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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Department of Health and Human Services and National Treasury Employees Union
HHS unit consolidation petition dismissed
NTEU asked to combine five HHS bargaining units in four regions into one unit. HHS opposed the petition because the employees were spread across different components and locations, with labor relations handled largely at the regional level. The Authority found that the proposed group lacked a clear…
Bureau of Governmental Financial Operations, Headquarters and NTEU
Witness interview complaint dismissed
Before a Merit Systems Protection Board hearing, a Bureau representative interviewed a bargaining unit employee as a potential witness without notifying NTEU. An Administrative Law Judge found that the interview was a formal discussion and that the omission violated the union’s statutory right to…
Secretary of Labor (MSHA) v. Elk River Sewell Coal Company, Inc.
$1,000 assessed for roof bolt grouting violation
A roof fall at Elk River Sewell Coal Company's Stillhouse Run No. 1 Mine killed three miners and injured a fourth. MSHA found that exposed roof bolts had been grouted for less than the 80 percent of their length required by the mine's roof control plan, without added support. Judge Gary Melick…
U.S. Steel Mining Co., Inc. v. Secretary of Labor (MSHA)
Citation contest withdrawn
U.S. Steel Mining contested a citation issued at its Gary No. 9 Mine. The parties jointly moved to withdraw the contest and dismiss the proceeding. Judge Joseph B. Kennedy granted the motion and dismissed the case. The short order does not identify the cited safety standard or decide whether the…
Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.
Damaged cable citation affirmed with $175 penalty
MSHA cited U.S. Steel Mining after an inspector found a six-inch cut in the outer jacket of a continuous miner's trailing cable at the Maple Creek No. 1 Mine. The ground wire was exposed, though the power wires' insulation showed no visible damage. Judge James A. Broderick found a violation of 30…
Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.
$780 assessed across seven mine safety citations
MSHA cited U.S. Steel Mining for five locomotives without lifting jacks and bars, a missing clamp on a shuttle car cable, and a roof control plan violation at Maple Creek No. 2 Mine. The operator admitted the violations but disputed their significant and substantial designations and proposed…
Secretary of Labor (MSHA) v. Southern Clay, Inc.
$4,968.90 settlement approved across 18 cases
Southern Clay, Inc. and the Secretary proposed to settle 76 alleged mine safety violations across 18 dockets involving facilities in Missouri, Tennessee, and Illinois. Their proposed ten percent reduction was based on total penalties of $5,521. Judge Richard C. Steffey found omissions, duplicated…
Matter of Laipenieks
Nazi persecution finding supported deportation
The respondent was a Latvian-born citizen of Chile who became a lawful permanent resident of the United States after working as a full-time investigator and interrogator for the Latvian Political Police during the Nazi occupation of Latvia. The Board found clear, convincing, and unequivocal…
Kenneth A. Wiggins v. Eastern Associated Coal Corporation
Discrimination found with relief left open
Kenneth Wiggins alleged that Eastern Associated Coal Corporation discharged him because of his mine safety activity. Judge Charles C. Moore, Jr. found that a disciplinary notice issued after Wiggins addressed inadequate ventilation was discriminatory and contributed to the discharge decision. The…
Secretary of Labor (MSHA) v. Calvin Black Enterprises
Citation number corrected in prior order
Judge Virgil E. Vail issued a correction to an earlier decision in three consolidated civil penalty cases involving Calvin Black Enterprises. The correction changes a citation number in the prior order from 336697 to 336696. It makes no other stated change to the ruling or penalties. The Commission…
International Association of Fire Fighters, Local F-91 and Federal Aviation Administration
Negotiability petition dismissed as moot
IAFF Local F-91 sought a ruling on negotiability issues involving a Federal Aviation Administration bargaining unit. While the appeal was pending, an election led to certification of a different labor organization as the unit’s exclusive representative. Because Local F-91 no longer represented the…
AFGE Local 1157 and Army and Air Force Exchange Service, Western Distribution Region
Arbitration exceptions dismissed as late
AFGE Local 1157 filed exceptions to an arbitration award dated July 26, 1983. The Authority calculated that the exceptions had to reach it by August 24, but they were filed on August 26. The filing period could not be extended or waived. The Authority dismissed the exceptions without reaching the…
HHS Social Security Administration, Mid-America Program Service Center and AFGE Local 1336
Arbitration exceptions dismissed as late
AFGE Local 1336 filed exceptions to an arbitration award dated July 14, 1983. The Authority calculated an August 14 deadline, but received the exceptions on August 15. It held that the deadline could not be extended or waived. The exceptions were dismissed without review of the award’s merits.
U.S. Medical Center for Federal Prisoners and AFGE Local 1612
Arbitration exceptions dismissed one day late
AFGE Local 1612 filed exceptions to an arbitration award dated May 23, 1983. The Authority found that the filing deadline was June 21, but the exceptions reached it on June 22. It rejected arguments that the award date should be omitted from the calculation or that later receipt by mail extended…
Secretary of Labor (MSHA) v. Medusa Cement Company
Proposed $56 settlement denied
MSHA cited Medusa Cement Company because oxygen and acetylene cylinders were transported without covers protecting their valve stems. The Secretary proposed to settle the citation for the original $56 assessment. Chief Judge Paul Merlin denied the motion because it did not explain the asserted lack…
Secretary of Labor (MSHA) v. Nugent Sand Company, Inc.
Amended $20 settlements denied
The Secretary proposed $20 penalties for three of six alleged violations by Nugent Sand Company, after an earlier order requested more detail. Two of the three citations in the amended motion concerned a front-end loader without a fire extinguisher and an unguarded take-up pulley; this order does…
Cardinal Operating Company
Tank-entry general duty citation vacated
Cardinal employees faced a fall hazard while climbing through side openings into water-treatment tanks and stepping down onto internal laterals. The company had tried resistant linings, several kinds of ladders, lifelines, platforms, and other measures without solving the entry problem. The…
U.S. Army Air Defense Center and Fort Bliss and NAGE R14-85
Fort Bliss bargaining and interference violations upheld
An Administrative Law Judge found that Fort Bliss changed its visitor policy and vehicle washing practice without giving NAGE notice and a chance to bargain. The judge also found that management threatened adverse changes and reprisals if employees engaged in union activity. The Army challenged the…
U.S. Naval Space Surveillance Systems and U.S. Naval Surface Weapons Center, Dahlgren, Virginia
Official time complaint dismissed on reconsideration
On reconsideration, the Authority revisited an earlier finding that the Naval Surface Weapons Center had unlawfully refused to bargain over official time for one of its employees. The employee would have represented the union in negotiations with a separate naval activity. The Authority concluded…
Joseph D. Burns v. ASARCO, Inc.
$11,011.14 in fees and expenses awarded
Joseph Burns alleged that ASARCO discharged him after he refused to repair a dredge ladder he considered unsafe. The parties settled his underlying discrimination claim for $4,000 and left attorney fees and expenses for the judge. Judge Joseph B. Kennedy found the documented hours and hourly rates…
Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.
$1,000 assessed for mantrip and trolley wire hazards
MSHA cited U.S. Steel Mining at its Gary No. 50 Mine for carrying unsecured compressed gas cylinders on a mantrip and for leaving an energized trolley wire inadequately guarded where miners boarded and exited. Judge Richard C. Steffey found both violations significant and substantial because a…
United Mine Workers of America on behalf of Donald E. Colchagie v. Consolidation Coal Company
Inspection pay and absence claims dismissed
The United Mine Workers of America alleged that Consolidation Coal discriminated against safety committee member Donald Colchagie after he accompanied an MSHA inspector on an inspection outside his regular shift. Colchagie sought extra inspection pay and challenged an unexcused absence for missing…
NFFE Local 1363 and U.S. Army Garrison, Yongsan, Korea
Alcohol service proposal held outside duty to bargain
NFFE Local 1363 proposed that employees not drink alcoholic beverages while on duty unless a supervisor directed otherwise. The Authority read the proposal in light of the union’s explanation as addressing alcohol dispensed in membership associations to employees off duty. It held that dispensing…
Social Security Administration, Baltimore and AFGE
Additional coercive supervisor statement found unlawful
An Administrative Law Judge found that several statements by Social Security Administration management interfered with a union steward’s protected activity but rejected an allegation about one supervisor’s criticism of her work. The Authority adopted most of the judge’s findings and disagreed on…
Bureau of Land Management, Richfield District Office and AFGE Local 3790
Personnel office contact change found unlawful
The Bureau of Land Management changed how Richfield employees could contact the Utah state personnel office without first notifying AFGE Local 3790 or offering to bargain over the change’s impact and implementation. An Administrative Law Judge found an unfair labor practice and recommended…
Social Security Administration and AFGE National Council of SSA Field Assessment Locals
Claims examiner qualification complaint dismissed
An unfair labor practice complaint alleged that the Social Security Administration changed the specialized experience required for a claims examiner position without notifying and bargaining with AFGE. An Administrative Law Judge found that the agency had not made the alleged unlawful change and…
Secretary of Labor (MSHA) v. Yakima Cement Products Company, Inc.
More settlement penalty evidence required
The Secretary sought approval of settlements in a penalty case involving Yakima Cement Products Company. After an earlier order, the Secretary supplied information on company size, violation history, compliance efforts, and ability to remain in business. Chief Judge Paul Merlin found that the…
AFGE Veterans Administration Local 1151 and Veterans Administration
Negotiability appeal dismissed for filing deficiencies
AFGE Veterans Administration Local 1151 filed a negotiability appeal that did not meet several procedural requirements. The Authority identified the defects, explained how to complete the appeal, and gave the union time to respond. The union made no submission within that period. The Authority…
NFFE Local 1363 and U.S. Army Garrison, Yongsan, Korea
Alcohol service proposal held outside duty to bargain
NFFE Local 1363 proposed barring membership associations at the Yongsan garrison from serving alcoholic beverages to people on duty. The Authority found that serving alcohol in these associations principally concerned employees’ nonwork activities while off duty. It held that the matter was not a…
AFSCME Local 2027 and ACTION, Washington, D.C.
Union representation proposal negotiable, two proposals rejected
AFSCME Local 2027 appealed ACTION’s objections to three bargaining proposals. The Authority held that a proposal allowing union representation in meetings about classification matters concerned the meeting procedure, not the classification of a position, and ordered bargaining on request. It…
U.S. Department of Labor and AFGE Local 644
Hazard differential pay arbitration award upheld
A Department of Labor arbitrator found that grievances over denied hazard differential pay were arbitrable and granted one employee’s claim while denying the others. The agency challenged the award as a classification matter and argued that the arbitrator relied on a draft regulation and restricted…
United States Marshals Service and AFGE International Council of Marshals Service Locals
Employee parking spaces released without bargaining
The Marshals Service released parking spaces used by bargaining unit employees to the General Services Administration. AFGE requested bargaining before the release, but the agency did not bargain. On a stipulated record, the Authority found that the decision affected working conditions and was…
Department of Energy and AFGE Local 2195
): DOE recognition and contract termination violated executive order
After a reorganization, the Department of Energy ended its predecessor’s collective bargaining agreement and withdrew recognition from AFGE Local 2195 while representation questions were still pending. The Authority decided this transferred case under Executive Order 11491. It held that DOE had to…
Secretary of Labor (MSHA) v. Emery Mining Corporation
$100 set for refresher training violations on remand
The Commission held that Emery Mining's annual refresher training had to occur within twelve months of each miner's previous training, reversing the judge's earlier calendar-year reading. On remand, Judge Charles C. Moore, Jr. addressed only the penalty for violations already found by the…
Secretary of Labor (MSHA) v. Consolidation Coal Company
Inquiry ordered on penalty-petition withdrawal
MSHA cited Consolidation Coal Company for failing to install center roof bolts within the time required by its approved roof control plan. The Secretary asked to withdraw the penalty petition but also reported that the operator had paid a $20 assessment. Judge Paul Merlin observed that, according…
AFGE Local 32 and Office of Personnel Management
Negotiability petition dismissed after objection withdrawn
AFGE Local 32 sought a negotiability ruling on a proposal about reassignment procedures at the Office of Personnel Management. OPM later withdrew its allegation that the proposal was nonnegotiable. The Authority found that no duty to bargain dispute remained. It dismissed the union’s petition…
AFGE Local 3148 and Department of Justice, Bureau of Prisons
Negotiability appeal dismissed for filing defects
AFGE Local 3148 filed a negotiability appeal that lacked materials required by the Authority’s procedural rules. The Authority described the deficiencies, explained how to complete the appeal, and gave the union a deadline. The union did not respond within that period. The Authority dismissed the…
NFFE Local 1363 and Department of the Army, U.S. Forces Korea
Negotiability petition dismissed over threshold bargaining dispute
NFFE Local 1363 sought a negotiability ruling on two proposals tied to a draft Army law enforcement regulation. The Army said it had withdrawn the draft, while the union said the Army was still following it. The Authority found that the central dispute was whether past practices had changed and a…
National Association of Agriculture Employees, Branch 11 and Department of Agriculture
Local bargaining obligation dispute dismissed
A union sought a negotiability ruling on a proposal concerning supervisory overtime during negotiation of a local supplement. The Department of Agriculture argued that the national agreement did not require bargaining over that proposal at the local level. The Authority held that the threshold…
Veterans Administration, Bay Pines Medical Center and AFGE Local 547
Agency arbitration exceptions dismissed one day late
The Bay Pines Medical Center filed exceptions to an arbitration award dated July 5, 1983. The Authority calculated that the filing deadline was August 3, but the agency filed on August 4. It held that the statutory deadline could not be extended or waived. The exceptions were dismissed without a…
Department of Education, Office of Civil Rights and AFGE Local 3887
Union arbitration exceptions dismissed as late
AFGE Local 3887 filed exceptions to an arbitration award dated June 23, 1983. The Authority calculated a July 22 deadline, but the union filed on July 27. It held that the filing period could not be extended or waived. The Authority dismissed the exceptions without reaching the award’s merits.
General Services Administration, Region 8 and AFGE Council 236
Suspension grievance arbitrability ruling upheld
An arbitrator ruled that a grievance over a three day suspension could not proceed because the union missed a response deadline in the parties’ agreement. AFGE Council 236 argued that the arbitrator framed the issue incorrectly, relied on incorrect facts, and denied due process. The Authority found…
Department of Housing and Urban Development and AFGE
Resignation grievance award upheld
A HUD employee resigned and asked to withdraw her resignation the next day. An arbitrator found that she had made the resignation effective immediately and that the agency had a valid reason to decline withdrawal during a reduction in force. AFGE challenged the award as contrary to law because…
Atlanta Forming Co., Inc.
Construction activity satisfied commerce coverage
Atlanta Forming challenged only whether it was an employer engaged in a business affecting interstate commerce. The Commission held that construction of a multistory commercial building belongs to a class of activity affecting commerce and that construction materials and services have an interstate…
Mississippi National Guard MATES Shop and Association of Civilian Technicians
Separate MATES bargaining unit petition denied
The Association of Civilian Technicians sought to represent civilian employees at the Mississippi National Guard’s Camp Shelby maintenance site as a separate unit. The Authority found that these workers shared personnel policies, supervision, duties, and interchange with technicians elsewhere in…
NASA George C. Marshall Space Flight Center and Marshall Engineers and Scientists Association
Engineer excluded from unit, others retained
NASA asked the Authority to clarify whether several engineers and scientists at the Marshall Space Flight Center belonged in a bargaining unit. The Authority found that one aerospace engineer assigned and directed subordinates using independent judgment and was a supervisor. It excluded him from…
Secretary of Labor (MSHA) v. Riverside Clay Company
$500 assessed for refusing follow-up inspection
Riverside Clay Company refused an MSHA inspector entry to its plant for follow-up work after a fatal workplace accident. The company argued that its refractory plant was under OSHA's jurisdiction, even though it also milled and prepared clay there. Judge James A. Broderick found the plant subject…
Old Ben Coal Company v. Secretary of Labor (MSHA) and United Mine Workers of America
Withdrawal order converted to citation
Old Ben Coal Company admitted that a violation was significant and substantial and resulted from unwarrantable failure, but challenged the legal basis for an MSHA withdrawal order. Judge Charles C. Moore, Jr. found that the order was issued during an inspection after the one underlying the earlier…
Secretary of Labor (MSHA) v. Old Ben Coal Company
Belt guard order reduced to citation with $300 penalty
MSHA issued Old Ben Coal Company a withdrawal order after an inspector found a moving belt drive without adequate guards. Old Ben conceded the guarding violation but disputed whether it resulted from unwarrantable failure. Judge Charles C. Moore, Jr. found the violation significant and substantial…
Secretary of Labor (MSHA) v. Calvin Black Enterprises
Mine safety and inspection refusal citations upheld
MSHA cited Calvin Black Enterprises after an independent contractor's crew worked underground without ready access to self-rescue devices and used a gasoline-powered jeep where the mine lacked the required escape routes. Inspectors also said mine personnel required the owner's permission before…
NFFE Local 1650 and U.S. Forest Service, Angeles National Forest
Duty station and recall proposals held nonnegotiable
NFFE Local 1650 challenged the Forest Service’s refusal to bargain over two proposals. The Authority found that restricting duty station changes to lateral or promotional reassignments would interfere with management’s right to assign employees. It also found that requiring attempts to recall…
NFFE Local 1579 and Veterans Administration Regional Office, Louisville
Union incentive award proposal negotiable
NFFE Local 1579 proposed union participation on an incentive awards committee and a flexible work schedule at a Veterans Administration regional office. The Authority found the committee proposal negotiable because it concerned employee working conditions and applied only to represented employees…
National Treasury Employees Union and U.S. Nuclear Regulatory Commission
Arbitration hearing sequence award upheld
An arbitrator ruled that the union could schedule hearings for career ladder promotion grievances by the categories in a memorandum of understanding, regardless of when each grievance was invoked. The Nuclear Regulatory Commission challenged the award as an incorrect interpretation of the agreement…
AFGE Local 1178 and U.S. Army Quartermaster Center and Fort Lee
Grievance meeting adviser award upheld
An arbitrator found that a labor relations officer could attend a first step grievance meeting as an adviser under the parties’ agreement. AFGE Local 1178 argued that the award misread the agreement, overlooked facts, and favored management. The Authority found that these objections amounted to…
Veterans Administration, Audie L. Murphy Hospital and AFGE Local 3511
Rescission of ten day suspension upheld
The Veterans Administration suspended a hospital employee for allegedly falsifying a claim about a back injury at work. An arbitrator found that the agency had not proved just cause and ordered the suspension rescinded. The agency challenged the arbitrator’s legal and factual findings. The…
AFGE Local 1919 and Veterans Administration National Cemetery, Farmingdale
Fourteen day suspension award upheld
A cemetery employee was suspended for misconduct involving the remains of decedents. An arbitrator found the charges sufficiently specific, found the conduct proved, and upheld the fourteen day suspension. AFGE Local 1919 argued that the arbitrator used an insufficient proof standard and discounted…
Naval Underwater Systems Center and National Association of Government Employees
Navy research unit clarified
The Navy asked the Authority to clarify the unit status of six operations research analysts at its Naval Underwater Systems Center. The Authority found that Forrest Christiansen exercised supervisory authority through independent judgment and excluded him. It found that the other analysts neither…
Veterans Administration Medical Center, Bath and AFGE Local 491
VA bargaining and retaliation findings upheld
In five consolidated complaints, an Administrative Law Judge found that the VA Medical Center in Bath changed physician meal and shift practices without bargaining and took several actions against a chaplain because of his union activity. The judge dismissed other allegations. The Authority adopted…
Local Union 1889, UMWA v. Westmoreland Coal Company
One-week compensation claim kept open
Local Union 1889 sought a week of compensation for miners idled after an explosion at Westmoreland Coal Company's Ferrell No. 17 mine. The judge dismissed that claim without prejudice because the imminent danger withdrawal order did not allege a violation of a mandatory standard. The Commission…
Richard D. Clemens v. Anaconda Minerals Company, Division of Atlantic Richfield Company
Richard D. Clemens v. Anaconda Minerals Company (FMSHRC WEST 81-298-DM): Pay reduction after medical transfer upheld
Richard Clemens moved from underground work at Anaconda Minerals Company's copper mine to a toplander job after a physician diagnosed a respiratory condition. He alleged that Anaconda's later reduction of his pay was unlawful discrimination under the Mine Act. Judge Virgil E. Vail found that the…
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.