, 1983 ·FLRA
Other
ALJ

Secretary of Labor (MSHA) v. Westmoreland Coal Company

Settlement approved with higher penalties

MSHA and Westmoreland Coal Company proposed a settlement of civil penalty cases involving the Hampton No. 3 Mine. Judge Joseph B. Kennedy concluded that two cited violations of 30 C.F.R. § 75.400 had been assigned penalties that were too low because they could contribute to a mine fire or…

November 7, 1983 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. C C & P Coal Company

$12,000 settlement approved

MSHA cited C C & P Coal Company for three safety violations after a miner was killed while working on a continuous mining machine that started unexpectedly. The citations concerned repairs on energized equipment and electrical work without deenergizing and locking out the circuit. The company…

November 4, 1983 ·James A. Broderick ·FMSHRC
Settled
COMM

Department of the Treasury, U.S. Customs Service and National Treasury Employees Union

Overtime backpay award upheld

An arbitrator found that Customs supervisors at the Port of Portland performed overtime work when bargaining unit inspectors were available and ordered backpay. The agency argued that the award violated the Back Pay Act because the arbitrator had not identified each inspector owed overtime. The…

November 4, 1983 ·FLRA
Upheld
ALJ

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

Recalled miners' training claims settled

Laid-off Peabody Coal Company miners challenged a policy requiring them to pay for training or retraining to keep their seniority positions on recall panels. The parties settled the claims of miners who were recalled after paying for training. Judge Joseph B. Kennedy approved the settlement and…

November 4, 1983 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Glen Irvan Corporation

Roof control penalty increased

MSHA brought two civil penalty cases against Glen Irvan Corporation involving 11 safety citations at its Bark Camp No. 2 Mine. The parties settled 10 citations, including two with reduced proposed penalties, for $304. Judge George A. Koutras affirmed the remaining roof control citation after…

November 3, 1983 ·George A. Koutras ·FMSHRC
Modified
COMM

United States Marshals Service and American Federation of Government Employees, International Council of Marshals Service Locals

Marshals Service ordered to comply with arbitration award

The Marshals Service refused to comply with an arbitrator’s January 1980 award after the Authority had sustained it. An administrative law judge found that the refusal was an unfair labor practice. The Authority adopted the judge’s findings and order. It directed the service to comply with the…

November 3, 1983 ·FLRA
Upheld
COMM

Internal Revenue Service, District, Region and National Office Unit and National Treasury Employees Union

IRS training change found unlawful

The IRS revised its corporate income tax training for revenue agents nationwide without first notifying or bargaining with NTEU. The changes barred GS-7 and GS-9 agents from classroom training and required other agents to pass a new preliminary phase. The Authority adopted the judge’s finding that…

November 3, 1983 ·FLRA
Upheld

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.