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

Delta Field Erection, Inc.

Temporary-lighting citation vacated for lack of knowledge

Delta Field employees repaired trays inside a Tenneco ethyl-benzene storage tower using portable lights installed and controlled by Tenneco. A Tenneco employee mistakenly opened a natural gas line, an explosion followed, and 13 workers died, although the record did not establish that the lighting…

February 26, 1982 ·OSHRC
Citations vacated
COMM

John T. Brady & Co., Inc.

Entrance-canopy general duty citation vacated

OSHA alleged that John T. Brady should have installed canopies over entrances to protect workers from objects falling from crane loads and upper building levels. The Commission held that the general duty clause was unavailable because specific construction provisions addressed crane loads…

February 26, 1982 ·OSHRC
Mixed result
COMM

George C. Christopher & Son, Inc.

ANSI awareness barriers rejected and Rockwell's reading of "appropriate standards therefor" overruled

Christopher fabricates structural steel in Wichita, Kansas. OSHA cited it for unguarded nip points and rotating parts on shears and plate rolls, and for unguarded points of operation on shears, combination punches and shears, and ironworkers. The case was tried on a stipulated record. The parties…

February 26, 1982 ·OSHRC
Mixed result
COMM

P & Z Company, Inc.

A direction for review may be vacated as improvident years after briefing where the remaining issues are factual, over a dissent that the Commission had never done so without first letting the parties object

This is a two-page order that decides nothing about the case and a good deal about how the Commission uses its own review power. The Secretary alleged that P & Z violated a standard requiring covers on garbage containers, and willfully violated standards requiring scrap lumber to be cleared from…

February 26, 1982 ·OSHRC
Procedural
COMM

P & Z Company, Inc.

Commission withdraws review of fact-bound citation dispute

OSHA alleged that P & Z Company violated requirements for covered garbage containers, clearing scrap lumber, and lighting work areas, with two allegations classified as willful. The case returned to the Commission after an earlier remand required the judge to make specific factual findings and…

February 26, 1982 ·OSHRC
Procedural
COMM

Consolidation Coal Company

Secretary's voluntary dismissal granted

The Secretary of Labor moved to dismiss this case voluntarily. The Commission gave the participants ten days to respond and received no responses. It granted the Secretary's motion and ended the proceeding without reaching the underlying issues. The order does not identify a citation, assess a…

February 25, 1982 ·FMSHRC
Procedural
COMM

U.S. Steel Corporation

Imminent-danger order for contractor's drill upheld

An inspector issued an imminent-danger withdrawal order at U.S. Steel's Lynch No. 37 Mine because an independent contractor's core drill had a broken clutch and could not be stopped in an emergency. Applying the 1969 Coal Act, the Commission affirmed that U.S. Steel could be cited for a condition…

February 25, 1982 ·FMSHRC
Citations affirmed
ALJ

United States Steel Corp.

Initial berm citation vacatur later reversed

MSHA cited United States Steel for missing or low barriers at three points on an elevated mine road. Judge George A. Koutras held on summary decision that the berm standard was too vague to enforce and that MSHA could not turn its internal mid-axle-height guideline into a mandatory rule. He vacated…

February 24, 1982 ·George A. Koutras ·FMSHRC
Citations vacated
ALJ

Franklin D. Johnson v. Eastern Associated Coal Corp.

Discrimination complaint dismissed for lack of causal link

Former mine foreman Franklin Johnson alleged that Eastern Associated Coal discharged him after he raised safety concerns. Judge Gary Melick assumed for purposes of decision that Johnson had made protected complaints, but found no evidence that the superintendent who decided to discharge him knew of…

February 23, 1982 ·Gary Melick ·FMSHRC
Other
ALJ

Sherman Lime and Rock Company

Refusal to admit mine inspectors upheld; $200 assessed

MSHA cited Sherman Lime and Rock after its owners refused inspectors entry to their Wisconsin limestone quarry. Judge John F. Cook held that the refusal violated the Mine Act's inspection-entry provision. He found that an earlier federal consent judgment barred the company's renewed objections to…

February 23, 1982 ·John F. Cook ·FMSHRC
Citations affirmed
ALJ

Kentucky Carbon Corporation

Discrimination penalty settled for $1,000

The Secretary and Kentucky Carbon agreed to settle a civil penalty proceeding arising from a Mine Act discrimination violation involving miner Bobby Gooslin. MSHA had initially assessed $5,000. The parties proposed $1,000 after addressing negligence, gravity, the operator's history, size, and…

February 23, 1982 ·Michael A. Lasher, Jr. ·FMSHRC
Settled
COMM

United Cotton Goods, Inc.

Fabric-knife guarding amendment allowed

United Cotton Goods employees used electric knives to cut stacks of fabric. OSHA originally alleged that employees should wear metal-mesh gloves under the personal protective equipment standard, then moved 13 days before the hearing to add an alternative point-of-operation guarding charge. The…

February 23, 1982 ·OSHRC
Remanded
ALJ

FMC Corporation

Drilling into charged hole citation affirmed; $500 assessed

At FMC's underground trona mine, a drill entered a charged hole in an adjacent room, causing an explosion that fatally injured a blaster. Judge Jon D. Boltz found that the drill operator and blaster had worked on opposite sides of the same wall without following FMC's coordination rules. He held…

February 22, 1982 ·Jon D. Boltz ·FMSHRC
Citations affirmed
ALJ

The Pittsburgh & Midway Coal Company

Fire-extinguisher citation affirmed; $114 assessed

At the Edna Strip Mine, an inspector found an inoperative fire extinguisher on an explosives truck. Pittsburgh & Midway argued that two other working extinguishers met the minimum equipment requirement. Judge John J. Morris held that every extinguisher provided as firefighting equipment had to…

February 22, 1982 ·John J. Morris ·FMSHRC
Citations affirmed
COMM

Bethlehem Steel Corporation

Straddle carrier visibility case ends in a stipulated dismissal after review was directed

In January 1979 the Secretary issued Bethlehem Steel a serious general duty clause citation. The allegation was that operators of Hyster straddle carrier number 260, used in the structural steel yard, could not see adequately from the cab to the front and the right side. Judge Alfieri vacated the…

February 22, 1982 ·OSHRC
Settled
COMM

Division of Military and Naval Affairs, State of New York, Albany, New York (Respondent) and New York Council, Association of Civilian Technicians (Charging Party)

New York Guard ordered to honor uniform impasse ruling (FLRA 1-CA-19)

A union charged the New York National Guard with refusing to implement a Federal Service Impasses Panel decision on civilian technicians’ uniform choices. The Judge found an unfair labor practice. The Authority adopted that finding and modified the recommended order, requiring the Guard to honor…

February 19, 1982 ·FLRA
Modified
COMM

Division of Military and Naval Affairs, State of New York and New York Council, Association of Civilian Technicians

New York National Guard and civilian technicians (FLRA 1-CA-19): refusal to follow uniform order was unlawful

The New York Division of Military and Naval Affairs refused to follow a Federal Service Impasses Panel order about whether civilian technicians could wear civilian clothes while working. The Administrative Law Judge found unfair labor practices, and the Authority agreed that the refusal violated 5…

February 19, 1982 ·FLRA
Modified
COMM

American Federation of Government Employees, Local 1753 (Union) and Department of the Air Force, Myrtle Beach Air Force Base, South Carolina (Agency)

Myrtle Beach appeal dismissed after late disapproval (FLRA 0-NG-448)

An AFGE local appealed an Air Force command’s disapproval of provisions in a Myrtle Beach agreement. The union did not receive written notice of disapproval within 30 days after the agreement was executed. The Authority held that the agreement became effective on the 31st day, subject to applicable…

February 19, 1982 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 2094 (Union) and Veterans Administration Medical Center (Activity)

VA removal award outside FLRA jurisdiction (FLRA 0-AR-254)

A union filed exceptions to a VA medical center arbitration award involving an employee’s removal. The Authority held that removal actions are excluded from its arbitration-exception jurisdiction. It dismissed the exceptions and pointed to the separate review route in 5 U.S.C. § 7703. The removal’s…

February 19, 1982 ·FLRA
Procedural
COMM

The Bronx Veterans Administration Medical Center (Activity) and Local 1168, American Federation of Government Employees, AFL-CIO (Union)

Bronx VA removal award outside FLRA jurisdiction (FLRA 0-AR-247)

A union challenged a Bronx VA medical center arbitration award relating to an employee’s removal. The Authority held that a removal award falls within the statutory class excluded from its review of arbitration exceptions. It dismissed the exception for lack of jurisdiction and identified the…

February 19, 1982 ·FLRA
Procedural
ALJ

Union Carbide Corporation

Discrimination complaint dismissed after hearing

The Secretary alleged that Union Carbide discharged mechanic Kenneth E. Bush for raising safety concerns about unloading sulfuric acid at its Rifle Plant. Judge Jon D. Boltz held that the plant came within the Mine Act and that Bush's safety complaints were protected activity. He also found that…

February 17, 1982 ·Jon D. Boltz ·FMSHRC
Other
ALJ

Keystone Coal Mining Corporation

One fire-warning citation affirmed, four vacated

Inspectors tested the fire-warning system at Keystone's Emilie No. 4 Mine and issued five citations. Judge Charles C. Moore, Jr. found the first test, on the No. 1 Main belt, established a violation. He found that a technician's recalibration of that locator made the later readings unreliable…

February 17, 1982 ·Charles C. Moore, Jr. ·FMSHRC
Mixed result
COMM

White Pine Copper Division, Copper Range Company

Cable-insulation penalties vacated

An inspector cited White Pine Copper Division after finding power cables touching metal air lines and an air-line support chain. The cables had insulated conductors and a neoprene jacket, and MSHA had approved them for use as trailing cables. The Commission rejected a rule that would require extra…

February 16, 1982 ·FMSHRC
Citations vacated
COMM

Climax Molybdenum Company

Power-cable penalties vacated

An inspector cited Climax Molybdenum after finding power cables touching air or water lines in underground haulage drifts. The judge held that the standard required insulation beyond the cables' original coverings where they crossed those lines. The Commission found that the cables were in…

February 16, 1982 ·FMSHRC
Citations vacated
COMM

Homestake Mining Company

Cable citations vacated; three other violations upheld

The Secretary challenged the judge's decision to vacate citations for power cables touching air, water, or telephone lines at Homestake's mine. The Commission held that the cables fell under the powerline standard, but that the standard did not automatically require added insulation wherever a…

February 16, 1982 ·FMSHRC
Mixed result
ALJ

Valley Limestone Company

Unattended-truck citation affirmed; $700 assessed

At Valley Limestone's Hader Quarry, an inspector saw a truck left idling and unattended without its brakes set; the truck rolled while another vehicle was being used. Judge Charles C. Moore, Jr. held that the quarry was covered by the Mine Act even though its sales were within Minnesota. He found…

February 12, 1982 ·Charles C. Moore, Jr. ·FMSHRC
Citations affirmed
ALJ

Texas Industries, Incorporated

Equipment-startup citation affirmed; $3,000 assessed

At Texas Industries' Beckett Road sand and gravel plant, a worker was cleaning a screen near a log washer when its operator restarted the machinery. The worker died in the equipment; the decision says no eyewitness saw exactly how he entered it. Judge John J. Morris held that the operator neither…

February 12, 1982 ·John J. Morris ·FMSHRC
Citations affirmed
ALJ

Atlantic Cement Company, Inc.

Multiple safety citations resolved; $985 assessed

Atlantic Cement contested a citation for an unguarded storage platform at its Ravena quarry and plant, while the parties proposed a settlement of other citations. Judge Gary Melick found that workers sometimes stepped onto the platform to retrieve filters, making it a travelway that needed…

February 11, 1982 ·Gary Melick ·FMSHRC
Mixed result
COMM

American Federation of Government Employees, Meat Graders Council and Department of Agriculture, Food Safety and Quality Service

Meat Graders Council and USDA (FLRA 0-NG-51): mixed ruling on six proposals

AFGE's Meat Graders Council proposed changes to grading work, protective clothing, pay for cold conditions, notice of workforce reductions, and mileage reimbursement. The Authority held that a limit on the number of beef carcasses each grader must inspect interfered with management's rights to…

February 11, 1982 ·FLRA
Mixed result
COMM

International Federation of Professional and Technical Engineers, Local 9 and National Aeronautics and Space Administration

IFPTE Local 9 and NASA (FLRA 0-NG-502): appraisal bargaining appeal dismissed

NASA and IFPTE Local 9 disagreed about bargaining over the impact and implementation of a new performance appraisal system for nonsupervisory employees. NASA said the union had not identified negotiable procedures or effects and ended discussions. The union filed a negotiability appeal. The…

February 11, 1982 ·FLRA
Procedural
COMM

National Treasury Employees Union and Department of the Treasury, Internal Revenue Service

NTEU and IRS (FLRA 0-NG-332): interview notice proposals negotiable

NTEU proposed twelve rules for what IRS inspectors would tell employees before and during investigatory interviews that could lead to discipline. The IRS argued that the proposals did not concern working conditions and interfered with its internal security authority. The Authority found that the…

February 11, 1982 ·FLRA
Set aside
COMM

National Association of Government Inspectors and Quality Assurance Personnel, Unit #2 (Union) and Naval Air Engineering Center, Lakehurst, New Jersey (Agency)

Naval quality-assurance proposals outside duty to bargain (FLRA 0-NG-242)

A union at the Naval Air Engineering Center sought bargaining on five proposals about promotion structure, job assignments, travel safety staffing, and supervisors. The Authority found that the proposals would control the agency’s organization, assignments of work, or staffing levels. It dismissed…

February 11, 1982 ·FLRA
Upheld
COMM

National Federation of Federal Employees, Local 1363 and U.S. Army Garrison, Yongsan, Korea

NFFE Local 1363 and Army Garrison Yongsan (FLRA 0-NG-173): housing appeal dismissed as moot

NFFE Local 1363 challenged the Army Garrison's refusal to bargain over allocation of government-controlled family housing for civilian employees. The union also filed an unfair labor practice charge, and it chose to pursue that charge first. A Regional Director found no change in the Garrison's…

February 11, 1982 ·FLRA
Procedural
COMM

Department of the Navy, Naval Air Station, Patuxent River, Maryland (Activity) and Local 1603, American Federation of Government Employees, AFL-CIO (Union)

Navy Panel-order enforcement request denied (FLRA 0-MC-8)

AFGE asked the Authority to enforce a Federal Service Impasses Panel order requiring the Navy to adopt an environmental differential proposal at Patuxent River. The Authority held that alleged noncompliance with a Panel order must first be pursued through unfair-labor-practice procedures. It denied…

February 11, 1982 ·FLRA
Procedural
COMM

United States Army, Fort Huachuca, Arizona and American Federation of Government Employees, Local 1662

Fort Huachuca and AFGE Local 1662 (FLRA 0-AR-324): arbitration exceptions dismissed as late

AFGE Local 1662 filed exceptions to an arbitration award involving the Army at Fort Huachuca. The award was dated November 30, 1980, making the exceptions due at the Authority's national office by December 29 under its filing rules. The union filed them at the Los Angeles regional office around…

February 11, 1982 ·FLRA
Procedural
COMM

Department of Defense, Office of Dependents Schools and Overseas Education Association

Defense Dependents Schools and OEA (FLRA 0-AR-153): late promotion grievance award upheld

An employee of the Defense Department's Office of Dependents Schools grieved the denial of a promotion. The arbitrator held that the grievance missed the collective bargaining agreement's ten-day filing deadline and that the delay did not qualify for an exception. The Overseas Education Association…

February 11, 1982 ·FLRA
Upheld
COMM

Adjutant General, State of Oklahoma, Air National Guard and AFGE Local 3953

Oklahoma Air National Guard and AFGE Local 3953 (FLRA 0-AR-146): placement remedy modified

An arbitrator found that the Oklahoma Air National Guard selected an employee who lacked a required qualification for a metallizing equipment operator position. The arbitrator ordered the position vacated and gave management a choice between reopening recruitment for the full performance job and…

February 11, 1982 ·FLRA
Modified
ALJ

C F & I Steel Corporation

Electrical-contact citation vacated

At C F & I Steel's Allen Coal Mine, an inspector cited the company while a locomotive carried a heavy belt drive and motor on a steel flatcar. The standard required electrical contact between the mine track and equipment being moved on it. Judge Jon D. Boltz found that the inspector had not tested…

February 10, 1982 ·Jon D. Boltz ·FMSHRC
Citations vacated
COMM

National Federation of Federal Employees, Local 1454 and Veterans Administration Regional Office, Houston, Texas

NFFE Local 1454 and VA Houston (FLRA 0-NG-449): telephone monitoring appeal dismissed

The Veterans Administration planned to monitor telephone calls to evaluate service at its Houston regional office. NFFE Local 1454 proposed changes to staffing and the workspace, including employee-to-line ratios and noise reduction. The agency said the proposal fell outside bargaining over the…

February 10, 1982 ·FLRA
Procedural
COMM

Federal Prison System and American Federation of Government Employees, Local 2459

Federal Prison System and AFGE Local 2459 (FLRA 0-AR-87): overtime denial set aside

Federal Prison System employees had to collect keys and pouches from a control room before reaching their duty stations and return them after their shifts. Their union sought overtime pay for this time, but an arbitrator held that travel between the control room and posts was not legally work time…

February 10, 1982 ·FLRA
Set aside
COMM

Internal Revenue Service, National Computer Center and National Treasury Employees Union

IRS Computer Center and NTEU (FLRA 0-AR-156): removal of employee reprimand upheld

An IRS supervisor directed an employee to meet without a union representative. The employee declined unless a representative could attend, and the IRS issued a reprimand for insubordination. An arbitrator found that the employee reasonably expected possible discipline and was entitled to…

February 10, 1982 ·FLRA
Upheld
COMM

Social Security Administration, Denver, Colorado and AFGE Local 1802

SSA Denver and AFGE Local 1802 (FLRA 0-AR-151): snow-day compensatory time award set aside

A heavy snowstorm disrupted work at Social Security Administration offices in Denver. Employees who reported were released after four hours, while employees who stayed home were later excused for the whole day without a leave charge. An arbitrator awarded the workers who reported four hours of…

February 10, 1982 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 41 and Department of Health and Human Services, Office of the Secretary

AFGE Local 41 and HHS (FLRA 0-AR-150): position description remedy updated

An HHS employee grieved the agency's failure to process a revised position description prepared after a desk audit. The arbitrator found that HHS violated the collective bargaining agreement and ordered it to forward the September 1979 description to the personnel office. HHS argued that the…

February 10, 1982 ·FLRA
Modified
COMM

Corps of Engineers, Kansas City District and National Federation of Federal Employees, Local 29

Kansas City Corps of Engineers and NFFE Local 29 (FLRA 0-AR-118): probationary grievance dismissal set aside

The Army Corps of Engineers removed a probationary clerk typist for unacceptable performance. The employee grieved the removal, but an arbitrator held that federal law barred a negotiated grievance over whether a probationary employee would be retained. The union challenged that ruling. The…

February 10, 1982 ·FLRA
Set aside
COMM

American Federation of Government Employees, Local 1210 and Immigration and Naturalization Service

AFGE Local 1210 and INS (FLRA 0-AR-114): arbitration remedy for assignment changes upheld

The Immigration and Naturalization Service changed employee supervision and assignments at certain duty stations. AFGE Local 1210 grieved the change, arguing that the agency had failed to negotiate its impact. An arbitrator found a contract violation and ordered negotiations on request, but…

February 10, 1982 ·FLRA
Upheld
ALJ

Consolidation Coal Company

Ventilation citation upheld in settlement; danger order vacated

Consolidation Coal contested a ventilation citation and an imminent-danger withdrawal order issued after an inspector measured methane in an entry of its Blacksville No. 2 Mine. During the hearing, the parties agreed that the company would withdraw its challenge to the citation and MSHA would…

February 9, 1982 ·George A. Koutras ·FMSHRC
Settled
COMM

Matter of Hughes

50 percent ownership and control established an affiliate relationship

The Commissioner reviewed a visa petition for an intracompany transferee who had worked as a manager for a South African company connected to the United States petitioner. The petitioner owned 50 percent of the South African company, exercised de facto control, and used that company solely to sell…

February 9, 1982 ·BIA
Vacated
COMM

Matter of Richard

Haitian acknowledgment treated as legitimation

The Board reviewed a lawful permanent resident's visa petition for his son, who was born out of wedlock in Haiti and acknowledged by his natural father before age 18. The Board concluded that Haiti's 1959 Presidential Decree gave acknowledged children born after January 27, 1959, the same rights…

February 9, 1982 ·BIA
Remanded
ALJ

Consolidation Coal Company

Dust-sampling violation upheld; $150 assessed

Consolidation Coal contested a citation for failing to take a respirable-dust sample during a production shift at its Blacksville No. 2 Mine. The company argued that sampling need not begin on every production shift during the period allowed to correct an earlier dust violation. Judge Joseph B…

February 8, 1982 ·Joseph B. Kennedy ·FMSHRC
Citations affirmed
COMM

U.S. Department of the Army, 94th U.S. Army Reserve Command and AFGE Local 1900

Army Reserve Command and AFGE Local 1900 (FLRA 1-CA-274): official-time complaint dismissed

AFGE Local 1900's president worked for the Army's 94th Reserve Command but sought official time to negotiate for employees of a separate Army recruiting command. His employer denied the request, and the General Counsel alleged an unfair labor practice. The Authority found that the two commands had…

February 8, 1982 ·FLRA
Set aside
COMM

Secretary of Labor on behalf of Dunmire and Estle v. Northern Coal Company

Dunmire and Estle v. Northern Coal Company (FMSHRC WEST 80-313-D): Discrimination finding upheld, relief adjusted

Northern Coal discharged miners Michael Dunmire and James Estle after they refused work amid concerns about unstable roof and rib conditions. The Commission held that both miners had a good-faith, reasonable belief in a hazard and that the discharges violated the Mine Act's discrimination…

February 5, 1982 ·FMSHRC
Modified
ALJ

Mullin Creek Coal Company, Inc.

Nine miners awarded back pay for unlawful discharge

Nine miners at Mullin Creek's No. 1 Mine refused to continue work because of unsafe roof and ventilation conditions and were discharged. Judge Richard C. Steffey confirmed his earlier ruling that the discharges violated the Mine Act's discrimination provision. Four miners who wanted reinstatement…

February 5, 1982 ·Richard C. Steffey ·FMSHRC
Other
ALJ

Donald L. Lund v. Anamax Mining Company

Retaliation complaint dismissed

Miner Donald Lund alleged that Anamax Mining retaliated against him after he reported an unsafe condition involving a power shovel and raised other safety concerns. His amended complaint described 36 incidents, including disciplinary letters, alleged threats, and disputed attendance records. Judge…

February 4, 1982 ·John J. Morris ·FMSHRC
Other
ALJ

C F & I Steel Corporation

Ventilation violation upheld, unwarrantable failure vacated

C F & I Steel contested a withdrawal order issued after an inspector measured insufficient airflow in the last open crosscut at its Allen Mine. The company argued that the 9,000 cubic feet per minute requirement did not apply during an idle shift when coal was not being produced. Judge Jon D. Boltz…

February 4, 1982 ·Jon D. Boltz ·FMSHRC
Modified
COMM

Eastover Mining Company

Pump-control withdrawal order upheld under narrower reasoning

An inspector found a nonpermissible pump control box in a return airway at Eastover's mine, and a judge upheld the resulting violation. The Commission agreed that the standard was violated but rejected the judge's view that any such equipment in return air violates the rule even if it cannot be…

February 4, 1982 ·FMSHRC
Citations affirmed
ALJ

United States Steel Corporation

Five sanding citations upheld, S&S findings removed

United States Steel operated the Maple Creek No. 1 Mine, where an inspector issued five citations involving sanding devices on three personnel carriers across two inspection dates. The company argued that its operators could refill the devices before moving the carriers. Judge Forrest E. Stewart…

February 4, 1982 ·Forrest E. Stewart ·FMSHRC
Modified
COMM

Matter of Hall

Missionary fund-raising barred adjustment

The Board considered a Guyanese respondent's motion to reopen deportation proceedings so he could pursue adjustment of status. He worked as a Unification Church missionary, spending one-third to one-half of his time selling goods to raise funds and receiving housing, food, medical care…

February 4, 1982 ·BIA
Affirmed
COMM

Matter of Sauceda

Adoption did not meet Mexican law

The Board considered a United States citizen's motion to reopen a visa-petition case involving a child allegedly adopted in Tamaulipas, Mexico. At the time of the adoption, Tamaulipas law allowed adoption only by people who had no natural descendants, but the petitioner and his spouse had a living…

February 4, 1982 ·BIA
Procedural
ALJ

Metro Asphalt Company

Four citations upheld, one vacated

MSHA sought penalties against Metro Asphalt Company for equipment conditions at the Leyendecker Paving Pit and Plant. Judge Forrest E. Stewart found that a loader's parking brakes did not work and that a head pulley, V-belt drive, and tail pulley were inadequately guarded. He vacated a fifth…

February 4, 1982 ·Forrest E. Stewart ·FMSHRC
Mixed result
COMM

State of California National Guard and National Association of Government Employees Locals R12-125, R12-132, R12-146, R12-150, and R12-105

California National Guard and NAGE locals (FLRA 9-CA-44, 9-CA-95): impasse order violations upheld

Several NAGE locals charged that the California National Guard failed to follow Federal Service Impasses Panel orders from October 1978 and April 1979. An Administrative Law Judge found unfair labor practices. The Authority agreed that the Guard's refusal to comply violated 5 U.S.C. § 7116(a)(1)…

February 4, 1982 ·FLRA
Modified

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.