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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Panama Canal Federation of Teachers, Local 29 and Department of Defense Dependents Schools, Panama Region
Negotiability appeal dismissed for lack of service
The union petitioned for review of a negotiability dispute with Department of Defense Dependents Schools in the Panama Region. The Authority advised it that the agency’s designated official had not been served and explained how to correct the filing. The union made no timely submission to cure the…
American Federation of Government Employees, Local 1395 and Social Security Administration
Late arbitration exceptions dismissed
AFGE Local 1395 filed exceptions to a Social Security Administration arbitration award dated September 13, 1983. The Authority calculated an October 12 deadline, but received the exceptions on October 14. It held that the filing period could not be extended or waived. The exceptions were dismissed…
American Federation of Government Employees, Local 1600 and Naval Ordnance Station, Indian Head
Employee’s arbitration exceptions dismissed
An employee filed exceptions to an arbitration award involving AFGE Local 1600 and the Naval Ordnance Station. The Authority found that the union and the activity, rather than the employee, had participated as parties in the arbitration. Under its rules, only a party could file exceptions to the…
American Federation of Government Employees, Local 1858 and U.S. Army Missile Command
Instructor schedule grievance denial upheld
The Army Missile Command changed the tours of duty of instructors and support staff. An arbitrator found that keeping the former schedule would seriously hinder the school’s teaching function, so he denied the union’s grievance under the parties’ agreement. AFGE Local 1858 argued that the…
Secretary of Labor (MSHA) v. Southwestern Illinois Coal Corporation
Safety belt violation found and penalty remanded
MSHA cited Southwestern Illinois Coal Corporation after a miner worked on an elevated part of a stripping shovel without a safety belt or line. An ALJ vacated the citation because the company had written safety rules, supplied belts, and disciplined rule breakers. The Commission majority held that…
Secretary of Labor (MSHA) v. Westmoreland Coal Company
Coal dust settlement approved for $800
MSHA cited Westmoreland Coal Company after finding an accumulation of float coal dust and loose coal at its Hampton No. 3 Preparation Plant. The parties proposed settling for $800, or 80 percent of the initial $1,000 assessment. Judge Joseph B. Kennedy considered the accumulation capable of…
Secretary of Labor (MSHA) v. Energy Fuels Nuclear, Inc.
Unsafe drilling citation vacated
MSHA alleged that Energy Fuels Nuclear, Inc. required miners at its underground uranium mine to drill a ventilation raise from ladders, creating insecure footing under 30 C.F.R. § 57.7-52. The agency sought a $2,000 penalty. Judge John A. Carlson found that no government witness had seen miners…
Capital City Excavating
Willful trenching case remanded for penalty
The Sixth Circuit held that Capital City Excavating willfully violated the trenching standard at section 1926.652(b) and returned the case to the Commission to assess an appropriate civil penalty. The Commission in turn remanded the matter to the chief judge for reassignment because the original…
Mobil Oil Corporation
Serious pit-guarding violation not willful
Mobil replaced an unsafe guardrail around a refinery wax pit with a wall, but a six-foot gap remained after a contractor's cost overrun. The pit supervisor requested completion, warned employees, and sometimes installed ropes, although those measures did not fully eliminate exposure to the slippery…
Russell Collins and Virgil Kelley v. Secretary of Labor (MSHA)
Review withdrawn and ALJ order made final
Counsel for Russell Collins and Virgil Kelley asked to withdraw their petition for discretionary review of an ALJ decision. The Commission granted the motion and vacated its September 2, 1983 direction for review. The ALJ decision consequently stands as the final Commission order. This brief order…
Secretary of Labor (MSHA) v. United States Steel Mining Company, Inc.
Five citations upheld with two designations removed
MSHA cited United States Steel Mining Company five times for coal accumulations and electrical equipment conditions at its Maple Creek No. 2 Mine. Judge James A. Broderick affirmed all five violations. He found the wet coal accumulation was unlikely to contribute to a fire and removed its…
Secretary of Labor (MSHA) v. Shamrock Coal Co., Inc.
Withdrawal denied while penalty case remains open
MSHA filed a civil penalty proposal against Shamrock Coal Co. for its No. 18 Mine. The company sought to withdraw its hearing request after an MSHA district manager said the item should receive a regular penalty assessment instead of a special assessment. Chief Judge Paul Merlin held that, once the…
Philadelphia Metal Trades Council and Philadelphia Naval Shipyard
Late negotiability petition dismissed
Philadelphia Metal Trades Council filed a petition for review after the naval shipyard alleged that a proposal was outside the duty to bargain. The Authority calculated a September 7, 1983 deadline under its filing rules. The petition was filed September 16. The Authority dismissed it as untimely…
Bremerton Metal Trades Council and Department of the Navy, Puget Sound Naval Shipyard
Negotiability appeal dismissed for filing defects
Bremerton Metal Trades Council asked the Authority to review a negotiability dispute with Puget Sound Naval Shipyard. The Authority identified several filing deficiencies and told the union how and when to correct them. The union made no submission within the time allowed. The Authority dismissed…
American Federation of Government Employees, Council of Social Security Locals and Social Security Administration
Temporary assignment petition dismissed after objection withdrawn
AFGE proposed selection procedures for employees temporarily assigned to another Social Security Administration installation. The agency initially alleged that the proposal was outside the duty to bargain, and the union sought Authority review. The agency later withdrew its objection. The Authority…
Veterans Administration Medical Center and American Federation of Government Employees, Local 2094
Late arbitration exceptions dismissed
AFGE Local 2094 filed exceptions to a Veterans Administration arbitration award dated August 16, 1983. The Authority calculated that it had to receive the exceptions by September 14. They arrived on September 15, and the Authority held that it could not extend or waive the filing period. It…
Atec Contracting Corporation
Excavation items settled as nonserious
Atec was originally cited for three serious excavation and trenching violations with $1,440 proposed. The judge vacated the section 1926.652(b) item, affirmed the other two, and assessed $960. While review of the affirmed items was pending, Atec agreed to withdraw its petition and maintain…
American Cyanamid Company
Review petitions withdrawn and settlement approved
The Secretary, the authorized employee representative, and American Cyanamid withdrew their respective petitions for discretionary review. The company agreed to pay $100 for citation 2, item 1c, and $1,000 for item 1e, and represented that both conditions had been abated. The Commission approved…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Two citations upheld and grounding citation vacated
MSHA cited U.S. Steel Mining Company for two coal accumulations and an ungrounded cable skid at its Cumberland Mine. Judge James A. Broderick affirmed both accumulation citations under 30 C.F.R. § 75.400. He found that coal near a hot conveyor motor could cause a fire and assessed $150, while a…
Secretary of Labor (MSHA) v. R.F.H. Coal Company
Settlement approved after mine explosion
MSHA proposed $47,580 in penalties for eight alleged violations following an explosion at R.F.H. Coal Company's No. 1 Mine that killed seven people underground. The parties agreed to settle for $10,000. Judge Richard C. Steffey considered the gravity of the alleged violations, the mine's small size…
Secretary of Labor (MSHA), on behalf of Earnest Gaddy v. Anchor Stone Company
Discrimination case settled for $7,436.86
MSHA brought a discrimination proceeding on behalf of Earnest Gaddy against Anchor Stone Company. The parties reached a settlement that Judge Charles C. Moore, Jr. approved. He ordered Anchor Stone to pay Gaddy $7,436.86 immediately and dismissed the case. The short order does not describe the…
Secretary of Labor (MSHA) v. Kennecott Minerals Company, Utah Copper Division
Penalty reduced to $700
MSHA cited Kennecott Minerals Company's Utah Copper Division under 30 C.F.R. § 55.9-20 and proposed a $1,000 penalty. At the hearing, the agency reduced its proposed penalty to $700 because the operator's negligence was lower than initially assessed. Kennecott then withdrew its contest. Judge John…
Clinchfield Coal Company v. Secretary of Labor (MSHA)
Roof fall order upheld with $3,400 penalty
MSHA issued an imminent danger order and cited Clinchfield Coal Company under 30 C.F.R. § 75.200 for unsupported rock around a roof fall area at its Hurricane Creek Mine. The earlier roof fall had killed two miners, and the company later recovered a continuous mining machine from the area. Judge…
Secretary of Labor (MSHA) v. Ross Island Sand & Gravel Company
Two $20 settlements denied
The Secretary proposed to settle two citations against Ross Island Sand & Gravel Company for $20 each. The citations concerned debris in a work area and an unsecured acetylene bottle. After requesting more information, Chief Judge Paul Merlin concluded that the described negligence and possible…
Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.
Roof support citation affirmed with $250 penalty
MSHA cited U.S. Steel Mining Co. at its Cumberland Mine for failing to install supplementary roof supports at a track haulage intersection, as required by the approved roof control plan. The operator admitted the violation but disputed its significant and substantial designation and the proposed…
National Treasury Employees Union and Internal Revenue Service
Performance rating formulas held nonnegotiable
NTEU proposed rating formulas and achievement thresholds for IRS performance appraisals. The Authority found that both proposals would prescribe the standards for determining levels of performance in critical job elements. Setting those standards was part of management’s rights to direct employees…
Secretary of Labor (MSHA) v. Medusa Cement Company
$98 settlement denied
The Secretary proposed to settle three Medusa Cement Company citations for the original assessments totaling $98. The alleged conditions involved missing machine guarding, a poorly maintained fire extinguisher, and material on a walkway. Chief Judge Paul Merlin found that the motion did not support…
Secretary of Labor (MSHA) v. Medusa Cement Company
Settlement denied and case assigned for hearing
The Secretary asked to settle eleven alleged violations by Medusa Cement Company for $691, the total of the original assessments. Chief Judge Paul Merlin found that the motion gave too little information about gravity and negligence to justify the proposed amounts, including six $20 penalties. He…
Secretary of Labor (MSHA) v. Medusa Cement Company
$105 settlement denied
The Secretary proposed to settle two Medusa Cement Company citations for the original assessments totaling $105. One concerned cement buildup near a transfer elevator walkway, and the other concerned a missing cover plate at a fuel oil pit. Chief Judge Paul Merlin found that the motion gave no…
Secretary of Labor (MSHA) v. Medusa Cement Company
$1,341 settlement denied
The Secretary proposed to settle twenty alleged violations by Medusa Cement Company for the original assessments totaling $1,341. Six proposed penalties were $20 each; the remaining fourteen ranged from $39 to $136. Chief Judge Paul Merlin found that the motion supplied no facts to support its…
Secretary of Labor (MSHA) v. Medusa Cement Company
$326 settlement denied
The Secretary proposed to settle eleven alleged violations by Medusa Cement Company for the original assessments totaling $326. Six proposed penalties were $20 each; the other five ranged from $30 to $68. Chief Judge Paul Merlin found that the motion gave no factual basis for its claims about…
Secretary of Labor (MSHA) v. Pyro Mining Company
Two mine safety citations affirmed, one vacated
MSHA cited Pyro Mining Company at its Pride Mine for three alleged violations. The Secretary withdrew an explosives-storage citation after conceding that the explosives had not been stored in the working place, and Judge Gary Melick vacated it. The judge corrected another citation's standard to 30…
U.S. Army Medical Department Personnel Support Agency, Northeast Region and American Federation of Government Employees, Local 2204
Reserve staffing technicians may vote on union representation
AFGE Local 2204 sought to represent military personnel staffing technicians who recruited and processed Army Reserve applicants. The Army argued that their personnel work required exclusion from the bargaining unit. The Authority held that recruiting military reserve applicants did not count as the…
Edwin Webber v. Harrison Western Corp.
Discrimination complaint settled for $22,000
Edwin Webber brought a Mine Act discrimination case against Harrison Western Corp. After a hearing, Judge Joseph B. Kennedy entered a tentative bench decision in Webber's favor. The parties then proposed a settlement, which the judge found served Webber's interests and the Act's remedial purposes…
Secretary of Labor (MSHA) v. American Mine Services, Inc.
Penalty corrected from $87 to $78
Judge John A. Carlson amended his September 30, 1983 decision involving American Mine Services, Inc. at the LaSal No. 2 Mine. He corrected the civil penalty for Citation No. 583964 from $87 to $78, including the penalty amount stated on page six of the earlier decision. He left the rest of that…
Little Sandy Coal Sales, Inc. v. Secretary of Labor (MSHA)
Mine Act coverage found and sanitation citation affirmed
Little Sandy Coal Sales contested a sanitary toilet facilities citation, arguing that its coal purchasing, crushing, sizing, and resale business was outside the Mine Act. Its owner reported illness before the hearing and did not appear; Judge Charles C. Moore, Jr. heard the Secretary's witness…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Eight citations upheld with some hazard designations removed
MSHA cited U.S. Steel Mining Company for eight conditions at its Maple Creek No. 2 Mine across three dockets. Judge James A. Broderick found violations involving electrical equipment, missing roof bolts, and track switch reflectors. He removed the significant and substantial designation from four…
Secretary of Labor (MSHA) v. Medusa Cement Company
$56 settlement sent to hearing
MSHA cited Medusa Cement Company under 30 C.F.R. § 56.16-6 because protective covers were missing from oxygen and acetylene cylinders being transported. After Chief Judge Paul Merlin disapproved an earlier settlement motion, the Secretary submitted an amended motion proposing the original $56…
Secretary of Labor (MSHA) v. Nugent Sand Company, Inc.
Three $20 settlements denied
A previous order had approved settlements for three of six alleged violations by Nugent Sand Company. The Secretary then sought to settle the remaining three for $20 each: one concerned a front-end loader without a fire extinguisher, and two concerned unguarded conveyor pulleys. Chief Judge Paul…
Secretary of Labor (MSHA) v. Price River Coal Company, formerly Braztah Corporation
Secretary of Labor (MSHA) v. Price River Coal Company (FMSHRC WEST 80-83 and WEST 80-135): Three violations affirmed with $2,805 in penalties
MSHA cited Price River Coal Company's No. 5 Mine for combustible material accumulations, inadequate roof support, and operating a scoop-tram without secured battery cover plates after written notice to provide that safeguard. Judge Virgil E. Vail found all three violations proved. He upheld the…
Secretary of Labor (MSHA) v. Coal Carriers, Inc.
Citations affirmed after operator declined to contest
MSHA brought a civil penalty case against Coal Carriers, Inc., operator of the Coal Carriers Mine. The Solicitor reported that the company had filed for bankruptcy and no longer wished to contest the citations and penalties. Judge Charles C. Moore, Jr. treated that announcement like a default…
Kenneth A. Wiggins v. Eastern Associated Coal Corporation
Review petition dismissed as premature
Kenneth Wiggins brought a mine safety discrimination case against Eastern Associated Coal Corporation. An administrative law judge found that Eastern had unlawfully discharged him but left the remedy for a later order. Eastern petitioned the Commission to review that merits ruling. The Commission…
Secretary of Labor (MSHA) v. Glen Irvan Corporation
Settlements approved and seat belt citation affirmed
MSHA brought two civil penalty cases against Glen Irvan Corporation involving 14 citations at its Bark Camp mines. The parties settled 13 citations, and Judge George A. Koutras approved penalties of $295 in PENN 83-87 and $158 for six citations in PENN 83-86. He rejected a proposed $20 reduction…
United Mine Workers of America on behalf of Louis Maholic v. Andy Onficer and BCNR Mining Corporation
UMWA on behalf of Louis Maholic v. Andy Onficer and BCNR Mining Corporation (FMSHRC PENN 83-112-D): Discrimination complaint settled
The United Mine Workers of America brought a discrimination complaint for Louis Maholic, a miners' representative at the Russellton Mine. Maholic alleged that he was suspended for insisting on his right to accompany an MSHA inspector and later threatened with another suspension. The parties settled…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Four citations upheld and two vacated
MSHA cited U.S. Steel Mining Company for six alleged safety violations at its Maple Creek No. 1 underground coal mine. The Secretary withdrew two citations, which Judge James A. Broderick vacated. He affirmed four others involving unqualified electrical work, an unguarded trolley wire where miners…
National Treasury Employees Union and U.S. Nuclear Regulatory Commission
Noncritical appraisal elements held nonnegotiable
NTEU proposed bargaining over which job elements the Nuclear Regulatory Commission would treat as noncritical and over standards for those elements. The Authority held that identifying job duties and their relative importance was part of management’s rights to assign work and direct employees. It…
Secretary of Labor (MSHA) v. Monterey Coal Company
Penalty set at $50 after remand
The Commission had already affirmed a citation against Monterey Coal Company and remanded the case for a penalty assessment. The parties stipulated to the factors used to set a penalty, including mine size, violation history, negligence, good faith, and gravity. Judge Charles C. Moore, Jr. noted…
Secretary of Labor (MSHA) on behalf of Shelby Eperson v. Jolene, Inc.
Three dates corrected in ALJ decision
An administrative law judge issued a corrective order in Shelby Eperson's discrimination case against Jolene, Inc. The order changes one month on page 4 of the earlier decision from February to September. It also changes two dates on page 7: September 6, 1983 to September 6, 1982, and May 28, 1983…
Secretary of Labor (MSHA) v. Solar Fuel Company
Penalty case dismissed for late filing
Solar Fuel Company contested a proposed civil penalty, but the Secretary filed the penalty petition more than four months after the company's contest. Commission rules called for filing within 45 days. The Secretary said the case file had been misplaced. Chief Administrative Law Judge Paul Merlin…
Secretary of Labor (MSHA) v. Helvetia Coal Company
Mine check-in system violation upheld
MSHA cited Helvetia Coal Company for failing to keep an accurate record of who was underground at its Lucerne No. 6 Mine. Inspectors found miners underground whose check-in tags remained on the check-out board and other miners recorded as underground who were absent from the property. Helvetia…
Secretary of Labor (MSHA) v. Price River Coal Company, formerly Braztah Corporation
Secretary of Labor (MSHA) v. Price River Coal Company (FMSHRC WEST 81-224): Coal accumulations citation upheld
MSHA cited Price River Coal Company for loose coal and float coal dust accumulations along a belt at its No. 3 Mine. A miners' representative had reported dirty belts before the inspection, and the inspector later found coal piled around belt rollers and float dust nearby. Judge Virgil E. Vail…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Eight violations upheld and one vacated
MSHA brought nine safety citations against U.S. Steel Mining Company at its Cumberland Mine. The Secretary withdrew one citation, which Judge James A. Broderick vacated, and settled another for $20 without a significant and substantial finding. The judge upheld the remaining seven violations…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Track switch safeguard violation upheld
MSHA cited U.S. Steel Mining Company after inspectors found a track haulage switch at the Cumberland Mine without a reflector or other indicator of the switch direction. A prior safeguard notice required an indicator at every such switch. U.S. Steel admitted the violation but disputed whether it…
Secretary of Labor (MSHA) v. International Minerals & Chemical Corp.
Two excessive noise citations affirmed
MSHA cited International Minerals & Chemical Corp. after two workers at its Port Sutton phosphate facility were exposed to excessive noise while unloading railcars without hearing protection. The workers used pneumatic wrenches, and the company later tested ways to reduce the noise. Judge George A…
Secretary of Labor (MSHA) v. American Mine Services, Inc.
Lightning protection violation upheld
MSHA cited American Mine Services, Inc. for inadequate lightning protection on an aboveground power line supplying its LaSal No. 2 Mine. Judge John A. Carlson found that safeguards on the utility's higher-voltage line and grounding of the mine's cable did not adequately protect workers from a…
American Federation of Government Employees, Local 2855 and U.S. Army Military Traffic Management Command, Eastern Area
Retroactive promotion award adjusted
An arbitrator found that Army management had unfairly denied two employees earlier promotions and awarded retroactive promotions with backpay. The Authority rejected most of the agency’s exceptions because they disagreed with the arbitrator’s evidence assessment or failed to show a legal defect. It…
Secretary of Labor (MSHA) on behalf of Shelby Eperson v. Jolene, Inc.
Miner wins discrimination complaint
Shelby Eperson refused to work at Jolene, Inc.'s No. 1 Mine because he believed the acting foreman was impaired by alcohol and fatigue and could not safely supervise work or perform the preshift examination. Jolene fired him after the refusal, arguing that Eperson himself was responsible for…
March Air Force Base and American Federation of Government Employees, Local 1953
Bargaining required over secretarial downgrades
March Air Force Base downgraded eight bargaining unit secretaries after a classification survey without first notifying AFGE Local 1953. The Authority distinguished the positions’ classifications from the effects and implementation of the downgradings. It held that the base had to give the union a…
Army and Air Force Exchange Service, Lowry Air Force Base Exchange and American Federation of Government Employees, Local 2865
Union representative access complaint dismissed
An AFGE representative entered the Lowry Air Force Base Exchange to meet employees about union business without first notifying the exchange manager. He also met them near their work area rather than at the agreed neutral site. The Authority adopted the judge’s finding that enforcing the union’s…
Internal Revenue Service, Des Moines District and National Treasury Employees Union, Chapter 4
Union preparation time complaint dismissed
NTEU alleged that the IRS Des Moines District ended a practice of giving union representatives a half hour of official time before labor management meetings without bargaining. The judge found insufficient evidence that management knowingly accepted such a practice or refused to bargain over an…
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.