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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ALJ

Secretary of Labor (MSHA) on behalf of Leonard Cunningham et al. v. Subreg Corporation

Discrimination complaint settled

The Secretary, acting for Leonard Cunningham and other complainants, and Subreg Corporation asked to dismiss a mine safety discrimination complaint after reaching an agreement. Judge Joseph B. Kennedy independently reviewed the settlement and found it consistent with the Mine Act's purposes. He…

June 24, 1981 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

Secretary of Labor (MSHA) v. Capitol Aggregates, Inc.

One illumination citation upheld and one vacated

MSHA cited Capitol Aggregates for inadequate lighting in two areas of its cement plant. The Commission upheld the citation for the coke storage bin because the fixed light was out, workers could need to repair the equipment at night, and the operator had not shown that flashlights or portable…

June 24, 1981 ·FMSHRC
Mixed result
ALJ

Secretary of Labor (MSHA) v. Ron Coal Company

Overhanging tree violation settled for $175

An MSHA inspector cited Ron Coal Company because a tree with exposed roots leaned over a highwall where a worker was drilling. Judge Forrest E. Stewart found that leaving the tree in place without removing it or posting the area violated 30 C.F.R. § 77.1004(b). He found moderate negligence and a…

June 24, 1981 ·Forrest E. Stewart ·FMSHRC
Settled
COMM

Johns-Manville Corporation

Asbestos removal PPE violation affirmed

Johns-Manville employees removed asbestos insulation from hot gas ducts without Type C supplied-air respirators and special clothing. The judge had required proof that asbestos exposure exceeded the standard's numerical limits. Applying intervening precedent, the Commission held that all employees…

June 24, 1981 ·OSHRC
Citations affirmed
COMM

Secretary of Labor (MSHA) v. Solar Fuel Company

Equipment permissibility ruling reversed and remanded

MSHA cited Solar Fuel Company because a continuous miner and a roof bolting machine were not in permissible electrical condition. Both were outby the last open crosscut when inspected, but Solar intended to use them inby it. A judge vacated the citations because the machines had not yet been taken…

June 23, 1981 ·FMSHRC
Remanded
COMM

New York State Nurses Association (Union) and Veterans Administration, Bronx Medical Center (Activity)

Bronx veterans agreement appeal dismissed after late disapproval (FLRA O-NG-486)

A Bronx veterans medical center and nurses union executed an agreement on February 9, 1981. The agency issued its written disapproval 77 days later, after the statutory thirty day review period. The Authority held that the agreement had taken effect subject to law and dismissed the negotiability…

June 23, 1981 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 1897, AFL-CIO (Union) and Commander, Eglin Air Force Base, Florida (Activity)

Air Force arbitration exceptions dismissed one day late (FLRA O-AR-243)

An Air Force union challenged an arbitration award dated May 1, 1981. Its exceptions were due June 1 but were filed June 2. The Authority said it could not extend or waive the filing period and dismissed the exceptions without reviewing the award.

June 23, 1981 ·FLRA
Procedural
COMM

Joseph J. Stolar Construction Company, Inc.

Serious trenching violation affirmed

Joseph J. Stolar Construction was installing underground pipe when a trench wall collapsed and fatally buried one employee. A 25-foot segment contained a significant band of wet, pumpy soil, but employees worked in the trench without shoring and without sloping from the bottom. The Commission held…

June 22, 1981 ·OSHRC
Citations affirmed
ALJ

John L. Haviland, Robert P. Haviland, and Cleve Rentschler, d/b/a/ Haviland Brothers Coal Company

Haviland Brothers Coal Company (FMSHRC VINC 79-93-P and VINC 79-102-P): Coal mine sampling and survey citations affirmed

Haviland Brothers Coal Company operated a small surface coal mine in Indiana. MSHA cited the operator for failing to submit initial respirable dust samples and conduct and report an initial noise survey. The operator argued that its local, family-run business was outside the Mine Act's reach and…

June 19, 1981 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Johnny Howard v. Martin-Marietta Corporation

Discharge for safety complaint found unlawful

Johnny Howard operated a front-end loader at Martin-Marietta's rock quarry in South Carolina. He complained about faulty brakes, refused to work on the loader, and left the site to call OSHA for an inspection; OSHA referred the complaint to MSHA. Martin-Marietta discharged him, citing his departure…

June 19, 1981 ·James A. Broderick ·FMSHRC
Other
COMM

Matter of Colley, et al.

Specialized aerial survey skills supported intracompany transfers

The Commissioner considered whether four employees of a Canadian aerial-survey company could transfer to its United States subsidiary as intracompany transferees. The jobs were aerial survey pilot, survey pilot and navigator, aerial photographer, and aerial camera operator. The Commissioner held…

June 19, 1981 ·BIA
Affirmed
ALJ

Secretary of Labor (MSHA) v. Fuel Fabricators, Inc. and Indiana Steel and Fabricating Co.

Fuel Fabricators and Indiana Steel (FMSHRC PENN 80-267): Construction site violations allocated between operators

Fuel Fabricators owned a new coal preparation plant, with Indiana Steel as its builder and Meyer Brothers as its electrical contractor. MSHA alleged five safety violations during construction: combustible debris near a flammable liquid tank and four electrical equipment conditions. Judge Joseph B…

June 18, 1981 ·Joseph B. Kennedy ·FMSHRC
Mixed result
COMM

Internal Revenue Service, Birmingham District Office (Activity) and National Treasury Employees Union, NTEU Chapter 12 (Union)

IRS promotion grievance remedy upheld (FLRA O-AR-89)

An IRS arbitrator found contract violations in two promotion competitions and ordered corrective consideration for five original applicants. The union argued that relief should be limited to employees who had grieved; the agency also filed an exception. The Authority rejected the union’s contract…

June 18, 1981 ·FLRA
Upheld
COMM

Director of Administration, Headquarters USAF (Activity) and AFGE-GAIU Council of Headquarters, Locals, AFL-CIO (Union)

Air Force military position grievance award upheld (FLRA O-AR-79)

A civilian Air Force analyst grieved the designation of higher grade positions as military positions, arguing that it denied him promotion opportunities. The arbitrator denied that part of the grievance. The Authority found that the union’s objections did not show a violation of law or an improper…

June 18, 1981 ·FLRA
Upheld
COMM

U.S. Naval Station, Mayport, Florida (Activity) and American Federation of Government Employees, Local 2010, AFL-CIO (Union)

Mayport foreman assignment award set aside (FLRA O-AR-44)

At Mayport Naval Station, an arbitrator relied on an expired agreement’s rotation rule to grant a worker a chance to serve as acting foreman and to redo a promotion action. The Authority found that the station had properly ended the rule as to supervisory positions after the agreement expired. It…

June 18, 1981 ·FLRA
Set aside
COMM

Aberdeen Lodge No. 2424, International Association of Machinists and Aerospace Workers (Union) and Aberdeen Proving Ground Command, Department of the Army (Activity)

Aberdeen railroad repairer selection award upheld (FLRA O-AR-185)

An Aberdeen employee grieved his nonselection for a railroad repairer job after the agency chose another best qualified applicant. The arbitrator found no contract breach. The Authority rejected the union’s challenges to the evidence and the selection ruling and sustained the award.

June 18, 1981 ·FLRA
Upheld
COMM

Matter of Aiyar

Dependent's adjustment application was denied

The Regional Commissioner reviewed an application for adjustment under section 13 of the Act of September 11, 1957. The applicant was an Indian citizen admitted as an immediate family member of his father, a principal alien admitted in a diplomatic status under section 101(a)(15)(G)(i) of the…

June 17, 1981 ·BIA
Affirmed
COMM

Internal Revenue Service, Washington, DC (Respondent) and National Treasury Employees Union (Charging Party)

IRS promotion retaliation finding reversed (FLRA 5-CA-230)

An IRS employee was not selected for revenue representative jobs after an upset exchange at a grievance meeting. The judge found her protected grievance activity had influenced the decision and found an unfair labor practice. The Authority adopted a test allowing the agency to show it would have…

June 17, 1981 ·FLRA
Set aside
COMM

Department of Health, Public Health Service, Office of the Assistant Secretary for Health Washington, DC (Activity) and American Federation of Government Employees, Local 41, AFL-CIO (Petitioner)

Public Health Service unit elections directed (FLRA 3-RO-57)

A Public Health Service union sought an election for Washington area staff of the Office of the Assistant Secretary for Health. The Authority directly decided the unit petition, with no regional decision under review. It found a Washington area unit appropriate rather than joining those employees…

June 17, 1981 ·FLRA
Other
COMM

Director of Administration Headquarters, U.S. Air Force (Respondent) and AFGE-GAIU Council of HQ Air Force Locals, AFL-CIO (Charging Party)

Air Force contracting information complaint dismissed (FLRA 3-CA-94)

An Air Force union requested service contract information to administer a provision about replacing civilian workers with contractors. The judge found the information unnecessary to that purpose where no unit employees had been adversely affected and no related grievance was pending. The Authority…

June 17, 1981 ·FLRA
Upheld
COMM

Norfolk Naval Shipyard, Portsmouth, Virginia (Respondent) and Tidewater Virginia Federal Employees Metal Trades Council (Charging Party)

Norfolk crane operator bargaining and meeting violations found (FLRA 3-CA-435)

A Norfolk shipyard assigned crane lubrication and log duties without bargaining over procedures and employee effects. The judge found that violation but dismissed an allegation about formal meetings with employees. The Authority found the meetings also violated the union’s right to advance notice…

June 17, 1981 ·FLRA
Mixed result
COMM

West Point Elementary School, United States Military Academy, West Point, New York (Activity) and West Point Elementary School Teachers Association (Labor Organization/Petitioner)

West Point teacher librarians included in unit (FLRA 2-CU-19)

A West Point school unit petition asked whether two teacher librarians were supervisors. The Authority directly decided the petition, with no regional decision under review. It found that their occasional assignment of library technicians’ routine work did not show independent supervisory…

June 17, 1981 ·FLRA
Other
COMM

Department of the Navy, Portsmouth Naval Shipyard, Portsmouth, New Hampshire (Activity) and International Association of Fire Fighters, Local F-123 (Petitioner)

Portsmouth fire captains included in unit (FLRA 1-CU-14)

A Portsmouth naval shipyard union sought to include four fire captains in its firefighter bargaining unit. The Authority directly decided the petition, with no regional decision under review. The parties agreed the captains were not supervisors under the later statutory definition, and the…

June 17, 1981 ·FLRA
Other
ALJ

Secretary of Labor (MSHA) ex rel. Thomas Robinette v. United Castle Coal Company

Thomas Robinette v. United Castle Coal (FMSHRC VA 79-141-D): Discharge ruling reaffirmed after remand

United Castle Coal discharged miner Thomas Robinette after incidents involving a belt conveyor, mine phone, cap cord and other work duties. On remand, Chief Judge James A. Broderick addressed whether the company would have fired Robinette for unprotected conduct alone, apart from his protected…

June 16, 1981 ·James A. Broderick ·FMSHRC
Other
ALJ

Ozark-Mahoning Company v. Secretary of Labor (MSHA)

Ozark-Mahoning Company (FMSHRC LAKE 80-253-RM): Two citation contests resolved after related penalty decision

Ozark-Mahoning contested two MSHA citations at its Barnett Mine. The company agreed to consolidate the citation contests with related penalty cases, but those cases were heard by another judge. Judge Charles C. Moore, Jr. said the related decision accepted a settlement on one citation and assessed…

June 16, 1981 ·Charles C. Moore, Jr. ·FMSHRC
Citations affirmed
ALJ

United Nuclear - Homestake Partners

Uranium mine citations settled or decided

United Nuclear - Homestake Partners contested 25 MSHA citations issued at three mines, including two uranium mines. Judge Virgil E. Vail approved settlements for 16 citations, affirmed four contested citations, and vacated five. He found violations involving a shaft track without an effective…

June 16, 1981 ·Virgil E. Vail ·FMSHRC
Mixed result
ALJ

Arch Hoover v. Island Creek Coal Company

Miner’s discrimination complaint denied

Arch Hoover alleged that Island Creek Coal Company discriminated against him by refusing to let him hold or obtain a mechanic’s job at its North Branch Mine. The job required certification as an electrician, and Hoover did not have it. Judge Richard C. Steffey found that Hoover had sometimes done…

June 15, 1981 ·Richard C. Steffey ·FMSHRC
Other
COMM

Decision of Request for General Statement of Policy or Guidance

Overseas education dismissal rescinded (FLRA O-AR-153)

The Overseas Education Association sought reconsideration of an October 1980 order dismissing its arbitration appeal. Documents supplied with the request showed that its exceptions had actually been filed on time. The Authority therefore rescinded the dismissal. This short order reopened the…

June 15, 1981 ·FLRA
Procedural
ALJ

Secretary of Labor on behalf of Gary M. Bennett v. Kaiser Aluminum and Chemical Corporation

Complaint dismissed after investigation of safety concern

Gary Bennett, a pipefitter at Kaiser Aluminum’s Baton Rouge alumina plant, complained that removing protective blinds from a sand trap made his work unsafe. Kaiser suspended him for 30 days without pay after he refused to return to work. Judge James A. Broderick held that Bennett’s initial safety…

June 15, 1981 ·James A. Broderick ·FMSHRC
Other
ALJ

American Materials Corporation

One powerline citation vacated, warning violation upheld

MSHA cited American Materials after a truck driver hauling material from its sand and gravel pit was electrocuted when a powerline contacted his raised truck bed. Judge John F. Cook vacated the citation under 30 C.F.R. § 56.12-71 because the company had not required equipment to operate within ten…

June 12, 1981 ·John F. Cook ·FMSHRC
Mixed result
ALJ

Secretary of Labor on behalf of Robert E. Stafford v. Western Nuclear, Inc.

Miner fired after refusing to ride tank rakes

Western Nuclear operated an open pit uranium mine and mill at the Sherwood Project in Washington. After a suspended platform malfunctioned, a sandblasting crew worked from rake assemblies inside a yellowcake precipitation tank and rode the electrically driven rakes to reach different areas. Robert…

June 11, 1981 ·Jon D. Boltz ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor on behalf of Otis G. Lawson v. Paramont Mining Corp.

$3,500 discrimination settlement approved

The Secretary asked to withdraw a discrimination complaint brought on behalf of miner Otis Lawson against Paramont Mining Corp. Lawson and Paramont had reached an agreement that included a release of the discrimination claim. Judge Joseph B. Kennedy independently reviewed the settlement and found…

June 11, 1981 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

American Federation of Government Employees, Local 738, AFL-CIO (Union) and U.S. Department of the Army, Fort Leavenworth, Kansas (Activity)

Negotiability appeal dismissed after late filing (FLRA O-NG-468)

An agency served a nonnegotiability allegation on a union on March 27, 1981. The union filed its petition on April 24, outside the fifteen day period. The Authority dismissed the appeal without deciding the proposal’s negotiability.

June 11, 1981 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 32, AFL-CIO (Union) and Office of Personnel Management, Washington, DC (Agency)

OPM reorganization bargaining appeals dismissed (FLRA O-NG-328)

An OPM union sought impact bargaining over training proposals after three reorganizations. The agency did not claim the proposals were inherently nonnegotiable but disputed whether it had a duty to bargain at that time. The Authority held that the dispute concerned the underlying bargaining…

June 11, 1981 ·FLRA
Procedural
COMM

National Treasury Employees Union and NTEU Chapter 66 (Union) and Department of the Treasury, Internal Revenue Service, Kansas City Service Center, Missouri (Agency)

Treasury working leader proposals dismissed as unclear (FLRA O-NG-162)

A Treasury union appealed two proposals about spot checking guidance and bonuses for working leaders. The Authority found their language too unclear to determine their intended effect or negotiability. It dismissed the petition without prejudice, leaving the union free to file a defined proposal or…

June 11, 1981 ·FLRA
Procedural
COMM

Office of the General Counsel, National Labor Relations Board (Activity) and National Labor Relations Board Union (Union)

NLRB field examiner promotion award upheld (FLRA O-AR-59)

An NLRB union argued that GS-13 field examiner jobs should go to the employees who had been rated qualified the longest. An arbitrator found that competitive selection was required and denied the grievance. The Authority rejected the union’s exceptions and sustained the award.

June 11, 1981 ·FLRA
Upheld
COMM

Matter of Saban

Asylum procedure required a BHRHA opinion before exclusion

The Board reviewed an appeal by a Yugoslavian citizen who lived in Belgium and sought admission to the United States using fraudulent documentation. After conceding excludability, the applicant filed for asylum. The Immigration Judge entered a final exclusion order before receiving the required…

June 11, 1981 ·BIA
Remanded
COMM

Matter of Mendoza

Registered adoption supported visa petition

The Board reviewed a visa petition seeking preference status for a Philippine beneficiary adopted by the petitioner and her husband. The petitioner had been disqualified from adopting under the Philippine Civil Code because she already had a legitimate child, but a Philippine court granted and…

June 11, 1981 ·BIA
Affirmed
COMM

Matter of Mahmoudi

Asylum reopening motion granted and remanded

The Board reviewed an Iranian citizen's request to reopen deportation proceedings so he could apply for political asylum. An Immigration Judge had found him deportable for overstaying and granted voluntary departure, and the Board had dismissed his appeal. The Immigration and Naturalization Service…

June 11, 1981 ·BIA
Remanded
COMM

Sewell Coal Company

Escapeway and roof violations reinstated; penalties remanded

Sewell Coal Company's underground mine accumulated water and had deteriorating roof conditions during a strike, when only 33 supervisory employees worked underground. An inspector cited standing water in a designated escapeway and dangerous roof conditions. The judge vacated both notices, finding…

June 11, 1981 ·FMSHRC
Remanded
COMM

Prestressed Systems, Inc.

Consolidated cases severed and one citation affirmed

Prestressed Systems contested citations from two worksites, and the cases were consolidated for hearing. The judge affirmed a housekeeping citation under section 1926.25(a) in Docket No. 76-4276 and vacated a protective-equipment citation in the other case. Only the protective-equipment ruling was…

June 11, 1981 ·OSHRC
Citations affirmed
COMM

Department of the Treasury, Bureau of the Mint, U.S. Mint, Denver, Colorado (Activity) and American Federation of Government Employees, AFL-CIO, Local 695 (Labor Organization/Petitioner); Department of the Treasury, Bureau of the Mint, U.S. Mint, Denver, Colorado (Activity/Petitioner) and American Federation of Government Employees, Local 695, AFL-CIO (Labor Organization)

Denver Mint clerk stenographer included in unit (FLRA 7-CU-5)

Two Denver Mint petitions asked whether several clerical positions belonged in a bargaining unit. The Authority directly decided the petitions, with no regional decision under review. It declined to rule on two vacant personnel clerk positions and found that the occupied clerk stenographer position…

June 11, 1981 ·FLRA
Other
ALJ

Union Carbide Corporation

Unreported misfire order affirmed

MSHA issued a withdrawal order after an inspector found three misfired blast holes in Union Carbide's Wilson Silverbell mine. The misfires had not been reported to a supervisor during the nearly 22 hours since the blast, and miners had worked nearby. Judge Jon D. Boltz found that one fuse was…

June 10, 1981 ·Jon D. Boltz ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor on behalf of Wayne Tice v. Radiant Coal Company, Inc.

Discharge for mine safety complaints found unlawful

Wayne Tice worked at Radiant Coal's Nauvoo Strip Mine and complained about mechanical problems with a drill. The company gave him less work and issued reprimands; after a drill truck rolled while another worker was beneath it, Radiant discharged him. Judge Forrest E. Stewart found that Tice's…

June 10, 1981 ·Forrest E. Stewart ·FMSHRC
Other
COMM

National Federation of Federal Employees, Local 1439 (Union) and Department of Health and Human Services, Social Security Administration, Jackson District Office (Activity)

Claims assignment appeal lacked proposal language (FLRA O-NG-475)

A union sought bargaining over the effects of an agency change in claims case assignments. It had not supplied specific language for negotiation. The Authority said it could not assess an undefined proposal against law or regulation and dismissed the negotiability appeal.

June 10, 1981 ·FLRA
Procedural
COMM

National Federation of Federal Employees, Local 1363 (Union) and Department of the U.S. Army, Headquarters, U.S. Army Garrison, Yongsan, Korea (Activity)

Army Korea brochure appeal dismissed as moot (FLRA O-NG-462)

An Army Korea union proposed adding local union information to an employee orientation brochure. The activity initially asserted that doing so would be an unfair labor practice, then said it had not intended a nonnegotiability allegation. The Authority treated that position as a withdrawal, found…

June 10, 1981 ·FLRA
Procedural
COMM

U.S. Department of Army, Army Material and Mechanics Research Center, Watertown, Massachusetts and American Federation of Government Employees, Local 3404, AFL-CIO

Army arbitration appeal dismissed for filing defects (FLRA O-AR-170)

An Army union’s arbitration exceptions were damaged in the mail, and the Authority requested a complete replacement and correction of other filing defects. The union made no compliant submission within the time allowed. The Authority dismissed the appeal without reviewing the award.

June 10, 1981 ·FLRA
Procedural
COMM

U.S. Immigration and Naturalization Service (Agency) and American Federation of Government Employees, National Immigration and Naturalization Service Council (Union)

Immigration suspension award beyond Authority review (FLRA O-AR-165)

An immigration officer challenged a fifteen day suspension, and an arbitrator found no just cause for it. The agency asked the Authority to set aside the award. The Authority held that suspension awards of more than fourteen days fall under the separate review route in section 7121(f), so it lacked…

June 10, 1981 ·FLRA
Procedural
ALJ

Freeman United Coal Mining Company, a Division of Material Service Corp.

Freeman United Coal Mining Company (FMSHRC LAKE 81-91): Roof control citation settled for $1,500

MSHA cited Freeman United Coal Mining Company after an inspector found that intersections and crosscuts at its Crown No. 2 Mine were driven wider than its approved roof control plan allowed. Before the scheduled hearing, the parties agreed to settle a proposed $2,000 penalty for $1,500. They…

June 10, 1981 ·George A. Koutras ·FMSHRC
Settled
COMM

Matter of Rodriguez-Cruz

Mexican religious marriage did not establish legitimation

The Board reviewed a United States citizen's visa petition seeking to classify a Mexican beneficiary as his son. The petitioner and the beneficiary's mother had a religious marriage ceremony in Mexico before the beneficiary's birth, but their civil marriage did not occur until 1972, when the…

June 10, 1981 ·BIA
Affirmed
ALJ

Missouri Gravel Company

Head pulley guard violation affirmed for $1

MSHA cited Missouri Gravel Company's sand and gravel plant for an unguarded conveyor head pulley and unguarded return idlers. The company argued that a chain and a no-entry sign at the walkway kept workers away from the pulley. Judge William Fauver found that two authorized workers could pass the…

June 9, 1981 ·William Fauver ·FMSHRC
Mixed result
COMM

Triangle Tanning Co.

Evidence from pre-Barlow's inspection was not excluded

Triangle Tanning asked the judge to quash an OSHA inspection warrant and suppress the evidence gathered at its manufacturing facility. The inspection occurred two months before the Supreme Court decided that the OSH Act could not authorize nonconsensual warrantless inspections. The Commission held…

June 5, 1981 ·OSHRC
Procedural
COMM

Houston Systems Manufacturing Company, Inc.

Crane clearance citation vacated for employee misconduct

Houston Systems Manufacturing was cited after a crane operated within 10 feet of an electrical power line. The judge found that the company had a rule matching the required clearance, communicated the rule to employees, and effectively enforced it. The Commission agreed that the violation resulted…

June 5, 1981 ·OSHRC
Citations vacated
COMM

Western Massachusetts Electric Co.

Electrical line reenergization violation affirmed

Western Massachusetts Electric removed protective tags and grounds from a 13,800-volt line before all workers were known to be clear. A communication failure and other errors led to premature reenergization, causing an explosion that fatally injured a contractor's employee and exposed utility…

June 5, 1981 ·OSHRC
Citations affirmed
ALJ

Phelps Dodge Corporation

Two dangerous-bank citations affirmed

MSHA cited Phelps Dodge at its Tyrone open-pit copper mine after miners worked beneath high banks where catch benches were filled or had sloughed away. At one location, falling material hit a haul truck; at another, a rock struck and shattered a shovel cab window. Judge Jon D. Boltz found the banks…

June 4, 1981 ·Jon D. Boltz ·FMSHRC
Mixed result
COMM

Federal Union of Scientists and Engineers, National Association of Government Employees, Local R1-144 (Union) and Department of the Navy (Activity)

Drug training impact appeal lacked proposal text (FLRA O-NG-431)

A union wanted to bargain over the effects on employees of supervisors’ alcohol and drug abuse training. It filed a negotiability appeal without specific proposed language. The Authority found the matter too undefined for review and dismissed the petition.

June 3, 1981 ·FLRA
Procedural
COMM

National Archives and Records Service (Activity) and American Federation of Government Employees, Local 2578, AFL-CIO (Union)

Archives arbitration exceptions dismissed as late (FLRA O-AR-229)

The National Archives challenged an arbitration award dated April 11, 1981. Its exceptions were due May 11 but filed May 15. The Authority dismissed them as untimely without reviewing the award. The filing period could not be extended or waived.

June 3, 1981 ·FLRA
Procedural
COMM

Veterans Administration Medical Center, Phoenix, Arizona (Activity) and American Federation of Government Employees, Local 2382, AFL-CIO (Union)

Phoenix veterans arbitration exceptions one day late (FLRA O-AR-228)

A Phoenix veterans center union challenged an arbitration award dated April 8, 1981. Its exceptions were due May 7 but filed May 8. The Authority said it could not extend or waive the deadline and dismissed the exceptions without reaching the award.

June 3, 1981 ·FLRA
Procedural
ALJ

Southern Ohio Coal Company

Six shuttle-car boom citations vacated

Southern Ohio Coal Company moved a detached shuttle-car boom through its Meigs No. 1 underground mine. MSHA issued six citations under rules for moving off-track mining equipment near energized trolley wires, alleging failures involving inspections, records, supervision, fire-resistant covering…

June 3, 1981 ·George A. Koutras ·FMSHRC
Citations vacated
COMM

U.S. Nuclear Regulatory Commission (Respondent) and National Treasury Employees Union (Charging Party)

Nuclear agency bulletin board complaint dismissed (FLRA 3-CA-263)

A nuclear agency removed a union posting from employee bulletin boards. The union alleged an unlawful change in an unrestricted use practice. The judge found that a restriction from the former union’s agreement had continued as an established condition after the representative changed. The…

June 3, 1981 ·FLRA
Upheld

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.