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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Secretary of Labor (MSHA) v. Eastover Mining Company
Withdrawal denied pending support for three penalties
The Secretary sought to withdraw a penalty case against Eastover Mining after the company agreed to pay three proposed penalties. One citation concerned a lockout and tag requirement, another alleged a roof control violation, and the third alleged a violation of 30 C.F.R. § 75.1725. Chief Judge…
Secretary of Labor (MSHA) v. Ansco, Incorporated
Settlement held for support on two penalties
The Secretary sought to settle three alleged violations at Ansco's Frenchtown Strip Mine for one $98 penalty and two $20 penalties. Chief Judge Paul Merlin found the explanation for the $98 item sufficient but lacked reasons supporting the two $20 amounts. Those citations concerned electrical…
Secretary of Labor (MSHA) v. Crescent Hills Coal Company, Inc.
Twelve-violation settlement motion denied
The Secretary sought approval of settlements for twelve alleged violations at Crescent Hills Coal's mine. Nine proposed penalties ranged from $74 to $158, while three were $20 each. Chief Judge Paul Merlin found the record lacked the facts needed to apply the Mine Act's penalty criteria, including…
Matter of Greenwood
Eligible-orphan bar applied without completed adoption
A naturalized United States citizen who had entered the country as an eligible orphan sought immediate-relative status for the woman identified as her natural mother. The intended adoption in the United States was never legally completed, but the citizen had been admitted under the eligible-orphan…
Secretary of Labor (MSHA) v. R & S Coal Company, Inc.
One proposed penalty accepted, another held for evidence
The Secretary proposed settling two citations against R & S Coal for $20 each, down from original assessments totaling $56. Chief Judge Paul Merlin accepted the proposed $20 amount for a drinking water citation because he found the violation nonserious and negligence low. He found the same amount…
Secretary of Labor (MSHA) v. Energy Coal Corporation
Two proposed $20 settlements denied
The Secretary proposed reducing penalties for two citations at Energy Coal's No. 14 Mine from $148 total to $20 each. The citations involved combustible material accumulations and an unguarded drive chain and sprockets on a wall drill. Chief Judge Paul Merlin found the record suggested serious…
Secretary of Labor (MSHA) v. D. L. & P. Coal Co., Inc.
Withdrawal denied despite payment on eleven citations
The Secretary sought to withdraw a case involving eleven citations at D. L. & P. Coal's No. 1 Mine after the operator paid $20 per citation. The alleged conditions included ventilation, dust, splice, guarding, fire outlet, electrical permissibility, and battery charging issues. Chief Judge Paul…
Secretary of Labor (MSHA) v. Power Operating Company, Inc.
Proposed $20 settlement denied
MSHA cited Power Operating for a vertical ladder to a feeder platform that lacked a suitable background. The Secretary proposed settling the violation for $20 under MSHA's single penalty assessment rule. Chief Judge Paul Merlin denied approval because the citation's checked boxes for unlikely…
Secretary of Labor (MSHA) v. Mercer Lime & Stone Company
One settlement approved, another left open
MSHA cited Mercer Lime & Stone for lacking a berm along an elevated mine roadway and for lacking safe access to dust screws under cyclones. The Secretary proposed settlements of $48 and $20, respectively. Chief Judge Paul Merlin approved the $48 settlement in light of the operator's prompt…
Secretary of Labor (MSHA) v. Abraxis Coal Company, Inc.
Settlement denied over conflicting amounts and missing support
The Secretary sought approval of settlements for five alleged violations at Abraxis Coal's No. 2 Mine. For two shuttle car illumination citations, the motion referred to $130 penalties, while the assessment sheet and the company's payment showed $91 each. Chief Judge Paul Merlin found that…
Secretary of Labor (MSHA) v. San Juan Coal Company
Payment does not end penalty review
San Juan Coal paid a proposed $20 penalty after MSHA cited it for failing to take a valid respirable dust sample during the August to September 1982 sampling period. The Secretary asked to dismiss the case because payment made further action unnecessary. Chief Judge Paul Merlin denied dismissal…
Secretary of Labor (MSHA) v. R & S Coal Company, Inc.
Two small settlements approved, two denied
The Secretary proposed $20 settlements for four citations at R & S Coal's J & B No. 1 Mine. Chief Judge Paul Merlin approved that amount for two recordkeeping violations because they appeared nonserious. He denied the proposed settlements for an inadequate front end loader braking system and a…
Secretary of Labor (MSHA) v. R & S Coal Company, Inc.
Five proposed $20 settlements denied
The Secretary asked to settle five alleged violations at R & S Coal's J & B No. 1 Mine for $20 each. The citations concerned unsecured gas cylinders, a missing fire extinguisher, a loader without an automatic warning device, and a gasoline container that was not a safety can. Chief Judge Paul…
Secretary of Labor (MSHA) v. Ridge Land Company
Proposed $60 settlement denied
The Secretary proposed settling three citations against Ridge Land Company for $20 each. The citations at Ridge Land No. 22 concerned an improperly installed fire sensor system and inadequate lighting on a continuous mining machine and a roof bolting machine. Chief Judge Paul Merlin denied the $60…
Secretary of Labor (MSHA) v. Kaiser Sand & Gravel Co.
Missing inspector statement defeats settlement
MSHA cited dry vegetation near an electrical substation at Kaiser Sand & Gravel's Sisquic Pit and Mill. The operator paid the originally assessed $20 and withdrew its notice of contest, and the Secretary sought approval of that amount. Chief Judge Paul Merlin denied the settlement because the…
Secretary of Labor (MSHA) v. Yakima Cement Products Company, Inc.
Proposed $110 settlement denied
The Secretary sought approval of a settlement for five citations against Yakima Cement Products at East Salah Pit and Plant. The assessed total was $110, although the settlement motion mistakenly said $100. The citations concerned missing guards or covers and an unintended ground fault. Chief Judge…
Secretary of Labor (MSHA) v. C. J. Langenfelder & Son, Inc.
Proposed $240 settlement denied
The Secretary proposed settling 12 citations against C. J. Langenfelder & Son for $240, or $20 per violation. The cited conditions at Buchanan No. 1 Mine included a nonworking automatic warning device, an inadequate fire extinguisher, and nonworking lights. Chief Judge Paul Merlin denied the…
Secretary of Labor (MSHA) v. Viking Mining Corporation
Dust sampling settlement denied
MSHA cited Viking Mining for failing to take a valid respirable dust sample during the October to November 1982 sampling period. The Secretary proposed a $20 settlement under MSHA's single penalty rule. Chief Judge Paul Merlin denied approval because the record gave no information about gravity…
Secretary of Labor (MSHA) v. Humphreys Enterprises, Inc.
Eight proposed settlements denied
The Secretary proposed settling seven citations at Humphreys Enterprises' No. 1 Strip mine for $20 each and an eighth, involving ineffective brakes on a 35-ton truck, for $147. Chief Judge Paul Merlin denied all eight proposed settlements. The motion gave no circumstances or statutory penalty…
Secretary of Labor (MSHA) v. Macasphalt, Inc.
Proposed $60 settlement denied
The Secretary proposed settling three citations against Macasphalt for $20 each. The citations concerned an inoperative reverse alarm, brakes needing repair or adjustment, and missing hand railing at the Newburn Pit. Chief Judge Paul Merlin denied the settlement because the motion did not discuss…
Secretary of Labor (MSHA) v. Mishbucha Enterprises, Ltd.
Two dust sampling settlements denied
MSHA cited Mishbucha Enterprises for two failures to take required valid dust samples at its Skidmore Slope mine. The Secretary proposed a $40 settlement, or $20 for each violation, under MSHA's single penalty rule. Chief Judge Paul Merlin denied approval because the record gave no reasons for the…
Secretary of Labor (MSHA) and United Mine Workers of America v. Jones & Laughlin Steel Corp.
Coal belts need on-shift examination
MSHA cited Jones & Laughlin Steel after miners began working near coal-carrying conveyor belts before a preshift examination. The Commission affirmed the judge's ruling that section 303(d)(1) of the Mine Act and 30 C.F.R. § 75.303 require examination of the coal-carrying belt equipment after a…
Secretary of Labor (MSHA) v. Mich Coal Company
Dust sampling dismissal denied pending evidence
MSHA cited Mich Coal for failing to submit a valid respirable dust sample, or a valid reason for not sampling, for a designated work position during June to July 1982. The Secretary sought dismissal based on MSHA's $20 single penalty regulation. Chief Judge Paul Merlin denied the motion because the…
Secretary of Labor (MSHA) v. Arroyo Mining Company, Inc.
Proposed $20 settlement denied
The Secretary proposed settling one citation against Arroyo Mining for $20. The citation involved a failure to submit required respirable dust samples at Arroyo Mine No. 1. Chief Judge Paul Merlin denied the settlement because the Secretary supplied no information supporting the proposed penalty…
National Treasury Employees Union and Internal Revenue Service, Ogden Service Center
Ogden time accounting appeal dismissed
The union proposed changes concerning how the IRS Ogden collection branch accounted for employee work time. The agency disputed any obligation to bargain, citing its master agreement and the limited effect on working conditions. The Authority found that the real dispute was whether a bargaining…
National Federation of Federal Employees, Local 1141 and Department of the Interior, Albany Research Center, Bureau of Mines
Albany volunteer program appeal dismissed
The union proposed bargaining over the effect of student volunteers at the Albany Research Center. The agency said the arrangement did not change working conditions and therefore created no bargaining duty. The Authority held that the parties first had to resolve that factual duty to bargain…
Veterans Administration Medical Center, Asheville, North Carolina and American Federation of Government Employees, Local 446
Asheville VA arbitration exceptions dismissed as late
The union filed exceptions to an arbitration award dated May 23, 1983. The Authority calculated a June 21 filing deadline, but received the exceptions on June 23. It dismissed them because the 30-day period could not be extended or waived. The order did not review the award’s merits.
American Federation of Government Employees, Local 1617 and San Antonio Air Logistics Center, Kelly Air Force Base
Kelly Air Force Base arbitration exceptions dismissed as late
The union filed exceptions to an arbitration award dated April 13, 1983. The Authority found the deadline was May 12, but the exceptions arrived May 16. It dismissed the filing as untimely without reviewing the award. The statutory filing limit could not be extended or waived.
Department of the Air Force, McClellan Air Force Base and National Association of Government Employees, Local R12-58
McClellan police unit severance denied
The union sought to narrow an existing McClellan Air Force Base bargaining unit to uniformed police officers. The Authority found that the current unit’s employees shared supervision, working conditions, and an integrated mission. It found no operational change that made the longstanding unit…
Shell Oil Company
Contest and review petition withdrawn
Shell Oil asked to withdraw both its notice of contest and its petition for discretionary review. The Commission granted the request, ending the contested proceeding. Because no review brief was then needed, Shell's alternative request for more time to file that brief became moot. The public order…
Immigration and Naturalization Service and American Federation of Government Employees
INS professional employee election directed
AFGE sought an election among Immigration and Naturalization Service professional employees nationwide, excluding immigration judges. INS argued the proposed employees lacked a community of interest separate from other Justice Department attorneys. The Authority found common INS supervision…
Secretary of Labor (MSHA) v. American Borate Company
Ground support citation vacated
A miner died after a slab of rock fell from the roof at American Borate's underground Billie mine. MSHA issued an imminent danger order and alleged a violation of the ground support standard, 30 C.F.R. § 57.3-20. Judge Virgil E. Vail found that the miners had been working under supported roof and…
Jimmy Sizemore and David Rife v. Dollar Branch Coal Company
One complaint settled, another dismissed
Jimmy Sizemore and David Rife alleged that Dollar Branch Coal discharged them for conduct protected by the Mine Act. At the hearing, Rife agreed to withdraw his complaint in exchange for reinstatement at his former pay rate, and the judge dismissed his claim under that settlement. Judge James A…
James Eldridge v. Sunfire Coal Company
Backpay and legal fees awarded
After an earlier ruling in James Eldridge's discrimination case, Judge George A. Koutras determined the compensation owed by Sunfire Coal Company. He awarded Eldridge $17,470.15 in backpay, interest, and mileage and awarded his legal services organization $22,172 in fees and costs, both payable…
Secretary of Labor (MSHA) v. Industrial Generating Company
Crane grounding citations vacated
MSHA alleged that Industrial Generating Company's overhead cranes at the Sandow Strip mine maintenance shop violated the grounding rule in 30 C.F.R. § 77.701. Judge John J. Morris found that the cranes' steel wheels ran on steel rails attached to grounded building supports, providing continuous…
National Federation of Federal Employees, Local 541 and Veterans Administration Hospital, Long Beach, California
Long Beach incentive awards proposal partly negotiable
The union proposed a joint committee to design and run an incentive awards program at the Long Beach VA hospital. The Authority found that the proposal could be bargained as it applied to employees in the union’s unit. It held that the hospital had no duty to bargain over the proposal’s application…
Federal Employees Metal Trades Council and Iron Workers Local 745, Portsmouth Naval Shipyard, and Robert Fall
Portsmouth unions arbitration threat violation affirmed
A shipyard employee alleged unfair labor practices by two unions after statements about whether they would take his grievance to arbitration. The administrative law judge found that statements suggesting union membership would affect access to arbitration unlawfully interfered with employee rights…
Secretary of Labor (MSHA) v. Monterey Coal Company; United Mine Workers of America, intervenor
Secretary of Labor (MSHA) v. Monterey Coal Company (FMSHRC LAKE 82-97 and LAKE 82-82-R): Representative's inspection pay upheld
MSHA cited Monterey Coal for initially refusing to pay a miners' representative who accompanied an inspector during a roof control investigation at No. 1 Mine. Monterey argued that Mine Act § 103(f) required pay only for an inspection, not an investigation. Judge George A. Koutras found that the…
Bradley Abner v. Anamax Mining Company
Discrimination complaint dismissed
Bradley Abner alleged that Anamax Mining discharged him because he had spoken with MSHA during an investigation of a fatal crane accident and had taken part in other safety related events. Judge James A. Broderick found that Abner's cooperation with MSHA was protected activity, but it occurred…
Secretary of Labor (MSHA) v. Mohave Concrete & Materials Company, Inc.
Four citations upheld, penalties reduced
MSHA cited Mohave Concrete & Materials for four conditions at its sand and gravel crusher during plant setup. An employee lacked head and eye protection, worked without a safe platform, and faced an unguarded flywheel. Judge Virgil E. Vail held that the safety rules applied while the crusher was…
Secretary of Labor (MSHA) v. Old Ben Coal Company
Roof support citation upheld
Old Ben Coal conceded that a continuous miner operator worked under unsupported roof at its No. 26 mine, contrary to the approved roof control plan. After Judge Lasher became unavailable, Judge Charles C. Moore, Jr. adopted Lasher's bench decision based on the hearing record. The decision found the…
Secretary of Labor (MSHA) v. Southwestern Illinois Coal Corporation
Safety belt citation initially vacated
An MSHA inspector cited Southwestern Illinois Coal after seeing an engineer work about 18 feet above ground without a safety belt at the Captain Mine. Judge James A. Broderick found that the company had a written belt policy, trained employees, made belts available, and disciplined workers for…
Local Union 6025, United Mine Workers of America v. Bishop Coal Company
Local Union 6025 v. Bishop Coal Company (FMSHRC WEVA 80-429-D): Inspection pay dispute settled
Local Union 6025 of the United Mine Workers of America brought a discrimination complaint against Bishop Coal Company over wages for miners who took part in spot inspections. The union reported a settlement under which Bishop reimbursed it for wages paid to those miners and paid interest on those…
International Federation of Professional and Technical Engineers, Local 4 and Department of the Navy, Portsmouth Naval Shipyard
Portsmouth counseling instruction appeal dismissed as moot
The union sought a negotiability ruling on proposed employee rights procedures for a new shipyard counseling instruction. A Regional Director had already found that the instruction merely standardized a recording form and did not change working conditions. The Authority concluded that finding left…
Matter of Escobar
Saturday deadline preserved a timely appeal
A citizen of El Salvador entered the United States without inspection, conceded deportability, and initially told the Immigration Judge that he did not want to apply for asylum. The Board held that his appeal was timely because the tenth day fell on a Saturday and the agency had not shown that its…
Secretary of Labor (MSHA) v. UNC Mining & Milling
Access citation upheld, timber citation vacated
Two citations followed a fatal head injury to a locomotive operator in a low clearance haulage passage at UNC Mining & Milling's Northeast Churchrock Mine. Judge Virgil E. Vail held that the restricted passage violated the safe access standard, 30 C.F.R. § 57.11-1, and affirmed Citation No. 151666…
Department of the Air Force, Air Training Command, Randolph Air Force Base and National Federation of Federal Employees
Air Training Command unit consolidation denied
The union sought to combine seven Air Training Command bargaining units at several bases into a larger unit. The Authority found that the employees did not share a clear and identifiable community of interest across the different missions and locations. It also rejected an alternative unit for the…
Secretary of Labor (MSHA) v. Republic Steel Corporation
Cable splice citation vacated
MSHA cited Republic Steel for a defective permanent splice in a shuttle car's trailing cable at the Russellton Mine. The rule required such splices to be insulated and sealed against moisture. Chief Judge Paul Merlin credited the shuttle car operator and the company's other witnesses, who said the…
Social and Rehabilitation Service, Department of Health, Education, and Welfare and American Federation of Government Employees, Local 41
Computer analyst promotion compliance award upheld
An arbitrator found that the agency had not complied with an earlier award requiring a corrected selection process for two computer analyst jobs. He ordered a selection from the original qualified candidates and backpay for the two who should have been chosen. The agency argued that successor…
Department of Health and Human Services, Social Security Administration Region IX and American Federation of Government Employees Council 147
SSA dues increase delay partly unlawful
A San Francisco area AFGE local requested a payroll dues increase from $2.65 to $3.50 per pay period. Social Security Administration and HHS payroll staff did not implement it for about six months despite repeated requests. The Authority found that even an unintentional delay violated the statutory…
Veterans Administration Lakeside Medical Center, Chicago and Service Employees International Union, Local 73
Chicago VA dues revocations partly unlawful
Twenty-five VA Lakeside employees submitted dues revocation forms after the contract’s December 1 annual deadline. Payroll staff mistakenly told employees to file in January and processed the forms then. The Authority held that ending dues withholding before the next annual interval violated the…
Kentland-Elkhorn Coal Corp. v. Secretary of Labor (MSHA) and United Mine Workers of America
Kentland-Elkhorn Coal Corp. v. MSHA and UMWA (FMSHRC PIKE 78-399): Order contest withdrawn
Kentland-Elkhorn Coal Corporation had asked for review of Order No. 063798 concerning Feds Creek No. 1 Mine. The company then moved to withdraw its application. After the case was reassigned to Chief Judge Paul Merlin, he dismissed the proceeding. The dismissal does not decide whether the…
Richard C. Johnston v. Olga Coal Company
Transfer pay complaint denied
Richard Johnston claimed Olga Coal unlawfully cut his pay because he had rights as a miner eligible to transfer away from coal dust exposure. Judge Gary Melick allowed his delayed discrimination filing after considering the grievance process and the lack of demonstrated prejudice to Olga. On the…
National Federation of Federal Employees, Local 63 and Department of the Navy, Navy Commissary Store Group, San Diego
San Diego commissary appeal dismissed as late
The union sought review of a Navy nonnegotiability allegation made during agency head review of a local agreement. The Authority calculated that the appeal was due April 11, 1983, but it was filed April 27. It dismissed the petition as untimely. The Authority did not reach the underlying…
American Federation of Government Employees, Council 236 and General Services Administration, National Capital Region
Government vehicle suspension award upheld
A GSA employee received a three day suspension after failing to report damage to a government vehicle assigned to him. An arbitrator found that the employee knew of the damage and denied the grievance. The union challenged the evidence and the arbitrator’s reasoning. The Authority held those…
U.S. Army Missile Command, Redstone Arsenal, Alabama and American Federation of Government Employees, Local 1858
Redstone Arsenal arbitration exceptions dismissed as late
The union filed exceptions to an arbitration award dated March 22, 1982. The Authority calculated an April 20 deadline but received the exceptions on April 27. It dismissed the late filing because the deadline could not be extended or waived. The order did not consider the award’s merits.
Overseas Education Association and Department of Defense Dependents Schools
Teacher pay credit award upheld
Teachers sought higher pay credit after taking junior college courses in auto tune up. An arbitrator held that the courses did not satisfy the contract’s graduate or upper level undergraduate credit requirement for the MA plus 30 category. The union challenged his contract interpretation and relied…
Department of the Army and American Federation of Government Employees
Army paid parking complaint dismissed
A union alleged that the Army introduced paid parking rules without enough time for national level consultation. The administrative law judge recommended dismissal of the unfair labor practice complaint. The Authority agreed with the result but found that the Army’s October 18 notice and invitation…
Naval Air Propulsion Center and American Federation of Government Employees, Local 3673
Naval propulsion center unit exclusions denied
The Naval Air Propulsion Center asked to remove 28 employees from a bargaining unit as supervisors or management officials. The Authority found their occasional work direction routine and their technical policy work advisory rather than policy making. It held they remained eligible for the unit and…
Pittsburg & Midway Coal Mining Corporation v. Secretary of Labor (MSHA)
Pittsburg & Midway Coal Mining Corporation v. MSHA (FMSHRC WEST 82-131-R and WEST 82-170): Withdrawal order vacated
MSHA issued an imminent danger withdrawal order at Pittsburg & Midway's Edna Strip Mine, alleging unsafe ground control and spoil conditions. Judge Charles C. Moore, Jr. found that the area was not a box cut, so the box cut rule did not apply. He also found that the pit had not yet reached 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.