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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Cowin and Company, Inc.
Reconsideration denied on scope of dismissal
The Secretary asked the Commission to clarify its earlier decision involving Cowin and Company, Inc., by expressly stating that it had dismissed only two penalty petitions. The Commission had held that 30 C.F.R. § 77.1903(b) was not a mandatory safety standard. It explained that the petitions and…
Joseph A. Campbell v. The Anaconda Company
Review petition dismissed as premature
Anaconda petitioned for Commission review after a judge found that it had unlawfully discharged Joseph Campbell and awarded back pay and attorney fees. The judge had not yet set the monetary amounts and said further orders would follow if the parties could not agree. The Commission held that the…
White Pine Copper Division, Copper Range Company
Roof support citation upheld with lower penalty
White Pine Copper mined a demonstration drift at its underground copper mine without roof bolts, and MSHA cited it for lacking ground support. Judge James A. Laurenson credited testimony about unstable roof conditions in that drift and found support necessary there. He also concluded that the…
Old Dominion Power Company
Utility citation affirmed and $3,000 penalty assessed
Old Dominion Power challenged an MSHA citation after one of its employees was electrocuted while working at a substation supplying a coal mine. Judge Richard C. Steffey held that the utility was an independent contractor and mine operator for this work, so MSHA could enforce its high-voltage safety…
AFGE Local 1917 and Immigration and Naturalization Service
Immigration arbitration exceptions dismissed as late
AFGE Local 1917 filed exceptions to an August 12, 1981 arbitration award involving the Immigration and Naturalization Service. The Authority calculated a September 10 deadline, but the filing arrived September 29. It dismissed the exceptions as untimely and did not address the award's merits.
Witco Chemical Corp.
Citation 2 remanded for further proceedings
The parties settled citation 1, and the judge approved that agreement; it became a final Commission order and was not before the Commission on review. Because the settlement did not address citation 2, the Commission remanded the case to the administrative law judge for further proceedings on that…
E. I. Du Pont de Nemours & Company
Settlement and withdrawal approved
The Commission approved the parties' stipulation of settlement and notice of withdrawal. The brief order does not identify the underlying citations, standards, penalties, or specific settlement terms.
United Mine Workers of America on behalf of Gary L. Shreve v. Consolidation Coal Company
UMWA on behalf of Gary L. Shreve v. Consolidation Coal Company (FMSHRC WEVA 81-378-D): Discrimination complaint dismissed
The United Mine Workers of America alleged that Consolidation Coal interfered with miner Gary Shreve's rights after safety complaints about equipment at the McElroy Mine. Judge Gary Melick found that a supervisor had discussed removing Shreve from a scoop car partly because he believed Shreve had…
Secretary of Labor (MSHA) v. Fancy Mining Company, Inc.
Fancy Mining Company, Inc. (FMSHRC WEVA 80-730): Settlement approved at $2,000
MSHA sought a civil penalty from Fancy Mining Company in a case concerning the J & J No. 2 Mine. Judge James A. Laurenson initially denied a joint settlement motion, then held a hearing and reconsidered the parties' renewed request. He found the proposed settlement consistent with the Mine Act's…
Carroll D. Tenney v. Eastern Associated Coal Corporation
Miner discrimination complaint dismissed
Carroll D. Tenney alleged that Eastern Associated Coal Corporation fired him in retaliation for safety committee work and other safety activity. The dispute arose after he refused a foreman's order to walk about 2,500 feet along a mine haulageway to his work area. After a hearing, Judge Michael A…
Western Steel Corporation
Tank-valve citation vacated during a welding pause
Western Steel contested an MSHA citation for leaving oxygen and acetylene tank valves open while a worker stepped away from a torch to obtain more angle iron. The worker shut the valves at the torch head and was away for no more than 20 minutes while preparing to continue the same welding job…
Peabody Coal Company
Explosives-magazine citation affirmed with $1,000 penalty
MSHA cited Peabody Coal for failing to protect an explosives magazine from a potential roof fall at its Star North underground mine. Judge George A. Koutras found that the magazine stood near a roof fall and a cracked roof, with only three timbers around it and no crossbars above it. He affirmed…
Michigan Civilian Technicians Council and Michigan Air National Guard
Vehicle-entry sticker appeal dismissed as moot
A Michigan technicians union proposed civilian entry stickers for all technicians after the Air National Guard changed motor-vehicle registration rules at Selfridge Air Base. The activity alleged the proposal conflicted with an Air Force regulation. After the union appealed, the agency withdrew its…
NTEU and Internal Revenue Service
IRS union-access and personnel proposals split
NTEU sought bargaining over five proposals affecting union representatives and IRS workplaces. The Authority rejected a provision giving representatives automatic access to every work area because it conflicted with the IRS's tax-data security plan. It directed bargaining on proposals 2 through 4…
NAGE and Langley Air Force Base
Removal-award exceptions dismissed for lack of jurisdiction
NAGE sought Authority review of an ad hoc arbitration panel's refusal to overturn an employee's removal at Langley Air Force Base. The Authority held that removal falls within the adverse-action category referenced by section 7121(f), so exceptions could not be filed under section 7122(a). It…
Marine Corps Twentynine Palms and AFGE Local 2018
Marine Corps arbitration exceptions dismissed one day late
AFGE Local 2018 filed exceptions to an arbitrator's September 30, 1981 award at the Marine Corps center in Twentynine Palms. The Authority calculated an October 29 deadline, but the exceptions arrived October 30. It dismissed the filing as untimely without reviewing the award's merits.
Secretary of Labor (MSHA) v. Bull Run Mining Company, Inc.
Bull Run Mining Company, Inc. (FMSHRC WEVA 81-550): Roof support citation settled for $350
MSHA sought a $750 civil penalty from Bull Run Mining Company for a roof support citation at its Meredith Mine. The Secretary said a cut made to accommodate equipment left an area where roof bolts were farther from the rib than the roof control plan required, but argued that the short duration and…
Secretary of Labor on behalf of Gordon S. Bennett and others v. Emery Mining Corporation
Secretary of Labor on behalf of Gordon S. Bennett and others v. Emery Mining (FMSHRC WEST 80-489-D(A)): Training pay awarded to twelve miners
Emery Mining required applicants for underground jobs to obtain 32 hours of safety training before it would consider hiring them. After hiring twelve of those applicants, Emery counted that training toward its new miner training requirement without paying for the training time or related costs…
Secretary of Labor (MSHA) v. Lone Star Industries, Inc.
Lone Star Industries, Inc. (FMSHRC VA 80-67-M): Unsafe train riding citation and $6,000 penalty affirmed
Lone Star Industries moved loaded railroad cars by letting them roll downhill at its Jack Plant, with a brakeman riding on a car to control the descent. A brakeman was fatally injured when the lead moving car collided with a parked car after its coupling device failed to connect. The judge found…
Charles Harvey v. Howard Quarries
Harvey v. Howard Quarries (FMSHRC CENT 81-9-DM): Discrimination complaint dismissed
Charles Harvey alleged that Howard Quarries discharged him because he complained about dust and requested a respirator. The judge credited testimony that Harvey had not asked his supervisor for a mask or complained about safety. He found that Harvey was discharged for poor work performance…
Litton Systems, Inc., Ingalls Shipbuilding Division
A 25 to 30 foot blind spot on a straddle carrier is a recognized hazard whose obviousness supplies recognition
Ingalls runs a shipbuilding and repair yard at Pascagoula, Mississippi, where 30-ton and 50-ton straddle carriers move loads along streets and walkways used by several hundred employees. The operating cab of the 30-ton carrier sits on a deck high above the wheels, over an open bay where loads are…
Peter Cooper Corporations
Anthrax vaccination held a feasible abatement, general duty citation reinstated alongside the protective equipment citation
Peter Cooper's Camden plant makes gelatin from animal bone, sixty percent of it imported. Workers open bags of raw bone and empty them onto a conveyor, which raises bone dust. In October 1975 a worker named Junior Thomas, at the plant since 1943 though classified as a "casual employee," was…
Secretary of Labor (MSHA) on behalf of James W. Furman v. A. Ferrante & Sons, Inc.
Furman v. A. Ferrante & Sons (FMSHRC YORK 81-27-DM): Discrimination complaint dismissed
MSHA brought a discrimination complaint on behalf of James W. Furman against A. Ferrante & Sons. The judge found that Furman's alleged health hazard report came after he had voluntarily left his job, with no claim that a refusal to reinstate or rehire him was retaliatory. After reviewing Furman's…
Point Mugu NAGE-NFFE Joint Council and Navy Pacific Missile Test Center
Point Mugu appeal dismissed for filing deficiencies
A union council appealed negotiability issues at the Navy's Point Mugu test center. The Authority notified it of specific filing deficiencies and gave it time to complete the petition. The council made no submission by the deadline. The Authority dismissed the appeal for failure to comply with its…
AFGE Local 3804 and FDIC Chicago Region
FDIC appraisal proposals receive split ruling
AFGE Local 3804 proposed eight provisions for FDIC performance appraisals. The Authority rejected the FDIC's broad claim that its government-corporation status barred bargaining and found no compelling need for its existing appraisal handbook as a general bar. It nevertheless divided the terms by…
NTEU and Internal Revenue Service
IRS work-count proposals receive split ruling
NTEU proposed six rules for counting microfilm research tasks used in IRS performance records. The Authority directed bargaining on proposals 1 through 5 because they defined how completed work would be counted without controlling the assignment of work. It rejected proposal 6 because it required a…
Community Services Administration and AFGE Council of CSA Locals
Training-travel award modified to remove per diem
A Community Services Administration training course required out-of-town employees to travel on Sunday. The arbitrator found the schedule violated the agreement and awarded two hypothetical weekend days of per diem, though the employees were not in travel status on those days. The Authority held…
Air Force Logistics Command and International Association of Fire Fighters
Five firefighter units offered consolidation vote
The firefighters' union petitioned to consolidate five Air Force Logistics Command fire-protection units that it already represented. The Air Force disputed whether a single unit would share a community of interest or improve labor relations. The Authority found the consolidated unit appropriate…
Granite State Civilian Technicians and New Hampshire Adjutant General
Preparation time for bargaining held negotiable
A New Hampshire technicians association proposed official time to review management's proposals before the first bargaining session. The Adjutant General said this preparation was outside section 7131(a). The Authority agreed that subsection (a) did not cover preparation, but held the amount of…
General Dynamics Corporation, Electric Boat Division
PPE-use issue remanded for hearing
The judge vacated a personal protective equipment item after concluding that the standard's use requirement was invalid and imposed no duty to provide equipment. Intervening Commission precedent rejected the invalidity theory, so the Commission reversed. Because the Secretary abandoned the…
Consolidation Coal Company v. Secretary of Labor (MSHA)
Consolidation Coal Company (FMSHRC WEVA 81-441): Fire hazard settlement approved at $400
Consolidation Coal Company and the Secretary sought approval of a settlement involving an order at the Pursglove No. 15 mine. Judge Joseph B. Kennedy described a serious fire hazard on a beltway and called the violation an unwarrantable failure. He thought the proposed reduction from $750 to $400…
Rosalie Edwards v. Aaron Mining, Inc.
Edwards v. Aaron Mining (FMSHRC WEST 80-441-DM): ALJ discrimination award later reversed
Rosalie Edwards worked as an assayer at Aaron Mining's gold mine and repeatedly reported that the available toilet was distant and unsanitary. Judge John J. Morris found that her written safety complaints were protected activity and that the lack of suitable facilities constructively discharged…
Secretary of Labor (MSHA) v. Southwestern Illinois Coal Corp.
Southwestern Illinois Coal Corp. (FMSHRC LAKE 81-68): Stop cord violation upheld, dozer alarm citation vacated
MSHA cited Southwestern Illinois Coal Corp. for an inoperable emergency stop cord on a conveyor and for a dozer whose warning horn did not work. Judge Charles C. Moore, Jr. found that the conveyor was unguarded and its stop cord inoperable, and assessed $100 for that violation. He found that the…
Matter of Alphonse, et al.
Detained applicants could not change venue
The Board reviewed competing interlocutory appeals about the venue of exclusion proceedings for 36 Haitian applicants detained in New York after arriving near Miami. The applicants sought to move their proceedings to a larger population center, while the Service argued that an Immigration Judge…
Frank Ornelas v. Phelps Dodge Corporation
Ornelas v. Phelps Dodge (FMSHRC CENT 80-249-DM): Truck driver's discrimination complaint dismissed
Frank Ornelas, a haul truck driver at Phelps Dodge's copper mine, said he was fired after a truck collision because he had earlier warned that the crusher's two truck bays were unsafe. Judge Jon D. Boltz found that Ornelas's safety complaint was protected activity. The judge found no evidence…
P & A Construction Company, Inc.
Late contest reinstated for excusable neglect
P & A's attorney dictated a timely notice of contest, but a temporary secretary inadvertently merged the dictation into another matter and incorrectly said it had been mailed. Counsel promptly filed after discovering the mistake. Applying Federal Rule of Civil Procedure 60(b), the Commission found…
Mathies Coal Company v. Secretary of Labor (MSHA)
Mathies Coal Company (FMSHRC PENN 81-213-R): Escapeway citation affirmed
Mathies Coal Company contested a citation for changing escapeway routes at its Mathies Mine after an elevator at Linden Portal failed. The company kept miners working and directed them to alternative routes without an approved bypass. Judge James A. Laurenson found that the escapeway regulation…
Secretary of Labor (MSHA) v. Richard A. Douglass & Sons
Richard A. Douglass & Sons (FMSHRC YORK 81-23-M): Eleven-citation settlement approved at $300
MSHA proposed $466 in penalties for 11 citations at Richard A. Douglass & Sons' Beckler Pit & Mill. The parties agreed to vacate three citations for unguarded machinery and expand three related citations covering the same equipment areas. They proposed a $300 settlement, citing the overlap and the…
Secretary of Labor (MSHA) on behalf of Johnny N. Chacon v. Phelps Dodge Corporation
Chacon v. Phelps Dodge (FMSHRC WEST 79-349-DM): Commission reversal later overturned
Johnny Chacon, a locomotive operator and union safety representative at Phelps Dodge's copper mine, received a written warning and a three-day unpaid suspension after two derailments. The Commission agreed with the ALJ that Chacon had engaged in protected safety activity and that circumstantial…
William C. McClain v. Westmont Coal Company, Inc.
McClain v. Westmont Coal (FMSHRC PENN 81-162-D): Discrimination complaint dismissed
William C. McClain, a member of Westmont Coal's mine safety committee, challenged an unpaid suspension after his discharge had been modified in arbitration. His committee work and safety complaints were protected activity, but Judge Gary Melick found insufficient evidence that they motivated the…
Tidewater Federal Employees Metal Trades Council and Norfolk Naval Shipyard
Safety-shoe reimbursement appeal dismissed as moot
A union appealed the Norfolk Naval Shipyard's claim that a safety-shoe reimbursement proposal conflicted with a Navy regulation. The agency then withdrew its allegation that the proposal was outside the duty to bargain. The Authority found no remaining negotiability issue and dismissed the petition…
Matter of Tanahan
Adjustment of status denied as a matter of discretion
The Regional Commissioner reviewed an Iranian applicant's request to adjust his status to that of a lawful permanent resident. The applicant had been paroled to an airline for removal after withdrawing his application for admission, but he later remained in the United States and sought adjustment…
Beraldo Grijalva v. Oracle Ridge Mining Partners
Grijalva v. Oracle Ridge Mining Partners (FMSHRC WEST 81-255-DM): Complaint dismissed at miner's request
Beraldo Grijalva appeared for a hearing on his discrimination complaint against Oracle Ridge Mining Partners. The attorney he had contacted was unavailable, and Grijalva said he did not wish to proceed on his own and wanted to drop the case. Judge Virgil E. Vail found that Grijalva had received…
AFGE CSA Locals and Community Services Administration
Three CSA negotiability appeals dismissed after agency closed
AFGE appealed negotiability disputes in three Community Services Administration cases. The agency's statutory closure on October 1, 1981 made the disputes with CSA moot. The Authority dismissed all three petitions because deciding them would amount to an advisory opinion. It made no ruling on…
NFFE Local 29 and Kansas City Corps of Engineers
Late agency review did not create negotiability appeal
The Kansas City Corps of Engineers did not finish reviewing a local agreement within the statutory thirty days, so the agreement took effect. The agency later called several terms unenforceable, and NFFE Local 29 sought negotiability review. The Authority held that the effective agreement did not…
AFGE Local 2904 and Marine Corps Finance Center
Grievance-choice provision held nonnegotiable
The Marine Corps disapproved a contract provision that generally allowed employees to choose a statutory appeal instead of the negotiated grievance process. The Authority held that section 7121(a)(1) permits such a choice only in limited statutory situations. Because the provision was broader, it…
Secretary of Labor (MSHA) v. Mid-Continent Coal and Coke Company
Mid-Continent Coal and Coke (FMSHRC DENV 76-83-P): Dust sampling notice vacated, five other findings upheld
Mid-Continent Coal and Coke appealed findings on an order and five notices issued under the 1969 Coal Act. The Commission upheld two methane and ventilation findings, another ventilation finding, and two findings concerning workers' eye protection. It vacated a respirable dust sampling notice…
Army Materiel Development and Readiness Command and AFGE Local 1658
Army dues-revocation rule partly held unlawful
The Army let employees cancel union-dues deductions at any time after their first year of authorization. On a stipulated record, the Authority interpreted section 7115(a) to permit cancellation only at one-year intervals. It found unfair labor practices under sections 7116(a)(1) and (8), ordered…
Secretary of Labor (MSHA) v. Kennedy Brothers Acton Sand & Gravel
Kennedy Brothers Acton Sand & Gravel (FMSHRC YORK 81-46-M): Nine citations assessed at $747
MSHA sought penalties for nine conditions at Kennedy Brothers Acton Sand & Gravel's Acton Plant, including conveyor and crusher guarding and unsafe access. The operator stipulated that the cited conditions existed and had been abated in good faith. At the hearing, the parties changed two guarding…
Beckley Coal Mining Company v. Secretary of Labor (MSHA)
Beckley Coal Mining Company (FMSHRC WEVA 81-436-R): Bleeder citation vacated, companion contest dismissed
Beckley Coal Mining Company contested a citation alleging that its bleeder ventilation failed to control methane in an abandoned panel. Judge Gary Melick found that methane readings above two percent in one crosscut did not alone prove a violation of 30 C.F.R. § 75.329. He credited evidence of air…
Secretary of Labor (MSHA) v. Cowin and Company, Inc.
Cowin and Company (FMSHRC HOPE 76-210-P): Wire rope penalties dismissed
Cowin and Company challenged penalties based on a wire rope provision that directed operators to use ANSI specifications as a guide. The Commission held, as it did in a companion decision involving Jim Walter Resources and Cowin, that 30 C.F.R. § 77.1903(b) imposed no mandatory duty. It also…
Secretary of Labor (MSHA) v. Kerr-McGee Corporation
Kerr-McGee Corporation (FMSHRC CENT 79-156-M): Safety line violation affirmed
An investigation at Kerr-McGee's uranium mine followed a miner's fatal fall into a borehole in a shaft floor. The miner had attached a safety belt to a 20-foot cable in a way that allowed a possible fall of about 9.5 feet into the opening. The Commission held that 30 C.F.R. § 57.15-5 required…
Secretary of Labor (MSHA) v. Jim Walter Resources, Inc. and Cowin and Company, Inc.
Jim Walter Resources and Cowin (FMSHRC BARB 77-266-P): Wire rope guide held nonmandatory
Cowin and Company was sinking a shaft at Jim Walter Resources' mine when a wire rope broke and a worker was killed. Both companies received notices of violation under 30 C.F.R. § 77.1903(b), which said ANSI wire rope specifications "shall be used as a guide." After an earlier remand, an ALJ…
Victor McCoy v. Crescent Coal Company
McCoy v. Crescent Coal (FMSHRC PIKE 77-71): Review petition dismissed as premature
An ALJ found that Crescent Coal had unlawfully discharged Victor McCoy after he refused to ride an unsafe belt line into the mine. The judge ordered back pay and attorney fees but left their amounts for further proceedings. Crescent sought Commission review before those amounts were set. The…
Naval Air Station Corpus Christi and NFFE Local 797
Employee arbitration exceptions dismissed as late
A grievant filed exceptions to an August 23, 1981 arbitration award at Naval Air Station Corpus Christi. The Authority calculated a September 21 deadline, but the exceptions arrived September 30. It dismissed the filing as untimely without addressing the award's merits.
Marine Corps Logistics Base Barstow and AFGE Local 1482
Barstow arbitration exceptions dismissed as late
AFGE Local 1482 filed exceptions to a July 15, 1981 arbitration award. They were due at the Authority's national office by August 13, but the union filed in the Los Angeles regional office on August 18, and Washington received them in September. The Authority dismissed the exceptions as untimely…
Secretary of Labor (MSHA) v. Sewell Coal Company
Sewell Coal Company (FMSHRC WEVA 79-31): ALJ dismissal of canopy case later reversed
After a Commission remand, Judge Joseph B. Kennedy considered whether a greater hazard defense was available to Sewell Coal Company in a canopy enforcement case. He found that installing canopies on the cited equipment was technologically impractical or would diminish miner safety under the…
Secretary of Labor (MSHA) v. Inverness Mining Company
Inverness Mining Company (FMSHRC LAKE 81-45-M): $1,500 roof fall settlement later modified
MSHA cited Inverness Mining Company under a ground examination and control standard after a nonfatal roof fall at Minerva Mine No. 1. The Secretary initially proposed $2,500, then offered to settle for $1,000. Judge Joseph B. Kennedy rejected that amount and approved the parties' amended agreement…
Secretary of Labor (MSHA) v. Missouri Gravel Company
Missouri Gravel Company (FMSHRC LAKE 80-83-M): Guarding case remanded for factual hearing
MSHA cited Missouri Gravel Company for five allegedly unguarded conveyor pulleys. An ALJ dismissed the proposed penalties on summary decision, finding no realistic risk that workers would contact the pulleys. The Commission found that the parties disputed material facts about access, exposure, and…
Secretary of Labor (MSHA) v. Basic Refractories
Basic Refractories (FMSHRC LAKE 79-32-M): Mixed citation rulings produce $341 penalty
MSHA pursued 13 citations involving guarding and access at Basic Refractories' quarry and plant. Judge John F. Cook found one unsafe access violation and assessed $125 for it. He vacated three guarding citations because the Secretary had not proved them, approved a $216 settlement of three others…
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.