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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COMM

NTEU Chapter 68 and Internal Revenue Service, Andover Service Center

Furlough proposal appeal dismissed over bargaining obligation

NTEU Chapter 68 proposed local bargaining over furlough and recall procedures for intermittent employees during a reorganization. The IRS said those procedures were already in the national agreement. The Authority found that the dispute concerned whether the agency had a local duty to bargain, a…

August 12, 1983 ·FLRA
Procedural
COMM

AFGE Council 236 and General Services Administration, National Archives and Records Service

Local proposal appeal dismissed over national agreement

AFGE Council 236 proposed a term during negotiations over implementation of an arbitration award. National level representatives later determined that the subject was already covered by their agreement and recommended ending local negotiations. The Authority found that the remaining question…

August 12, 1983 ·FLRA
Procedural
COMM

AFGE Local 2578 and GSA National Archives and Records Service

Trust Fund employee bumping proposal negotiable

AFGE Local 2578 proposed giving Trust Fund employees the same reduction in force bumping and retreat rights as competitive service employees. GSA argued that an agency regulation barred bargaining. The Authority found that GSA had not demonstrated a compelling need for that regulation and had…

August 12, 1983 ·FLRA
Set aside
COMM

AFGE Local 1603 and Marine Corps Exchange, Henderson Hall

Reduction in force reversion proposal nonnegotiable

AFGE Local 1603 proposed that employees affected by a reduction in force could revert to positions they had held previously and certain intervening positions. The Authority found the proposal materially identical to one it had already held outside the duty to bargain. It held that mandatory…

August 12, 1983 ·FLRA
Upheld
COMM

New York State Nurses Association and Veterans Administration Medical Center, Manhattan

Nurse work schedule proposal nonnegotiable

The New York State Nurses Association proposed limits on weekend and shift rotation for nurses at a VA medical center. The Authority found that the disputed terms would create absolute periods when certain employees could not be assigned, regardless of patient care staffing needs. It held that the…

August 12, 1983 ·FLRA
Upheld
COMM

AFGE Local 3488 and Federal Deposit Insurance Corporation

Four FDIC proposals negotiable, four rejected

AFGE Local 3488 appealed FDIC objections to eight proposals on financial disclosure, compensatory time, compressed schedules, travel expenses, sick leave, and travel hours. The Authority ordered bargaining on the two compensatory time proposals, a travel expense proposal, and a sick leave proposal…

August 12, 1983 ·FLRA
Mixed result
COMM

Matter of Oduro

Acknowledgment alone did not establish legitimation

A lawful permanent resident from Ghana petitioned for immigration preference classification for three children born in Ghana. He acknowledged paternity and argued that customary marriages to the children's mothers made the children legitimate, but he did not provide the evidence required to…

August 12, 1983 ·BIA
Affirmed
COMM

Secretary of Labor (MSHA) v. Emery Mining Corporation

Annual refresher training required within twelve months

Five Emery Mining employees at an underground mine last received refresher training in June 1980, fifteen months before MSHA issued a withdrawal order. An administrative law judge held that 30 C.F.R. § 48.8(a) required training once each calendar year and dismissed the training case. The Commission…

August 11, 1983 ·FMSHRC
Remanded
COMM

Fort Bragg Unit of North Carolina Association of Educators, National Education Association and Fort Bragg Dependents Schools

Fort Bragg Dependents Schools (FLRA O-NG-457): Bargaining ordered on most compensation proposals

A teachers' union at Fort Bragg Dependents Schools sought to bargain over 21 proposals on pay and benefits. The schools argued that federal education funding law and management's budget right barred bargaining. The Authority rejected those broad objections and ordered bargaining on 17 proposals. It…

August 10, 1983 ·FLRA
Mixed result
COMM

Veterans Administration Medical Center, Bronx, New York and American Federation of Government Employees, Local 1168

Bronx VA arbitration exceptions dismissed as late

The Bronx Veterans Administration Medical Center filed exceptions to an arbitration award dated June 28, 1983. The Authority found the 30-day deadline expired July 27, but the medical center filed on July 28. It dismissed the exceptions as untimely under the statutory and regulatory filing rules…

August 10, 1983 ·FLRA
Procedural
COMM

Department of the Army, Fort Drum, New York and National Association of Government Employees, Local R2-61

Fort Drum arbitration exceptions dismissed as late

The Army at Fort Drum filed exceptions to an arbitration award dated June 8, 1983. The Authority calculated that the 30-day filing period ended July 7, but the Army filed on July 11. It dismissed the exceptions because the filing deadline could not be extended or waived. The order did not decide…

August 10, 1983 ·FLRA
Procedural
COMM

Federal Election Commission and National Treasury Employees Union, Chapter 204

Promotion grievance award upheld

An arbitrator denied a grievance alleging that the Federal Election Commission should have promoted an employee on her career ladder anniversary. The union argued that the arbitrator changed the agreed question and misread the collective bargaining agreement. The Authority found that the arbitrator…

August 10, 1983 ·FLRA
Upheld
COMM

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

Temporary promotion backpay award upheld

A Social Security Administration secretary performed higher graded duties in rotating details totaling more than 80 days, but none lasted more than 30 consecutive days. An arbitrator read the agreement to require higher pay after 30 cumulative calendar days and awarded a temporary promotion and…

August 10, 1983 ·FLRA
Upheld
COMM

Department of the Air Force, Williams Air Force Base, Arizona and American Federation of Government Employees, Local 1776

Position description arbitration award upheld

A union challenged the official position description for engineering planning technicians at Williams Air Force Base and proposed a replacement. The arbitrator found the official description adequate under governing law and regulation. The union argued the award conflicted with law, regulation, and…

August 10, 1983 ·FLRA
Upheld
COMM

Secretary of Labor (MSHA) v. Monterey Coal Company

Reconsideration petition denied

A party sought reconsideration of the Commission's June 13, 1983 decision in the Monterey Coal matter. The Commission considered the petition and the opposition. It denied reconsideration because the request identified no material factual or legal issue that the Commission had not already…

August 10, 1983 ·FMSHRC
Procedural
COMM

National Aeronautics and Space Administration, Headquarters, Washington, D.C. and Local 9, American Federation of Technical Engineers

NASA Headquarters (FLRA 3-CA-2624): Impasse Panel order enforced

A union representing NASA Headquarters employees charged that NASA refused to follow a Federal Service Impasses Panel order concerning a grievance procedure for its labor agreement. The administrative law judge found that NASA's refusal violated its duty to cooperate with impasse decisions and…

August 10, 1983 ·FLRA
Upheld
ALJ

Secretary of Labor (MSHA) v. Richard Klippstein and W. O. Pickett, Jr.

Mine violations upheld, one respondent dismissed

Richard Klippstein reopened the Big 3 coal mine in Colorado to pursue a water right and evaluate its coal deposits. An MSHA inspector cited five violations, including inadequate ventilation, an electrical hazard, and missing notices and examination records. Judge John A. Carlson found that…

August 9, 1983 ·John A. Carlson ·FMSHRC
Mixed result
COMM

Matter of Mundell

Brief foreign stop counted as an entry

Two Canadian respondents had been admitted to the United States as nonimmigrants, but neither had been admitted as a lawful permanent resident. They traveled by boat from California, briefly stopped in Mexico, and were inspected in Hawaii before continuing to the mainland. The Board held that their…

August 9, 1983 ·BIA
Affirmed
COMM

Secretary of Labor ex rel. Bennett, Cox et al. v. Emery Mining Corporation

Secretary of Labor ex rel. Bennett v. Emery Mining Corporation (FMSHRC WEST 80-489-D(A)): New miners owed pay for required training

Emery Mining required applicants for underground jobs to complete 32 hours of approved safety training before applying. After hiring twelve of them, Emery used that training to satisfy most of its new miner training obligation but did not pay their training costs or wages for the training time. The…

August 8, 1983 ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Nugent Sand Company, Inc.

Settlement motion denied pending penalty support

The Secretary sought approval of a $413 settlement covering six alleged violations at Nugent Sand's mine. Chief Judge Paul Merlin found the proposed amounts appropriate for three citations carrying penalties of $91, $126, and $136. He lacked enough information to assess the three remaining $20…

August 8, 1983 ·Paul Merlin ·FMSHRC
Procedural
COMM

Secretary of Labor (MSHA) v. Inverness Mining Company

Settlement penalty upheld, unsupported criticism struck

MSHA cited Inverness Mining after a miner was injured by falling shale in its underground fluorspar mine. The parties settled the ground control citation for $1,500, and an administrative law judge approved the agreement. Inverness sought review of the judge's statements criticizing its safety…

August 5, 1983 ·FMSHRC
Modified
COMM

American Federation of Government Employees, National Council of Grain Inspection Locals and U.S. Department of Agriculture, Federal Grain Inspection Service

Performance appraisal appeal dismissed after agency withdrawal

The grain inspection union sought a negotiability ruling on a proposal about using performance appraisals in reduction in force service credit. The agency initially said the proposal was nonnegotiable, then withdrew that allegation. With no remaining negotiability dispute, the Authority dismissed…

August 4, 1983 ·FLRA
Procedural
COMM

National Association of Government Employees, Local R1-274 and Veterans Administration Medical Center, Northampton, Massachusetts

Northampton negotiability appeal dismissed for incomplete filing

The union filed a negotiability appeal involving the Northampton Veterans Administration Medical Center. The Authority told the union that its petition lacked information required by several filing rules and gave it time to correct the deficiencies. The union made no submission within that period…

August 4, 1983 ·FLRA
Procedural
COMM

Veterans Administration and American Federation of Government Employees, Local 2978

Probationary employee grievance award upheld

An arbitrator dismissed a grievance over the discharge of a probationary Veterans Administration employee because he found the labor agreement did not cover it. The union argued that the discharge should have been treated as a disciplinary action under the agreement. The Authority held that the…

August 4, 1983 ·FLRA
Upheld
COMM

Veterans Administration Hospital, Muskogee, Oklahoma and American Federation of Government Employees, Local 2250

Muskogee VA grievance award upheld

A union challenged an arbitrator’s decision that a grievance involving the hospital’s merit promotion plan was outside the labor agreement’s arbitration procedure. The union argued that the federal labor statute required arbitration and that the arbitrator chose the wrong agreement clause. The…

August 4, 1983 ·FLRA
Upheld
COMM

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

Default order remanded for further review

Earth Coal Company petitioned the Commission to review a default order entered by the chief administrative law judge. The Commission found the default appropriate on the facts available to the judge at the time. Because Earth Coal's later petition offered statements the judge had not evaluated, the…

August 4, 1983 ·FMSHRC
Remanded
COMM

Department of the Navy, Aviation Supply Office and American Federation of Government Employees, Local 1698

Four Navy bargaining units could not be consolidated

A union asked the Authority to combine four Navy bargaining units located at the same Philadelphia compound. The Authority found that shared location and personnel services did not overcome the units’ different missions, chains of command, work, and employee skills. It held that the proposed unit…

August 4, 1983 ·FLRA
Other
COMM

Department of Health and Human Services, Boston Regional Office, National Treasury Employees Union, and American Federation of Government Employees, Local 2909

Boston representation election directed

The National Treasury Employees Union sought an election among employees represented by AFGE at the Boston regional office. AFGE argued that a newly signed labor agreement barred the petition. The Authority held that the agreement was a premature extension of the earlier contract and did not block…

August 4, 1983 ·FLRA
Other
ALJ

Emery Mining Corporation v. Secretary of Labor (MSHA)

$75 penalty for mine breakthrough violation

A crew at Emery Mining's Little Dove Mine came close to abandoned workings, and a later breakthrough released carbon dioxide into the working section. Judge James A. Broderick had already found a violation in a prior order and retained the penalty and significant and substantial questions. In this…

August 2, 1983 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Consolidation Coal Company

Missed smoking material searches found serious

Consolidation Coal did not search several work crews for smoking materials during two weeks at its Renton Mine, contrary to its approved program. The company admitted the missed searches but argued that the violation was not significant and substantial because the mine worked partial weeks and some…

August 2, 1983 ·Paul Merlin ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. C F & I Steel Corporation

Pending modification petition did not excuse hoist rope inspection

C F & I Steel did not cut and examine a section of its Sunrise Mine hoist rope within the period required by 30 C.F.R. § 57.19-124. It had asked MSHA to modify that requirement because the hoist was used less often after the mine shut down. Judge John A. Carlson held that a pending modification…

July 29, 1983 ·John A. Carlson ·FMSHRC
Citations affirmed
ALJ

Ray Ward v. Volunteer Mining Corporation

Retaliatory reassignment and refusal to rehire found

Ray Ward complained about being assigned to roof bolting without training and later filed a Mine Act discrimination complaint. Volunteer Mining reinstated him after a first settlement but kept him in a roof bolter role instead of his former continuous miner position. Judge William Fauver found that…

July 29, 1983 ·William Fauver ·FMSHRC
Mixed result
COMM

National Treasury Employees Union and Department of the Treasury, Internal Revenue Service, National Office

IRS message board appeal dismissed after withdrawal

The union proposed message display boards in IRS National Office buildings with at least 25 employees during negotiations over a message system. The IRS first alleged the proposal was nonnegotiable, then withdrew that allegation. The Authority found no remaining negotiability issue and dismissed…

July 29, 1983 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 11 and Department of the Air Force, Fairchild Air Force Base

Asbestos pay appeal dismissed after withdrawal

The union proposed delaying the end of environmental differential pay for employees exposed to asbestos at Fairchild Air Force Base. The Air Force alleged the proposal was nonnegotiable, then withdrew the allegation. The Authority dismissed the petition because no negotiability dispute remained. It…

July 29, 1983 ·FLRA
Procedural
COMM

Federal Employees Metal Trades Council and Department of the Navy, Mare Island Naval Shipyard

Mare Island search location proposal rejected

The union proposed that searches of handheld items occur at perimeter entrances to Mare Island Naval Shipyard. The Navy argued it needed discretion to choose search locations as an internal security practice. The Authority agreed that the proposal would prevent searches in other areas of the…

July 29, 1983 ·FLRA
Upheld
COMM

National Association of Government Employees and Veterans Administration Medical Center, Butler, Pennsylvania

Butler VA standby proposal rejected

The union proposed allowing technicians on standby duty to leave home if they left a phone number and could return within 30 minutes. The Authority held that this conflicted with the statutory standby pay framework and was outside the duty to bargain. It did not decide the second proposal about…

July 29, 1983 ·FLRA
Upheld
COMM

Internal Revenue Service, Detroit District and National Treasury Employees Union, Chapter 24

Detroit IRS ranking award upheld

An IRS employee challenged a ranking process that kept him off a best qualified list for a revenue officer vacancy. An arbitrator found the process defective under the labor agreement and ordered contract based corrective relief. The IRS argued the arbitrator exceeded his authority and used a…

July 29, 1983 ·FLRA
Upheld
COMM

Mission Viking, Inc.

Citations vacated as moot after withdrawal

While Mission Viking's case was under judicial review, the Secretary withdrew every citation issued to the company, making the controversy moot. The Fifth Circuit directed the Commission to vacate its prior order. On remand, the Commission set aside its April 30, 1981 order that had affirmed the…

July 29, 1983 ·OSHRC
Citations vacated
COMM

Internal Revenue Service, Detroit District and National Treasury Employees Union, Chapter 24

Detroit IRS complaint dismissed in full

The administrative law judge found one unfair labor practice after the IRS failed to give a worker the contract’s required advance notice before withholding a within grade pay increase. The Authority held that one failure to comply with that contract clause did not amount to repudiation of the…

July 29, 1983 ·FLRA
Set aside
COMM

U.S. Environmental Protection Agency, Research Triangle Park, North Carolina and American Federation of Government Employees

EPA bargaining unit clarified for five positions

EPA sought to exclude five employees at Research Triangle Park from an existing bargaining unit as management officials. The Authority found two employees who set computer facility and security policy were management officials and excluded them. It retained three specialists who served as technical…

July 29, 1983 ·FLRA
Other
COMM

Department of Health and Human Services, Social Security Administration, Field Assessment Office and American Federation of Government Employees

SSA travel report remedy expanded

The union requested factual parts of travel practice reports covering five Social Security Administration satellite offices. The administrative law judge found that the agency unlawfully withheld the available factual material, while rejecting other allegations. The union objected that the…

July 29, 1983 ·FLRA
Modified
COMM

Department of the Treasury, Internal Revenue Service, Atlanta District Office and National Treasury Employees Union

IRS Atlanta meeting notice violations affirmed

IRS managers held two formal meetings with bargaining unit employees in Birmingham concerning personnel policies and working conditions. The union alleged it lacked the required advance notice and chance to attend. The administrative law judge found both meetings violated the union’s representation…

July 29, 1983 ·FLRA
Upheld
COMM

Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council

Norfolk tool inspection complaint dismissed

A union alleged that Norfolk Naval Shipyard changed its tool box inspection practice without notice and refused to bargain over the change. The administrative law judge found that the broad inspection followed an existing instruction and that management had discussed the union’s concerns. He found…

July 29, 1983 ·FLRA
Upheld
COMM

U.S. Army District Recruiting Command, Philadelphia and American Federation of Government Employees, Local 2375

Army civilian recruiter election directed

AFGE sought an election among civilian Army Reserve recruiters in the Philadelphia recruiting command. The Army argued that the recruiters performed personnel work and could not form a bargaining unit. The Authority held that recruiting military enlistees did not create the statutory conflict of…

July 29, 1983 ·FLRA
Other
COMM

Defense Logistics Agency and Defense Contract Administration Service Region, Boston, et al.

Boston standards of conduct remedy expanded

The Defense Logistics Agency revised employee conduct rules, and its Boston contract administration region implemented them without advance notice to the local union. The administrative law judge found an unfair labor practice by the Boston region but dismissed claims against the other named…

July 29, 1983 ·FLRA
Modified
ALJ

Secretary of Labor (MSHA) v. Servtex Materials Company

Three guarding and fence citations upheld

MSHA cited Servtex Materials at its limestone crushing plant for machine guarding and transformer fence conditions. Judge John J. Morris rejected the company's argument that many earlier inspections without citations barred enforcement. He vacated a drill coupling citation because the coupling was…

July 28, 1983 ·John J. Morris ·FMSHRC
Mixed result
ALJ

Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.

Three violations upheld, two citations vacated

MSHA brought five citations against U.S. Steel Mining at its Maple Creek No. 1 Mine for respirable dust, roof control, and electrical equipment conditions. Judge James A. Broderick vacated one citation at the Secretary's request and another because the evidence did not show a roof control plan…

July 27, 1983 ·James A. Broderick ·FMSHRC
Mixed result
COMM

U.S. Department of Labor request for general statement of policy or guidance

Department of Labor policy request (FLRA O-PS-24): General guidance denied

The Department of Labor asked the Authority for general guidance on whether the Federal Service Impasses Panel could act when one party claimed there was no duty to bargain. The Authority concluded that the particular dispute did not meet its criteria for a general policy statement. It said…

July 27, 1983 ·FLRA
Procedural
ALJ

Russell Collins and Virgil Kelley v. Secretary of Labor (MSHA)

$15,600 attorney fee award granted

Russell Collins and Virgil Kelley sought attorney fees after the Secretary's individual penalty case against them was dismissed. Judge Joseph B. Kennedy found that the government's position was not substantially justified because the record did not support a safety defect in the haulage truck's…

July 27, 1983 ·Joseph B. Kennedy ·FMSHRC
Mixed result
ALJ

Secretary of Labor (MSHA) v. Maiden Mining Company

Settlement motion denied pending penalty evidence

The Secretary asked Chief Judge Paul Merlin to approve a $186 settlement for four alleged violations at Maiden Mining's No. 3 Mine. He accepted the explanation for a $126 penalty for an unmarked disconnect plug, but found too little information about three other proposed $20 penalties. Those…

July 26, 1983 ·Paul Merlin ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Thurber Coal Company

Settlement denied for lack of penalty support

The parties sought approval of a settlement for seven alleged violations at Thurber Coal Mine, with six proposed penalties of $68 and one of $20. Chief Judge Paul Merlin found that the motion gave too little information about the alleged conditions, gravity, negligence, company size, and good faith…

July 23, 1983 ·Paul Merlin ·FMSHRC
Procedural
COMM

Matter of Aldecoaotalora

Sham divorce did not establish unmarried status

A lawful permanent resident sought visa preference status for her daughter as an unmarried daughter. The daughter had obtained a divorce after stating that she needed immigration benefits so her children could remain in the United States, but she continued living with her former husband, filing…

July 22, 1983 ·BIA
Affirmed
COMM

Georgia Pacific Corporation

Secretary's dismissal approved

The Commission approved the Secretary's notice dismissing the Georgia Pacific proceeding. The brief public order does not identify the OSHA standard, cited workplace condition, procedural reason for dismissal, proposed penalty, or any terms associated with ending the case. It supplies no…

July 22, 1983 ·OSHRC
Procedural
COMM

American Federation of State, County and Municipal Employees, Locals 2477 and 2910 and Library of Congress

Library detail quota proposal rejected

Library of Congress unions proposed at least two series of management development details with a minimum of eight participants each. The Authority found the requirement would force temporary assignments even when suitable managerial work or positions were unavailable. That conflicted with…

July 21, 1983 ·FLRA
Upheld
COMM

Naval Air Rework Facility, Cherry Point, North Carolina and Local Lodge 2297, International Association of Machinists and Aerospace Workers

Cherry Point arbitration exceptions dismissed as late

The union challenged an arbitration award dated May 19, 1983. The Authority calculated that exceptions were due June 17 but did not receive them until June 20. Because it could not extend or waive the 30-day filing limit, it dismissed the exceptions. The order did not consider the award’s merits.

July 21, 1983 ·FLRA
Procedural
COMM

Bureau of Prisons, Federal Correctional Institution, Ashland, Kentucky and American Federation of Government Employees, Local 1286

Ashland prison arbitration exceptions dismissed as late

The union filed exceptions to an arbitration award dated May 18, 1983. The Authority found the 30-day period ended June 16, but the exceptions arrived June 20. It dismissed them because the filing deadline could not be extended or waived. The order did not reach the merits of the award.

July 21, 1983 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1882 and Veterans Administration Medical Center

VA arbitration exceptions dismissed as late

The union challenged an arbitration award dated May 12, 1983. The Authority calculated a June 10 deadline for exceptions, but the union filed on June 15. It dismissed the exceptions because it could not extend or waive the statutory filing period. The order did not review the underlying award.

July 21, 1983 ·FLRA
Procedural
COMM

Internal Revenue Service, Seattle, San Francisco, Los Angeles, and Washington offices and National Treasury Employees Union

IRS union dues withholding violations affirmed

The IRS stopped withholding union dues for two represented employees after treating their positions as excluded from the unit. An administrative law judge found that the employees remained in the unit and that the agency violated the statutory dues assignment rule. The Authority adopted the Judge’s…

July 21, 1983 ·FLRA
Upheld
ALJ

Secretary of Labor (MSHA) v. Casper Concrete Company

Settlement denied for lack of facts on seven citations

The parties proposed settling seven alleged violations at Casper Concrete's gravel pit for six $20 penalties and one $98 penalty. Their motion gave no factual account of the alleged violations and relied on MSHA's penalty evaluation. Chief Judge Paul Merlin found that insufficient for the…

July 19, 1983 ·Paul Merlin ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Magma Copper Company

Withdrawal denied pending penalty support

The Secretary sought to withdraw a penalty case against Magma Copper after the company paid the original $20 assessment. The citation concerned insulated wires extending from three junction boxes without proper bushings. Chief Judge Paul Merlin found no explanation showing why $20 was appropriate…

July 19, 1983 ·Paul Merlin ·FMSHRC
Procedural

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.