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

Matter of Fulgencio

Retained citizenship defeated deportability

The Board reviewed an appeal by a person born in the Philippines to a United States citizen father. It held that the father's acknowledgment of paternity and later domicile in California legitimated the respondent under California law, satisfying the citizenship-acquisition requirements of the…

August 22, 1980 ·BIA
Other
COMM

Capital City Excavating Co., Inc.

Late contest leaves trench citations final

OSHA sent Capital City trench citations and a proposed $550 penalty by certified mail. A clerical employee accepted them at the company's office on September 13, 1978, but the company did not mail its contest until October 6 or 7. The Commission held that delivery to an employee who accepts…

August 22, 1980 ·OSHRC
Procedural
COMM

Missouri Farmer's Association inc.

Non-admission clauses do not defeat settlements

Three employers submitted settlements that withdrew their notices of contest but stated that they did not admit the alleged violations. The judge rejected the agreements because of that exculpatory language. The Commission held that settlement agreements may contain non-admission clauses when they…

August 22, 1980 ·OSHRC
Settled
COMM

GAF Corp.

Comprehensive settlement approved despite exculpatory clause

GAF, the Secretary, and the union resolved numerous citation items through a comprehensive settlement. The agreement included a clause stating that the withdrawal, abatement, and penalty payment could not be treated as an admission or violation finding in OSHA matters involving GAF facilities other…

August 22, 1980 ·OSHRC
Settled
COMM

Defense Mapping Agency, Hydrographic/Topographic Center, Providence Field Office (Activity) and American Federation of Government Employees, Local 1884, AFL-CIO (Union)

Mapping Agency arbitration exceptions deferred (FLRA 0-AR-116)

An arbitrator orally ruled a Defense Mapping Agency grievance procedurally arbitrable, then continued the hearing before issuing a written award. The agency filed exceptions to that interim ruling. The Authority dismissed them without prejudice while the merits hearing remained open, allowing a…

August 22, 1980 ·FLRA
Procedural
ALJ

Secretary of Labor (MSHA) v. Independent Cement Corporation

Independent Cement Corporation (FMSHRC YORK 79-92-M): Two noise citations sustained with $400 in penalties

MSHA cited Independent Cement Corporation for excessive noise exposure affecting a mill helper and a crane operator at its Hudson Cement and Stone quarry and mill. Independent argued that the citations did not give fair notice because they used percentages and the abbreviation "TLV" instead of the…

August 21, 1980 ·Gary Melick ·FMSHRC
Citations affirmed
COMM

Matter of General Atomic Company

Civil engineer qualified for H-1 classification

The Commissioner reviewed a certified visa petition for a civil engineer whose work would involve stress analysis. The beneficiary held a bachelor of science degree in civil engineering and had completed 12 months of practical training with the petitioner. The Commissioner held that a qualified…

August 21, 1980 ·BIA
Vacated
COMM

Matter of Khan

Unauthorized employment alone did not justify denying adjustment

The Board reviewed an Indian student's appeal from a denial of adjustment of status based on unauthorized employment. It held that the employment was a negative factor because it was neither authorized by the Service nor found not to harm the United States labor market. But unauthorized employment…

August 21, 1980 ·BIA
Remanded
ALJ

Secretary of Labor (MSHA) v. Homestake Mining Company

Homestake Mining Company (FMSHRC DENY 79-579-PM): Shaft repair citation dismissed

MSHA cited Homestake Mining Company after finding several shaft sets out of alignment at its Homestake Mine. Homestake did not contest the separate imminent danger finding, but challenged the citation that could support a civil penalty. The parties agreed that Homestake knew of the misalignment and…

August 21, 1980 ·Edwin S. Bernstein ·FMSHRC
Citations vacated
ALJ

Secretary of Labor (MSHA) v. Evansville Materials, Inc.

Evansville Materials, Inc. (FMSHRC LAKE 80-195-M): Loader brake citation upheld with $25 penalty

MSHA cited Evansville Materials for using a front end loader with an air leak in its braking system at the Griffin Plant Mine. The inspector observed falling air pressure when the brakes were applied. The loader operator and a mechanic disputed that the leak impaired safe operation, but Judge…

August 20, 1980 ·George A. Koutras ·FMSHRC
Citations affirmed
COMM

Matter of Musharraf

Medical licensing bar defeated adjustment application

The Board reviewed a Pakistani citizen's appeal from the denial of a motion to reopen so he could pursue adjustment of status. He entered as an exchange visitor and initially lacked the waiver required for people subject to the two-year foreign-residence rule. After the Service granted the waiver…

August 20, 1980 ·BIA
Affirmed
ALJ

Secretary of Labor (MSHA) v. Homestake Mining Company

Homestake Mining Company (FMSHRC CENT 79-27-M): Six citations upheld and 14 vacated

MSHA sought penalties for 20 citations at Homestake Mining Company's gold mine. Thirteen concerned insulated power cables touching water, air, or telephone lines; Judge Edwin S. Bernstein found that the cited powerline standard did not cover those cables and that their existing insulation met the…

August 20, 1980 ·Edwin S. Bernstein ·FMSHRC
Mixed result
COMM

Druth Packaging Corporation

Noise violations affirmed but abatement dates remanded

Employees at two corrugators were exposed to excessive noise and did not use available hearing protection. The Secretary's acoustical expert identified feasible rigid or flexible barriers that could reduce noise by three to eight decibels. The Commission affirmed the judge's finding that Druth…

August 20, 1980 ·OSHRC
Remanded
COMM

PPG Industries (Caribe a Corporation)

Mixed mercury and respirator ruling left unreviewed

The judge vacated two citation items involving mercury exposure limits and feasible controls. He found a respirator fit-and-seal violation but classified it as de minimis. The Secretary did not wish to pursue review, while PPG sought to preserve the vacated items and eliminate the de minimis…

August 20, 1980 ·OSHRC
Mixed result
COMM

Southwestern Electric Power Company

Unguarded lathe chucks remain de minimis

Southwestern Electric Power Company did not guard the rotating chucks on two lathes, contrary to the general machine-guarding standard. The judge reduced the alleged nonserious violations to de minimis because the hazards were too slight to require abatement or a penalty. The Commission affirmed…

August 19, 1980 ·OSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Big Ten Corporation

Big Ten Corporation (FMSHRC VA 80-30): Five mine safety citations upheld with $610 in penalties

This decision resolves eight of the 14 citations originally brought against Big Ten Corporation at its No. 2 coal mine. Judge Edwin S. Bernstein dismissed a belt guard citation after crediting witnesses who described the existing fence and belt strips. He dismissed a deluge spray citation because…

August 15, 1980 ·Edwin S. Bernstein ·FMSHRC
Mixed result
ALJ

Secretary of Labor (MSHA) v. Big Ten Corporation

Big Ten Corporation (FMSHRC VA 80-30): Two electrical citations vacated and guard citation settled

MSHA sought penalties from Big Ten Corporation for citations at its No. 2 Mine. After further investigation, MSHA asked to withdraw two citations alleging inadequate short circuit and overload protection at battery charging stations; it said fuses at the power source provided the required…

August 15, 1980 ·Edwin S. Bernstein ·FMSHRC
Mixed result
ALJ

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

CRD Coal Company (FMSHRC PIKE 79-58-P): Seven violations sustained but penalties reduced to $7

CRD Coal Company operated two small Kentucky coal mines. Judge Richard C. Steffey found that seven cited violations occurred and were serious or moderately serious. He credited the inspectors' testimony that the company corrected them promptly, and he focused on the operator's inability to pay…

August 14, 1980 ·Richard C. Steffey ·FMSHRC
Modified
ALJ

Secretary of Labor (MSHA) v. Hall & Adkins Coal Company, Inc.

Hall & Adkins Coal Company (FMSHRC KENT 79-43): $116 settlement approved for four mine safety citations

Hall & Adkins Coal Company operated a coal tipple in Kentucky. The Secretary sought penalties for unsecured gas cylinders, missing fuel tank warning signs, unposted traffic rules, and a daily safety examination performed without a certified person. The parties agreed to pay the amended proposed…

August 14, 1980 ·Richard C. Steffey ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. DKT Coal Company

DKT Coal Company (FMSHRC KENT 79-348): Two canopy violations upheld with $220 penalty

DKT Coal Company operated a small underground coal mine in Kentucky. Its operator conceded that a tractor and a scoop lacked the protective canopies required by 30 C.F.R. § 75.1710-1. Judge Richard C. Steffey found both violations serious because canopies protect equipment operators from roof…

August 14, 1980 ·Richard C. Steffey ·FMSHRC
Citations affirmed
ALJ

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

Amber Coal Company (FMSHRC KENT 79-104): Roof control violation upheld with $2,000 penalty

Amber Coal Company operated a Kentucky coal mine where an inspector found entries wider than its roof control plan allowed, roof bolts spaced too far apart, and inadequate support near hill seams. Judge Richard C. Steffey sustained an order alleging a violation of 30 C.F.R. § 75.200 under the Mine…

August 14, 1980 ·Richard C. Steffey ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Harborlite Corporation

Harborlite Corporation (FMSHRC DENV 79-501-PM): Eleven mine safety citations affirmed with $518 in penalties

The Secretary sought civil penalties for eleven safety citations issued after an inspection of Harborlite Corporation's mill. The citations concerned missing records of grounding tests, an unguarded conveyor walkway, a working platform without a handrail, and exposed moving equipment. Judge Virgil…

August 13, 1980 ·Virgil E. Vail ·FMSHRC
Citations affirmed
COMM

Department of the Treasury, Bureau of Engraving and Printing (Respondent) and Washington Plate Printers Union, Local No. 2, International Plate Printers, Die Stampers and Engravers Union of North America, AFL-CIO (Complainant)

Engraving Bureau trainee bargaining complaint partly sustained (FLRA 22-08989(CA), 22-08990(CA))

Two complaints concerned employees selected to train as acting assistant foremen at the Bureau of Engraving and Printing. The administrative law judge found some violations and dismissed other allegations. The Authority held the selectees remained unit employees while training unless actually…

August 13, 1980 ·FLRA
Mixed result
COMM

Hawaii Federal Employees Metal Trades Council, AFL-CIO (Union) and Department of the Navy, Navy Public Works Center, Pearl Harbor, Hawaii (Activity)

Pearl Harbor promotion proposals split on negotiability (FLRA O-NG-64)

A Pearl Harbor Navy public works union proposed promotion procedures. The Authority sustained the agency’s objection to applying an initial area of consideration to supervisory jobs outside the bargaining unit. It set aside the objection to a separate proposal for temporary promotion when an…

August 12, 1980 ·FLRA
Mixed result
COMM

Matter of Lenning

Formal legal separation defeated spouse petition

The Board reviewed a United States citizen's visa petition for his wife from New Zealand. The marriage was valid and entered into in good faith, but the couple later executed a formal written separation agreement settling their financial, property, and other rights. The Board held that this legal…

August 12, 1980 ·BIA
Affirmed
ALJ

O. B. Sutherland, Jr. v. Texas Utilities Generating Company

Sutherland v. Texas Utilities Generating Company (FMSHRC CENT 79-93-D): Discrimination complaint dismissed

O. B. Sutherland, Jr., alleged that Texas Utilities Generating Company fired him after a workplace injury and treated other injured workers more favorably. Judge Forrest E. Stewart dismissed his mine discrimination complaint on two grounds. The complaint did not allege that the company acted…

August 12, 1980 ·Forrest E. Stewart ·FMSHRC
Procedural
COMM

Department of the Air Force, 35th Combat Support Group (TAC), George Air Force Base, California (Activity) and National Federation of Federal Employees, Local 977 (Labor Organization)

George Air Force Base grievance right upheld after contract expiration (FLRA 8-CA-113)

An Air Force base refused to process an employee’s grievance because its collective bargaining agreement had expired. The administrative law judge found that refusal interfered with employee rights. The Authority adopted the judge’s violation finding, explaining that grievance procedures continued…

August 12, 1980 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 1331, AFL-CIO (Union) and Department of Agriculture, Science and Education Administration, Eastern Regional Research Center, Philadelphia, Pennsylvania (Activity)

Agriculture research-manuscript proposal held nonnegotiable (FLRA 0-NG-175)

A union proposed detailed rules for producing research manuscripts at an Agriculture Department center. The agency argued the proposal interfered with its right to assign work. The Authority agreed that the proposal dictated assignments and sustained the agency’s nonnegotiability allegation.

August 12, 1980 ·FLRA
Upheld
ALJ

Itmann Coal Company

Hydraulic oil order upheld

Itmann Coal Company contested a withdrawal order and proposed civil penalty after an inspector found hydraulic oil accumulated in the car haul area of its No. 3 mine. The judge credited the inspector's estimate of several hundred gallons over the company's account that most puddles were water. He…

August 11, 1980 ·James A. Laurenson ·FMSHRC
Citations affirmed
ALJ

Sewell Coal Company

Dust-control citation and withdrawal order upheld

Sewell Coal Company contested a citation over the ventilation and dust-control plan for a section of its No. 4 mine and the resulting withdrawal order. After Sewell replaced its approved plan with an all-exhaust system, MSHA tested a proposed replacement plan and found that the dust level barely…

August 11, 1980 ·James A. Laurenson ·FMSHRC
Citations affirmed
COMM

Tunnel Electric Construction Co.

Exposed energized tunnel cables support serious violation

Energized 480-volt and 7,200-volt cables lay in mud, water, debris, and hardened concrete in subway tunnels where heavy equipment and employees operated. The Commission held that the rule requiring cables to be elevated or covered was not vague. The cables had suffered repeated damage, and their…

August 11, 1980 ·OSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Kaiser Steel Corporation

Kaiser Steel Corporation (FMSHRC DENV 78-512-P): $4,000 penalty for ventilation failure

Kaiser Steel Corporation was cited after an inspector found no perceptible air movement in the last open crosscut of its York Canyon No. 1 coal mine. Four miners were near the working face, where testing found 3.55 percent methane, and three were working on an energized continuous miner. After the…

August 9, 1980 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. George F. Pettinos, Inc.

George F. Pettinos, Inc. (FMSHRC YORK 80-81-M): Silica dust penalty case dismissed

George F. Pettinos, Inc., contested a proposed $106 penalty for alleged exposure of miners to excessive respirable silica dust. The company submitted its own calculation of the dust sample and argued that no violation occurred. The judge asked the Secretary's lawyer to provide the government's…

August 8, 1980 ·Joseph B. Kennedy ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. New Jersey Pulverizing Co.

New Jersey Pulverizing Co. (FMSHRC YORK 79-94-M): $278 penalty case dismissed after payment

New Jersey Pulverizing admitted six charged violations and disputed only the proposed penalty amounts. Judge Joseph B. Kennedy initially issued a provisional order assessing $278, $16 less than the contested amount, but the Commission treated that order as final and remanded the case. After remand…

August 8, 1980 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Morton Salt Division and Frontier-Kemper Constructors

Morton Salt and Frontier-Kemper Constructors (FMSHRC CENT 80-59-M): $500 settlement approved

A civil penalty case involving Morton Salt Division and independent contractor Frontier-Kemper Constructors was resolved by a proposed $500 settlement. The decision says the hazard was serious and that a fall through a gap by a suspended work platform could have caused severe injury even if workers…

August 8, 1980 ·Joseph B. Kennedy ·FMSHRC
Settled
COMM

Weatherby Engineering Company

Respirator case severed from platform review

OSHA issued separate cases after one inspection of Weatherby's offshore drilling-rig module fabrication workplace. The judge consolidated the cases and affirmed a respirator breathing-air citation in Docket 78-0611 without a penalty. Commission review was directed only on a guardrail item in Docket…

August 8, 1980 ·OSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Town of Canandaigua

Town of Canandaigua (FMSHRC YORK 80-37-M): Four pit safety penalties reduced to $35

The Town of Canandaigua admitted four safety violations at its East Bloomfield Pit involving an unguarded crusher, a front end loader without a backup alarm, and two roads without berms. The town argued that it should pay no penalty because this was its first MSHA inspection and it had not budgeted…

August 7, 1980 ·Gary Melick ·FMSHRC
Modified
ALJ

Local Union 6025, United Mine Workers of America v. Bishop Coal Co.

Local Union 6025 v. Bishop Coal Co. (FMSHRC WEVA 80-429-D): Spot inspection pay complaint dismissed

Local Union 6025 of the United Mine Workers of America filed a discrimination complaint against Bishop Coal Company over pay for miners who accompanied federal inspectors on spot inspections. The union argued that Bishop paid supervisory personnel for these inspections but did not pay employee…

August 7, 1980 ·Michael A. Lasher, Jr. ·FMSHRC
Other
ALJ

Secretary of Labor (MSHA) v. Getz Coal Sales Inc.

Getz Coal Sales Inc. (FMSHRC VINC 79-60-P): $75 penalty for unsecured gas cylinders

Getz Coal Sales Inc. contested a citation for leaving an oxygen cylinder and an acetylene cylinder unsecured near a mine haul road. The company did not appear at the hearing after receiving notice, so the judge heard the Secretary's evidence without it. Judge George A. Koutras found that the…

August 7, 1980 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Watson & Cassady Coal Company

Watson & Cassady Coal Company (FMSHRC KENT 79-110): $25 canopy citation settlement approved

Watson & Cassady Coal Company faced proposed penalties for two citations involving a battery powered scoop and the mine canopy requirement. The Secretary withdrew the proposed penalty for Citation No. 75015 after concluding that the scoop traveled through a passage less than 42 inches high, where a…

August 7, 1980 ·Richard C. Steffey ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. U. S. Steel Corporation

U. S. Steel Corporation (FMSHRC PITT 79-186-P): Settlement amount corrected to $648

Judge George A. Koutras corrected a typographical error in his July 16, 1980 order approving a settlement with U. S. Steel Corporation. That earlier order had listed the settlement amount for docket PITT 79-186-P as $688. The judge amended it to show $648 as the correct civil penalty approved for…

August 6, 1980 ·George A. Koutras ·FMSHRC
Procedural
ALJ

Secretary of Labor (MSHA) v. Burgess Mining and Construction Corporation

Burgess Mining and Construction Corporation (FMSHRC SE 79-9): $250 penalty for truck without backup alarm

Burgess Mining and Construction Corporation contested a citation for operating a mechanic's truck without an automatic backup alarm. Judge Paul Merlin rejected the company's argument that 30 C.F.R. § 77.410 was too ambiguous to apply to the truck. He also credited the inspector's testimony that the…

August 5, 1980 ·Paul Merlin ·FMSHRC
Citations affirmed
ALJ

Secretary of Labor (MSHA) v. Southern Ohio Coal Co.

Southern Ohio Coal Co. (FMSHRC WEVA 79-393): $1,500 settlement approved with revised allocation

Southern Ohio Coal Co. and the Secretary sought approval of a $1,500 settlement for a ventilation violation and an accumulation violation at the Martinka No. 1 mine. Judge Joseph B. Kennedy found the proposed $1,100 ventilation penalty excessive because the condition was rapidly abated and…

August 4, 1980 ·Joseph B. Kennedy ·FMSHRC
Settled
ALJ

Secretary of Labor (MSHA) v. Allied Products Company

Allied Products Company (FMSHRC SE 79-46-PM): $25,000 assessed for three equipment and roadway violations

An Allied Products Company employee died when a front end loader overturned after leaving an elevated haul road at the company's limestone plant. Judge William Fauver found that the road lacked a berm at the accident site, the loader had an unresolved hydraulic fluid leak, and its rollover…

August 4, 1980 ·William Fauver ·FMSHRC
Citations affirmed
COMM

Secretary of Labor v. C and K Coal Company

C and K Coal Company (FMSHRC PENN 79-60): Contractor citation case remanded for enforcement choice

A judge held C and K Coal Company responsible for safety violations committed by an independent contractor and assessed a penalty. The Commission granted the company's petition for review but deferred its decision on liability. It sent the case back so the Secretary of Labor could choose whether to…

August 4, 1980 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Kaiser Steel Corporation

Kaiser Steel Corporation (FMSHRC DENV 78-512-P): Judge's decision vacated over missing exhibits

An administrative law judge decided a penalty case against Kaiser Steel Corporation using a hearing record made before another judge who had retired. Kaiser petitioned for Commission review. The Commission found that several exhibits admitted at the hearing were missing from the record sent to it…

August 4, 1980 ·FMSHRC
Remanded
COMM

Secretary of Labor v. Phillips Uranium Corporation

Phillips Uranium Corporation (FMSHRC CENT 79-281-M): Contractor citation case remanded for enforcement choice

A judge held Phillips Uranium Corporation responsible for safety violations committed by independent contractors and assessed a penalty. The Commission granted Phillips Uranium's petition for review but deferred the liability questions. It sent the case back so the Secretary of Labor could decide…

August 4, 1980 ·FMSHRC
Remanded
COMM

Matter of Pimentel

Silva injunction required remand despite denial of relief

The Board reviewed a Dominican respondent's appeal from an order finding him deportable and denying adjustment of status, suspension of deportation, and voluntary departure. It found that his bigamous marriage, concealment of prior marriages, and use of the marriage to obtain immigration benefits…

August 1, 1980 ·BIA
Mixed result
COMM

Matter of Pierce

Separation alone did not make a marriage nonviable

The Board reviewed an exclusion order against an applicant seeking admission as the spouse of a United States citizen. Although she was separated from her husband, the record showed no legal separation or dissolution of the marriage. The Board held that the marriage's nonviability, without evidence…

August 1, 1980 ·BIA
Vacated
COMM

Matter of Boromand

A nonviable marriage alone could not support rescission

The Board reviewed an immigration judge's rescission of an Iranian respondent's adjustment of status based on his marriage to a United States citizen. The Board held that separation and a misrepresentation about living arrangements could not by themselves justify rescission when the marriage was…

August 1, 1980 ·BIA
Vacated
ALJ

Secretary of Labor (MSHA) v. North American Sand and Gravel Company

North American Sand and Gravel Company (FMSHRC LAKE 79-51-M): Three citations vacated; $70 penalty assessed

The Secretary sought penalties for nine citations issued at North American Sand and Gravel Company's pit. The alleged conditions included missing backup alarms, missing berms, unguarded equipment, and an inadequate electrical lockout procedure. Judge Charles C. Moore, Jr., upheld six citations…

July 31, 1980 ·Charles C. Moore, Jr. ·FMSHRC
Mixed result
COMM

United States Army Support Command, Fort Shafter, Hawaii (Respondent) and Service Employees International Union, Local 556, AFL-CIO (Labor Organization)

Hotel steward badge restriction upheld (FLRA 8-CA-160)

Two union stewards at an Army hotel in Hawaii were told not to wear prominent steward badges while serving the public. The judge found no unfair labor practice, and the Authority adopted that decision. It agreed that employees ordinarily may wear union insignia at work but found special…

July 31, 1980 ·FLRA
Upheld
COMM

National Roofing Corporation

Late contest remanded for inquiry into OSHA instructions

National Roofing filed its notice of contest after the statutory deadline. It claimed that the compliance officer had told it to put the citation away and forget about it. The judge dismissed the contest without investigating that allegation or making factual findings. The Commission set aside the…

July 31, 1980 ·OSHRC
Remanded
COMM

Pullman Power Products

Inspection objections require proof of prejudice

A Pullman employee used an open-sided catwalk 50 to 60 feet above a floor, and employees also faced a tripping hazard. The judge vacated the citations because Pullman's foreman did not understand that an OSHA inspection was underway. The Commission held that the compliance officer had permission to…

July 31, 1980 ·OSHRC
Citations affirmed
COMM

Ladish Co. Tri-Clover Division

Post-1972 installations must comply with the full electrical code

Ladish installed electrical equipment in 1976 without enough access and working space for safe operation and maintenance. It admitted that the condition violated section 110-16(a) of the 1971 National Electrical Code but disputed whether OSHA had incorporated that provision. The Commission held…

July 31, 1980 ·OSHRC
Citations affirmed
COMM

Mayhew Steel Products, Inc.

Stamping-machine guard issue remanded for accidental exposure analysis

Employees held tools by hand while a foot-operated stamping machine rolled a steel ring stamp across them. The judge vacated the machine-guarding citation because operators kept their fingers outside the point of operation during normal use. The Commission held that this reasoning conflicted with…

July 31, 1980 ·OSHRC
Remanded
COMM

Austin Road

Repeated trench violation remanded under Potlatch test

Austin Road was cited for a serious and repeated violation of the trench-protection standard. The judge found the violation repeated under an older test. The Commission set aside that classification and remanded for reconsideration under its Potlatch precedent. It also held that a prior nonserious…

July 31, 1980 ·OSHRC
Remanded
COMM

Johnson Steel & Wire Co. Inc.

With neither side pressing the appeal, the Commission declined to review and let the vacated guarding citation stand

OSHA cited Johnson Steel & Wire Co., Inc. for a serious violation of section 5(a)(2) of the Act, 29 U.S.C. § 654(a)(2), for failing to comply with the general machine guarding standard at 29 C.F.R. § 1910.212(a)(1). Administrative Law Judge Ben D. Worcester vacated that citation. Neither side asked…

July 31, 1980 ·OSHRC
Citations vacated
COMM

National Treasury Employees Union Joint Council (Chapters 14 and 36) (Respondent) and Internal Revenue Service and IRS St. Louis District (Complainant)

IRS complaint over altered union notice dismissed (FLRA 60-5878(CO))

A union posted and distributed an altered official notice despite an earlier settlement that required no posting. An IRS office charged the union with an unfair labor practice under a specific executive-order provision. The administrative law judge found the pleaded violation unproved and…

July 31, 1980 ·FLRA
Upheld
COMM

United States Air Force, Dyess Air Force Base, Texas Abilene, TX (Respondent) and American Federation of Government Employees, Local 2356, AFL-CIO (Complainant)

Air Force hiring discrimination remedy narrowed (FLRA 6-CA-117)

An Air Force base refused to rehire a former store checker because of her work as a union steward. The administrative law judge found an unfair labor practice and recommended appointment and back pay. The Authority adopted the violation finding but changed the remedy because the governing law did…

July 31, 1980 ·FLRA
Modified

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.