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

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

Norfolk shipyard union-release complaints dismissed (FLRA 3-CA-150)

A Norfolk Naval Shipyard supervisor briefly refused to release a union steward for union business, then corrected the instruction within minutes. The administrative law judge recommended dismissal of the unfair labor practice complaints. The Authority adopted that result, explaining that a remedy…

November 24, 1980 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 3656 (Union) and Federal Trade Commission, Boston Regional Office, Massachusetts (Agency)

FTC reasonable performance standards proposal negotiable (FLRA 0-NG-273)

A union proposed that the Federal Trade Commission’s Boston office develop reasonable performance standards for bargaining unit employees. The agency argued the language conflicted with management rights and agency regulations. The Authority found the proposal permissible and rejected the claimed…

November 24, 1980 ·FLRA
Set aside
COMM

Internal Revenue Service, Chicago District Office (Activity) and National Treasury Employees Union, Chapter 10 (Union)

IRS caseload grievance arbitrability award sustained (FLRA 0-AR-50)

IRS revenue officers grieved allegedly unmanageable caseloads under their labor agreement. The arbitrator decided only that the grievances could be arbitrated, leaving their merits for later consideration. The agency argued that management rights and negotiability concerns made the grievances…

November 24, 1980 ·FLRA
Upheld
ALJ

Secretary of Labor (MSHA) v. Keystone Portland Cement Company

Keystone Portland Cement Company (FMSHRC PENN 80-25-M): Electrical penalty reduced to $4,500

An electrician apprentice died while working at an electrical panel in Keystone Portland Cement's plant. A relay inside the panel remained energized from a separate power source while the nearby switch was off. Keystone admitted violating the electrical lockout standard, and the hearing addressed…

November 21, 1980 ·Edwin S. Bernstein ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Herb Coal Company

Herb Coal Company (FMSHRC WILK 79-116-P): $100 penalty for refusing a mine inspection

An MSHA inspector arrived at Herb Coal Company's No. 7 Drift Mine for a health and safety inspection. Proprietor Dale Herb refused entry because the inspector did not have a search warrant. Judge John F. Cook found that the refusal violated section 103(a) of the Mine Act, although Herb's…

November 20, 1980 ·John F. Cook ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Ralph Foster and Sons

Ralph Foster and Sons (FMSHRC WEST 79-397-M and DENV 79-483-PM): Two citations vacated by the judge

MSHA cited Ralph Foster and Sons for two miners drilling without eye protection and for an unguarded belt drive at a uranium mine. Judge John J. Morris found that the eye protection violation occurred but vacated its citation because he credited testimony that MSHA named the wrong mine. He also…

November 20, 1980 ·John J. Morris ·FMSHRC
Citations vacated
ALJ

Helvetia Coal Company v. Secretary of Labor (MSHA)

Helvetia Coal Company (FMSHRC PENN 80-143-R): Imminent-danger withdrawal order affirmed

Helvetia Coal Company sought to vacate an imminent-danger withdrawal order at its Lucerne No. 6 Mine. An MSHA inspector found a bare energized conductor near the metal frame of a battery charger with an unreliable ground connection in a narrow travelway. Judge James A. Laurenson found that miners…

November 20, 1980 ·James A. Laurenson ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. DKT Coal Company

DKT Coal Company (FMSHRC KENT 79-349): Five citations upheld with $428 in penalties

MSHA cited DKT Coal Company's No. 3 Mine for an inoperative emergency deenergizing device, ventilation plan violations, unguarded roof bolter belts, and coal and dust accumulations. Judge John F. Cook found violations under all five citations but rejected the allegation that the ventilation plan…

November 20, 1980 ·John F. Cook ·FMSHRC
Modified
COMM

Matter of Alarcon

Marriage removed unmarried-daughter preference

The Board reviewed a deportation case involving a Filipino woman who entered with an immigrant visa issued as the unmarried daughter of a lawful permanent resident. She had married before entering the United States, so she no longer qualified for that preference classification. The Board held that…

November 20, 1980 ·BIA
Affirmed
ALJ

Secretary of Labor (MSHA) v. Blackjack Coal Company, Inc.

Blackjack Coal Company (FMSHRC BARB 78-705-P): Penalties reduced to $485 across five cases

Blackjack Coal Company operated two surface mines cited for 24 violations across five penalty cases. The company stipulated that the violations occurred, leaving the effect of penalties on its ability to continue in business as the contested issue. Judge John F. Cook found that the proposed…

November 20, 1980 ·John F. Cook ·FMSHRC
Modified
COMM

National Treasury Employees Union (Union) and Internal Revenue Service (Agency)

IRS arbitration exceptions dismissed as late (FLRA 0-AR-160)

The National Treasury Employees Union filed exceptions to an IRS arbitration award dated September 19, 1980. The Authority’s 30-day rule made October 20 the deadline, but the union filed on October 23. The Authority said it could not extend or waive that limit. It dismissed the exceptions without…

November 20, 1980 ·FLRA
Procedural
COMM

Department of Health, Education and Welfare, Social Security Administration, Southeastern Program Center, Birmingham, Alabama (Activity) and American Federation of Government Employees, Local 2206 (Union)

Social Security arbitration exceptions dismissed as late (FLRA 0-AR-149)

A Social Security Administration union filed exceptions to an arbitration award dated September 3, 1980. The Authority’s 30-day rule required filing by October 2, but the union filed on October 6. The Authority stated it lacked power to extend or waive the deadline. It dismissed the exceptions…

November 20, 1980 ·FLRA
Procedural
ALJ

Secretary of Labor v. Red Ash Smokeless Coal Corp.

Red Ash Smokeless Coal Corp. (FMSHRC VA 80-137): $2,000 roof control settlement approved

Red Ash Smokeless Coal faced an initial $2,500 assessment for two serious roof control violations at its No. 1 Mine. The parties proposed settling for $2,000. Judge Joseph B. Kennedy found that amount consistent with the Mine Act's purposes for the corporate operator and approved the settlement. He…

November 19, 1980 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor v. G & M Coal Company

G & M Coal Company (FMSHRC SE 79-128): Explosives and roof control citations upheld

MSHA cited G & M Coal at its No. 1 Wartburg Mine for storing explosives and detonators together in a temporary office and for failing to provide a calibrated torque wrench required by its roof control plan. Judge George A. Koutras found that both conditions violated the cited standards and affirmed…

November 19, 1980 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. The Standard Slag Company

The Standard Slag Company (FMSHRC LAKE 79-217-M and VINC 79-100-PM): Conveyor and access citations vacated

MSHA cited Standard Slag for unguarded pulleys on a new conveyor and for material blocking a catwalk beneath another conveyor at its Marblehead stone operation. Three other citations in the consolidated cases had already been vacated by MSHA and were dismissed at the hearing. Judge George A…

November 19, 1980 ·George A. Koutras ·FMSHRC
Citations vacated
COMM

Matter of Perez-Valle

Acquittal did not bar alienage finding

The Board reviewed a deportation case involving a Mexican national who had previously been acquitted of a criminal charge that required proof of alienage. It held that the acquittal did not prevent the government from litigating his alienage in the separate deportation proceeding because the…

November 19, 1980 ·BIA
Affirmed
ALJ

Secretary of Labor v. Hi Tenn, Inc.

Hi Tenn, Inc. (FMSHRC BARB 79-69-P): Unguarded pulley upheld, second citation settled

MSHA sought penalties against Hi Tenn for two citations at its Westel Tipple. The company did not appear at the hearing, and Judge George A. Koutras proceeded on the Secretary's evidence. He affirmed a citation for an unguarded tail pulley on a working portable crusher and assessed $210. Hi Tenn…

November 19, 1980 ·George A. Koutras ·FMSHRC
Mixed result
ALJ

Secretary of Labor v. Goode Contractors

Goode Contractors (FMSHRC WEVA 80-540): Judge suspends payment of $1 penalty

In a civil penalty case involving Goode Contractors' No. 1 Surface operation, Judge Joseph B. Kennedy ordered a $1 penalty for a violation he found. He suspended payment of that penalty and dismissed the proceeding. The short published order refers to an earlier show-cause order, the Secretary's…

November 17, 1980 ·Joseph B. Kennedy ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Old Ben Coal Company

Old Ben Coal Company (FMSHRC VINC 75-183-P and related dockets): Six remanded violations assessed at $600

The same judge's earlier decision had vacated six notices against Old Ben Coal concerning combustible material and incombustible content of mine dust. The Commission set those rulings aside and remanded for further action. Judge Charles C. Moore, Jr., found two combustible material violations and…

November 17, 1980 ·Charles C. Moore, Jr. ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Tazco, Inc.

Tazco, Inc. (FMSHRC VA 80-121): Judge suspends $400 penalty payment, later reversed

The parties proposed a $400 settlement for a serious roof control violation at Tazco's Laurel Mine No. 2, reducing the initial $500 assessment. Judge Joseph B. Kennedy concluded that the reduction did not give enough weight to the operator's disciplinary action against a miner who had refused to…

November 17, 1980 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor v. Tacey Transport Corporation

Tacey Transport Corporation (FMSHRC YORK 80-68-M and YORK 80-72-M): Guarding and brake violations upheld

MSHA cited Tacey Transport Corporation for two exposed machine parts at its pit and plant and for operating a front-end loader with a disconnected rear brake. Judge Gary Melick upheld both guarding citations under 30 C.F.R. § 56.14-1 and the brake citation under 30 C.F.R. § 56.9-3. He found reduced…

November 14, 1980 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Fillmore Industries, Inc.

Fillmore Industries (FMSHRC YORK 80-66-M): Four guarding citations settled for $80

MSHA cited Fillmore Industries four times for exposed moving machine parts at its pit and plant, proposing $40 for each citation. The operator believed guards were unnecessary because the beltline had skirtboards and said the equipment manufacturer had represented it as compliant. The Secretary…

November 14, 1980 ·Gary Melick ·FMSHRC
Settled
ALJ

Secretary of Labor v. Union Rock & Materials Corporation

Union Rock & Materials (FMSHRC WEST 79-93-M): Five citations upheld and three vacated

MSHA issued eight citations to Union Rock & Materials at its Mesa Plant and Pit. Judge John J. Morris upheld a citation for an opening along a walkway because a handrail alone left a fall hazard, and another for a wet insulating mat near electrical switches. He vacated an inadequate lighting…

November 14, 1980 ·John J. Morris ·FMSHRC
Mixed result
ALJ

Jim Walters Resources, Inc. v. Secretary of Labor

Jim Walters Resources (FMSHRC SE 80-43-R and SE 80-141): Roof control citation vacated

A miner died in a roof fall at Jim Walters Resources' No. 3 coal mine while attempting to install a second temporary roof support. MSHA cited the company under 30 C.F.R. § 75.200, alleging that the miner had crossed beyond permanent support on the wrong side of the first temporary support. Judge…

November 14, 1980 ·James A. Laurenson ·FMSHRC
Citations vacated
ALJ

Secretary of Labor v. Lone Star Steel Company

Lone Star Steel Company (FMSHRC DENV 79-291-PM and DENV 79-439-PM): Mine owner liable for contractor violations

A worker employed by Lone Star Steel's construction contractor died after falling from a column at Lone Star's iron ore processing facility. MSHA cited Lone Star for the worker's failure to tie off his safety belt and for the contractor's delayed report of the accident. Judge Forrest E. Stewart…

November 14, 1980 ·Forrest E. Stewart ·FMSHRC
Mixed result
ALJ

Secretary of Labor v. Cash & Carry Gravel, Inc.

Cash & Carry Gravel (FMSHRC LAKE 80-48-M): Settlement denied and six penalties assessed

MSHA cited Cash & Carry Gravel for six safety and reporting violations at its Middlemiss Pit in Michigan. The parties proposed to settle the charges for $580, but Chief Judge James A. Broderick denied the motion after hearing the evidence. He rejected the company's arguments that its local sales…

November 13, 1980 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. J. P. Burroughs & Sons, Inc.

J. P. Burroughs & Sons (FMSHRC LAKE 80-173-M and LAKE 80-189-M): Three citations upheld and three vacated

MSHA proposed penalties for alleged safety violations at J. P. Burroughs & Sons' sand and gravel plant. Chief Judge James A. Broderick upheld citations for a fire extinguisher that was too far from welding work, an inaudible loader backup alarm, and inadequate lighting in a feed tunnel. He vacated…

November 13, 1980 ·James A. Broderick ·FMSHRC
Mixed result
COMM

Council of Southern Mountains, Inc. v. Martin County Coal Corporation

Council of Southern Mountains v. Martin County Coal (FMSHRC KENT 80-222-D): Review petitions dismissed as premature

An administrative law judge found that Martin County Coal unlawfully barred a miners' representative from observing training classes and ordered reimbursement of the representative's fees and costs. The judge did not specify the amount of that award. Both sides petitioned the Commission for review…

November 12, 1980 ·FMSHRC
Procedural
COMM

United States Army, Corpus Christi Army Depot, Corpus Christi, Texas (Respondent) and Jesse O. Hall (Complainant)

Army depot union-related transfer discrimination upheld (FLRA 63-8792(CA))

A Corpus Christi Army Depot employee was denied a transfer that would have allowed overtime, in part because of his union activity. The administrative law judge found discrimination and interference under the earlier executive order, while rejecting another allegation. The Authority adopted those…

November 12, 1980 ·FLRA
Upheld
COMM

American Federation of Government Employees, AFL-CIO, Local 2000 (Respondent) and Sallie J. Whitaker and G. Irene McDonald, Individuals and Sallie J. Whitaker, and Individual (Charging Parties)

Union benefit reimbursement remedy broadened (FLRA 6-CO-1)

Three complaints alleged that AFGE Local 2000 committed unfair labor practices affecting two individuals’ benefits. The administrative law judge found violations and proposed restoration of specified benefits. The union’s exceptions were late and were not considered. The Authority adopted the…

November 12, 1980 ·FLRA
Modified
COMM

U.S. Department of Treasury, Internal Revenue Service (Respondent) and National Treasury Employees Union and National Treasury Employees Union Chapter 10 (Charging Party)

IRS EEO committee interference finding expanded (FLRA 5-CA-97)

An IRS district office was accused of interfering with union-appointed members of an equal employment opportunity advisory committee. The administrative law judge found violations in two incidents but dismissed a third. The Authority upheld the first two findings and disagreed about the third…

November 12, 1980 ·FLRA
Mixed result
COMM

Department of Energy, Oak Ridge Operations, Oak Ridge, Tennessee (Activity) and National Association of Government Employees, Local R5-181 (Petitioner) and Office and Professional Employees International Union, AFL-CIO (Intervenor)

Oak Ridge challenged ballots sent for conditional count (FLRA 4-RO-39)

After a representation election at the Department of Energy’s Oak Ridge operation, several employee ballots were challenged. An administrative law judge recommended how to resolve the challenges, and no exceptions were filed. The Authority adopted the judge’s findings and directed that specified…

November 12, 1980 ·FLRA
Other
COMM

Army Communications Systems Agency, Fort Monmouth, New Jersey (Activity) and National Federation of Federal Employees, Local 476 (Petitioner) and American Federation of Government Employees, Local 1904, AFL-CIO (Intervenor)

Fort Monmouth unit positions reviewed and election directed (FLRA 2-RO-14)

A union sought to replace the incumbent representative of Army Communications Systems Agency employees at Fort Monmouth. The Authority directly considered disputed employee positions and their statutory unit status, with no Regional Director decision under review. It excluded positions it found to…

November 12, 1980 ·FLRA
Other
COMM

Department of the Navy, Portsmouth Naval Shipyard (Respondent) and Portsmouth Federal Employees Metal Trades Council, AFL-CIO (Charging Party)

Portsmouth shipyard overtime-records complaint dismissed (FLRA 1-CA-64)

A Portsmouth Naval Shipyard union requested overtime records while investigating grievances about assignments to extended refit work in Scotland. The shipyard denied a broad records request, and the union filed an unfair labor practice charge. The administrative law judge found that the labor…

November 12, 1980 ·FLRA
Upheld
COMM

Department of the Navy, Supervisor of Ship-Building, Conversion and Repair, Groton, Connecticut (Respondent) and American Federation of Government Employees, Local 2105, AFL-CIO (Charging Party)

Groton checklist complaint dismissal upheld (FLRA 1-CA-232)

A union alleged that a Navy shipbuilding office in Groton should have bargained before distributing checklists to supervisors. The administrative law judge found the distribution did not change employees’ conditions of employment and recommended dismissal. The Authority adopted that finding despite…

November 12, 1980 ·FLRA
Upheld
COMM

Veterans Administration Medical Center, Bath, New York (Respondent) and American Federation of Government Employees, AFL-CIO, Local 491 (Labor Organization)

Bath VA labor complaints dismissed (FLRA 1-CA-112)

Three unfair labor practice complaints involved a VA medical center in Bath, New York, and its union. The matters included a physician’s union representation at a staff meeting and a change to a board concerned with patient care. The administrative law judge found no statutory violation and…

November 12, 1980 ·FLRA
Upheld
COMM

Decision on Request for General Statement of Policy or Guidance

Guard technician grievance policy request denied (FLRA 0-PS-19)

The National Federation of Federal Employees asked for broad guidance on whether National Guard technician adverse actions must be excluded from negotiated grievance procedures. The Authority concluded the issue could be addressed through a specific negotiability case under 5 U.S.C. § 7117. It…

November 12, 1980 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 3403, AFL-CIO (Union) and National Science Foundation, Washington, DC (Agency)

NSF reduction-in-force bargaining appeal dismissed (FLRA 0-NG-243)

The National Science Foundation proposed changes to a reduction-in-force circular, and a union submitted additional revisions for bargaining. The agency disputed whether those union proposals were within its midcontract bargaining obligation. The Authority concluded the dispute concerned a duty to…

November 12, 1980 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Washington, DC (Agency)

Archives midterm bargaining appeal dismissed (FLRA 0-NG-232)

A union at the National Archives and Records Service proposed to bargain over career-ladder job levels during an existing agreement. The agency disputed whether it had any duty to bargain absent a change in conditions of employment. The Authority held that the live issue was a bargaining…

November 12, 1980 ·FLRA
Procedural
COMM

American Federation of Government Employees, AFL-CIO, Council of Social Security District Office Locals (Union) and Department of Health, Education and Welfare, Social Security Administration, San Francisco Region, Bureau of District Office Operations, San Francisco, California (Agency); American Federation of Government Employees, AFL-CIO, Local 3571 (Union) and, Department of Health, Education and Welfare, Social Security Administration, South Bend District, Indiana (Agency) , American Federation of Government Employees, Local 1395, AFL-CIO (Union) and Department of Health, Education and Welfare, Social Security Administration, Great Lakes Program Service Center, Chicago, Illinois (Agency)

Three Social Security negotiability appeals dismissed (FLRA 0-NG-138)

Three Social Security Administration unions brought negotiability appeals from separate bargaining disputes. The Authority found that the disagreements turned on whether bargaining was required or on the meaning of the parties’ agreements. Those questions did not ask whether the disputed proposals…

November 12, 1980 ·FLRA
Procedural
ALJ

William A. Robison v. South Union Coal Company

William A. Robison v. South Union Coal (FMSHRC WEVA 80-246-D): Discrimination complaint denied

William A. Robison, a section foreman at South Union Coal's Jamison No. 12 Mine, said the company discharged him because he would not press two miners to work when ventilation was inadequate. Judge Richard C. Steffey found that the miners initially refused to run the mining machine because of dust…

November 10, 1980 ·Richard C. Steffey ·FMSHRC
Citations vacated
COMM

Matter of Rodriguez

Peruvian child qualified as an orphan for visa petition

The Commissioner reviewed a visa petition seeking immediate-relative orphan classification for a child born in Peru. The child's unmarried mother said she could not provide proper care and irrevocably released the child for emigration and adoption, while the father's acknowledgment of paternity did…

November 7, 1980 ·BIA
Vacated
ALJ

Consolidation Coal Company v. Secretary of Labor

Consolidation Coal Company (FMSHRC PENN 80-224-R and related dockets): Haulage citations upheld

Consolidation Coal contested four citations involving mine trains on ascending haulage grades at its Renton Mine. The cited rule says a trailing locomotive or equivalent device "should" be used for such trains. Judge Paul Merlin held that this wording imposed a mandatory requirement, even though…

November 6, 1980 ·Paul Merlin ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor v. Sigler Mining

Default penalty assessed, then vacated

Sigler Mining did not file an answer meeting the Commission's procedural requirements after receiving a proposed civil penalty assessment. Judge Joseph B. Kennedy issued a show-cause order, then found the company's response inadequate and declared it in default. He assessed the proposed $1,174…

November 5, 1980 ·Joseph B. Kennedy ·FMSHRC
Citations affirmed
ALJ

Consolidation Coal Company v. Secretary of Labor

Consolidation Coal Company (FMSHRC WEVA 80-110-R and WEVA 80-361): Coal dust order upheld, penalty reduced

MSHA issued a withdrawal order after finding coal dust and float coal dust along conveyor belts at Consolidation Coal's Shoemaker Mine. Judge James A. Laurenson found extensive combustible accumulations that could spread a fire or explosion, violating 30 C.F.R. § 75.400. He found that the…

November 5, 1980 ·James A. Laurenson ·FMSHRC
Modified
ALJ

Secretary of Labor v. Island County Highway Department

Island County Highway Department (FMSHRC WEST 79-372-M): County pit subject to Mine Act, most citations upheld

MSHA cited Island County Highway Department for safety conditions at its Camano Island sand and gravel pit. Judge John J. Morris rejected the county's argument that its public ownership and local use of the material placed the pit outside the Mine Act. He upheld eleven citations involving walkways…

November 5, 1980 ·John J. Morris ·FMSHRC
Mixed result
ALJ

Consolidation Coal Company v. Secretary of Labor

Consolidation Coal Company (FMSHRC PENN 80-287-R and PENN 80-288-R): Contests withdrawn after enforcement actions changed

Consolidation Coal contested a citation and an order issued at its Renton Mine. During the hearing, MSHA agreed to change both actions from section 104(d)(1) enforcement measures to section 104(a) citations. The company then asked to withdraw each notice of contest, and Judge Paul Merlin granted…

November 5, 1980 ·Paul Merlin ·FMSHRC
Procedural
COMM

Matter of Bonnette

Stepchild relationship remanded for identity proof

The Board reviewed a United States citizen's visa petition for a Philippine beneficiary claimed to be her stepson. The Board held that, under the Ninth Circuit's rule in Palmer v. Reddy, a person who became a stepchild before age eighteen qualifies for visa preference without an additional showing…

November 5, 1980 ·BIA
Remanded
COMM

Matter of Yir-Hsiung Wang

Departure made deportation proceedings final

The Board reviewed a motion to reopen deportation proceedings by a Chinese national who had departed voluntarily after conceding deportability. He argued that the District Director had improperly denied pre-hearing voluntary departure and an extension that would have allowed visa processing in…

November 5, 1980 ·BIA
Procedural
COMM

Brown & Root, Power Plant Division

Advisory crane provisions unenforceable

OSHA cited Brown & Root under a construction crane standard incorporating industry provisions that said operators “should” avoid carrying loads over people and “should” provide level footing for outriggers. The Commission held that the incorporated source documents expressly treated “should”…

November 5, 1980 ·OSHRC
Citations vacated
ALJ

Secretary of Labor v. United States Steel Corporation

United States Steel Corporation (FMSHRC PITT 78-430-P): Machine repair charge dismissed

MSHA charged United States Steel with leaving power on while a mechanic worked on a continuous mining machine at its Maple Creek No. 2 Mine. The mechanic had reached behind a guard with a wrench while searching for a ruptured hydraulic hose. Judge William Fauver found that the inspector could not…

November 3, 1980 ·William Fauver ·FMSHRC
Citations vacated
ALJ

Secretary of Labor v. Nacco Mining Company

Nacco Mining Company (FMSHRC LAKE 80-290): Dust citation vacated, cable settlement approved

MSHA sought penalties for two alleged violations at Nacco Mining's Powhatan No. 6 Mine. Judge Paul Merlin vacated a dust control plan citation because an earlier decision had held the same plan provision invalid. He approved a $140 settlement for a separate citation involving exposed conductors on…

October 31, 1980 ·Paul Merlin ·FMSHRC
Mixed result
ALJ

McCoy Elkhorn Coal Corporation v. Secretary of Labor

McCoy Elkhorn Coal Corporation (FMSHRC KENT 80-243-R and KENT 80-244-R): Dust citation and withdrawal order upheld

MSHA cited McCoy Elkhorn Coal for combustible oil, grease, and coal dust on a cutting machine at its No. 4 Mine, then issued a withdrawal order when some material remained after the abatement deadline. Judge Richard C. Steffey found that the cited condition had not been fully cleaned and that the…

October 31, 1980 ·Richard C. Steffey ·FMSHRC
Citations affirmed
COMM

Raybestos Friction Materials Company

Settlement rejected for notice and completeness defects

OSHA cited Raybestos Friction Materials Company over employee medical information, access to asbestos-related medical records, and injury and illness recordkeeping. The Secretary and Raybestos submitted a settlement, which the judge approved. The Commission found that the proposal lacked proof of…

October 31, 1980 ·OSHRC
Remanded
COMM

Forte Brothers, Inc.

Sua sponte discovery order vacated

The judge ordered the Secretary to produce documents claimed to be protected by the informer's privilege and work-product doctrine, even though the employer had not filed a motion to compel. The Commission held that a Rule 34 request and objection remain outside judicial involvement unless the…

October 31, 1980 ·OSHRC
Remanded
COMM

Stripe-A-Zone

New citations allowed after dismissal without prejudice

OSHA first cited Stripe-A-Zone after inspecting a freeway worksite where a fatality had occurred, then withdrew that citation without prejudice. After the withdrawal order became final, OSHA issued new citations based on the same inspection and facts but with different legal allegations and…

October 31, 1980 ·OSHRC
Remanded
COMM

C. R. Burnett and Sons, Inc. and Harllee Farms

Farm labor camps covered by OSHA standards

C. R. Burnett and Sons and Harllee Farms operated rent-free temporary camps for migrant farm workers. The judge vacated citations for shelter, heating, sanitation, lighting, and OSHA-notice violations because the workers were not required to live in the camps. The Commission held that camp…

October 31, 1980 ·OSHRC
Citations affirmed
COMM

Boam Company

Identification rule applies to job-made chain slings

Boam Company used a job-made steel chain sling to lift pipe onto a truck. The sling broke, and the falling pipe fatally injured an employee. The judge vacated a citation alleging that the sling lacked identification for its size, grade, rated capacity, and manufacturer because he read the rule as…

October 31, 1980 ·OSHRC
Remanded
COMM

Erskine-Fraser Co.

Unguarded girder citation affirmed

Steel-erection employees used an unguarded concrete girder 28 to 30 feet above the ground as a walkway between piers. Although the general contractor was responsible for guardrails, the Commission held that each employer remained responsible for protecting its own employees and that Erskine-Fraser…

October 31, 1980 ·OSHRC
Citations affirmed
COMM

Marion Power Shovel Company, Inc.

Welder fall-protection citation affirmed

An employee operated a chipping hammer while standing unprotected on a small area of a large metal dipper back 8½ feet above the floor. The Commission held that the specific welding fall-protection standard did not require the Secretary to prove feasibility as part of the prima facie case…

October 31, 1980 ·OSHRC
Citations affirmed

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.