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.

60,101 decisions and counting · Latest decision October 28, 2026
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COMM

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…

September 15, 1983 ·FLRA
Other
COMM

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…

September 15, 1983 ·FLRA
Set aside
ALJ

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…

September 14, 1983 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

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Citation contest withdrawn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…

September 13, 1983 ·Joseph B. Kennedy ·FMSHRC
Procedural
ALJ

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…

September 13, 1983 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

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…

September 12, 1983 ·James A. Broderick ·FMSHRC
Modified
ALJ

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…

September 12, 1983 ·Richard C. Steffey ·FMSHRC
Settled
COMM

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…

September 8, 1983 ·BIA
Vacated
ALJ

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…

September 6, 1983 ·Charles C. Moore, Jr. ·FMSHRC
Other
ALJ

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…

September 2, 1983 ·Virgil E. Vail ·FMSHRC
Procedural
COMM

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…

August 31, 1983 ·FLRA
Procedural
COMM

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…

August 31, 1983 ·FLRA
Procedural
COMM

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.

August 31, 1983 ·FLRA
Procedural
COMM

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…

August 31, 1983 ·FLRA
Procedural
ALJ

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…

August 31, 1983 ·Paul Merlin ·FMSHRC
Procedural
ALJ

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…

August 31, 1983 ·Paul Merlin ·FMSHRC
Procedural
COMM

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…

August 31, 1983 ·OSHRC
Citations vacated
COMM

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…

August 31, 1983 ·FLRA
Upheld
COMM

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…

August 31, 1983 ·FLRA
Set aside
ALJ

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…

August 30, 1983 ·Joseph B. Kennedy ·FMSHRC
Other
ALJ

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…

August 30, 1983 ·Richard C. Steffey ·FMSHRC
Mixed result
ALJ

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…

August 30, 1983 ·Gary Melick ·FMSHRC
Other
COMM

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…

August 30, 1983 ·FLRA
Upheld
COMM

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…

August 30, 1983 ·FLRA
Modified
COMM

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…

August 30, 1983 ·FLRA
Upheld
COMM

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…

August 30, 1983 ·FLRA
Upheld
ALJ

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…

August 29, 1983 ·Paul Merlin ·FMSHRC
Procedural
COMM

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…

August 25, 1983 ·FLRA
Procedural
COMM

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…

August 25, 1983 ·FLRA
Upheld
COMM

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…

August 25, 1983 ·FLRA
Mixed result
COMM

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…

August 25, 1983 ·FLRA
Upheld
COMM

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…

August 25, 1983 ·FLRA
Upheld
COMM

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…

August 25, 1983 ·FLRA
Upheld
ALJ

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…

August 23, 1983 ·Charles C. Moore, Jr. ·FMSHRC
Citations affirmed
ALJ

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…

August 22, 1983 ·Paul Merlin ·FMSHRC
Procedural
COMM

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…

August 22, 1983 ·FLRA
Procedural
COMM

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…

August 22, 1983 ·FLRA
Procedural
COMM

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…

August 22, 1983 ·FLRA
Procedural
COMM

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…

August 22, 1983 ·FLRA
Procedural
COMM

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…

August 22, 1983 ·FLRA
Procedural
COMM

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.

August 22, 1983 ·FLRA
Procedural
COMM

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…

August 22, 1983 ·FLRA
Upheld
COMM

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…

August 22, 1983 ·FLRA
Upheld
COMM

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…

August 22, 1983 ·OSHRC
Mixed result
COMM

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…

August 22, 1983 ·FLRA
Other
COMM

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…

August 22, 1983 ·FLRA
Other
ALJ

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…

August 19, 1983 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

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…

August 18, 1983 ·Charles C. Moore, Jr. ·FMSHRC
Modified
ALJ

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…

August 17, 1983 ·Charles C. Moore, Jr. ·FMSHRC
Modified
ALJ

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…

August 16, 1983 ·Virgil E. Vail ·FMSHRC
Citations affirmed
COMM

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…

August 16, 1983 ·FLRA
Upheld
COMM

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…

August 16, 1983 ·FLRA
Mixed result
COMM

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…

August 16, 1983 ·FLRA
Upheld
COMM

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…

August 16, 1983 ·FLRA
Upheld
COMM

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…

August 16, 1983 ·FLRA
Upheld
COMM

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…

August 16, 1983 ·FLRA
Upheld
COMM

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…

August 16, 1983 ·FLRA
Other
COMM

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…

August 16, 1983 ·FLRA
Upheld
COMM

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…

August 12, 1983 ·FMSHRC
Remanded
ALJ

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…

August 12, 1983 ·Virgil E. Vail ·FMSHRC
Other

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.