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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Secretary of Labor on behalf of Dianne Meuller v. Aaron Mining, Inc.
Meuller v. Aaron Mining, Inc. (FMSHRC WEST 81-99-DM): Discrimination settlement approved
Dianne Meuller filed a Mine Act discrimination complaint after her employment at Aaron Mining ended. The parties agreed that Aaron Mining would pay her $6,300 and remove references to the complaint from her personnel record. Because the company no longer operated a Nevada mine, it could not…
National Federation of Federal Employees, Local 1332 (Union) and Department of the Army, Headquarters, Army Materiel Development and Readiness Command (Activity)
Army agreement disapproval appeal dismissed after deadline (FLRA 0-NG-455)
An Army command and union signed an agreement on January 14, 1981. The agency conveyed its disapproval by telephone within thirty days but did not serve written notice until March 11. The Authority held that the agreement had taken effect because the disapproval was not properly served in time. It…
Washington Area Metal Trades Council, AFL-CIO (Union) and Naval Research Laboratory, Washington, DC (Activity)
Navy agreement disapproval appeal dismissed after deadline (FLRA 0-NG-292)
A naval laboratory and union executed an agreement by February 13, 1980. The agency served its disapproval on March 25, more than thirty days later. The Authority held that the agreement had taken effect subject to applicable law, and the late disapproval raised no issue cognizable in this…
American Federation of Government Employees, AFL-CIO, Local 3031 (Union) and Social Security Administration, United States Government (Activity)
Social Security arbitration exceptions dismissed as late (FLRA 0-AR-193)
A union challenged a Social Security arbitration award dated January 6, 1981. The exceptions were due February 4 but were filed February 5. The Authority held that it could not extend or waive the filing limit and dismissed the exceptions without reviewing the award.
Secretary of Labor v. Frank L. Miles and Ben Leiler
Miles and Leiler (FMSHRC WEST 80-332-M and WEST 80-333-M): Superintendent fined, president's case dismissed
At a sand and gravel operation, a worker reached an elevated conveyor pulley by walking up the belt because a consistently safe route was unavailable. Judge Jon D. Boltz found that the corporate operator violated the safe-access standard and that superintendent Ben Leiler knew or had reason to know…
Secretary of Labor v. Kennecott Copper Corporation and M. M. Sundt Construction Company
Kennecott Copper and M. M. Sundt (FMSHRC WEST 79-141-M): Six citations affirmed, two vacated
At Kennecott's Ray mine, the parties resolved eight citations involving Kennecott and construction contractor M. M. Sundt. Kennecott withdrew its contests of four citations, and Sundt accepted responsibility for two others after being joined in the case. MSHA dismissed the remaining two citations…
Ralph Foster and Sons
Eye protection citation reinstated
MSHA cited Ralph Foster and Sons after finding two miners drilling without eye protection. The judge found a violation of the eye protection rule but vacated the citation because its mine name was wrong. The Commission held that the mine had been identified during the hearing and the naming error…
Assonet Sand & Gravel Co.
Five guarding and railing citations upheld
Assonet Sand & Gravel did not appear at its scheduled hearing, so the judge heard MSHA's evidence in its absence. Inspector testimony described four missing or damaged guards on running conveyors and screens, plus a missing railing beside an elevated walkway. Judge George A. Koutras found all five…
Local Union No. 781, UMWA v. Eastern Associated Coal Corp.
Memorial-period pay claim denied
After a miner was fatally injured at Eastern Associated Coal's Wharton No. 4 Mine, other miners left work for an unpaid memorial period under their collective bargaining agreement. MSHA issued a mine withdrawal order several hours after they left. Their union sought pay under section 111 of the…
Ronnie R. Ross and Secretary of Labor v. Monterey Coal Company, McNally-Pittsburgh Corp., and Looking Glass Construction Company
Ronnie R. Ross v. Monterey Coal Company and others (FMSHRC VINC 78-38): Discrimination claim dismissal affirmed
Ronnie Ross, a miners' safety committeeman employed by McNally-Pittsburgh, challenged a letter limiting his committee duties to his employer's work areas at Monterey Coal's mine site. He alleged that the letter retaliated against him for safety activity. The judge found that the letter served a…
Matter of Lee
Dentist's indefinite job offer did not qualify as temporary
The Regional Commissioner considered a petition by a professional dental partnership seeking H-1 classification for a dentist from Hong Kong. The beneficiary was offered a 40 percent share of the partnership's net income, but the offer had no specific ending date, and the dentist had already worked…
Secretary of Labor on behalf of Thomas C. White v. Valley Camp Coal Company
White v. Valley Camp Coal Company (FMSHRC WEVA 81-71-D): Discriminatory discharge found
Thomas C. White, a union safety representative at Valley Camp's No. 15-A Mine, was discharged after raising safety concerns about replacing roof bolts without assistance. Judge Gary Melick found that White's protected safety activity motivated the discharge at least in part. He rejected the…
Mulzer Crushed Stone Company, a Partnership
Mulzer Crushed Stone Company (FMSHRC LAKE 80-299-M): Motor grounding citation vacated
MSHA cited Mulzer Crushed Stone after an inspector found a detached flexible conduit at a surge tunnel feeder motor in its limestone quarry. The inspector assumed the motor lacked a ground but made no electrical continuity test. Mulzer's electrician testified that the motor frame and other paths…
United States Steel Corporation
Belt examination citations vacated
MSHA cited two U.S. Steel mines because inspectors believed coal-carrying belts had to be examined without delay after a production shift began. MSHA later agreed that the cited standard required examination during the shift but did not require an immediate start, and it vacated both citations…
Itmann Coal Company
Rock-dusting withdrawal order upheld
Itmann Coal contested an MSHA withdrawal order for inadequate rock dusting along a conveyor entry at its No. 3 Mine. The company challenged the inspector's skim and half-floor dust samples, arguing that they did not follow the usual band-sampling method. Judge William Fauver found the methods…
Crawford County Mining, Inc.
$125 penalty for missing cyclone work platforms
MSHA cited Crawford County Mining for lacking safe work platforms and railings on an elevated cyclone at its Rollo Pit. Workers had used loose wooden boards at locations where they performed maintenance, including near the top of the structure. Judge George A. Koutras found that work was performed…
Great Lakes Program Service Center of the Social Security Administration (Agency) and American Federation of Government Employees, AFL-CIO, Local 1395 (Union)
Great Lakes arbitration exceptions dismissed as late (FLRA 0-AR-219)
A union challenged a Social Security program service center arbitration award dated March 18, 1981. Exceptions were due April 16 but were filed April 20. The Authority held that it could not waive the filing limit and dismissed the exceptions without considering their merits.
Matter of Zambrano
Divorce record required further review
The Board reviewed a visa petition filed by a Cuban lawful permanent resident for her Colombian spouse. The petition was denied because the spouse's prior Dominican Republic divorce was questioned, since neither spouse had been present in the Dominican Republic and New Jersey law was thought not to…
Veterans Administration, Veterans Administration Medical Center, Fayetteville, Arkansas (Respondent) and American Federation of Government Employees, Local 2201 (Charging Party)
Veterans hospital union promotion threat ruling adopted (FLRA 6-CA-167)
Four unfair labor practice complaints concerned a Veterans Administration medical center in Fayetteville. The judge found that a supervisor unlawfully threatened to deny promotion consideration because of union activity in one case, but rejected the other three complaints. The Authority adopted…
American Federation of Government Employees, Local 2498 (Union) and National Aeronautics and Space Administration, JFK Space Center, Florida (Activity)
NASA arbitration exceptions dismissed as late (FLRA 0-AR-200)
A union challenged an arbitration award involving NASA’s Kennedy Space Center. The award appeared to be dated February 2, 1981, making exceptions due March 3. The union filed on March 5. The Authority dismissed the exceptions because it could not waive the filing deadline.
Secretary of Labor on behalf of James Franklin Coulter v. Cotter Corporation
Coulter v. Cotter Corporation (FMSHRC WEST 81-11-DM): Discharge complaint settled for $1,000
James Franklin Coulter and Cotter Corporation agreed to settle his discharge complaint. The company agreed to pay him $1,000 for lost wages and other expenses, remove adverse discharge references from his employment record, and provide him a corrected copy. Judge John A. Carlson approved the agreed…
U.S. Air Force, San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local 1617, AFL-CIO (Union)
Kelly Air Force Base arbitration exceptions dismissed as late (FLRA 0-AR-216)
A union challenged an arbitration award involving Kelly Air Force Base. The award was dated March 11, 1981, so exceptions were due April 9. The union filed on April 10. The Authority dismissed them because it could not extend or waive the filing deadline.
National Association of Government Employees, Local R14-87 (Union) and The Adjutant General of Kansas, Kansas Army National Guard (Activity)
Kansas Guard arbitration exceptions dismissed as late (FLRA 0-AR-209)
A union challenged a Kansas Army National Guard arbitration award dated February 24, 1981. Its exceptions were due March 25 but were filed March 26. The Authority dismissed them as untimely without considering the award’s merits.
National Border Patrol Council, American Federation of Government Employees, AFL-CIO, Local 1929 (Union) and U.S. Immigration and Naturalization Service, Department of Justice (Activity)
Border Patrol arbitration exceptions dismissed for lack of jurisdiction (FLRA 0-AR-201)
A union filed exceptions to an arbitration award involving the Immigration and Naturalization Service. The Authority found that the award concerned an adverse action covered by the statutory review route for Merit Systems Protection Board matters. It therefore lacked authority to review the award…
Brown Brothers Sand Co.
Quarterly mine report violation affirmed
Brown Brothers Sand Co. operated a small family owned sand dredging mine. MSHA cited it for failing to file its quarterly employee hours report for the first quarter of 1980, as required by 30 C.F.R. § 50.30(a). The owners objected to the form and its warning about penalties, but the judge found…
Eastover Mining Co.
Canopy citation dismissed on coal seam height
MSHA cited Eastover Mining for operating a continuous mining machine without a protective canopy. The coal seam was 38 inches high at its lowest point, while the mined opening was 53 inches high. Judge Joseph B. Kennedy held that coal seam height controlled whether the canopy requirement applied…
J. P. Burroughs and Son, Inc.
Mailed contest held timely
J. P. Burroughs and Son mailed its notice contesting four proposed penalties on the 30th day after receiving the assessments. MSHA received it two days later, and the judge dismissed the contest as late and adopted the proposed penalties. The Commission held that section 105(a) makes a contest…
Puget Sound Tug & Barge; Mission Viking, Inc.; Northwestern Construction, Inc.
Maritime citations affirmed despite Coast Guard authority
Three maritime employers argued that Coast Guard authority displaced OSHA requirements for work on vessels and barges. The cited conditions included respiratory and flotation protection, crane and deck hazards, recordkeeping, unguarded rigging, unsecured propane tanks, and unsafe passage between…
U.S. Department of Transportation, Federal Aviation Administration, International Airport, Brownsville, Texas (Respondent) and Professional Air Traffic Controllers Organization (Charging Party)
FAA watch schedule complaint dismissal adopted (FLRA 6-CA-378)
A union alleged that an FAA airport facility changed an agreed watch schedule without notice and bargaining. The judge found that the later schedules followed the parties’ earlier understanding as staffing allowed. The Authority adopted the judge’s dismissal of the unfair labor practice complaint…
American Federation of Government Employees, Local 3656, AFL-CIO (Union) and Federal Trade Commission, Boston Regional Office (Agency)
FTC performance standard bargaining proposal rejected (FLRA 0-NG-78)
A union proposed bargaining over a Federal Trade Commission office’s performance appraisal and promotion standards. The Authority read the proposal to require bargaining over the content of performance standards. It held that this would interfere with management’s rights to direct employees and…
American Federation of Government Employees, Local 3804, AFL-CIO (Union) and Federal Deposit Insurance Corporation, Chicago Region, Illinois (Agency)
FDIC motion to dismiss granted only for new proposals (FLRA 0-NG-254)
A union filed a timely but incomplete appeal about performance appraisal proposals, then supplied the missing proposal text and added unrelated proposals. The FDIC sought dismissal of the entire appeal. The Authority allowed correction of the timely appraisal appeal but rejected the unrelated…
J. R. Simplot Company
Eleven mine safety citations affirmed
MSHA issued fifteen safety citations after inspecting J. R. Simplot Company's Conda mine and mill while the plant was restarting after repairs. Judge Virgil E. Vail held that the shutdown and startup did not prevent a lawful inspection. He vacated four citations, including one that MSHA withdrew…
Nacco Mining Company
Roof support violation and $500 penalty affirmed
A Nacco section foreman went beyond permanent roof supports without temporary supports, and a falling rock caused fatal injuries. The judge found a violation of the roof support rule but found no operator negligence under the unusual circumstances and assessed a $500 penalty. The Commission held…
Brown Brothers Sand Company
Review petition dismissed as premature
Brown Brothers Sand Company sought Commission review of a judge's bench decision. The judge had not yet put that decision in writing when the operator filed its request. The Commission dismissed the petition as premature but allowed it to be refiled after a written opinion issued. This order did…
Topeka Sand Company
Four citations affirmed and two vacated
Topeka Sand Company contested six citations arising from inspections of its family run sand and gravel operation. Judge Jon D. Boltz affirmed a citation for temporarily refusing an inspector entry and three citations involving inadequately protected electrical wiring. He vacated a pulley guarding…
Lyman-Richey Sand and Gravel Corporation
Power cable splice citation vacated
MSHA cited Lyman-Richey Sand and Gravel Corporation over splices in a power cable serving its dredge. Judge Virgil E. Vail held that 30 C.F.R. § 56.12-13 governs permanent splices and repairs, not the temporary splice near the cable reel. He also found that MSHA had not examined the permanent…
American Federation of Government Employees, AFL-CIO, International Council of US Marshals Service Locals (Union) and The Department of Justice, U.S. Marshals Service (Agency)
Marshals Service overtime arbitration award sustained (FLRA 0-AR-72)
A union challenged an arbitration award over overtime and back pay for U.S. Marshals Service employees. The arbitrator found a scheduling violation but declined to award back pay because the record did not establish the required causal link to lost pay. The Authority rejected the union’s objections…
Air Force, Scott Air Force Base, Illinois (Activity) and National Association of Government Employees, Local R7-23 (Union)
Scott Air Force Base arbitration exceptions dismissed as late (FLRA 0-AR-210)
A union challenged a Scott Air Force Base arbitration award dated February 23, 1981. Its exceptions were due March 24 but were filed March 26. The Authority dismissed them as untimely without reaching the merits.
Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma (Activity) and American Federation of Government Employees, Local 916, AFL-CIO (Union)
Tinker Air Force Base arbitration exceptions dismissed as late (FLRA 0-AR-208)
A union filed exceptions to a Tinker Air Force Base arbitration award dated February 23, 1981. The filing deadline was March 24, but the union filed March 25. The Authority dismissed the exceptions as untimely without reviewing the award.
Hawaii Federal Employees Metal Trades Council, AFL-CIO (Union) and Pearl Harbor Naval Shipyard (Activity)
Pearl Harbor arbitration exceptions dismissed as late (FLRA 0-AR-189)
A union challenged a Pearl Harbor Naval Shipyard arbitration award dated December 20, 1980. Its exceptions were due January 19, 1981, but were filed January 22. The Authority dismissed the exceptions as untimely and did not review the award.
Ben M. Hogan Company, Inc.
Loader parking violation affirmed
At Ben M. Hogan Company's Searcy Quarry and Mill, a front-end loader parked on a grade moved while its operator was outside the cab, fatally injuring him. The loader's bucket was raised, and its wheels were neither blocked nor turned into a bank. Judge John F. Cook found a violation of 30 C.F.R. §…
American Cyanamid Company
General duty citation over sterilization policy vacated
American Cyanamid excluded women ages 16 through 50 from production jobs involving lead unless they had been surgically sterilized. OSHA alleged that this policy was a willful general duty clause violation and proposed a $10,000 penalty. The Commission majority held that the policy was a condition…
West Point Pepperell, Inc.
Employee medical records ordered produced with privacy safeguards
West Point Pepperell contested serious respiratory and cotton-dust citations at its textile mill. During discovery, the Secretary sought employee medical surveillance records and mill-level profit and loss statements. The Commission found the medical records relevant to respiratory protection…
Prestressed Systems, Inc.
Untied belts and unguarded perimeters affirmed, joist failure rests on the company's own inspection admission
Prestressed Systems was a subcontractor erecting concrete joists and slabs on a building under construction in Miami, Florida. A compliance officer saw an employee standing on a joist sixteen to twenty-four inches wide at the sixty-foot level, wearing a safety belt that was not tied off. There was…
General Electric Company
Asbestos citation vacated for want of knowledge, noise case remanded under the new feasibility test
General Electric manufactures transformers at a plant in Rome, Georgia. Metal plates are welded into large housings called tanks, and employees then chip the welding splatter off them. Chipping produced 109 to 117 dBA inside a tank and 98 to 105 dBA outside one. A separate part of the plant cuts…
Republic Steel Corporation
Roof support citation and withdrawal order upheld
MSHA cited Republic Steel for inadequate roof and rib support along the main track haulage at its Clyde Mine. After Republic took no action to correct the cited conditions during the abatement period, an inspector issued a withdrawal order that idled miners. Judge James A. Laurenson held that the…
Consolidated Freightways
Vacated tractor-seat citation could not be revived
Consolidated Freightways was cited over inadequately padded steel bars on tractor seats that employees said caused injuries on rough roads. The Secretary moved to vacate the citation, and the judge granted that request. After employees objected, the Secretary sought to reopen the case and amend it…
General Dynamics Corp.
Settlement agreement approved
General Dynamics and the Secretary resolved the two consolidated matters through a settlement agreement dated September 24, 1980. The Commission's order contains no description of the cited conditions, legal issues, citation classifications, or penalties. It does not provide substantive reasoning…
Power Systems Division, United Technologies Corporation
Electrical and protective-equipment dismissals reversed
Power Systems faced electrical citations under a standard incorporating portions of the National Electrical Code and a protective-equipment citation involving a chemical treating agent. The judge vacated the electrical items as vague based largely on reported remarks about a proposed replacement…
Continental Oil Company
Refinery explosion investigation reports are attorney work product and stay undiscovered
On October 3, 1978, an explosion and fire tore through Conoco's refinery in Denver, Colorado. Three employees were killed, twelve people were hospitalized, and the refinery and surrounding area suffered heavy damage. The Secretary's four-month investigation produced citations for ten serious, two…
York Heel of Maine, Inc.
Beam-dinker machine-guarding violation affirmed
York Heel used beam-dinker presses whose operators held steel dies by hand while a heavy beam descended to cut shoe heels. The Commission found that operators' fingers could enter the half-inch gap between the die and beam and that the existing flange did not prevent point-of-operation exposure. It…
Mosites Construction Co.
A fatal shaft fall is a serious violation but not a willful one, and the judge applied the wrong willfulness test
On November 16, 1977, ironworker Raymond Giallonardo fell more than 70 feet to his death down an elevator shaft at the partially built extension to Ohio Valley General Hospital in McKees Rocks, Pennsylvania. Mosites Construction was the general contractor. Judge Charles K. Chaplin found a serious…
Gerard Leone & Sons, Inc.
Dump-truck support requirements applied on a public street
Gerard Leone & Sons operated a dump truck without permanent dump-body supports and safety latches, and a falling raised body caused a fatality. The company argued that the cited motor-vehicle standards did not apply because the truck was being used on a public street. The Commission held that…
Bomac Drilling, et al.
Hydrogen sulfide emergency protection violations affirmed
Bomac Drilling and Scandinavian Montgomery Drilling operated exploratory wells in the Williston Basin without self-contained breathing apparatus for hydrogen sulfide emergencies. The Commission found that hydrogen sulfide exposure was a recognized hazard and that encountering and releasing the gas…
Brown & Root, Inc.
Breathing-air testing was too infrequent; cited construction standards did not address the compressor hazard
Acting Chairman Barnako and Commissioners Cleary and Cottine split the difference on Judge Dee C. Blythe's decision. The Commission affirmed the finding that Brown & Root failed to test its breathing air frequently enough for carbon monoxide, and affirmed the judge's $35 penalty. It reversed him on…
Pratt & Whitney Aircraft
Compliance officer notes were discoverable but withholding them was harmless error, and a per-instance penalty of $14,000 is reduced to $1,000
OSHA inspected Pratt & Whitney's aircraft-parts plant in North Haven, Connecticut over three days in April 1975. Four compliance officers each walked one quadrant of a plant employing about 4,500 people. The resulting other-than-serious citation ran to 68 items broken into roughly 281…
Allegheny Airlines, Inc.
A section 4(b)(1) exemption requires the other agency to regulate the same hazard, not merely the same place
Allegheny Airlines was cited at John F. Kennedy airport for two unrelated problems. In the passenger departure lounge, four doors were marked EXIT but two were locked with keys and two were blocked by advertising stanchions. At the air freight facility and on the ramp, employees handling freight…
Delmont Resources, Inc.
Roof control citation changed to section 104(a)
Delmont Resources contested a citation for driving entries and crosscuts wider than its approved roof control plan allowed. Judge John F. Cook found violations at the places MSHA measured and found that Delmont knew or should have known of the overwide openings. He upheld the unwarrantable failure…
The Youghiogheny & Ohio Coal Company
Miner repair power isolation citation affirmed
A repair crew worked on a continuous mining machine at The Youghiogheny & Ohio Coal Company's Allison Mine while its trailing power cable remained connected. Judge John F. Cook held that the rule requiring power to be off during repairs meant that an electrically powered machine must be…
Matter of Bowe
Board reopened case on its own motion after Ninth Circuit change
The respondent asked to reopen deportation proceedings so he could seek section 212(c) relief together with an adjustment of status application. Earlier Ninth Circuit decisions had held that section 212(c) relief was unavailable to an alien deportable for a narcotics offense, and the Board denied…
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.