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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COMM

Matter of M/V "Coral Springs"

Owner was not liable for captain's alien-transport fines

The Board reviewed a $250,000 fine imposed on the owner and captain of a commercial fishing vessel that brought 250 Cuban nationals to Florida. It held that strict liability applies only after a carrier has been shown to have brought undocumented aliens to the United States, and that ownership…

June 2, 1982 ·BIA
Modified
COMM

Secretary of Labor (MSHA) v. Amax Lead Company of Missouri

Secretary of Labor v. Amax Lead Company of Missouri (FMSHRC CENT 81-63-M): Settlement rejection upheld

MSHA and Amax Lead proposed settling two airborne contaminant citations with language limiting use of the alleged violations in future proceedings. The Commission agreed with the judge that the language could undermine the Mine Act's enforcement scheme and upheld rejection of the joint settlement…

June 1, 1982 ·FMSHRC
Remanded
COMM

Naval Air Station, Meridian, Mississippi and American Federation of Government Employees, Local 2244

Meridian naval station unit excludes tenant activity employees (FLRA 4-CU-24)

Naval Air Station Meridian asked whether civilian employees of separate tenant activities on the base belonged in a unit represented by AFGE Local 2244. The union favored a unit that included them. The Authority found that the tenant activities had separate commanders with personnel and labor…

June 1, 1982 ·FLRA
Other
COMM

The Adjutant General, Delaware National Guard and Association of Civilian Technicians, Inc., Delaware Chapter

Delaware National Guard unit clarified by job duties (FLRA 2-CU-4)

The Delaware National Guard asked the Authority to decide whether civilian technician positions should remain in a bargaining unit. The Authority excluded positions whose holders exercised independent supervisory judgment over civilian employees. It kept flight instructors in the unit because their…

June 1, 1982 ·FLRA
Other
COMM

U.S. Army Natick Research and Development Laboratories and National Association of Government Employees, Local R1-34

Natick Army unit excludes eight disputed positions (FLRA 1-CU-29)

The Army sought to remove employees in several professional jobs from a Natick bargaining unit, claiming they were supervisors or management officials. The Authority found that six positions exercised independent supervisory judgment in hiring, assigning work, promotions, awards, or grievances. It…

June 1, 1982 ·FLRA
Other
COMM

National Guard Bureau, State of New York, Division of Military and Naval Affairs and Association of Civilian Technicians, Inc.

New York National Guard unit excludes most shop chiefs (FLRA 1-CU-22)

The New York National Guard sought to remove several civilian technician positions from an existing bargaining unit as supervisors or management officials. The Authority found that the program and mobility technician and 12 examiners offered technical advice but did not shape agency policy, so they…

June 1, 1982 ·FLRA
Other
COMM

Department of the Navy, Naval Underwater Systems Center, Newport, Rhode Island and Federal Union of Scientists and Engineers, National Association of Government Employees, Local R1-144

Newport Navy unit excludes three supervisors (FLRA 1-CU-19)

The Navy and the union jointly sought clarification of the bargaining unit for professional employees at the Naval Underwater Systems Center in Newport. The Navy argued that numerous employees should be excluded as supervisors or management officials. The Authority found that three engineers…

June 1, 1982 ·FLRA
Other
ALJ

Secretary of Labor (MSHA) on behalf of Joseph Pastine v. Fairfax Trucking Company

Secretary of Labor on behalf of Joseph Pastine v. Fairfax Trucking (FMSHRC WEVA 81-393-D): Discrimination complaint withdrawn

MSHA moved, with Joseph Pastine's consent, to withdraw the discrimination complaint it had filed against Fairfax Trucking on his behalf. It said a later investigation indicated no violation. Judge Charles C. Moore, Jr. granted the withdrawal and dismissed the case. He declined to decide whether…

May 28, 1982 ·Charles C. Moore, Jr. ·FMSHRC
Procedural
ALJ

Roger A. Anderson v. Itmann Coal Company

Discrimination liability found before remedy order

Roger Anderson, a section foreman at Itmann Coal's No. 3A Mine, told a federal inspector that the mine had not received a required preshift examination. Itmann fired him after a withdrawal order followed. Judge William Fauver found that Anderson had acted in good faith under his supervisor's…

May 28, 1982 ·William Fauver ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.

Secretary of Labor v. U.S. Steel Mining Company (FMSHRC PENN 82-29): Citation vacated for lack of proof

MSHA sought a penalty for a safety citation against U.S. Steel Mining Company at Maple Creek No. 1 Mine. At the hearing, the inspector testified about a different citation and could not recall the facts of the one being tried. After a recess to locate his notes, the Secretary conceded that he could…

May 28, 1982 ·Gary Melick ·FMSHRC
Citations vacated
COMM

General Electric Company

Press-guarding violation affirmed as serious

General Electric used a powder compacting press whose point-of-operation guard had to be removed for inspection and maintenance. With a selector key broken in the run position, an operator used the guard microswitch to jog the press, accidentally activated the rams, and suffered crushed fingers…

May 28, 1982 ·OSHRC
Modified
COMM

Bethlehem Steel Corporation

Welding-ventilation violation reduced to nonserious

Bethlehem Steel welders at its Sparrows Point shipyard worked in a small ship bulkhead where ventilation did not prevent a visible welding haze. OSHA sampling showed one welder was exposed to fluorides at more than twice the referenced safe level, and the negative-pressure respirator provided did…

May 28, 1982 ·OSHRC
Modified
COMM

American Luggage Works, Inc.

Rivet machine point-of-operation citation reinstated, impossibility defense rejected, $60

American Luggage Works makes soft vinyl suitcases under the American Tourister name in Woonsocket, Rhode Island. Twenty-five Thomson rivet machines, a specialized form of power press, fasten the pieces together in four operations: frames to floors and then to cases, handles to cases, bumpers to the…

May 28, 1982 ·OSHRC
Citations affirmed
COMM

Dravo Corporation

Shipyard housekeeping item stays vacated because pipe shop work was not shipbuilding, though the navigable-waters rationale is rejected

The Secretary cited Dravo's pipe shop at Neville Island, Pennsylvania for an other than serious housekeeping violation under the shipyard standards, 29 C.F.R. § 1916.51(a), which the Secretary consolidated into Part 1915 in April 1982. Judge David H. Harris vacated the item, holding that Part 1916…

May 28, 1982 ·OSHRC
Citations vacated
ALJ

Secretary of Labor (MSHA) v. United States Steel Corporation

Secretary of Labor v. United States Steel Corporation (FMSHRC LAKE 81-77-R): Cable handling citation upheld

MSHA cited U.S. Steel after workers at its Minntac mine manually moved energized trailing cables without insulated hooks, tongs, ropes, or slings. The company argued that its shielded cables, ground fault protection, and testing provided equivalent protection. Judge Virgil E. Vail found that…

May 27, 1982 ·Virgil E. Vail ·FMSHRC
Citations affirmed
COMM

Consolidated Rail Corporation

Repair-pit and recordkeeping items vacated

OSHA cited Conrail after inspecting a diesel shop in Buffalo, New York, alleging unguarded locomotive repair pits and failure to maintain an occupational injury and illness log. The Commission vacated the pit-guarding item because its then-current precedent treated a Federal Railroad Administration…

May 27, 1982 ·OSHRC
Citations vacated
COMM

Marson Corporation

Mixer-guarding violation affirmed

Marson manufactured autobody filler in a mixer whose rotating blades were covered by a removable steel grate. Workers sometimes removed the grate while adding fiberglass, and a new employee suffered an arm amputation while feeding material into the running mixer. The Commission found that the…

May 27, 1982 ·OSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Clay Kittanning Coal Co., Inc.

Secretary of Labor v. Clay Kittanning Coal Co., Inc. (FMSHRC WEVA 81-11): Mine owner liable for electrical violations

MSHA cited four electrical hazards at Clay Kittanning's Gail Mine, including missing equipment grounding and unprotected trailing cables. The company did not dispute the violations but argued that an independent contractor operated the mine and bore sole responsibility. Judge Gary Melick held that…

May 26, 1982 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Secretary of Labor (MSHA) v. Medicine Bow Coal Company

Secretary of Labor v. Medicine Bow Coal Company (FMSHRC WEST 81-163): Late penalty proposals accepted

MSHA sought penalties for six citations issued to Medicine Bow Coal Company at a surface coal operation. The company asked the judge to dismiss both cases because the Secretary filed the penalty proposals up to 15 days after the Commission's 45-day deadline. The Commission held that the Secretary's…

May 26, 1982 ·FMSHRC
Remanded
ALJ

Quarto Mining Company v. Secretary of Labor (MSHA)

Quarto Mining Company v. Secretary of Labor (FMSHRC LAKE 81-118-R): Six trolley wire violations remain

MSHA issued eight withdrawal orders after Quarto moved a belt tailpiece under an energized trolley wire at its Powhatan No. 4 Mine. The Secretary withdrew two orders at the hearing. Judge Paul Merlin held that the tailpiece was off-track mining equipment covered by the cited standard and that six…

May 26, 1982 ·Paul Merlin ·FMSHRC
Mixed result
COMM

Special Coating Systems of New Mexico, Inc.

Late contest remanded for possible relief

An administrative law judge found that Special Coating Systems received the citation properly and mailed its notice of contest after the statutory deadline. The employer challenged service and also asked the Commission to excuse the late filing under Federal Rule of Civil Procedure 60(b). Because…

May 26, 1982 ·OSHRC
Remanded
COMM

Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916

Tinker Air Force Base ordered to bargain over respirator facial hair policy (FLRA 6-CA-725)

Tinker Air Force Base had allowed employees using respirators to wear trimmed facial hair if a fit test showed a proper seal. It changed to a clean-shaven rule and stopped fit testing employees with facial hair without notifying or bargaining with the union. The Authority agreed with the judge that…

May 26, 1982 ·FLRA
Modified
COMM

Headquarters, U.S. Army Armament, Materiel Readiness Command, Rock Island Arsenal, Illinois and National Federation of Federal Employees, Local 15

Rock Island Arsenal unit excludes four job classifications (FLRA 5-CU-27)

The Army asked to remove several Rock Island Arsenal jobs from a bargaining unit as supervisors or management officials. The Authority found that an intelligence operations specialist, a logistics management specialist, and a safety specialist exercised independent judgment in directing employees…

May 26, 1982 ·FLRA
Other
COMM

Department of the Treasury, Internal Revenue Service and Central Region, Internal Revenue Service and National Treasury Employees Union, Chapter 80

IRS must restore negotiators' leave and pay travel costs (FLRA 5-CA-560)

Two union representatives traveled to collective bargaining negotiations for the Internal Revenue Service's Central Region. The IRS denied them official time and travel and per diem expenses for the trip. The Authority adopted the judge's finding that the denials violated the statutory…

May 26, 1982 ·FLRA
Upheld
COMM

Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council

Norfolk Naval Shipyard arbitration procedure complaint dismissed (FLRA 3-CA-1860)

A union alleged that Norfolk Naval Shipyard failed to process a grievance for arbitration and improperly changed the procedure for resolving arbitrability. The Authority adopted the judge's finding that the challenge to the shipyard's 1979 inaction was filed beyond the six-month unfair labor…

May 26, 1982 ·FLRA
Upheld
COMM

Ackermann Enterprises, Inc.

Plain-view evidence admitted and case remanded

An OSHA compliance officer waiting with permission in Ackermann's construction-site parking lot saw three employees riding in a tractor's front bucket and photographed them from about 300 to 350 feet away. A judge excluded that evidence and vacated the general duty clause citation because the…

May 25, 1982 ·OSHRC
Remanded
ALJ

Secretary of Labor (MSHA) v. Oak Mining Company

Secretary of Labor v. Oak Mining Company (FMSHRC WEVA 82-5): $1,000 settlement approved

MSHA cited Oak Mining's Marilyn No. 1 Mine for a missing preshift examination, coal accumulations, and missing permanent ventilation stoppings. Oak did not dispute the violations, but its pending bankruptcy affected its ability to pay the initially proposed penalties. Judge George A. Koutras held…

May 24, 1982 ·George A. Koutras ·FMSHRC
Settled
ALJ

Jack Parks v. L & M Coal Corporation

Back pay and expenses set

An earlier decision found that L & M Coal Corporation had unlawfully discharged miner Jack Parks, and that liability ruling was affirmed on review. This later proceeding set the amount due to Parks under the existing remedy. Judge James A. Broderick found that the company had notice of the hearing…

May 21, 1982 ·James A. Broderick ·FMSHRC
Other
ALJ

United Mine Workers of America v. Secretary of Labor (MSHA)

United Mine Workers of America v. Secretary of Labor (FMSHRC LAKE 82-70-R): Union contest dismissed

An MSHA inspector issued a withdrawal order concerning the Saginaw Mine, then the agency vacated it as an error. The United Mine Workers of America challenged the vacation on behalf of miners. Chief Judge Paul Merlin held that the Mine Act allows miner representatives to contest the issuance…

May 21, 1982 ·Paul Merlin ·FMSHRC
Procedural
COMM

Princess Susan Coal Company v. Secretary of Labor (MSHA)

Princess Susan case returned to judge

A federal appeals court returned Princess Susan Coal Company’s case to the Commission for proceedings consistent with another court decision. The Commission sent the case to an administrative law judge for those proceedings. This order does not identify the underlying mine standard, decide the…

May 20, 1982 ·FMSHRC
Remanded
COMM

Island Creek Coal Company v. Secretary of Labor (MSHA)

Island Creek case returned to chief judge

A federal appeals court returned Island Creek Coal Company’s case to the Commission for proceedings consistent with another court decision. The Commission sent the case to the chief administrative law judge for those proceedings. This order does not identify the underlying mine standard, decide the…

May 20, 1982 ·FMSHRC
Remanded
COMM

Ranger Fuel Corporation v. Secretary of Labor (MSHA)

Ranger Fuel case returned to judge

A federal appeals court returned Ranger Fuel Corporation’s case to the Commission for further proceedings consistent with another court decision. The Commission sent it to the administrative law judge for proceedings under the court’s order. This order does not identify the underlying mine…

May 20, 1982 ·FMSHRC
Remanded
COMM

Secretary of Labor (MSHA) on behalf of Arnold J. Sparks, Jr. v. Allied Chemical Corporation

Sparks case remanded after court reversal

A federal appeals court reversed an earlier Commission decision in a case brought by the Secretary on behalf of Arnold J. Sparks, Jr. against Allied Chemical Corporation. The Commission sent the case to an administrative law judge for further proceedings consistent with the court’s decision. This…

May 20, 1982 ·FMSHRC
Remanded
COMM

Island Creek Coal Company v. Secretary of Labor (MSHA)

Two Island Creek cases returned to judge

A federal appeals court returned two related Island Creek Coal Company cases to the Commission for further proceedings. The Commission sent both cases to an administrative law judge for proceedings consistent with the court’s order and another court decision. This order does not decide the…

May 20, 1982 ·FMSHRC
Remanded
COMM

Island Creek Coal Company and Virginia Pocahontas Company v. Secretary of Labor (MSHA)

Three cases returned to judge

A federal appeals court returned three cases involving Island Creek Coal Company and Virginia Pocahontas Company to the Commission. The court directed further proceedings consistent with another appeals court decision. The Commission sent all three cases to an administrative law judge without…

May 20, 1982 ·FMSHRC
Remanded
COMM

Virginia Pocahontas Company v. Secretary of Labor (MSHA)

Two Virginia Pocahontas cases returned to judge

A federal appeals court returned two Virginia Pocahontas Company cases to the Commission for further proceedings consistent with another court decision. The Commission sent both cases to an administrative law judge for those proceedings. This order does not identify the underlying mine standard…

May 20, 1982 ·FMSHRC
Remanded
COMM

Secretary of Labor (MSHA) v. The Helen Mining Company

Helen Mining case remanded after court reversal

A federal appeals court reversed an earlier Commission decision in the Secretary’s case against The Helen Mining Company. The Commission sent the case to an administrative law judge for further proceedings consistent with the court’s decision. This order does not identify the underlying mine…

May 20, 1982 ·FMSHRC
Remanded
COMM

Kentland-Elkhorn Coal Corporation v. Secretary of Labor (MSHA)

Case remanded after court reversal

A federal appeals court reversed an earlier Commission decision in Kentland-Elkhorn Coal Corporation’s case and ordered further proceedings. The Commission sent the case to an administrative law judge to proceed consistently with the court’s decision. This brief order does not identify the…

May 20, 1982 ·FMSHRC
Remanded
COMM

International Association of Machinists and Aerospace Workers, Local 2424 and Department of the Army, Aberdeen Proving Ground, Maryland

Aberdeen bargaining proposals split over work assignment and contracting (FLRA O-NG-383)

The machinists' union proposed limits on assigning bargaining unit work to military personnel or supervisors and several rules about contracting work out. The Authority held that Proposals 1 through 4 interfered with management's statutory rights to assign work and decide on contracting out, so it…

May 20, 1982 ·FLRA
Mixed result
COMM

Secretary of Labor (MSHA) v. Southern Ohio Coal Company

Southern Ohio case returned to judge

A federal appeals court returned Southern Ohio Coal Company’s case to the Commission for proceedings consistent with another court decision. The Commission then sent the case to an administrative law judge for those proceedings. This order does not identify the underlying mine standard, resolve the…

May 20, 1982 ·FMSHRC
Remanded
COMM

National Mines Corporation v. Secretary of Labor (MSHA)

National Mines Corporation v. Secretary of Labor (FMSHRC KENT 80-130-R): Case returned to judge

A federal appeals court returned National Mines Corporation's case to the Commission for further proceedings consistent with another court decision. The Commission then sent the case to an administrative law judge for proceedings consistent with the court's order. This brief order does not describe…

May 20, 1982 ·FMSHRC
Remanded
COMM

Island Creek Coal Company v. Secretary of Labor (MSHA)

Four Island Creek cases returned to judge

A federal appeals court returned four related Island Creek Coal Company cases to the Commission for further proceedings. The Commission sent all four cases to an administrative law judge to proceed consistently with the court’s order and another court decision. This order does not resolve the…

May 20, 1982 ·FMSHRC
Remanded
COMM

Department of the Navy, Civil Engineering Laboratory, Port Hueneme, California and Federal Union of Scientists and Engineers, Local R12-196

Navy research professionals remain in bargaining unit (FLRA 8-CU-17)

The Navy sought to remove 54 engineers and scientists at its Port Hueneme Civil Engineering Laboratory from a bargaining unit as management officials. They led research projects and advised sponsors, but funding and major project decisions were made or reviewed by sponsors and higher Navy…

May 20, 1982 ·FLRA
Other
COMM

U.S. Army, Dugway Proving Ground, Utah and National Association of Government Employees, Local R14-62

Dugway scientists remain in bargaining unit (FLRA 7-CU-29)

Dugway Proving Ground sought to remove 26 scientific and technical positions from a bargaining unit as supervisors or management officials. The Authority found that project leaders gave technical direction but lacked personnel authority and did not exercise independent supervisory judgment. It also…

May 20, 1982 ·FLRA
Other
COMM

American Federation of Government Employees, Local 2000 and Wilder M. Mixon

AFGE internal discipline complaint dismissed (FLRA 6-CO-17)

Wilder Mixon challenged AFGE Local 2000's union discipline, alleging that it denied her membership rights. The Authority agreed with the judge that the complaint concerned whether the union followed its constitution and bylaws. It held that those internal-union questions fell within the Assistant…

May 20, 1982 ·FLRA
Upheld
COMM

Lexington-Blue Grass Depot Activity, Kentucky and American Federation of Government Employees, Local 894

Lexington depot unit excludes transferred center employees (FLRA 4-CU-41)

An Army reorganization placed two centers located at Lexington-Blue Grass Depot under a different command. About 65 employees still worked at the depot, but their pay, supervision, and employment policies now came from the Missile Command at Redstone Arsenal. The Authority found they no longer…

May 20, 1982 ·FLRA
Other
COMM

Defense Communications Engineering Center, Reston, Virginia and American Federation of Government Employees, Local 2

Defense communications technical staff stay in two units (FLRA 3-CU-56)

The Defense Communications Engineering Center sought to exclude 99 technical positions from two bargaining units, arguing that their work made them management officials. The employees developed engineering standards, plans, and recommendations for communications systems. The Authority found that…

May 20, 1982 ·FLRA
Other
COMM

Pennsylvania Army and Air National Guards and Pennsylvania State Council, Association of Civilian Technicians, Inc.

Pennsylvania National Guard units clarified across two petitions (FLRA 3-CU-16, 3-CU-17)

The Pennsylvania Army and Air National Guards disputed whether various clerks, technicians, flight instructors, and mechanics belonged in two bargaining units. The Authority included positions whose personnel work was purely clerical and instructors whose duties did not require independent…

May 20, 1982 ·FLRA
Other
COMM

Nuclear Regulatory Commission and National Treasury Employees Union

NRC travel expense complaint dismissed after union waiver (FLRA 3-CA-1076)

The Nuclear Regulatory Commission refused to reimburse union negotiators for travel and per diem expenses during contract talks. The union filed an unfair labor practice charge, relying on an Authority interpretation that ordinarily required such payment. The parties had earlier signed ground rules…

May 20, 1982 ·FLRA
Set aside
COMM

Massachusetts Army National Guard and National Federation of Federal Employees, Local 1029

Massachusetts National Guard unit includes instructors and recruiter (FLRA 1-CU-18)

NFFE Local 1029 asked to add several Massachusetts Army National Guard jobs to its bargaining unit. The Authority included a recruiting and retention specialist because that employee supervised only full-time military members, not statutory employees. It also included aircraft and flight…

May 20, 1982 ·FLRA
Other
COMM

National Association of Government Employees, Local R12-35 and Department of the Navy, Naval Ocean Systems Center, San Diego, California

Navy wage grade employees denied a separate bargaining unit (FLRA 8-RO-40)

A union petitioned to represent about 47 wage grade employees at the Naval Ocean Systems Center in a separate unit. The Authority found that they worked alongside and were integrated with about 2,000 General Schedule employees, shared skills and personnel practices, and lacked a separate community…

May 19, 1982 ·FLRA
Other
COMM

Department of the Navy, Naval Civilian Personnel Command, Pacific Field Division and American Federation of Government Employees, Local 882 and Department of the Army, U.S. Army Support Command, Hawaii and Hawaii Federal Lodge 1998, International Association of Machinists and Aerospace Workers

Oahu firefighters remain in Navy bargaining unit after consolidation (FLRA 8-RA-6)

The Defense Department consolidated firefighting functions on Oahu under the Navy, transferring Army and Air Force firefighters into a Navy fire department. The regional director found the transferred employees had joined the unit represented by AFGE, and the Authority reached the same result after…

May 19, 1982 ·FLRA
Upheld
COMM

Anheuser-Busch, Inc.

Platform citation remanded for de minimis findings

An administrative law judge had vacated a citation alleging that Anheuser-Busch violated the platform-guarding standard at 29 C.F.R. § 1910.23(c)(1). The Eighth Circuit reversed, holding that the cited surfaces were platforms under the regulatory definition and ordering that the citation be…

May 19, 1982 ·OSHRC
Remanded
COMM

Veterans Administration Medical Center, Fayetteville, North Carolina and American Federation of Government Employees, AFL-CIO and North Carolina Nurses Association

Fayetteville hospital head nurses' ballots remain unopened (FLRA 4-RO-69)

An election at the Fayetteville Veterans Administration Medical Center raised challenges to ballots cast by head nurses. The Authority agreed that eight head nurses spent a preponderance of their working time exercising supervisory authority and sustained challenges to their ballots. It changed the…

May 19, 1982 ·FLRA
Modified
COMM

American Federation of Government Employees, AFL-CIO, Local 987 and Headquarters, Warner Robins Air Force Logistics Command, Robins Air Force Base, Georgia

Robins Air Force Base bargaining proposals receive a split ruling (FLRA 0-NG-223)

The union proposed rules on part-time staffing, the offset against tipped employees' wages, and reduction-in-force placements at Robins Air Force Base. The Authority ordered bargaining over the staffing proposal because it provided a general arrangement for affected employees without dictating…

May 19, 1982 ·FLRA
Mixed result
ALJ

Secretary of Labor (MSHA) v. United States Steel Corporation

Secretary of Labor v. United States Steel Corporation (FMSHRC LAKE 82-36-M): Truck belt guarding citation upheld

MSHA cited U.S. Steel's Minntac Mine after a truck driver checked engine oil while the engine was running near an unguarded alternator belt. Judge James A. Broderick found that the moving belt created a pinch point that a person could contact. He rejected the company's argument that the risk was…

May 18, 1982 ·James A. Broderick ·FMSHRC
Citations affirmed
COMM

Weisblatt Electric Company, Inc.

Multi-employer fall-hazard citations vacated

Weisblatt, an elevator subcontractor, sent two employees to a renovation site to determine whether conditions had improved enough for work to resume. They encountered unguarded openings, floors, ramps, stairs, and unfilled pan-type stair treads that Weisblatt neither created nor controlled. The…

May 18, 1982 ·OSHRC
Citations vacated
ALJ

Secretary of Labor (MSHA) v. Clay Kittanning Coal Co.

Contractor violations settled for $3,570

MSHA brought two penalty cases against Clay Kittanning Coal Co. over violations committed at the Gail Mine by a contract miner. The lessee-operator argued that the contractor alone was responsible and raised financial hardship. Judge Joseph B. Kennedy concluded that a lessee-operator could be…

May 17, 1982 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Carolina Stalite Company

Five penalty cases dismissed on jurisdiction ruling

Carolina Stalite sought summary decision in five MSHA penalty cases after the Commission had found that its facility was outside the Mine Act. Judge Michael A. Lasher Jr. applied that jurisdiction ruling and dismissed all five proceedings. The order did not assess any penalty or decide the alleged…

May 14, 1982 ·Michael A. Lasher Jr. ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. United States Steel Corporation

Cleanup under moving belt was not machine maintenance

MSHA cited U.S. Steel after workers shoveled spilled material from under a moving conveyor belt at the Minntac Plant. The cited standard forbids repairs or maintenance on machinery while it moves. Judge James A. Broderick held that removing spilled material from beneath the belt was neither repair…

May 14, 1982 ·James A. Broderick ·FMSHRC
Citations vacated

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.