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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ALJ

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…

June 15, 1983 ·Paul Merlin ·FMSHRC
Procedural
COMM

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Marine-construction item withdrawn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…

June 15, 1983 ·OSHRC
Settled
COMM

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…

June 13, 1983 ·FMSHRC
Procedural
COMM

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…

June 13, 1983 ·FLRA
Upheld
COMM

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…

June 13, 1983 ·FLRA
Upheld
COMM

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…

June 13, 1983 ·FLRA
Upheld
COMM

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…

June 13, 1983 ·FLRA
Upheld
COMM

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…

June 13, 1983 ·FLRA
Upheld
COMM

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…

June 13, 1983 ·FMSHRC
Citations affirmed
COMM

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…

June 13, 1983 ·OSHRC
Citations vacated
COMM

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…

June 13, 1983 ·FLRA
Other
COMM

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…

June 13, 1983 ·FLRA
Set aside
ALJ

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…

June 10, 1983 ·Charles C. Moore Jr. ·FMSHRC
Citations vacated
ALJ

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…

June 9, 1983 ·George A. Koutras ·FMSHRC
Citations vacated
ALJ

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…

June 9, 1983 ·Charles C. Moore Jr. ·FMSHRC
Modified
ALJ

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…

June 9, 1983 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

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…

June 8, 1983 ·John A. Carlson ·FMSHRC
Other
COMM

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…

June 8, 1983 ·FMSHRC
Citations affirmed
COMM

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…

June 7, 1983 ·FLRA
Procedural
COMM

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…

June 7, 1983 ·FLRA
Procedural
COMM

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…

June 7, 1983 ·FLRA
Upheld
COMM

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…

June 7, 1983 ·FLRA
Upheld
COMM

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…

June 7, 1983 ·FLRA
Modified
COMM

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…

June 7, 1983 ·FLRA
Other
COMM

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…

June 7, 1983 ·FLRA
Upheld
COMM

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…

June 7, 1983 ·FLRA
Other
COMM

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…

June 7, 1983 ·FLRA
Other
COMM

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…

June 7, 1983 ·FLRA
Other
ALJ

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…

June 3, 1983 ·Charles C. Moore Jr. ·FMSHRC
Mixed result
ALJ

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…

June 3, 1983 ·James A. Broderick ·FMSHRC
Mixed result
COMM

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…

June 2, 1983 ·FLRA
Mixed result
COMM

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…

June 2, 1983 ·FLRA
Procedural
COMM

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…

June 2, 1983 ·FMSHRC
Remanded
COMM

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…

June 2, 1983 ·FLRA
Upheld
COMM

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…

June 2, 1983 ·OSHRC
Remanded
COMM

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…

June 2, 1983 ·OSHRC
Remanded
COMM

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…

June 2, 1983 ·FLRA
Other
COMM

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…

June 2, 1983 ·FLRA
Other
COMM

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…

June 2, 1983 ·FLRA
Other
COMM

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…

June 2, 1983 ·FLRA
Modified
COMM

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…

June 2, 1983 ·FLRA
Upheld
ALJ

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…

June 1, 1983 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

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…

May 31, 1983 ·OSHRC
Settled
ALJ

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…

May 26, 1983 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

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…

May 26, 1983 ·William Fauver ·FMSHRC
Mixed result
COMM

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…

May 26, 1983 ·FLRA
Procedural
COMM

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…

May 26, 1983 ·FMSHRC
Mixed result
COMM

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…

May 25, 1983 ·FMSHRC
Citations affirmed
ALJ

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…

May 25, 1983 ·Gary Melick ·FMSHRC
Modified
COMM

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…

May 24, 1983 ·BIA
Remanded
ALJ

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…

May 23, 1983 ·Virgil E. Vail ·FMSHRC
Modified
COMM

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…

May 19, 1983 ·FLRA
Procedural
COMM

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…

May 19, 1983 ·FLRA
Procedural
COMM

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…

May 19, 1983 ·FLRA
Procedural
COMM

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…

May 19, 1983 ·FLRA
Procedural
COMM

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…

May 19, 1983 ·FLRA
Upheld
ALJ

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…

May 17, 1983 ·James A. Broderick ·FMSHRC
Modified
ALJ

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…

May 17, 1983 ·Joseph B. Kennedy ·FMSHRC
Citations vacated
ALJ

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…

May 17, 1983 ·John J. Morris ·FMSHRC
Citations affirmed
COMM

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…

May 17, 1983 ·OSHRC
Settled

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.