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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Itmann Coal Company
Roof support order upheld
At Itmann Coal Company's No. 3 Mine, an inspector saw a belt cleaner cross a roof fall beneath unsupported roof. Judge James A. Laurenson found that miners had used this route repeatedly and that the roof was cracked and unstable. He upheld the imminent danger withdrawal order and found a violation…
Farmers Export Company
Settlement with exculpatory language approved
The parties settled a serious-citation case arising from Farmers Export's Louisiana grain facility. The judge rejected the agreement because it denied admissions and restricted use of the settlement in later proceedings. A Commission majority held that the Commission may review settlements but…
Internal Revenue Service, Chicago, Illinois (Respondent) and National Treasury Employees Union, National Treasury Employees Union, Chapter 10 (Complainant)
IRS information complaint barred by earlier grievances (FLRA 5-CA-77)
An IRS union filed an unfair labor practice complaint over the agency’s refusal to provide information for employee disciplinary proceedings. The employees had already raised the same information dispute through negotiated grievances. The administrative law judge found the complaint barred by the…
Heath & Stich, Inc.
A sewer pipe is not a trench box and a flagman is not a barricade
Heath & Stich was renovating a San Antonio street and laying new sewer pipe. It dug a trench in segments, cutting through the asphalt at a width of 12 feet for the first 14 inches and then going straight down at a width of 8 feet to a depth of 10 or 11 feet. A front end loader dumped gravel into…
International Association of Fire Fighters, Local F-48, AFL-CIO (Union) and Naval Support Activity, Mare Island Station, California (Activity)
Mare Island firefighter proposals split (FLRA 0-NG-139)
A Mare Island firefighters union challenged agency objections to proposals about Sunday work and training. The Authority held that the first proposal restricted management’s right to assign work and was outside the duty to bargain. It found the second proposal negotiable because its undertaking to…
Ogden Air Logistics Center, Hill Air Force Base, Utah (Activity) and American Federation of Government Employees, Local 1592 (Union)
Hill Air Force Base arbitration exceptions dismissed as late (FLRA 0-AR-99)
An AFGE local filed exceptions to an arbitration award involving Hill Air Force Base. The Authority found that the filing arrived after the deadline prescribed by its arbitration rule. It dismissed the exceptions without deciding the award’s merits.
Headquarters, 323rd Flying Training Wing, Mather Air Force Base, California (Activity) and American Federation of Government Employees, Local 1692 (Union)
Mather Air Force arbitration exceptions dismissed as late (FLRA 0-AR-102)
An AFGE local sought review of an arbitration award involving Mather Air Force Base. The Authority found its exceptions untimely and could not accept them for review. The award’s merits were not decided.
United States Steel Corporation
Split ruling on roof control and loose ribs
Two inspectors cited conditions at U.S. Steel's Gary District No. 2 Mine in separate contests. Judge Richard C. Steffey upheld a citation under the mine's roof control plan because a shuttle car roadway exceeded 18 feet without the required posts, despite the company's concern that posts could…
Eaton Sand & Gravel Company
$3,000 penalty for work near a dangerous highwall
An inspector cited Eaton Sand & Gravel after a foreman and another employee worked on a disabled front-end loader near a highwall at the Belleview Plant. Material fell from the highwall and pushed the loader; the foreman, Robert Marcum, died later that day. Judge Richard C. Steffey found a…
Ely Fuel Company
Conveyor guard citation upheld
An inspector cited Ely Fuel Company because the tail pulley of a conveyor belt at its Fields Preparation Plant had no guard. Judge Richard C. Steffey found a violation of 30 C.F.R. § 77.400 and ordinary negligence, despite testimony that an older tipple had operated without the same guard for years…
Margin Coal Company, Inc.
Explosives truck violations upheld
Margin Coal Company conceded five violations involving explosives on a truck and its discharged fire extinguisher at the No. 6 Strip Mine. Judge Richard C. Steffey assessed two $1,000 penalties for blasting caps stored with metal equipment that could create a spark. He assessed two $500 penalties…
Shamrock Coal Company
Mine safety settlement approved
Shamrock Coal Company and the Secretary settled a civil penalty case involving 14 notices at the No. 18 Mine. They agreed to $1,203 in penalties for 11 notices, down from the $1,805 initially proposed for the case. Judge Richard C. Steffey accepted the negotiated penalties after reviewing the…
Decision on Request for General Statement of Policy or Guidance
FAA vehicle policy guidance request denied (FLRA 0-PS-18)
A union sought general guidance on whether a benefit in a bargaining agreement could be extended to employees outside the unit. The Authority concluded that the question would be better resolved through unfair labor practice procedures with a factual record. It denied the policy guidance request…
National Federation of Federal Employees, Local 862 (Union) and Tooele Army Depot, Tooele, Utah (Activity)
Tooele hazardous duty proposal deferred (FLRA 0-NG-44)
A Tooele Army Depot union sought bargaining over hazardous duty pay for guards and firefighters. The Authority concluded that the parties first needed to resolve whether the duties were irregular and whether they had already been considered in classifying the jobs. It denied the negotiability…
Office of Hearings and Appeals, Social Security Administration, HEW (Activity) and Local 3615, American Federation of Government Employees (Union)
Social Security arbitration exceptions dismissed (FLRA 0-AR-94)
An AFGE local filed exceptions to an arbitration award concerning a Social Security hearings office. The Authority found the exceptions untimely under its rule. It dismissed them without deciding the award’s merits.
Department of the Navy, Consolidated Civilian Personnel Office, Naval Base Police, Pearl Harbor (Activity) and Local R-12-195, International Brotherhood of Police Officers, National Association of Government Employees (Union)
Pearl Harbor arbitration exceptions dismissed (FLRA 0-AR-90)
A police officers union filed exceptions to an arbitration award involving Pearl Harbor naval base police. The Authority found the filing untimely under its regulations. It dismissed the exceptions without reviewing the award’s substance.
Mare Island Naval Shipyard (Activity) and Federal Employees Metal Trades Council of Vallejo, AFL-CIO (Union)
Mare Island arbitration exceptions dismissed as late (FLRA 0-AR-105)
A metal trades union filed exceptions to an arbitration award involving Mare Island Naval Shipyard. The Authority found the exceptions untimely under its rule. It dismissed them without reviewing the award’s merits.
Naval Air Development Center (Activity) and American Federation of Government Employees, Local #1928 (Union)
Naval Air Development arbitration exceptions dismissed (FLRA 0-AR-103)
An AFGE local filed exceptions to a Naval Air Development Center arbitration award. The Authority found them filed after the applicable deadline. It dismissed the exceptions without reaching the award’s merits.
Kanawha Coal Company
Respirable dust citations upheld
MSHA sought penalties for three respirable dust citations at Kanawha Coal's Madison mines. Kanawha argued that the 1977 amendments had left no enforceable dust standard because the Secretary of Labor had not approved the sampling device anew. Judge Edwin S. Bernstein found that earlier device…
Harrison-Peltron, A Joint Venture
Imminent danger withdrawal order vacated
Harrison-Peltron challenged an MSHA order withdrawing miners from four areas of its Newlin Creek Mine because of roof conditions. The judge found that some roof areas were loose, cracked, or separated, but the operator's mining sequence and continuing inspection allowed dangerous shale to be…
Kincheloe and Sons, Inc.
Two conveyor guarding citations vacated
MSHA alleged that Kincheloe and Sons failed to guard two self-cleaning conveyor tail pulleys at its quarry. The pulleys were 12 to 14 inches above the ground and within the conveyor frames. Judge Virgil E. Vail found that the possibility of contact or injury was too remote on these facts to meet…
Matter of Lewiston-Queenston Bridge
Bridge owner was not liable for a later illegal entry
The Board reviewed a $1,000 fine imposed on the Niagara Falls Bridge Commission after an alien crossed the Lewiston-Queenston Bridge, presented for inspection, was denied admission, and then drove away from Canada without leaving the United States. The Board held that “landing” and “entry” are…
Morton Brothers
Settlement approved for four mine citations
Morton Brothers operated the Donna Mountain open pit mine. MSHA cited an unprotected opening near a jaw crusher, unbushed power wires, a loader without a reverse warning arrangement, missing emergency telephone numbers, and excessive noise exposure. The parties agreed to settle four citations for…
Thor Mining Company
Five citations sustained or settled, two dismissed
MSHA cited Thor Mining Company for unguarded conveyor pulleys, missing handrails, an open pump sump, and electrical conditions at its Speer-Thor Mine. Judge John F. Cook upheld four citations involving the pulleys, the storage tank roof, and the sump opening. He dismissed a junction-box citation…
Foster and Kleiser
The judge read the equipment standard correctly, so the Secretary's motion to switch standards on review goes back to him
The Secretary cited Foster and Kleiser at its Akron, Ohio workplace under 29 C.F.R. § 1926.104(a), alleging the company was not enforcing the use of lifelines, safety belts, and lanyards. Administrative Law Judge Paul L. Brady vacated. He read § 1926.104(a) as setting conditions on how such…
International Association of Fire Fighters, Local F-61 (Union-Petitioner) and Philadelphia Naval Shipyard (Activity)
Philadelphia firefighter proposals split (FLRA 0-NG-6)
A Philadelphia Naval Shipyard firefighters union proposed terms governing training, promotions, and overtime. The Authority held that proposals limiting management’s work assignments were outside the bargaining duty. It found a provision on promotion procedures negotiable only for bargaining unit…
Victor McCoy v. Crescent Coal Company
McCoy v. Crescent Coal (FMSHRC PIKE 77-71): Dismissal reversed for a hearing
Victor McCoy claimed that Crescent Coal Company discharged him after he refused to ride a belt line he believed was unsafe. An ALJ dismissed his application when he missed prehearing requirements after his lawyer withdrew. The Commission accepted his late review petition because he had appeared…
Matter of Pavlovic
Yugoslavian law made an out-of-wedlock child legitimate at birth
A lawful permanent resident from Yugoslavia petitioned for preference status for his unmarried daughter. The District Director denied the petition because the daughter's birth certificate did not identify a father and the petitioner had not formally legitimated her before she turned 18. The Board…
St. Clair Lime Company
Safety belt citation upheld after a fall from a scaling basket
MSHA cited St. Clair Lime Company after two workers fell from a raised basket while scaling rock at its underground limestone mine. They were not wearing safety belts or lines when a falling rock struck the basket. The company argued that the basket railing protected them, that inspectors had not…
American Colloid Company
Conveyor withdrawal order and two citations upheld
MSHA cited American Colloid Company at its Belle Fourche Mill for a worker on a raised conveyor belt without a safety belt, gasoline in an unlabeled plastic container, and power switches with unreadable labels. The company disputed whether anyone stood on the conveyor belt and argued that a worker…
Secretary of Labor on behalf of Larry D. Long v. Island Creek Coal Company and Langley & Morgan Corporation
Larry D. Long v. Island Creek Coal and Langley & Morgan (FMSHRC VA 79-81-D): Retaliatory reassignments found, relief reserved
The Secretary brought a discrimination complaint for Larry Long, a carpenter employed by mine contractor Langley & Morgan at Island Creek Coal's Virginia mines. Long complained about the transport of explosives and later about an unsafe truck. Judge William Fauver found that both companies jointly…
Matter of Patel
Adoption accepted, prior residence still required proof
A lawful permanent resident from India petitioned for visa-preference status for his adopted son. The District Director found that the adoption was invalid because the adoption documents did not show consent from the adoptive father's wife and the child's natural mother, and also found that the…
Tri-City Construction Company
Willful power-line violation carries maximum penalty
A Tri-City employee operated a backhoe beneath a 7,200-volt overhead line and contacted it. The company knew the power-line hazard, did not use a designated observer while the backhoe traveled beneath the line, and could have sought de-energization or protective covering from the utility. The…
Turner Welding & Erection Co., Inc.
Safety belts with nothing to tie off to defeat the protective equipment charge, so the citation is amended to the standard the unused ladder fits
Turner Welding was the subcontractor erecting the precast concrete panels that form the base of a building on Interstate 10 in San Antonio. Each panel is about fifteen feet wide, twenty-nine feet high, six inches thick, and weighs between 32,000 and 40,000 pounds. A crane sets the panels on pads…
The Duriron Company, Inc.
Foundry case severed from heat-stress review
Two cases from concurrent inspections of Duriron's foundry were consolidated for hearing and decision. The judge resolved several molten-metal, machine-guarding, and grinding-machine items in Docket 77-2846, and the Commission corrected a clerical error to reflect that two grinding-machine items…
Veterans Administration Medical Center, Shreveport, LA (Respondent) and American Federation of Government Employees, AFL-CIO, Local 2000 (Complainant)
Shreveport VA complaints dismissed (FLRA 64-4243(CA))
A Shreveport VA union challenged the dismissal of two unfair labor practice complaints. The administrative law judge found the agency had not committed the alleged violations. The Authority adopted those findings and dismissed both complaints.
Department of the Navy, Naval Underwater Systems Center, Newport Naval Base (Respondent) and Federal Union of Scientists and Engineers, National Association of Government Employees, Local R1-144 (Complainant)
Navy official time restriction unlawful; records claim dismissed (FLRA 31-11669(CA))
A Navy research center restricted the established official time used by a union president without first bargaining with the union. The judge had recommended dismissing the complaint, but the Authority found that change unlawful and ordered a remedy. It agreed with the judge that the union had not…
Samson Paper Bag Co., Inc.
The noise case goes back for cost findings, and Continental Can survives because no majority replaced it
Samson ran a paper bag plant in Huntington, Long Island, with about 100 employees and 17 bag and sack machines. Roughly 23 employees worked in noise reaching 100 dBA, above the limits in Table G-16 of the occupational noise standard, 29 C.F.R. § 1910.95(b)(1). All of them wore earplugs. The…
Secretary of Labor (MSHA) v. C.C.C.-Pompey Coal Company, Inc.
C.C.C.-Pompey Coal Company (FMSHRC PIKE 79-125-P): Combustible materials case remanded
MSHA cited C.C.C.-Pompey Coal Company for combustible materials on a scoop's electrical components. The ALJ found an accumulation but dismissed the penalty petition because the inspector had not established how long the material had been there. Before the judge issued his written decision, the…
Secretary of Labor (MSHA) v. J. P. Burroughs & Son, Inc.
J. P. Burroughs & Son (FMSHRC LAKE 80-223-M): Timely opposition must be considered
The Secretary asked an ALJ to dismiss J. P. Burroughs & Son's penalty contest, asserting that the operator had missed the deadline to contest the proposed penalties. The ALJ granted the motion on April 30, the same day the operator mailed its opposition by certified mail. Commission rules gave the…
Matter of Adalatkhah
Separated spouse remained eligible for adjustment of status
An Iranian citizen who had remained in the United States beyond his authorized student stay was found deportable but was granted adjustment of status by the immigration judge. The Service argued that his separation from his United States citizen wife made the marriage nonviable and disqualified him…
National Federation of Federal Employees, Local 1451 (Union) and Navy Exchange, Naval Administrative Command, Orlando, Florida (Activity)
Navy Exchange promotion source restriction rejected (FLRA 0-NG-160)
A Navy Exchange union proposed limits on when the agency could consider outside applicants for promotional vacancies. The Authority held that the proposal interfered with management’s statutory right to select from appropriate sources. It sustained the agency’s nonnegotiability allegation.
Marine Corps Logistics Support Base, Pacific, Barstow, California (Activity) and American Federation of Government Employees, AFL-CIO, Local 1482 (Union)
Marine Corps nonarbitrability award set aside (FLRA 0-AR-23)
A Marine Corps union grieved a work assignment under the parties’ agreement. The arbitrator declined to hear the grievance, reasoning that management’s statutory assignment right made it nonarbitrable. The Authority held that management rights did not prevent an arbitrator from hearing a claimed…
National Border Patrol Council and National Immigration and Naturalization Service Council (Union) and United States Department of Justice, Immigration and Naturalization Service (Activity)
Border Patrol arbitration award stands (FLRA 0-AR-12)
A Border Patrol union challenged an arbitration award. The Authority considered the asserted grounds for review and found the petition did not meet the requirements for accepting an arbitration appeal. It denied the petition, leaving the award in effect.
Naval Ordnance Station, Louisville, Kentucky (Activity) and Local Lodge No. 830, International Association of Machinists and Aerospace Workers (Union)
Louisville ordnance leave arbitration award stands (FLRA 0-AR-11)
A naval ordnance station challenged an arbitration award concerning employee excusal from duty and annual leave under its agreement. The Authority found the agency had not shown that the award conflicted with governing law or management rights. It denied the petition for review, leaving the award…
Matter of John
Missionary work did not interrupt lawful residence
The Regional Commissioner reviewed a lawful permanent resident's application for a reentry permit after the applicant spent extended periods in India performing missionary work for a recognized United States religious denomination. The District Director treated the absences as an interruption of…
Department of the Air Force, National Guard Bureau, The Adjutant General, The State of Arizona (Activity/Petitioner) and American Federation of Government Employees, Local 3046 (Labor Organization)
Arizona Guard shop chiefs excluded from unit (FLRA 8-CU-1)
The Arizona National Guard sought to remove small shop chief positions from an AFGE bargaining unit. The Authority found the nine disputed chiefs exercised independent judgment in directing technicians and were supervisors under the statute. It clarified the unit by excluding their job…
Mel Jarvis Construction Company, Inc.
The repeat question returns under Potlatch, and to a different judge because Carlson left for the mine commission
Administrative Law Judge John A. Carlson decided several issues in this case. One of them was that Mel Jarvis Construction Company's failure to comply with 29 C.F.R. § 1926.303(b), the guarding requirement for abrasive wheels, was not properly classified as repeated. The Secretary petitioned for…
Department of the Army, Fort Bragg Schools (Respondent) and North Carolina Federation of Teachers, AFT, AFL-CIO (Labor Organization)
Fort Bragg school union interference found (FLRA 4-CA-148)
At Fort Bragg schools, principals attended union recruitment meetings and a superintendent made statements discouraging collective bargaining. The administrative law judge found unfair labor practices in the consolidated cases. The Authority adopted that decision and ordered the schools to stop the…
U.S. Department of the Treasury, Internal Revenue Service, North-Atlantic Service Center, Andover, Massachusetts (Activity) and National Treasury Employees Union (Petitioner) and American Federation of Government Employees, Local 2078, AFL-CIO
Andover IRS representation elections directed (FLRA 1-RO-12)
Two unions sought to represent employees at the IRS North Atlantic Service Center in Andover. The Authority defined an appropriate unit that included professional employees but required their separate consent before a combined unit could be certified. It directed separate voting groups for the…
Decision on Request for General Statement of Policy or Guidance
Negotiability status quo policy request denied (FLRA 0-PS-17)
The National Treasury Employees Union asked the Authority for general guidance on whether an agency must preserve the status quo while a union appeals a nonnegotiability ruling. The Authority concluded that the issue did not meet the standards for a broad policy statement. It denied the request…
Matter of Zamora
Parent's abandoned residence status was imputed to minor child
A Mexican citizen who had entered the United States as a lawful permanent resident was sent back to Mexico as a minor when his parents returned there. He remained in Mexico for about nine years and was later denied admission as a returning resident because his mother had abandoned her United States…
Secretary of Labor (MSHA) v. Oracle Ridge Mining Partners
Oracle Ridge Mining Partners (FMSHRC WEST 79-248-M): Explosives magazine penalty reversed
MSHA cited Oracle Ridge Mining Partners for explosives and detonator magazines made with thin aluminum sheeting. The ALJ treated the magazine standard as requiring construction strong enough to withstand a possible rock fall and assessed a $122 penalty. The Commission held that the cited rule…
Matter of Varughese
Unpaid church work did not establish minister status
An Indian student sought adjustment of status as a special immigrant minister based on his work for a church. The immigration judge found him deportable for overstaying and denied adjustment because he was not primarily engaged in religious work and had worked without authorization. The Board held…
Matter of Gordon
Unfair advance waiver procedure required termination
The Service invited a recently convicted lawful permanent resident to apply for an advance section 212(c) waiver outside any deportation or exclusion proceeding. The invitation required an application within 30 days and did not explain the applicant's burden to prove that discretionary relief was…
Geisler Ganz Corporation
Power-press guarding case remanded under Commission burden-of-proof rule
OSHA cited Geisler Ganz Corporation for failing to guard the point of operation on mechanical power presses. The judge vacated the citation because he placed the burden on the Secretary of Labor to prove that a particular guarding method was feasible and useful. Relying on its decision in F.H…
Midwest Steel Erection, Inc.
Temporary floor did not automatically satisfy fall-protection rule
Midwest Steel Erection employees installed temporary metal-grating floors at a power plant while working 30 to 80 feet above ground. Some employees at unprotected perimeters were not tied off. The judge found compliance because the grating qualified as one of the alternatives to safety nets listed…
Matter of Abdoulin
Prolonged absence defeated claimed resident status for spouse petition
The Board reviewed an Iranian permanent resident's appeal from denial of a visa petition filed for his wife. He had left the United States for about 11 years, then returned three times as a nonimmigrant, including most recently as a visitor. The Board held that the waiver-of-visa decision did not…
The Adjutant General's Office, Puerto Rico Air National Guard (Respondent) and National Federation of Federal Employees, Local 1665 (INDEPENDENT) (Complainant)
Puerto Rico Guard RIF bargaining remedy narrowed (FLRA 37-01985(CA))
The Puerto Rico Air National Guard introduced new reduction in force procedures affecting represented technicians. The administrative law judge found that the Guard failed to bargain over implementation and effects. The Authority adopted the violation but changed the remedy: it did not order the…
Secretary of Labor (MSHA) v. Old Ben Coal Company
Old Ben Coal Company (FMSHRC VINC 75-267): Withdrawal orders affirmed
MESA issued Old Ben Coal Company an initial withdrawal order within 90 days of an underlying notice, then issued five additional withdrawal orders more than 90 days after the notices. The later orders named section 104(c)(1) of the 1969 Coal Act, which had a 90 day limit, instead of section…
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.