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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Prestressed Systems, Inc.
Safety-belt citation remanded under revised precedent
Prestressed Systems contested a personal protective equipment citation involving the use of safety belts under 29 C.F.R. § 1926.28(a). The administrative law judge vacated the citation because the Secretary had not shown that safety belts were feasible, relying on then-current Commission precedent…
09:0253(36)CA - Justice, INS and AFGE, National Border Patrol Council and AFGE Local 2455 and IBPO -- 1982 FLRAdec CA
Border Patrol violations upheld and new election ordered (FLRA 6-CA-48)
During a Border Patrol representation contest, Immigration and Naturalization Service changed working conditions involving checkpoints, uniforms, coffee breaks, and travel practices. The Authority adopted the judge’s unfair labor practice findings and sustained election objections, with…
Secretary of Labor (MSHA) v. San Juan County Highway Department
Truck defect citation upheld with $40 penalty
MSHA cited the San Juan County Highway Department for equipment defects at its sand and gravel pit. Judge John J. Morris found that a truck could slip out of low gear and that its interior door latch was broken, violating 30 C.F.R. § 56.9-2. He rejected the county's argument that a local government…
Secretary of Labor (MSHA) v. Davis Coal Company
Secretary of Labor v. Davis Coal Company (FMSHRC WEVA 80-565): Penalties reduced across 19 mine safety cases
MSHA sought civil penalties for 176 alleged violations at Davis Coal Company's Marie No. 1 Mine across 19 consolidated dockets. The parties stipulated to most violations, while testimony addressed the remaining disputes and the company's ability to pay. Judge George A. Koutras affirmed the proven…
Sandra Cantrell v. Gilbert Industrial
Layoff discrimination complaint dismissed
Sandra Cantrell reported a blasting incident and her resulting injury to MSHA while working for Gilbert Industrial. An MSHA inspection led to a citation against Gilbert for failing to report the accident. After Cantrell returned to light duty, Gilbert laid her off because it said her flagging…
Jones & Laughlin Steel Corporation
Crane-boarding citation vacated
A motor inspector at Jones & Laughlin's Aliquippa steel mill died after attempting to board a moving overhead crane without first notifying the operator. The Secretary alleged that the company failed to instruct workers about safe boarding and failed to enforce an effective crane-boarding safety…
Amax Chemical Corporation v. Secretary of Labor (MSHA)
Amax Chemical Corporation v. Secretary of Labor (FMSHRC CENT 82-93-RM): Eight citation contests dismissed as late
Amax Chemical Corporation filed one notice contesting eight MSHA citations at its mine and refinery. Judge Richard C. Steffey found that the notice was filed 109 to 125 days after the citations, beyond the 30-day period for an immediate contest. He dismissed the consolidated contests without…
09:0229(33)CA - SSA, Mid-America Service Center, Kansas City, MO and AFGE Local 1336 -- 1982 FLRAdec CA
SSA employee activity practice changes violation upheld (FLRA 7-CA-29)
The SSA Mid-America Service Center changed established employee activity practices involving receptions, donations, food, and breaks. The judge found some of those changes unlawful and rejected other allegations. With no exceptions filed, the Authority adopted the judge’s findings and ordered…
09:0199(31)CA - Federal Mediation and Conciliation Service and NAGE Local R3-118 -- 1982 FLRAdec CA
Federal mediation service complaint dismissal upheld (FLRA 3-CA-818)
A union alleged that Federal Mediation and Conciliation Service managers made unlawful statements during meetings as employees organized. The judge found no unfair labor practice and recommended dismissal. The Authority adopted that decision and dismissed the complaint.
09:0251(35)CA - Marine Corps Development and Education Center and AFGE Local 1786 -- 1982 FLRAdec CA
Marine Corps official time complaint dismissed (FLRA 3-CA-2080)
A Marine Corps employee represented a union in bargaining for a unit to which he did not belong. The center denied him official time for that bargaining. On a transferred record, the Authority found no statutory violation and dismissed the complaint.
09:0246(34)CA - EEOC, HQ, Washington, DC and National Council of EEOC Locals, No. 216, AFGE -- 1982 FLRAdec CA
EEOC negotiators’ travel expenses ordered paid (FLRA 3-CA-1068)
The EEOC granted union negotiators official time for talks about flexible schedules but refused to reimburse travel and per diem. On a transferred record, the Authority found a statutory violation. It ordered payment of properly documented expenses and notice posting.
09:0213(32)CA - GSA and NFFE Local 1705 -- 1982 FLRAdec CA
GSA parking lot leaflet restriction violation upheld (FLRA 3-CA-1016)
GSA refused permission for a union leaflet distribution at employee desks and in a parking lot. The Authority retained the judge’s dismissal of the desk distribution claim and found that the parking lot restriction violated employee rights during nonwork time. It ordered GSA to stop the parking lot…
Department of the Air Force, Scott Air Force Base, Illinois and Local R7-23, National Association of Government Employees
Scott Air Force Base arbitration reconsideration denied (FLRA 0-AR-210)
The Authority had dismissed the union's exceptions to an arbitration award because they were filed two days late. The union asked for reconsideration, arguing that a rule adding five days after service by mail should extend the deadline. The Authority held that the exceptions deadline ran from the…
Matter of Frentescu
Burglary conviction did not bar asylum eligibility
The Board reviewed a Romanian applicant's appeal from the denial of asylum and withholding of deportation after a burglary conviction in Illinois. It held that a conviction for a crime involving moral turpitude did not by itself make the applicant statutorily ineligible for asylum or withholding…
09:0173(25)CU - HUD, San Francisco Area Office, San Francisco, CA and NFFE Local 1450 -- 1982 FLRAdec RP
HUD service office employees added to union unit (FLRA 9-CU-24)
HUD reorganized service offices in Fresno, Sacramento, Reno, and Las Vegas under its San Francisco Area Office. The union sought clarification of its nonprofessional bargaining unit. The Authority amended the unit description to include employees of those service offices. The outcome is classified…
09:0175(26)CU - NTEU and IRS, Washington, DC -- 1982 FLRAdec RP
IRS taxpayer education position added to union unit (FLRA 6-CU-19)
The National Treasury Employees Union asked to include an Oklahoma City IRS public affairs specialist and taxpayer education coordinator in its bargaining unit. The Authority found that the incumbent did not perform federal personnel work beyond a purely clerical role. It clarified the unit to…
09:0188(29)CA - Treasury, Bureau of Alcohol, Tobacco and Firearms and its Midwest Region and NTEU -- 1982 FLRAdec CA
ATF negotiator official time violation found (FLRA 5-CA-845)
The Bureau of Alcohol, Tobacco and Firearms denied a union negotiator official time and travel reimbursement for talks over the closing of four Midwest posts of duty. On a transferred record, the Authority found an unfair labor practice. It ordered appropriate official time, expenses, and notice…
09:0184(28)CA - Kaiserslautern American High School, DOD Dependents Schools, Germany North Region and Overseas Federation of Teachers, AFT -- 1982 FLRAdec CA
Overseas school employee polling complaint dismissed (FLRA 3-CA-830)
A Defense Department school polled teachers about morale and shared the results. The union alleged that the polling breached an agreement and unlawfully interfered with employee rights. On a transferred record, the Authority found that the evidence did not establish those violations and dismissed…
09:0136(16)CA - HUD and AFGE -- 1982 FLRAdec CA
HUD parking program bargaining violation found (FLRA 3-CA-581)
HUD implemented paid parking without bargaining over the impact and implementation choices left to its discretion. On a transferred record, the Authority found an unfair labor practice despite government wide parking rules. Because no fee collection regulation remained effective, it ordered a…
09:0178(27)CA NTEU VS TREASURY, IRS -- 1982 FLRAdec CA
IRS refusal to bargain over workload proposal found unlawful (FLRA 3-CA-358)
The National Treasury Employees Union proposed procedures for controlling Appeals Officers’ workloads after the IRS changed office conference practices. The IRS refused to bargain, arguing that the union had delayed or waived its rights. The Authority rejected that defense, found a violation, and…
09:0193(30)CA - Naval Space Surveillance Systems, Dahlgren, Virginia and AFGE Local 2096; Naval Surface Weapons Center, Dahlgren, Virginia and AFGE Local 2096 -- 1982 FLRAdec CA
Naval official time complaints split (FLRA 3-CA-1603)
Two Dahlgren naval activities faced complaints over official time for a union negotiator. The Authority dismissed the complaint against the Naval Space Surveillance Systems activity and found a violation by the Naval Surface Weapons Center in refusing to bargain over official time. It ordered the…
09:0143(17)RO - Fort Buchanan Installation, Club Management System, Fort Buchanan, PR and Congreso De Uniones Industriales De Puerto Rico -- 1982 FLRAdec RP
Fort Buchanan employee unit found appropriate for election (FLRA 2-RO-42)
A Puerto Rico union petitioned to represent nonprofessional employees of the Fort Buchanan club system. The Authority resolved the disputed eligibility of intermittent workers, found an appropriate unit, and directed an election. The election still had to occur, so this order is interlocutory. The…
09:0151(20)NG - NFFE Local 1497 and Air Force, Lowry AFB, CO -- 1982 FLRAdec NG
Air Force position and assignment proposals split (FLRA 0-NG-313)
The union proposed limits on position description changes and a rule that work assignments comply with law and regulations. The Authority held the disputed part of the first proposal outside the duty to bargain because it conflicted with a government wide rule on accurate descriptions. It held the…
09:0148(19)NG - NFFE Locals 1707, 1737 and 1708 and HQ, Louisiana Air and Army NG, New Orleans, LA -- 1982 FLRAdec NG
National Guard promotion proposals held nonnegotiable (FLRA 0-NG-287)
Louisiana National Guard unions proposed promotion procedures reaching supervisory positions and specified who would represent management on rating panels. The Authority found the disputed portions outside the duty to bargain. It dismissed the negotiability petition.
09:0158(21)NG - NTEU and NTEU Chapter 213 and Energy, Washington, DC -- 1982 FLRAdec NG
Energy vacancy proposal held outside bargaining duty (FLRA 0-NG-205)
A union proposed that all bargaining unit vacancies be filled under the Department of Energy headquarters classification and placement plan. The Authority found that the proposal restricted management’s statutory choice of candidates from appropriate sources. It dismissed the negotiability petition.
09:0164(23)AR - Columbia Basin Trades Council and all of its Constituent Unions, Spokane, WA and The Grand Coulee Project Office, Bureau of Reclamation, Interior, Grand Coulee, WA -- 1982 FLRAdec AR
Grand Coulee wage awards survive agency exceptions (FLRA 0-AR-78)
The Grand Coulee Project stopped paying negotiated local prevailing construction rates to permanent drill and certain temporary employees. An arbitrator granted remedies for both groups. The Authority denied the agency’s exceptions and left the awards in place.
09:0146(18)AR - AFGE Local 3159 and HHS Region IX -- 1982 FLRAdec AR
HHS arbitration exceptions dismissed as late (FLRA 0-AR-392)
The union filed exceptions to an arbitration award involving HHS Region IX. The Authority found that the exceptions arrived after the statutory filing deadline. It dismissed them without deciding the award’s merits.
09:0171(24)AR - Elmendorf AFB and AFGE Local 1668 -- 1982 FLRAdec AR
Probationary employee grievance award set aside (FLRA 0-AR-281)
Elmendorf Air Force Base removed a probationary employee, and the union sought arbitration. An arbitrator held the removal grievance legally excluded from a negotiated grievance procedure. The Authority set aside that award because the statute did not categorically bar such grievances from a…
09:0161(22)AR - AFGE Council, San Francisco Region and HHS, SSA -- 1982 FLRAdec AR
SSA advisory arbitration exceptions dismissed (FLRA 0-AR-245)
A union sought review of an arbitrator’s advisory recommendations concerning a proposed adverse action. The Authority held that this predecision hearing was outside the statutory grievance arbitration process it could review under section 7122. It dismissed the exceptions for lack of jurisdiction.
Secretary of Labor (MSHA) v. Puerto Rican Cement Company, Inc.
Secretary of Labor v. Puerto Rican Cement Company (FMSHRC SE 81-25-M): Forklift needed its own fire extinguisher
MSHA cited Puerto Rican Cement Company because a forklift at its Ponce cement plant had no fire extinguisher attached. The company pointed to extinguishers in the warehouse and along the route the forklift traveled. The Commission affirmed the judge's violation finding under 30 C.F.R. § 56.4-27. It…
Secretary of Labor (MSHA) v. Central Ohio Coal Company
Secretary of Labor v. Central Ohio Coal Company (FMSHRC LAKE 81-78): Settlement approved despite denial of violation
The Commission reviewed a settlement between MSHA and Central Ohio Coal Company because the agreement said the operator was not admitting a Mine Act violation. Applying its recent Amax Lead decision, the Commission held that parties may admit or deny a violation in a settlement and that approval…
Secretary of Labor (MSHA) v. Adams Coal Enterprises, Inc.
Secretary of Labor v. Adams Coal Enterprises (FMSHRC KENT 82-10): $28 penalty entered after default
MSHA proposed a $28 penalty for a violation of 30 C.F.R. § 71.802 at Adams Coal Enterprises' No. 1 Preparation Plant. Adams did not appear at the hearing and did not respond to a later order to show cause. Judge Richard C. Steffey found the company in default under the Commission's procedural rule…
Secretary of Labor (MSHA) v. Martiki Coal Corporation
Secretary of Labor v. Martiki Coal Corporation (FMSHRC KENT 81-77): Windshield and highwall citations upheld with settlement
MSHA sought penalties for safety violations at Martiki Coal's surface mine in two consolidated cases. The parties settled three citations, and Judge Richard C. Steffey approved $330 in settlement penalties. He also upheld two citations for cracked loader windshields and one for a hazardous highwall…
09:0116(15)CA - Customs Service, Region V, New Orleans, LA and NTEU and NTEU Chapter 168 -- 1982 FLRAdec CA
Customs first-shift bargaining violation found and restoration ordered (FLRA 6-CA-248)
Customs Service Region V changed New Orleans air support employees’ shifts before bargaining over the impact and implementation of the change was complete. The Authority also found that changing the first shift’s hours without bargaining violated the statute. On the union’s request, it ordered…
09:0109(14)CU - Interior, Bureau of Mines, Twin Cities Research Center, Twin Cities,MN and AFGE Local 2249 -- 1982 FLRAdec RP
Bureau of Mines bargaining unit clarified (FLRA 5-CU-31)
The Bureau of Mines and a union disputed the status of several Twin Cities Research Center positions. The Authority examined duties across the positions and clarified the unit, excluding specified confidential employees and faculty members. The outcome is classified as other because this original…
U.S. Army Communications and Electronics Materiel Readiness Command, Fort Monmouth, New Jersey and American Federation of Government Employees, Local 1904
Fort Monmouth team leaders remain in bargaining unit (FLRA 2-CU-24)
The Army command at Fort Monmouth petitioned to exclude about 59 employees in 20 job classifications from a bargaining unit, arguing that they were supervisors. The disputed jobs included engineers, analysts, accountants, and auditors who led small teams and reviewed junior employees' work. The…
Secretary of Labor (MSHA) v. Phillips Uranium Corporation and American Mining Service
Secretary of Labor v. Phillips Uranium Corporation (FMSHRC CENT 79-281-M): Contractor substituted for $48 penalty
The Commission had vacated citations and penalty petitions in three Phillips Uranium dockets and sent CENT 79-281-M back to the judge. During review, contractor American Mining Service agreed to replace Phillips as the respondent in that remaining case and paid the proposed $48 penalty. Judge John…
Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington and Federal Employees Metal Trades Council, AFL-CIO
Puget Sound shipyard unfair labor practice complaints dismissed (FLRA 9-CA-750, 9-CA-762)
Two mailroom employees at Puget Sound Naval Shipyard alleged that a caution letter and their later terminations were retaliation for union activity or requests for union representation. The Authority judge found that the employment actions were driven by work performance and conduct, not anti-union…
Office of Program Operations, Field Operations, Social Security Administration, San Francisco Region and American Federation of Government Employees, Council of Social Security District Office Locals, San Francisco Region
Hemet office work hours and meetings complaint dismissed (FLRA 8-CA-390)
A union challenged a Social Security office's decision to end extra hours temporarily given to part-time workers and claimed that managers met with employees without union representation. The Authority found that the union had advance notice of the temporary hours practice and had not asked to…
Office of Program Operations, Field Operations, Social Security Administration, San Francisco Region and American Federation of Government Employees, Council of Social Security District Office Locals, San Francisco Region
Social Security leave violations upheld, promotion claim dismissed (FLRA 8-CA-379, 8-CA-380, 8-CA-401)
An Authority judge found that a Social Security office unlawfully changed leave procedures without bargaining and improperly considered employee Floyd Banks's union work during a promotion process. The Authority upheld the findings that management's comments interfered with Banks's protected rights…
Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Dallas, Texas and National Treasury Employees Union, Chapter 121
Treasury agency must restore union negotiator's leave (FLRA 6-CA-806)
A union chapter president used an hour of annual leave to attend midterm negotiations with the Bureau of Alcohol, Tobacco and Firearms about typewriter use. The agency refused to grant official time, arguing that the statute did not require it for midterm bargaining. The Authority adopted the…
Matter of Martin
Voided sentence did not trigger deportability
The Board reviewed a British respondent's deportability after her Colorado aggravated-robbery conviction. She had initially received a 12-year sentence, but the Colorado court later treated that sentence as void and imposed three months of time served followed by five years of probation. The Board…
Secretary of Labor (MSHA) v. Allied Chemical Corporation
Secretary of Labor v. Allied Chemical Corporation (FMSHRC WEST 81-243-M): All six citations vacated
MSHA brought six citations against Allied Chemical's Alchem Trona Mine. Government counsel moved to dismiss five dust citations because testing and sample custody rules had changed, and the judge granted the motion. The remaining citation alleged that miners failed to examine loose roof and rib…
Secretary of Labor (MSHA) v. Mathies Coal Company
Secretary of Labor v. Mathies Coal Company (FMSHRC PENN 82-5): Roof control citation vacated
MSHA cited Mathies Coal Company for allegedly sending workers under unsupported roof while installing a ventilation curtain at its mine. The inspector inferred that workers had been beyond the roof supports from the curtain's position and footprints, but no one saw a worker there. Judge George A…
Mathies Coal Company v. Secretary of Labor (MSHA)
Mathies Coal Company v. Secretary of Labor (FMSHRC PENN 82-3-R): Mantrip sanding citation upheld
MSHA cited Mathies Coal Company because one sanding device on a personnel carrier was empty and inoperative before a trip carrying miners. Judge Michael A. Lasher, Jr. found that the mine's wet track, curves, and grades made the reduced sanding capacity a meaningful travel hazard. He upheld the…
Secretary of Labor (MSHA) v. United States Steel Corporation
Secretary of Labor v. United States Steel Corporation (FMSHRC LAKE 82-35-M): Safety belt withdrawal order upheld
MSHA issued a withdrawal order after a U.S. Steel foreman exited a cooler at the Minntac Mine without a safety belt near an opening with a drop of more than 18 feet. Judge James A. Broderick found that the safety belt rule was clear enough to apply and that the foreman's conduct violated it. He…
Secretary of Labor (MSHA) v. Macon County Material, Inc.
Secretary of Labor v. Macon County Material (FMSHRC LAKE 80-11-M): Four safety citations upheld with $100 penalty
MSHA cited Macon County Material after finding two unguarded conveyor pulleys, a loader with its backup alarm disconnected, and an unlocked energized transformer enclosure at its sand and gravel operation. The company admitted the conditions but argued that employees had acted against its safety…
Secretary of Labor (MSHA) on behalf of George D. Justice v. Canada Coal Company, Inc.
Secretary of Labor on behalf of George D. Justice v. Canada Coal (FMSHRC KENT 82-111-D): Temporary reinstatement denied
The Secretary sought temporary reinstatement for George D. Justice after he alleged that Canada Coal discharged him for raising a concern about toilet access at the mine. Assistant Chief Judge Gary Melick reviewed the Secretary's application under the rule requiring an affidavit explaining why the…
Secretary of Labor (MSHA) v. Mountain West Construction, Inc.
Secretary of Labor v. Mountain West Construction (FMSHRC WEST 81-219-M): Welding and fall protection citations vacated
MSHA cited Mountain West Construction, an independent contractor at the Big Island Mine, over welding gas cylinders left open and two high steelworkers working without attached safety lines. Judge Charles C. Moore, Jr. found that the torch was attended and used intermittently, so workers did not…
Secretary of Labor (MSHA) v. Kennecott Copper Corporation
Secretary of Labor v. Kennecott Copper Corporation (FMSHRC WEST 80-474-M): Two citations upheld, one vacated
MSHA brought three safety citations against Kennecott Copper across its Arthur Concentrator and Bingham Canyon operations. Judge Virgil E. Vail upheld a citation for clutter that blocked access to electrical disconnect switches and assessed $195. He vacated a citation concerning movement of a power…
Matter of Isovic
Owner-operator failed to prove temporary L-1 employment
Bis-Shaefer Corporation, a California business involved in heavy construction and the import and export of electronic apparatus, sought L classification for Midhat Isovic as an intracompany transferee. Isovic owned 51 percent of the company and was proposed to manage and direct its United States…
Frederick G. Bradley v. Belva Coal Company
Discrimination finding affirmed, back pay remanded
Belva Coal fired foreman Frederick G. Bradley after he refused to let a scoop drive over a damaged trailing cable and argued with a supervisor about another task. The Commission affirmed the judge's finding that Bradley reasonably regarded the cable instruction as dangerous and that his protected…
Secretary of Labor (MSHA) v. Phelps Dodge Corporation
Secretary of Labor v. Phelps Dodge Corporation (FMSHRC CENT 80-349-M): Window citation upheld, tire citation vacated
MSHA sought penalties for six citations at Phelps Dodge's Tyrone Mine and Mill. Judge John J. Morris upheld a $48 citation for a loader with broken cab glass that remained available for use, and he accepted the company's withdrawal of its contest to another $72 citation. He vacated three citations…
Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard grievance bargaining complaint dismissed (FLRA 3-CA-2116)
The union at Norfolk Naval Shipyard asked to negotiate a broader grievance procedure after the parties had reached a tentative successor agreement containing a grievance procedure. The agreement had not been ratified or signed. The shipyard declined further bargaining, and an unfair labor practice…
American Federation of Government Employees, Local 997 and Maxwell Air Force Base, Montgomery, Alabama
Maxwell Air Force Base negotiability appeal dismissed as moot (FLRA 0-NG-671)
Maxwell Air Force Base disapproved provisions in a local labor agreement, saying they conflicted with an agency regulation. The union petitioned the Authority to decide whether the provisions were negotiable. The agency then withdrew its claim that they were outside the duty to bargain. Because the…
Secretary of Labor (MSHA) v. Jim Walter Resources, Inc.
Secretary of Labor v. Jim Walter Resources (FMSHRC SE 82-13): Two safety settlements approved for $795
MSHA sought penalties against Jim Walter Resources for two citations at separate mines. One concerned a missing temporary ventilation curtain during roof bolting; the other concerned the availability of service hoists for emergency escape. Judge George A. Koutras approved a $500 settlement for the…
Secretary of Labor (MSHA) v. S.A.M. Coal Co. Inc.
Secretary of Labor v. S.A.M. Coal (FMSHRC SE 81-21): Highwall citation vacated, certification violation upheld
After a fatal highwall collapse at S.A.M. Coal's surface mine, MSHA cited the company for failing to maintain the wall and for an inadequate onshift examination. Judge George A. Koutras found that MSHA had not proved hazardous loose material existed before the collapse or that an examiner failed to…
Secretary of Labor (MSHA) on behalf of John Cooley v. Ottawa Silica Company
Secretary of Labor on behalf of John Cooley v. Ottawa Silica (FMSHRC LAKE 81-163-DM): Discriminatory discharge found
Ottawa Silica discharged John Cooley after he refused to light a dryer pilot manually with burning paper, a task he said was unsafe. Judge George A. Koutras found that Cooley's refusal was protected under the Mine Act and that the company had not shown it would have fired him for his language or…
Cowin and Company, Inc. v. Secretary of Labor (MSHA)
Cowin and Company v. Secretary of Labor (FMSHRC CENT 81-250-RM): Citation contest withdrawn
Cowin and Company contested an MSHA citation concerning workers riding a muck bucket during shaft development at the Shafter Mine. At the hearing, the parties proposed reducing the initial $300 assessment to $210. Judge George A. Koutras rejected the proposal because the Secretary had filed no…
Matter of M/V "Snail's Pace"
Vessel owner rebutted liability for alien-transport fines
The Board reviewed fines imposed on the captain and owner of a vessel that carried undocumented Cuban nationals from Cuba to Florida. It held that the term “carrier” was used for convenience and did not itself define who was liable under the statute. The Board concluded that the statute does not…
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.