Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Administrator, Wage and Hour Div., USDOL v. O’Bryan Composting, LLC
Moot H-2A interlocutory appeal withdrawn and dismissed
O'Bryan Composting sought interlocutory review after an administrative judge denied its motion to dismiss an H-2A enforcement matter. While the Board considered whether to accept that appeal, the judge issued a new order dismissing the Tennessee-worker allegations for lack of jurisdiction. The…
McMillan v. American Federation of Government Employees, Local Union 2145
Union-dues remedy reconsideration and related motions denied
The Board had reversed an administrative judge's recommended remedy in a union standards-of-conduct case and ordered Local 2145 to reimburse Cassandra McMillan $1.72 for every payday during a specified 2020 to 2022 period. McMillan asked the Board to clarify the ruling and argued that the judge's…
Administrator, Wage and Hour Div., USDOL v. Lucero Pool Plaster, Inc.
H-2B awards modified and debarment increased to three years
Lucero Pool Plaster hired 20 H-2B construction workers in each of the 2016 and 2017 seasons for swimming-pool work based in the Chicago area. The Board upheld findings that the company underpaid wages and hours, sent workers to uncertified locations in four states, failed to pay required travel and…
United States Department of Justice, Federal Bureau of Prisons, Federal Transfer Center, Oklahoma City, Oklahoma and American Federation of Government Employees, Council of Prison Locals 33, Local 171
Federal Transfer Center Oklahoma City and AFGE Local 171 (FLRA 0-AR-5961): Authority upholds bus-overtime award
The Federal Bureau of Prisons did not offer a senior bus-certified officer an overtime assignment for a trip that was instead staffed by less senior officers. An arbitrator found an enforceable past practice of assigning available bus officers by seniority and awarded the employee backpay with…
Secretary of Labor on behalf of Shaun Chapman v. Buchanan Minerals, LLC
Miner temporarily reinstated
Shaun Chapman, a roof bolter at Buchanan Mine, alleged that he raised safety concerns about rib support and dust conditions before Buchanan Minerals suspended and terminated him over alleged misuse of a personal dust monitor. The Secretary sought his temporary reinstatement while the discrimination…
Matter of Felipe Choc-Tut
Bond order vacated
The Department of Homeland Security appealed an Immigration Judge's order releasing the respondent on a $4,000 bond. The respondent had been arrested multiple times for driving and licensing offenses, including two arrests for driving under the influence with blood alcohol concentrations of .201…
Oldach Associates, LLC
In re Oldach Associates, LLC (EAB CAA Appeal No. 25-05C): bulk HFC import reporting settlement approved
Oldach Associates, LLC imported bulk R-410A and R-404A hydrofluorocarbons from China through the port of San Juan, Puerto Rico. The Consent Agreement alleges that Oldach imported the substances without expending required allowances, failed to submit advance notification and quarterly reports, and…
Secretary of Labor on behalf of Jamie M. Koslop v. Atlantic Carbon Group, Inc.
Miner temporarily reinstated after safety complaints
Jamie Koslop, a laborer at Atlantic Carbon's mines, alleged that he was fired after speaking with investigators following a fatal mine accident, reporting machinery and equipment hazards, seeking to become a miners' representative, and refusing a manlift assignment for which he said he lacked task…
Wyderka v. Energy Transfer
Pipeline whistleblower interlocutory appeal declined
Andrew Wyderka brought a Pipeline Safety Improvement Act whistleblower complaint against Energy Transfer. After the administrative judge denied the company's motion to dismiss, she certified the question whether the Seventh Amendment entitled the company to a jury trial. The Board explained that…
Priddle v. United Airlines, Inc.
AIR21 complaint untimely after definitive exam notice
United Airlines pilot Soma Priddle alleged retaliation after reporting two in-flight emergencies and later being ordered to undergo a medical examination with a company-selected psychiatrist. She filed her AIR21 complaint on May 15, 2019. The Board held that United gave her final, definitive, and…
Thomas v. DuPont Specialty Products USA, LLC
Environmental whistleblower complaint affirmed untimely
Tesia Thomas alleged that DuPont Specialty Products and On-Board Services retaliated after she raised concerns about a leaking fume hood, locked it out, and contacted OSHA. Her employment ended on April 11, 2022, but she did not file claims under the Clean Air Act, Federal Water Pollution Control…
National Labor Relations Board Union and National Labor Relations Board
National Labor Relations Board Union and NLRB (FLRA 0-AR-5974): Authority upholds private-office allocation ruling
The National Labor Relations Board Union claimed that professional employees working in the office at least five days per pay period were entitled to private offices through all future space changes. An arbitrator read the agreement as providing private offices under the current configuration and…
Schindler Elevator Corporation
General-industry citations vacated for construction work
Schindler Elevator was replacing and upgrading 49 elevators at a Houston office tower under a project valued at more than $24 million. OSHA cited three serious violations under general-industry personal protective equipment and lockout-tagout standards, with $26,787 in proposed penalties. Schindler…
Bedoukian Research Inc.
In re Bedoukian Research Inc. (EAB TSCA Appeal No. 25-02C and EPCRA Appeal No. 25-01C): chemical reporting and new substance settlement approved
Bedoukian Research Inc. operated a chemical facility in Danbury, Connecticut. EPA alleged that the company submitted incomplete or inaccurate EPCRA chemical release reports for methanol, formic acid, and n-hexane, and manufactured or imported five confidential chemical substances without the…
Matter of Gilton Bain
Cancellation of removal vacated
The Department of Homeland Security appealed an Immigration Judge's discretionary grant of cancellation of removal to a 35-year-old lawful permanent resident from the Bahamas. The respondent had lived in the United States since 1998 and presented family ties, work history, and other favorable…
Phoenix Fire Systems, LLC, d/b/a Basic Fire Protection
In re Phoenix Fire Systems, LLC, d/b/a Basic Fire Protection (EAB CAA Appeal No. 25-04C): HFC-import settlement approved
Phoenix Fire Systems, LLC, doing business as Basic Fire Protection, imported approximately 186.4 kilograms of HFC-23 from Canada on October 4, 2022. EPA alleged that Phoenix Fire and the importer of record did not possess or expend the required allowances or receive a non-objection notice for the…
Planet Fitness
Late contest dismissed after citation was misplaced
OSHA cited a corporate Planet Fitness gym in Edwardsville, Pennsylvania, for blocked exit routes and several electrical hazards, proposing $30,134 for four serious citation items with subparts. The certified citation was delivered to the gym and signed for on February 28, 2023, making March 21 the…
Trinity Solar LLC, as successor to Trinity Solar Inc.
Repeat residential fall-protection citation vacated
A Trinity Solar worker died after falling during residential solar-panel installation in South Orange, New Jersey. No one saw where the worker was or what he was doing immediately before the fall, and he was wearing a harness. OSHA cited Trinity for allegedly failing to provide fall protection…
Matter of D-E-B-
Motion to reopen denied
The respondent, a native and citizen of Jamaica, sought to reopen removal proceedings after the Board had affirmed the denial of his application for cancellation of removal. He argued that new evidence showed ineffective assistance of counsel, established that he was the biological father of a…
Matter of Carlos Manuel BAEZA-GALINDO
Separate criminal schemes
The Board reviewed a lawful permanent resident's two convictions after he drove while intoxicated, struck four pedestrians, left the scene, and was later convicted of aggravated assault and failing to stop and render aid. The Immigration Judge treated the convictions as one scheme because the…
Berg v. Nicholas Services, LLC
AIR21 witness-order interlocutory appeal declined
Former pilot Gregory Berg brought an AIR21 whistleblower case against Nicholas Air and Corr Flight S. The administrative judge denied subpoenas for five employee witnesses but ordered the companies to produce them as people within their control. The companies sought interlocutory review, arguing…
McMillan v. American Federation of Government Employees, Local Union 2145
Union-dues refund narrowed to named complainant
Cassandra McMillan challenged Local 2145's increase of biweekly union dues from $17.78 to $20.00 under federal-sector union standards of conduct. After an earlier remand, the administrative judge ordered reimbursement for all affected members, but the Board held that McMillan was the only…
Professional Security Consultants, Inc.
Mall workplace-violence citation vacated
A customer carried out a mass shooting at the Boise Towne Square Mall, killing two people, including a security guard employed by Professional Security Consultants, and injuring several others. OSHA cited the security company under the General Duty Clause for allegedly failing to protect its guards…
Secretary of Labor v. Bluestone Oil Corporation
Unsupported S&S removals rejected
Bluestone Oil’s proposed settlement covered twenty-four citations and would have reduced total penalties from $51,023 to $30,500. It also would have removed the significant-and-substantial designations from two citations without providing a factual justification. The Administrative Law Judge denied…
DeVoe v. AMSA Contractors, Inc.
STAA appeal dismissed after briefing orders ignored
John DeVoe sought Board review after an administrative judge denied his Surface Transportation Assistance Act complaint against AMSA Contractors. The Board ordered him to file an opening brief by December 24, 2024, but he did not do so. It then issued a show-cause order that required both an…
United States Department of Commerce, National Oceanic and Atmospheric Administration, Southeast Fisheries Science Center and National Association of Independent Labor, Local 20
NOAA Southeast Fisheries Science Center and NAIL Local 20 (FLRA 0-AR-5708): Authority sets aside higher-duty backpay
Two NOAA operations research analysts alleged that they had performed higher-level duties for years and sought temporary-promotion pay. An arbitrator found that both employees performed substantial ZP-3 work while classified at ZP-2 and awarded ongoing higher-level compensation, but did not…
Greg Beeche Logistics
Suspension-scaffold support-line violation affirmed
Greg Beeche Logistics designed and supplied two-point suspension scaffolds for a high-rise curtain-wall replacement project in Boston. The scaffolds used automatic locking devices on the suspension ropes but lacked the separate independent support lines required when workers attach their…
Secretary of Labor on behalf of Kenneth M. Adkins v. Greenbrier Minerals, LLC, and its Successors
Summary decision denied
Kenneth M. Adkins worked as a mobile equipment operator at Greenbrier's surface coal mines. The Secretary alleged that Adkins reported equipment hazards and later faced suspension and termination after telling management that he believed his assignments were retaliation for contacting MSHA…
Lone Star Auto Parts, Inc.
In re Lone Star Auto Parts, Inc. (EAB CAA Appeal No. 25-03C): diesel defeat-device settlement approved
Lone Star Auto Parts, Inc. sold aftermarket parts for diesel trucks, including exhaust gas recirculation delete hardware, exhaust aftertreatment delete pipes, and other defeat devices. EPA alleged that the company manufactured or sold at least 827 parts that bypassed or rendered inoperative…
BP Products North America Inc.
In re BP Products North America Inc. (EAB CAA Appeal No. 25-02C): fuel-standard and reporting settlement approved
BP Products North America Inc. operated refineries and fuel terminals producing diesel and gasoline during the relevant period. EPA alleged that BP produced 1,092,252 gallons of ultra-low-sulfur diesel with a composite sulfur result above the 15 parts-per-million standard, produced 140,280 gallons…
Matter of Leobardo DE JESUS-PLATON
Conviction vacatur insufficient for remand
The Board reviewed a Mexican respondent's challenge to his ineligibility for cancellation of removal after a California conviction for criminal threats. The respondent submitted evidence that a state court had allowed him to withdraw his guilty plea under California Penal Code section 1473.7 and…
Matter of John ARCINIEGAS-PATINO
Electronic briefing notice
The respondents’ appeal had been summarily dismissed after their representative did not file a required brief. They asked the Board to reconsider, saying counsel did not see the electronic briefing notice because it was delivered to a spam folder and they expected paper service. The Board held that…
Secretary of Labor obo Robert Baumann v. MOSenecaManufacturer, LLC d/b/a American Tripoli
Secretary of Labor obo Robert Baumann v. American Tripoli (FMSHRC CENT 2023-0251): Fabricated-case filings led to dismissal
After directing review, the Commission received an American Tripoli motion relying on purported cases that could not be identified from the citations provided. The Commission ordered the operator to submit copies, but it did not respond. A later show-cause response offered no explanation for that…
American Federation of Government Employees, Local 506 and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Coleman, Florida
AFGE Local 506 and Federal Correctional Complex Coleman (FLRA 0-AR-5967): Authority upholds historical attorney-fee rates
AFGE Local 506 prevailed on an overtime grievance and later sought more than $416,000 in attorney fees using the lawyers' current hourly rates to account for delayed payment. An arbitrator awarded about $282,000 using the rates in effect when the work was performed. The Authority held that applying…
Secretary of Labor v. Greenbrier Minerals, LLC
One-day-late contest reopened
Greenbrier Minerals filed its penalty contest one day after the thirty-day deadline. It attributed the delay to its safety specialist’s unusually heavy workload, short staffing, and the death of the safety manager’s mother. Greenbrier sought reopening promptly, and the Secretary did not oppose. The…
Secretary of Labor v. Potter South East, LLC
Repeated deficient reopening motions denied
Potter South East sought to reopen three final penalty assessments with a one-sentence motion stating that the penalty amount was a surprise and that it had implemented corrective procedures. The motion did not explain why the contests were late or why Potter delayed after receiving delinquency…
National Labor Relations Board and National Labor Relations Board Union
National Labor Relations Board and NLRB Union (FLRA 0-AR-5903): Authority dismisses premature stale-grievance exceptions
The NLRB Union waited until 2023 to initiate arbitration of grievances referred in 2009 and 2012. The agency asked the arbitrator to dismiss them as stale and moot, but the arbitrator found the negotiated procedure required the agency first to request withdrawal and give the union 30 days to act…
Cleary v. CSX Transportation, Inc.
FRSA settlement approved and case dismissed
Cliff Cleary alleged that CSX Transportation retaliated against him in violation of the Federal Railroad Safety Act. After an administrative judge granted CSX summary decision and Cleary appealed, the parties submitted a signed settlement and asked the Board to dismiss the matter with prejudice…
Siddiqui v. Transit Administrative Center, Inc.
Transit whistleblower coverage dismissal affirmed
Fouaz Siddiqui supervised cashiering for Transit Administrative Center, which processed payments for Chicago taxicab affiliations participating in a regional paratransit program. He alleged that the company fired him after he objected to withholding driver payments and paid a driver whose account…
R.S.A. Corp.
In re R.S.A. Corp. (EAB TSCA Appeal No. 25-01Q): $15,342 penalty paid and matter resolved
EPA alleged that R.S.A. Corp. violated Toxic Substances Control Act requirements involving the chemical inventory and chemical imports and exports. The complaint alleged violations of TSCA sections 8(b) and 13, related requirements at 40 C.F.R. parts 707 and 710, and TSCA section 15. EPA's…
Secretary of Labor on behalf of Timothy Barnes and Brandon Hall v. Warrior Met Coal Mining, LLC
Retaliatory discipline and terminations remedied
Timothy Barnes and Brandon Hall operated a longwall shearer at Warrior Met's No. 7 Mine and were disciplined after running it more slowly than management directed under conditions they believed were unsafe. They were placed on probation and later terminated near the end of that probation after a…
Yates v. Superior Air Charter LLC
AIR21 attorney-fee appeal withdrawn and dismissed
An administrative judge awarded attorney fees to Colin Yates in his AIR21 case against Superior Air Charter, doing business as JetSuite Air. Yates petitioned the Board to review that award. He later asked to withdraw the petition and stated that the withdrawal did not result from a settlement…
Nix v. Symphony Technology Solutions, Inc.
AIR21 settlement approved and case dismissed
Randall Nix alleged that Symphony Technology Solutions and Holder Construction retaliated against him in violation of AIR21. After an administrative judge granted the companies summary decision and Nix appealed, the parties submitted a signed settlement and jointly requested dismissal with…
United States Department of the Navy, Commander Navy Region Southwest, San Diego, California and Fraternal Order of Police, Lodge 12
Navy Region Southwest and Fraternal Order of Police Lodge 12 (FLRA 0-AR-5751): Authority upholds supervisory-selection grievance
The Navy used college education as a screening factor for a supervisory vacancy even though the announcement did not list a degree requirement and the agency had not previously used one. A union grievance alleged that bargaining-unit applicants were denied interviews and that the agency changed…
United States Department of Veterans Affairs, John J. Pershing VA Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338
John J. Pershing VA Medical Center and AFGE Local 2338 (FLRA 0-AR-5644): Authority upholds appointment remedy
AFGE Local 2338 challenged a VA medical center's failure to select its union president for a permanent voluntary-services-specialist position. An arbitrator found anti-union animus, violations of negotiated promotion procedures, improper destruction of requested selection records, and an unfair…
Anderson v. United States Postal Service
Postal worker's antitrust retaliation claim denied
Postal Service employee Alyce Anderson alleged retaliation related to grievances, Equal Employment Opportunity complaints, and her refusal of a settlement offer. The Criminal Antitrust Anti-Retaliation Act protects reports and other actions involving criminal antitrust violations. Anderson did not…
Secretary of Labor v. Tata Chemicals Soda Ash Partners, LLC
Due-date mistake justified reopening
Tata Chemicals retrieved a proposed assessment from its post office four days after delivery and calculated the contest deadline from the pickup date. Its contest of the unpaid penalties was five days late under the actual delivery date. Tata supplemented its reopening motion to explain the…
Secretary of Labor v. L Rock Industries, Inc.
Vague mail explanation did not reopen default
L Rock Industries defaulted after failing to answer a penalty petition and the Chief Judge’s order to show cause. It sought reopening by stating that it had mailed a conference request and had experienced confusion receiving MSHA mail after an ownership change. The Secretary responded that the…
Secretary of Labor v. Blanchard Machinery Co.
Unknown recipient justified reopening
Blanchard Machinery sought to reopen a penalty assessment that it said it never received. The assessment was addressed to an employee with no mining or safety duties and signed for by a person whom neither Blanchard nor its carrier employed at the time. Blanchard investigated promptly after…
Phillips 66 Company
In re Phillips 66 Company (EAB CAA Appeal No. 24-12C): diesel sampling settlement approved
Phillips 66 operates a fuel manufacturing facility in Rodeo, California. EPA alleged that the facility failed to demonstrate homogeneity for diesel batches produced during compliance years 2021, 2022, and two months of 2023. EPA also alleged that Phillips 66 failed to report the presumed…
Secretary of Labor v. Blanchard Machinery Co.
Unknown recipient supported reopening
Blanchard Machinery sought to reopen a penalty assessment that it said it never received. The assessment was addressed to an employee with no mining or safety duties and signed for by a person whom neither Blanchard nor its carrier employed at the time. Blanchard investigated promptly after…
Exxon Mobil Baytown Refinery
One mental-illness recordkeeping instance affirmed
A pipe rupture at ExxonMobil's Baytown refinery caused an explosion that injured three contractors and a fire that burned for nearly eight hours. Three process technicians who responded later received mental-illness diagnoses and missed work, but ExxonMobil declined to record the cases on its OSHA…
Secretary of Labor on behalf of Paul Kirk v. CEMEX Construction Materials Florida, LLC
Discipline for kiln-dust complaint found discriminatory
Paul Kirk, an electrician and union president at CEMEX's cement plant, raised concerns about hot dust escaping from a kiln and interrupted a management meeting when he believed the problem had not been addressed. MSHA inspected after an anonymous complaint and cited the plant for kiln conditions…
Jones v. Exclusive Jets, LLC
Pilot retaliation award affirmed with new interest method
Exclusive Jets fired pilot Michael Jones less than three weeks after he reported aircraft mechanical irregularities and objected to conducting a maintenance test flight in poor weather. The Board held that his reports and related communications were protected under AIR21 and that timing plus…
Secretary of Labor v. Peabody Gateway North Mining, LLC
Roof-control order affirmed and citation modified
MSHA issued an order and a citation after two separate roof falls at Peabody's underground coal mine struck miners in December 2022. For the first incident, the Judge found that Peabody exceeded width limits in its approved roof-control plan and failed to take added measures for visible adverse…
Secretary of Labor v. Tata Chemicals Soda Ash Partners, LLC
Due-date mistake supported reopening
Tata Chemicals retrieved a proposed assessment from its post office four days after delivery and calculated the contest deadline from the pickup date. Its contest of the unpaid penalties was five days late under the actual delivery date. Tata supplemented its reopening motion to explain the…
Secretary of Labor v. W.G. Yates & Son’s Construction Company
Hot-work fire citation affirmed before Commission review
W.G. Yates was cutting steel in a phosphate mine building when hot slag entered an uncovered drain and ignited rubber lining inside a discharge pipe. The fire burned for about 17 minutes, produced thick black smoke, and resisted six fire extinguishers before the mine's emergency team put it out…
Secretary of Labor obo Robert Baumann v. MOSenecaManufacturer, LLC dba American Tripoli
Secretary of Labor obo Robert Baumann v. American Tripoli (FMSHRC CENT 2023-0251): Missing case copies prompted a show-cause order
American Tripoli filed a motion that relied on cases the Commission could not identify from the information provided. The Commission ordered the operator to submit copies of those cases by December 6, 2024, but it received no response. The Commission explained that it has discretion to vacate…
Secretary of Labor v. St. Mary's Cement
Secretary of Labor v. St. Marys Cement U.S. LLC (FMSHRC LAKE 2025-0084): Timely all-penalties contest required remand
St. Marys timely returned a proposed-assessment form and checked the box stating that it contested every listed violation. It did not also check the individual boxes beside several penalties, and MSHA later issued a delinquency notice for those items. The Commission held that the assessment never…
Secretary of Labor v. St. Mary's Cement
Secretary of Labor v. St. Marys Cement (FMSHRC LAKE 2023-0265): Paid settlement made reopening moot
MSHA proposed $85,461 in penalties, and St. Marys timely contested them before agreeing to a settlement that reduced the amount to $67,025. The operator paid the full settlement amount after receiving a delinquency notice. St. Marys nevertheless moved to reopen, but it identified no mistake or…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, 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.