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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Westmoreland Coal Company v. Secretary of Labor (MSHA)
Westmoreland Coal Company v. MSHA (FMSHRC WEVA 83-140-R): Order contest dismissed as late
Westmoreland Coal challenged Order No. 2140708 concerning its Hampton No. 3 Mine. The company received the order on February 18, 1983, but mailed its contest on March 31, 41 days later. Mine Act § 105(d) required a contest within 30 days of receiving the order. Chief Judge Paul Merlin granted the…
Hardaway Constructors, Inc.
Marine-construction item withdrawn
Citation item 5 originally alleged a nonserious violation of section 1918.13(a) and was later amended to section 1926.605(a)(1), with no penalty proposed. The judge vacated the item, and the Secretary obtained discretionary review. In the settlement, the Secretary withdrew both the review petition…
Secretary of Labor on behalf of Clarence Ball v. B&B Mining Company, Inc., et al.
Review vacated after dispute resolved
The Secretary sought Commission review in a miner discrimination case involving B&B Mining and other respondents. The review concerned how to assess penalties in discrimination cases and what interest rate to apply to backpay. The Secretary later reported that a penalty had been assessed and paid…
General Services Administration and American Federation of Government Employees, Local 1733
Federal Protective Officer reprimand upheld
A Federal Protective Officer was reprimanded for refusing a supervisor’s instruction to issue a parking ticket. An arbitrator found just cause for the reprimand. The union argued that the arbitrator overlooked parts of the employee’s grievance and the consequences of obeying the instruction. The…
American Federation of Government Employees, Local 2094 and Veterans Administration Medical Center, New York City
New York VA suspension award upheld
A VA medical center suspended an employee for ten days after an arbitrator found he had slept on duty. The union challenged how the arbitrator weighed the employee’s and supervisor’s testimony. The Authority found no legal defect in the award and treated the challenge as disagreement with…
U.S. Army Engineer District, Los Angeles and National Federation of Federal Employees, Local 777
Late grievance arbitration award upheld
An arbitrator found that the union missed the grievance filing limits in its labor agreement and that the employer had not waived them. He dismissed the grievance as not arbitrable. The union said those findings conflicted with its evidence. The Authority treated that argument as disagreement with…
Federal Employees Metal Trades Council and Department of the Navy, Portsmouth Naval Shipyard
Portsmouth safety suspension award upheld
A shipyard employee was suspended for ten days for entering a restricted area in violation of safety rules. An arbitrator upheld the discipline after considering the union’s arguments about representation and the evidence supporting the charge. The arbitrator had reduced the suspension from ten…
Internal Revenue Service, Philadelphia Region and National Treasury Employees Union
IRS reprimand removal award upheld
An IRS employee separately challenged a written reprimand and an eight hour absence without leave charge. An arbitrator rejected the absence grievance but found insufficient support for the reprimand and ordered its removal. The agency argued the two results were inconsistent and that the…
Secretary of Labor (MSHA) v. Monterey Coal Company
Impoundment citation restored
MSHA withdrew approval of Monterey Coal's plan for its No. 3 slurry impoundment and cited the company for operating without an approved plan. An ALJ vacated the citation, but the Commission majority reversed. It found that MSHA had valid safety reasons to require data for a more conservative design…
I.T.O. Corporation of Ameriport
Longshore hardhat citation vacated
OSHA alleged that six longshoremen, including their foreman, worked in a vessel hold without hardhats. If the foreman's testimony was credited, he had just arrived, lacked knowledge of the two uncovered employees, and immediately corrected them. If OSHA's version was credited, I.T.O. still rebutted…
Department of Health and Human Services, Region IX, National Treasury Employees Union, and American Federation of Government Employees, Local 3159
): Transferred HHS representation election directed
NTEU sought an election for a San Francisco HHS regional unit already represented by AFGE. AFGE argued that extensions of its existing contract barred the petition. Applying Executive Order 11491 to this pre statute filing, the Authority held that the repeated temporary extensions did not create a…
Department of the Air Force, Griffiss Air Force Base and American Federation of Government Employees, Local 2612
Griffiss dues withholding violation reversed
The Air Force used current union dues allotments to repay employees who had previously been charged dues after leaving the bargaining unit or never belonging to it. An administrative law judge found part of that conduct an unfair labor practice and dismissed other allegations. The Authority held…
Secretary of Labor (MSHA) v. C & O Materials Corporation
Crusher lockout citation vacated
An MSHA inspector cited C & O Materials after seeing two workers remove rocks from a crusher feeder while the crusher switch was off but unlocked. The judge found that the feeder and crusher formed one unit of electrical equipment and would otherwise have found a violation of the lockout standard…
Secretary of Labor (MSHA) v. Tammsco, Inc. and Harold Schmarje
Silica dust citation vacated
MSHA cited silica processor Tammsco after finding that the dust shroud on a bagging machine was disconnected, and it sought an individual penalty against plant manager Harold Schmarje. The judge found that the machine had been used without its shroud and that Schmarje knew or had reason to know. He…
Secretary of Labor (MSHA) v. Zeus Corporation and Amistad Fuel Corporation
Two electrical examination citations modified
Zeus Corporation and Amistad Fuel Corporation faced two citations concerning required electrical examinations at an experimental west Texas mine. The examinations had been performed by competent electricians who lacked the certification needed to qualify under the regulation. The parties agreed…
Secretary of Labor (MSHA) v. El Paso Rock Quarries, Inc.
Three quarry citations affirmed
MSHA cited El Paso Rock Quarries for drilling boulders without blocking them against movement, failing to train selected supervisors in first aid or offer training to employees, and drilling without wet methods or other dust controls. After a hearing, the judge found the inspector's evidence on all…
Jeffrey E. Hastings v. Cotter Corporation
Discrimination complaint dismissed
Jeffrey Hastings claimed that Cotter Corporation fired him after he said illness following exposure to blasting smoke made it unsafe for him to work in its uranium mine. The Secretary declined to prosecute, so Hastings brought his own Mine Act discrimination complaint seeking reinstatement and…
Secretary of Labor on behalf of Kenneth E. Bush v. Union Carbide Corporation
Discrimination complaint dismissed
Union Carbide fired miner Kenneth Bush after he repeatedly refused to help unload sulfuric acid at its vanadium preparation plant, saying the new procedure was unsafe. The Commission majority found that the company had corrected the acid leaks and blowbacks Bush identified and had discussed those…
American Federation of Government Employees, AFL-CIO, Local 3760 and Social Security Administration
Social Security negotiability appeal dismissed as late
The union challenged the Social Security Administration's disapproval of provisions in a local agreement. The Authority counted the filing deadline from the agency's March 9, 1983 disapproval, which was served by mail, and found that the petition was due March 29. The union filed on April 19. The…
National Federation of Federal Employees, Local 571 and U.S. Department of Agriculture, Farmers Home Administration, Temple, Texas
Negotiability petition dismissed after agency withdrew objection
The union proposed reduction in force procedures concerning competitive areas, training, and waivers of qualifications for displaced employees. After the Farmers Home Administration alleged the proposals were nonnegotiable, the union petitioned the Authority for review. The agency later withdrew…
National Federation of Federal Employees, Local 943 and Department of the Air Force, Technical Training Center, Keesler Air Force Base, Mississippi
Joint promotion panel proposal held nonnegotiable
The union proposed a joint labor management committee to set ranking factors for promotions in the Air Force technical training school. The Authority found that the committee would choose selection factors and their relative weight in the promotion process. That would directly interfere with…
American Federation of Government Employees, Local 1749 and Department of the Air Force, 47th Flying Training Wing, Laughlin Air Force Base, Texas
Firefighter drill notice proposal held nonnegotiable
A union at Laughlin Air Force Base proposed 30 days' written notice for all firefighter training and drills after 4 p.m. or on weekends and holidays. The Air Force explained that it sometimes needed unannounced readiness drills and training in unpredictable weather. The Authority held that the…
U.S. Army Infantry Center, Fort Benning, Georgia and American Federation of Government Employees, Local 54
Promotion award changed to preserve Army selection rights
An Army arbitrator found that a revised application had given one candidate an unfair advantage in a promotion competition. The arbitrator ordered the Army to vacate the selection and choose from an earlier two person referral list. The Authority held that limiting the new selection to that list…
Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base; International Federation of Professional and Technical Engineers, Local 220; and American Federation of Government Employees, Local 1857
McClellan unit retained and expanded after reorganizations
The Air Force asked whether two reorganizations had made an existing McClellan Air Force Base unit inappropriate and sought to clarify where transferred employees belonged. The Authority found that the unit represented by IFPTE still shared a community of interest and could continue. It added the…
Department of the Navy, Naval Air Rework Facility, Norfolk; National Association of Aeronautical Examiners; and American Federation of Government Employees, Local 2225
Norfolk Navy election objections rejected
AFGE challenged a representation election at the Navy's Norfolk air rework facility, alleging defective notices and a hard to find polling place. The Regional Director rejected the objections, and the Authority agreed: 39 of 54 eligible employees voted, and nearly every nonvoter knew of the…
Merit Systems Protection Board and Merit Systems Protection Board Professional Association
MSPB attorneys' nationwide representation election directed
The MSPB Professional Association sought to represent a nationwide unit of MSPB attorneys, including lawyers in appeals, general counsel, and regional offices. The Board argued that the groups lacked a shared interest and that general counsel lawyers were management officials. The Authority found…
National Aeronautics and Space Administration, Headquarters, Administration Division and NASA Headquarters Professional Association, Local 9
NASA headquarters unit amended and clarified
NASA sought to update the description of its headquarters scientists and engineers unit and clarify which employees belonged in it. The Authority amended the unit description to reflect the move from Germantown to Washington, the Senior Executive Service, and the union's changed name. It excluded…
Department of Health and Human Services, Philadelphia Regional Office, Region III; National Treasury Employees Union; and American Federation of Government Employees, Local 3376
Philadelphia HHS representation election directed
NTEU petitioned for an election among HHS regional employees represented by AFGE. AFGE argued that a 1980 document negotiated with HHS was a contract barring the election. The Authority found that the document still needed the approvals required by the parties' ground rules. It also lacked an…
Secretary of Labor (MSHA) v. Co-op Mining Company
Two withdrawal orders vacated, dust citation upheld
MSHA issued two withdrawal orders and a coal dust citation at Co-op Mining's mine. The judge vacated the escapeway order after finding that barred down debris had not blocked the intake route and that MSHA had not proved the other route unsafe. He also vacated the roof control order because MSHA…
Secretary of Labor (MSHA) v. Carpentertown Coal & Coke Co.
One ventilation citation upheld, one vacated
MSHA cited Carpentertown Coal & Coke for two alleged violations of its approved ventilation plan at the Mahoning Creek No. 2 Mine. The Secretary withdrew one citation after finding it had been issued in error, and the judge vacated it. The other citation concerned a required air monitoring point…
American Federation of Government Employees, Local 3511 and Veterans Administration Hospital, San Antonio, Texas
VA operator proposals split between bargaining and dismissal
A union at the San Antonio VA hospital challenged operating instructions for graphic control operators who monitored building systems. The Authority ruled on 60 proposed changes. It dismissed most because they would alter assigned duties or interfere with management's right to assign work, and…
Veterans Administration Hospital, 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 involving the Asheville Veterans Administration hospital. The award was dated April 7, 1983, making the filing deadline May 6 under the 30 day rule. The union's exceptions reached the Authority on May 9. Because the deadline could not be extended…
Glen Munsey v. Smitty Baker Coal Company, Inc., P&P Coal Company, and Ralph Baker
Glen Munsey v. Smitty Baker Coal Company, Inc., et al. (FMSHRC NORT 71-96): Attorney fee issue returned to an ALJ
The D.C. Circuit affirmed the earlier decisions in Glen Munsey's case except for their refusal to award costs and attorney fees for a period when Munsey's counsel worked for the United Mine Workers of America. The court returned that issue for a determination of the amount due under the standard it…
Department of Health and Human Services, Social Security Administration, Bureau of Field Operations, San Francisco and AFGE Council of Social Security District Office Locals
SSA staff meeting and work transfer complaints dismissed
The union alleged that Social Security changed staff meeting attendance rules and moved overpayment cases between San Francisco offices without required notice and bargaining. The administrative law judge credited evidence that management had notified and reached agreement with the union about…
Federal Clearing Die Casting Company
Four citations remanded for merits hearing
The Seventh Circuit remanded Federal Clearing Die Casting's case to the Review Commission. Acting under that appellate order, the Commission returned the proceeding to an administrative law judge for a hearing on the merits of all four citations. The brief public release does not identify the cited…
Emerson Electric Company, Emerson Electric Motor Division
Amended crane item remanded for defenses
In an earlier decision, the Commission amended serious citation item 1 to allege a crane violation under section 1910.179(n)(3)(vi), conditionally affirmed it, and assessed $300 while allowing Emerson to seek reopening. Emerson requested a hearing. The Commission treated that filing as a motion to…
2750th Air Base Wing, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees, Council No. 214
One Air Force specialist excluded as supervisor
The Air Force sought to exclude nine Wright-Patterson employees from an AFGE unit as supervisors. The Authority found that James Glidewell assigned and directed work and effectively recommended hiring using independent judgment, so it excluded him. The other employees' occasional direction of work…
U.S. Environmental Protection Agency, Research Triangle Park, North Carolina and American Federation of Government Employees
Four EPA specialists retained in bargaining unit
AFGE sought clarification of whether four engineers and scientists at EPA's Research Triangle Park facility belonged in its bargaining unit. EPA argued that they were management officials. The Authority found that they were highly trained professionals who implemented agency policy, rather than…
U.S. Department of Transportation, Office of the Secretary and American Federation of Government Employees, Local 3313
Two transportation specialists retained in union unit
AFGE asked whether an economist and a regulations specialist at the Transportation Department should remain in its professional bargaining unit. The department claimed they were management officials. The Authority found that they supplied expert analysis and recommendations under supervision but…
Department of the Navy, Headquarters, Naval Material Command and National Federation of Federal Employees
Navy union activity restriction found unlawful
During a union organizing effort, the Navy told two Naval Material Command employees to stop acting for or helping a labor organization because they had been classified as management officials for merit pay. The administrative law judge found that they remained employees protected by the labor…
Benet Weapons Laboratory, Watervliet Arsenal; National Federation of Federal Employees, Local 2927; and National Association of Government Employees
Late union intervention denial upheld
NAGE sought to intervene in an NFFE representation petition at Watervliet Arsenal. The Regional Director denied intervention as late and unsupported by the required showing of interest. The Authority found no evidence for NAGE's claims that notice was deficient or the petition had been concealed…
Secretary of Labor (MSHA) v. Valley Camp of Utah, Inc.
$2,500 roof control settlement approved
MSHA charged Valley Camp of Utah over a continuous miner operating 30 feet beyond the last row of permanent roof supports, contrary to the mine's approved roof control plan. The judge rejected an initial $1,000 settlement as too small to deter further violations. The parties then proposed a $2,500…
Schiavone Construction Co., Inc.
Citation withdrawn for lack of evidence
While the case was pending before the Commission on review of the judge's decision, the Secretary agreed to withdraw citation 1 because the evidence was insufficient to sustain the allegation. Schiavone agreed to bear its own costs and attorney's fees and confirmed service of the agreement on…
Secretary of Labor (MSHA) v. Plateau Resources Limited
$500 explosives settlement approved
Plateau Resources challenged an explosives violation citation at its Lucky Strike Mine. During the hearing, the judge sought two additional eyewitnesses after finding the operator's account needed further support, but the witnesses were no longer employed there and lived far from the hearing. The…
Albert J. DiCaro v. United States Fuel Company
Discharge found unlawful, relief left pending
Miner Albert DiCaro alleged that United States Fuel Company disciplined and discharged him because he complained about safety at its King Four Mine. The judge found that three earlier warnings or suspensions had not been proved discriminatory. He found that DiCaro's later refusal to work in an area…
American Federation of Government Employees, Local 2082 and Department of the Army, Facility Engineers, Fort Hunter Liggett
Fort Hunter Liggett arbitration exceptions dismissed as late
The union sought review of an arbitration award involving Army facility engineers at Fort Hunter Liggett. The award was dated March 21, 1983, making April 19 the last day for the Authority to receive exceptions under the 30 day filing rule. The exceptions arrived on April 20. The Authority…
Secretary of Labor (MSHA) v. Shamrock Coal Company
Roof support ruling upheld, test hole ruling reversed
A roof fall at Shamrock Coal's No. 18 Mine killed a shift foreman, and MSHA alleged two failures to follow the mine's roof control plan. The Commission agreed that the plan required extra posts or cribs when metal straps were used around hillseams and that Shamrock had not installed them. It…
Secretary of Labor (MSHA) v. Great Western Electric Company
Fall protection violation affirmed
An MSHA inspector saw a Great Western Electric worker installing a light fixture from a ladder at a mine without a safety belt or line. The parties stipulated that the worker was 12 feet above the floor, leaned outside the ladder rails, and used both hands on the fixture. The Commission held that a…
Secretary of Labor (MSHA) v. Todilto Exploration & Development Corporation
Loose ground violation upheld with $350 penalty
MSHA cited Todilto Exploration & Development for loose rock on the roof and ribs of a tunnel at its St. Cloud Mine. Todilto admitted a violation of 30 C.F.R. § 57.3-22 but argued that the condition was minor. The judge found that workers were near several pieces of loose rock and that a fall could…
Matter of Di Santillo
Summary crewman removal counted as deportation
The respondent was an Italian citizen who had been admitted to the United States as a lawful permanent resident after previously serving as a crewman on an Italian vessel. In 1962, the Service revoked his D-1 conditional landing permit and removed him under the summary crewman procedure in section…
Secretary of Labor (MSHA) v. Rio Algom Corporation
Ground control violation upheld with $800 penalty
MSHA sought a penalty against Rio Algom for inadequate ground support along travelways at its Lisbon Mine after a roof fall. Rio Algom argued that an earlier hearing on an imminent danger withdrawal order had already resolved the matter, but the judge found that the earlier case had not decided…
American Federation of Government Employees, Local 1662 and Department of the Army, Fort Huachuca, Arizona
Fort Huachuca negotiability petition dismissed as late
The Army disapproved provisions in a Fort Huachuca local agreement during agency head review. The union petitioned the Authority for a negotiability ruling. Because disapproval was served by mail on March 30, 1983, the petition was due April 19. The union first sent it to a regional office on April…
American Federation of Government Employees, Local 1858 and Department of the Army, U.S. Army Missile Command, Redstone Arsenal, Alabama
Redstone negotiability petition dismissed after withdrawal
The union proposed that the Army's performance appraisal system be the only factor used for certain monetary performance awards. The Army alleged that the proposal was nonnegotiable, and the union petitioned the Authority. The Army later withdrew the allegation. With no negotiability dispute left…
U.S. Department of the Interior, Bureau of Reclamation, Grand Coulee Project Office and Columbia Basin Trades Council
Grand Coulee appeal dismissed for filing deficiencies
The Columbia Basin Trades Council filed a negotiability appeal involving the Grand Coulee Project Office. The Authority identified several missing items required by its filing rules and told the union how and when to complete the petition. The union submitted nothing by the deadline. The Authority…
National Federation of Federal Employees, Local 1445 and Alabama Air National Guard
Alabama Guard negotiability petition dismissed as late
The Alabama Air National Guard disapproved provisions of a local agreement and mailed its decision to the union on December 16, 1982. The union argued that its appeal period began when it received the letter on January 4. The Authority held that service occurred when the letter was mailed, making…
Laborers' International Union, Local 1276 and Department of Defense, Defense Logistics Agency
Preservation servicer training proposal nonnegotiable
The union proposed that a new entry level preservation servicer receive all training while working with a higher grade servicer. The Authority found that assigning the training function only to WG-7 employees would interfere with management's right to assign work. It also rejected the union's…
Secretary of Labor (MSHA) v. United States Steel Mining Co., Inc.
Two violations upheld with $75 penalties
MSHA cited United States Steel Mining for a metal stopping that violated the Dilworth Mine's approved ventilation plan and for accumulations of coal and float coal dust near an idle conveyor. The Secretary removed significant and substantial designations and proposed settling each violation for…
Secretary of Labor (MSHA) v. Missouri Gravel Company
Five machinery guarding citations vacated
MSHA alleged five violations of the moving machinery guarding standard at Missouri Gravel's Barry No. 8 sand and gravel plant. After a Commission remand, the judge heard evidence on whether miners could reasonably be expected to contact the cited pulley and other pinch points during their normal…
Secretary of Labor (MSHA) v. Ozark Lead Company
Ground testing citation affirmed
MSHA cited Ozark Lead after an inspector found loose rock above an active heading at its lead and zinc mine. The judge accepted that the loader operator had visually checked the area and that the record did not prove anyone worked while the loose rock was present. He held that 30 C.F.R. § 57.3-22…
Phelps Dodge Corporation
Settlement approved
The Commission approved the parties' stipulation and settlement agreement in the Phelps Dodge proceeding. The short public release does not reproduce the agreement or identify the cited standard, workplace condition, violation classification, proposed or agreed penalty, abatement terms, or 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.