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 Balodis

First-cousin marriage could support a fiancé visa petition

A naturalized United States citizen from Latvia petitioned to classify his Latvian first cousin as his fiancé under section 101(a)(15)(K) of the Immigration and Nationality Act. The couple intended to marry and live in Michigan, where first-cousin marriages could not be solemnized. The Regional…

February 12, 1980 ·BIA
Vacated
COMM

Department of Energy, Bonneville Power Administration (Activity-Petitioner) and Columbia Power Trades Council, AFL-CIO (Labor Organization)

Bonneville Power recognition amended to show Energy Department (FLRA 71-4770(AC))

Bonneville Power Administration moved from the Interior Department to the Energy Department, while its work and bargaining unit stayed the same. It asked the Authority to update the agency name in its recognition of the Columbia Power Trades Council. The council argued that older savings clauses…

February 12, 1980 ·FLRA
Other
COMM

Secretary of Labor (MSHA) v. Arch Mineral Corporation

Arch Mineral Corporation (FMSHRC WEST 79-58): Interlocutory review petition denied

Arch Mineral Corporation asked the Commission to review a judge's order allowing the Secretary of Labor to file a proposed penalty late. The Commission denied the petition for interlocutory review. It noted that the events fell during a transition between its interim and final procedural rules. It…

February 7, 1980 ·FMSHRC
Procedural
COMM

Decision on Request for General Statement of Policy or Guidance

NTEU request for broad policy statement declined (FLRA 0-PS-8)

The National Treasury Employees Union asked the Authority for broad guidance on whether several provisions of the 1978 Civil Service Reform Act displaced inconsistent terms in older collective bargaining agreements. Its examples concerned union representation, grievance arbitration, performance…

February 4, 1980 ·FLRA
Procedural
COMM

American Federation of Government Employees, Local 3669 (Union) and Veterans Administration Medical Center, Minneapolis, Minnesota (Activity)

Nurses' alternate weekend proposal outside mandatory bargaining (FLRA 0-NG-47)

A Minneapolis Veterans Administration hospital union proposed that nurses receive two consecutive days off each week and every other weekend off. The hospital said the proposal affected staffing choices reserved for bargaining only at the agency's election. The Authority found that guaranteeing…

February 4, 1980 ·FLRA
Upheld
COMM

American Federation of Government Employees, Local 2991 (Union) and Social Security Administration, El Paso District, Texas (Activity)

Social Security statistical form appeal dismissed for no proposal (FLRA 0-NG-191)

A Social Security union local sought bargaining over statistical forms used to account for employee work. The agency invited the union to submit a proposal so that negotiability could be evaluated. The union filed an appeal without giving the Authority any specific proposal. The Authority dismissed…

February 4, 1980 ·FLRA
Procedural
COMM

Colonnade Cafeteria

Contest reinstated after posting lapse

Colonnade Cafeteria timely contested three OSHA citations but did not submit proof that it had posted the notice of contest for employees. Its attorney said the proof card mailed to the employer was not received, the manager was on vacation, and the omission was unintentional. The Commission held…

January 31, 1980 ·OSHRC
Remanded
COMM

International Harvester Company

Divided Commission leaves noise settlement approved

OSHA cited excessive noise affecting salaried testers and engineers in International Harvester's endurance-testing corridor. A settlement required the company to withdraw its contest and install an acoustical ceiling over that corridor, but a union representing mechanics objected that the plan did…

January 31, 1980 ·OSHRC
Settled
COMM

Mattson Construction Co.

Repeated classifications and $2,160 penalties reinstated

OSHA cited Mattson Construction for an unguarded second-floor edge, ladder rails that did not extend 36 inches above the landing, and an unmarked electrical circuit box. The judge affirmed the violations but reduced their repeated classifications because he found no flaunting disregard of the Act…

January 31, 1980 ·OSHRC
Modified
COMM

Tri-City Construction Company

Crawler swing-radius violation affirmed

Tri-City used a 235 Crawler Caterpillar both to excavate a trench and to lower pipe sections into it. The accessible swing radius behind the machine's rotating superstructure was not barricaded, and at least one employee was exposed. The Commission held that crane and derrick standards apply…

January 31, 1980 ·OSHRC
Citations affirmed
COMM

H.B. Zachry Company

Crane power-line clearance violation affirmed

H.B. Zachry used a mobile crane to carry pipe beneath energized power lines at a construction site. The crane jib contacted the lines, fatally injuring one employee and hospitalizing another. The Commission held that the 10-foot clearance requirement applied to mobile cranes traveling with a load…

January 31, 1980 ·OSHRC
Citations affirmed
COMM

General Electric Company

No hard hat violation where loads ride low, aisles are marked, and warnings go out first

Building 63 at General Electric's Erie, Pennsylvania plant is about 600 feet long and 300 feet wide, divided into five bays. Roughly 25 feet above each bay floor run pendant-controlled overhead cranes that move motor control cabinets, materials and machine parts the length of the building, with…

January 31, 1980 ·OSHRC
Citations vacated
COMM

American Federation of Government Employees, AFL-CIO (Union) and Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio (Activity)

Air Force bargaining proposals receive split negotiability rulings (FLRA 0-NG-40)

The Air Force Logistics Command disputed negotiability of numerous union proposals covering workplace services and personnel procedures. The Authority held that proposals for day care space and union use of an agency phone system concerned employment conditions and were within the duty to bargain…

January 31, 1980 ·FLRA
Mixed result
COMM

Westinghouse Broadcasting Co., Inc. d/b/a WBZ TV Group Westinghouse Broadcasting

Locked-door and exit-sign violations affirmed

OSHA cited conditions at Westinghouse's Boston television and radio station, including wet newsroom housekeeping, alcohol storage, locked or obstructed doors, and an unmarked FM-studio exit. The Commission affirmed vacatur of the newsroom item because it duplicated an uncontested wet-floor…

January 29, 1980 ·OSHRC
Mixed result
COMM

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

NLRB arbitration award left in place (FLRA FLRC No. 78A-175)

The National Labor Relations Board's General Counsel rejected several provisions of local supplemental agreements covering regional employees. An arbitrator found that employee counseling provisions and a revised clerical backup provision complied with the national agreements. The agency sought…

January 25, 1980 ·FLRA
Upheld
COMM

Internal Revenue Service, Austin District, Austin, Texas (Respondent) and National Treasury Employees Union (NTEU) and NTEU Chapter 52 (Complainant)

IRS grievance delay found to change bargaining practice (FLRA 63-8838(CA))

The IRS Austin District held an employee's contractual grievance while a related equal employment opportunity case was in federal court. The judge found no unfair labor practice because the agency believed it was following past practice. The Authority found that the past practice covered related…

January 25, 1980 ·FLRA
Set aside
COMM

Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah (Respondent) and American Federation of Government Employees, AFL-CIO, Local 1592 (Complainant)

Air Force reassignment complaint dismissed (FLRA 61-3921(CA))

A union challenged the Air Force's noncompetitive reassignment of an employee at Hill Air Force Base, alleging that it violated an earlier arbitration award and Executive Order 11491. The judge found that the Air Force had assessed whether the new position would increase the employee's future…

January 25, 1980 ·FLRA
Upheld
COMM

Bureau of Alcohol, Tobacco and Firearms, National Office and Central Region (Respondent) and National Treasury Employees Union (Complainant)

Treasury union facilities complaint dismissed (FLRA 53-10665(CA))

The National Treasury Employees Union alleged that the Bureau of Alcohol, Tobacco and Firearms ended past practices allowing union use of official time, telephones, mail, and copying facilities without bargaining. The Authority agreed that a prior grievance barred the official time issue but held…

January 25, 1980 ·FLRA
Upheld
COMM

Department of Health, Education and Welfare, Social Security Administration, Great Lakes Program Service Center, Chicago, Illinois (Respondent) and American Federation of Government Employees, AFL-CIO, Social Security Local 1395 (Complainant)

Social Security trainee assessment required bargaining (FLRA 50-17087(CA))

Social Security's Great Lakes Program Service Center refused a union request to bargain over an individual performance assessment system for trainees. The judge found that the agency had a duty to negotiate, rather than merely consult, and that an earlier grievance concerned different events. The…

January 25, 1980 ·FLRA
Upheld
COMM

Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Midwest Region, Chicago, Illinois (Respondent) and National Treasury Employees Union and NTEU Chapter 94 (Complainant)

Treasury bargaining refusal sustained for two proposals (FLRA 50-17024(CA))

The Treasury Department's Bureau of Alcohol, Tobacco and Firearms reorganized clerical work in its Chicago firearms and explosives licensing section. The union proposed rules on work distribution, assignment swaps, and employee rotation. The Authority found that the agency committed an unfair labor…

January 25, 1980 ·FLRA
Mixed result
COMM

Naval Air Station, Jacksonville, Florida (Respondent) and Naval Air Lodge 1630, International Association of Machinists and Aerospace Workers, AFL-CIO (Complainant)

Navy carpenter discharge complaint dismissed (FLRA 42-4571(CA))

A union alleged that Naval Air Station Jacksonville terminated probationary carpenter Frank Cosentino because of his work as a union steward. The judge found that the Navy's supervisors were dissatisfied with his carpentry from early in his employment and had documented performance problems. The…

January 25, 1980 ·FLRA
Upheld
COMM

Internal Revenue Service, Brooklyn District Office (Respondents) and National Treasury Employees Union, Chapter 53 (Complainants)

IRS job transfer bargaining complaint partly upheld (FLRA 30-08634(CA))

The IRS moved two functions from its Brooklyn district office to a service center and the union alleged it had not been given a chance to bargain over the impact. An administrative law judge found violations concerning both the microfilm searches and manual part payment functions. The Authority…

January 25, 1980 ·FLRA
Mixed result
COMM

Department of the Army, Headquarters, Military Traffic Management Command (Respondent) and American Federation of Government Employees, Local 909, AFL-CIO (Complainant)

Army rating panel reprimand found unlawful (FLRA 22-09049(CA))

An Army employee selected by the union served on a merit promotion rating panel and received an oral reprimand after criticizing another panel member's rankings. The judge found no violation and recommended dismissing the complaint. The Authority held that the employee was engaged in protected…

January 25, 1980 ·FLRA
Mixed result
COMM

Association of Civilian Technicians (Union) and State of Georgia National Guard (Activity)

Georgia Guard cleanup proposal split by management rights (FLRA 0-NG-35)

A Georgia National Guard union proposed limits on assigning technicians to grounds work and a fair method for distributing general cleanup tasks. The Authority held that the first paragraph would bar management from assigning some work without employee consent, conflicting with its statutory right…

January 25, 1980 ·FLRA
Mixed result
COMM

Titanium Metals Corp. of America

What inspectors see in plain view on the walk from the guard gate is admissible, and greasing the hoist is no answer to willfulness

Two painters were working from a two-point suspension scaffold on a forty foot building at the Titanium Metals plant in Henderson, Nevada. An employee phoned in a complaint, and on May 7, 1975 two compliance officers came out. They showed their credentials to the guards at the gate, were admitted…

January 24, 1980 ·OSHRC
Citations affirmed
COMM

Karl Koch Erecting Co., Inc.

Penalty order corrected to $800

Karl Koch Erecting asked the Commission to correct penalty amounts in the judge's order. The Commission treated the request as a motion to correct a clerical oversight under Federal Rule of Civil Procedure 60(a) and granted it. The corrected penalties were $400 for Item 1, $150 for Item 2, $150…

January 23, 1980 ·OSHRC
Procedural
COMM

Acchione & Canuso, Inc.

A contractor that leases out its crane operator keeps him as its employee, and cannot lease away the duty to train him

Acchione & Canuso was the general contractor on a mile long road job in Philadelphia, and it made a habit of renting cranes and operators to its subcontractors. The structural steel subcontractor, J. Richard Steers, Inc., asked for a crane for a couple of days, and Acchione agreed orally. The…

January 23, 1980 ·OSHRC
Citations affirmed
COMM

Secretary of Labor (MSHA) v. Consolidation Coal Company

Consolidation Coal Company (FMSHRC VINC 77-132-P): $10,000 penalty affirmed

After a fatal accident at Consolidation Coal Company's surface mine, MESA cited the company under a rule barring unnecessary work near a dangerous bank. An initial penalty assessment was $1,300, which the company later offered to pay. The Department's lawyer sought $10,000, and the judge denied the…

January 22, 1980 ·FMSHRC
Citations affirmed
COMM

Miller Brewing Company

Forklift citation amendment allowed

A Miller Brewing employee drove a forklift with elevated forks, struck an overhead conveyor catwalk, overturned the truck, and was fatally injured. OSHA initially cited the condition under the general duty clause, but the judge dismissed that charge because powered-industrial-truck standards…

January 22, 1980 ·OSHRC
Remanded
COMM

Matter of Damioli

Dual nationality did not support treaty investor status

The Commissioner reviewed the denial of an Italian applicant's request to change his nonimmigrant status so he could work as a treaty investor in a Virgin Islands business. The business owner was a native-born United States citizen who also held Italian nationality through marriage. The…

January 18, 1980 ·BIA
Affirmed
COMM

Martin-Tomlinson Roofing Co., Inc.

Flat-roof safety-belt violation affirmed

Martin-Tomlinson employees worked as close as one foot from the edge of a flat roof about 20 feet above the ground without fall protection. The Commission held that the obvious fall hazard and OSHA's identification of safety belts and a lifeline established a prima facie violation of 29 C.F.R. §…

January 18, 1980 ·OSHRC
Citations affirmed
COMM

National Treasury Employees Union and NTEU Chapter 12 (Union) and Department of the Treasury, Internal Revenue Service, Birmingham District, Alabama (Activity)

IRS audit assignment appeal dismissed without a proposal (FLRA 0-NG-158)

NTEU Chapter 12 sought bargaining after the IRS Birmingham District issued a policy requiring some revenue agents to assist tax auditors. The union said it wanted to negotiate procedures for choosing which agents would perform the work. The Authority found that the union had not presented a…

January 18, 1980 ·FLRA
Procedural
COMM

National Treasury Employees Union and NTEU Chapter 95 (Union) and Department of the Treasury, Internal Revenue Service, Midwest Region (Activity)

IRS bargaining appeal dismissed without a specific proposal (FLRA 0-NG-150)

NTEU Chapter 95 sought bargaining over the impact of IRS assignments involving legal research assistants and details of appeals officers. The union did not submit a specific proposal for the Authority to evaluate. The Authority dismissed the negotiability appeal because it could not decide whether…

January 18, 1980 ·FLRA
Procedural
COMM

Pittsburgh Energy Technology Center and American Federation of Government Employees, Local 1916

Union arbitration exceptions dismissed for filing defects (FLRA 0-AR-54)

AFGE Local 1916 filed exceptions to an arbitration award involving the Pittsburgh Energy Technology Center. The Authority told the union to correct filing and service deficiencies by January 7, 1980. The union made no compliant submission, and its request for more time arrived after the deadline…

January 18, 1980 ·FLRA
Procedural
COMM

Matter of Gonzalez

Parental relationship supported sibling classification

The Board reviewed a United States citizen's petition seeking preference classification for her brother. The beneficiary was born out of wedlock to the petitioner's father and another woman, but the petitioner's mother had taken him into her home and raised him as her son until her death. The Board…

January 17, 1980 ·BIA
Other
COMM

General Motors Corporation

Settlement agreement approved

General Motors, the Secretary of Labor, and the employee representative submitted a stipulation and settlement agreement dated December 26, 1979. The Commission approved the agreement on January 17, 1980. The official order does not identify the underlying citations, cited standards, settlement…

January 17, 1980 ·OSHRC
Settled
COMM

U.S. Department of the Treasury, Bureau of the Mint (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner)

Mint employee consolidation election directed (FLRA 22-09512(UC))

AFGE sought to combine three bargaining units at the Bureau of the Mint, including a unit of guards and special police. The Mint objected to including guards, but the Authority found a community of interest and said a combined unit would support effective bargaining. It excluded guards at the…

January 17, 1980 ·FLRA
Other
COMM

Federal Deposit Insurance Corporation (Activity) and National Treasury Employees Union (Petitioner)

FDIC headquarters and field liquidators may vote together (FLRA 22-09040(RO))

NTEU sought an election for FDIC headquarters employees that would include field liquidators assigned administratively to headquarters. The FDIC argued that the field liquidators formed a separate functional group. The Authority found that they shared a community of interest under headquarters…

January 17, 1980 ·FLRA
Other
COMM

American Federation of Government Employees, AFL-CIO, Local 1786 (Union) and Marine Corps Development and Education Command, Quantico, Virginia (Activity)

Marine Corps wage survey union seats held negotiable (FLRA 0-NG-4)

AFGE Local 1786 negotiated a provision giving union members places on teams collecting local wage data for certain nonappropriated fund employees at Quantico. The Marine Corps disapproved it, arguing that management could choose the personnel conducting its operations. The Authority held that union…

January 17, 1980 ·FLRA
Set aside
COMM

American Federation of Government Employees, AFL-CIO, Local 1928 (Union) and Department of the Navy, Naval Air Development Center, Warminster, Pennsylvania (Activity)

Navy safety shoe proposal held negotiable (FLRA 0-NG-13)

AFGE Local 1928 proposed that Navy employees required to wear foot protection receive safety shoes without charge. The Defense Department argued that an internal protective equipment instruction barred bargaining. The Authority found that the agency had identified no conflict between the…

January 17, 1980 ·FLRA
Set aside
COMM

United States Army Missile Materiel Readiness Command (USAMIRCOM) (Activity) and American Federation of Government Employees, Local 1858, AFL-CIO (Union)

Army commissary holiday schedule award upheld (FLRA 0-AR-7)

An Army commissary changed some employees' days off around Monday holidays so the store could remain open on Saturdays. An arbitrator denied the union's grievance, finding no contract violation or loss of a day off. The union argued that the award violated holiday pay law, a regulation, the…

January 17, 1980 ·FLRA
Upheld
COMM

Matter of Garcia

Involuntary admissions could not support deportability

The Board reviewed a Mexican respondent's appeal from a deportability finding based on entry without inspection. The Immigration Judge relied on forms recording admissions made after the respondent said Service officers told him deportation was inevitable, denied him access to counsel, and detained…

January 16, 1980 ·BIA
Vacated
COMM

Matter of Samai

Inadequate hearing notice required a new deportation hearing

The Board reviewed an immigration judge's decision finding an Iranian student deportable and denying voluntary departure. The Order to Show Cause was mailed on September 5, 1978, and received on September 8, when the hearing was held, without the minimum notice required by the applicable…

January 16, 1980 ·BIA
Remanded
COMM

Matter of Reyes

Conditional adjustment grant could not be reopened to challenge eligibility

The Board reviewed a Service motion to reopen deportation proceedings after an immigration judge conditionally granted the respondent's adjustment of status. The Service alleged that the marriage supporting the adjustment was fraudulent and that the respondent had been convicted of violating 18…

January 16, 1980 ·BIA
Vacated
COMM

Matter of Niayesh

Student visa holder was excludable after unauthorized employment

The Board reviewed an appeal by an Iranian student who had left school and accepted full-time work as a machinist before attempting to return to the United States with a student visa. The majority held that he was excludable because he did not have a valid immigrant visa and that the District…

January 16, 1980 ·BIA
Affirmed
COMM

Matter of Sanchez

Mail fraud conviction left waiver eligibility dependent on legitimation finding

The Board reviewed a Mexican lawful permanent resident's appeal after he was found deportable for mail fraud committed within five years of an entry and sentenced to one year and one day, even though the sentence was suspended. The Board held that his frequent commuter entries counted for the…

January 15, 1980 ·BIA
Remanded
COMM

American Federation of Government Employees, AFL-CIO, Local 1617 and Headquarters, San Antonio Air Logistics Center, Kelly Air Force Base, Texas

Air Force shift negotiability appeal dismissed as moot (FLRA 0-NG-33)

AFGE Local 1617 challenged the Air Force's establishment of a staggered seven day shift at Kelly Air Force Base. The union filed both an unfair labor practice charge and a negotiability appeal. The regional director declined to issue a complaint on the charge, finding that the collective agreement…

January 11, 1980 ·FLRA
Procedural
COMM

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

U.S. Steel Corporation (FMSHRC PITT 76X232-P): Penalty decision affirmed

The administrative law judge assessed penalties against U.S. Steel Corporation in two dockets. The Commission affirmed the judge's decision in a brief order. It cited two earlier Commission decisions and its November 30, 1979 order in this case, but gave no further reasoning in this release. The…

January 10, 1980 ·FMSHRC
Citations affirmed
COMM

Dravo Corporation

Ventilation is owed the moment welding starts in a confined space, and nobody has to measure the air first

A compliance officer inspecting Dravo's Neville Island shipyard near Pittsburgh on November 14, 1975 watched a welder climb out of a deck hatch on a barge under construction. The welder had spent four hours making repairs inside the rake, the compartment at the sloped bow. The rake is fifty-four…

January 9, 1980 ·OSHRC
Citations affirmed
COMM

American Federation of Government Employees, AFL-CIO, Local 1661 and Department of Justice, Bureau of Prisons, Federal Correctional Institution, Danbury, Connecticut

Prison sick leave bargaining appeal held premature (FLRA 0-NG-43)

AFGE Local 1661 sought to bargain over portions of a sick leave policy at the Danbury federal prison. The prison said the national master agreement barred local bargaining on those matters, and the union disputed that reading. The Authority held that the parties first had to resolve what their…

January 9, 1980 ·FLRA
Procedural
COMM

American Federation of Government Employees, AFL-CIO, Local 1617 and Department of the Air Force, Headquarters, Air Force Logistics Command, Kelly Air Force Base, Texas

Air Force appraisal guidance appeal sent to complaint process (FLRA 0-NG-39)

AFGE Local 1617 claimed that appraisal guidance given to supervisors at Kelly Air Force Base changed working conditions without bargaining. The Air Force said the guidance restated existing standards. The Authority held that the dispute turned on whether a change occurred and whether the agency…

January 9, 1980 ·FLRA
Procedural
COMM

Matter of Flores

Fraudulent entry documents barred voluntary departure

The Board reviewed a Mexican respondent's appeal from the denial of voluntary departure after he entered the United States without inspection and was convicted of conspiring to violate federal law and selling false documents relating to alien registration. The Board held that selling counterfeit…

January 8, 1980 ·BIA
Affirmed
COMM

Matter of Cavazos

Family equities overcame preconceived intent in adjustment case

The Board reviewed a Mexican respondent's application for adjustment of status after he entered as a visitor, married a United States citizen, and had a United States citizen child. The immigration judge denied adjustment as a matter of discretion based on a finding that the respondent intended to…

January 8, 1980 ·BIA
Other
COMM

Matter of Fong

Stepmother visa petition remanded for evidence of parental involvement

The Board reviewed a United States citizen's visa petition for his father's first wife, whom he claimed as his stepmother. The District Director had denied the petition because the family structure involved the father's later relationship with the petitioner's natural mother and was considered…

January 7, 1980 ·BIA
Remanded
COMM

Secretary of Labor ex rel. Rodney D. McCoy v. Ora Mae Coal Company

Ora Mae Coal Company (FMSHRC KENT 79-263-D): Interlocutory review denied

In a discrimination complaint involving miner Rodney D. McCoy, a judge ordered production of documents containing miners' statements after deletion of informants' names. The Secretary sought interlocutory review, arguing that the statements might still identify informants and that an MSHA…

December 31, 1979 ·FMSHRC
Procedural
COMM

Mississippi Power and Light

General-duty electrical citation vacated

A Mississippi Power crew replacing a utility pole attempted to transfer an 8,000-volt line after opening the wrong disconnect, and one lineman died; the Commission inferred that he was electrocuted by the live line. OSHA cited the company under the general duty clause even though specific…

December 31, 1979 ·OSHRC
Citations vacated
COMM

George Hyman Construction Co.

A different jobsite, a different superintendent and a year's gap go to the penalty, not to whether the violation is repeated

An OSHA inspection of a George Hyman Construction site in Washington, D.C. on January 16, 1976 produced two citations: debris not cleared from work areas under 29 C.F.R. § 1926.25(a), and unguarded temporary lights under 29 C.F.R. § 1926.401(j)(1). Hyman admitted both violations. The case was…

December 31, 1979 ·OSHRC
Citations affirmed
COMM

Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Central Region (Activity-Petitioner) and National Weather Service Employees Organization, MEBA, AFL-CIO (Labor Organization)

Weather Service forecasters and clerks excluded from unit (FLRA 60-5982(CU))

The National Weather Service sought to remove supervisory meteorologists and clerical staff assigned to meteorologists in charge from a Central Region bargaining unit. The Authority found that the meteorologists used independent judgment to assign employees and were supervisors. It found that the…

December 31, 1979 ·FLRA
Other
COMM

Social Security Administration, Mid-America Program Service Center, BRSI, Kansas City, Missouri (Respondent) and American Federation of Government Employees, AFL-CIO, Social Security Local 1336 (Complainant)

Social Security steward memo found unlawful (FLRA 60-5757(CA))

A Social Security supervisor placed a memo in an employee's file criticizing the union steward who represented him. The judge found that publishing those disparaging remarks interfered with protected representation and that later removal of the memo did not cure the violation. He rejected a…

December 31, 1979 ·FLRA
Upheld
COMM

National Treasury Employees Union, Washington, D.C. (Respondent) and Bureau of Alcohol, Tobacco and Firearms, Washington, D.C. (Complainant)

Treasury union counselor nomination coercion sustained (FLRA 41-6047(CO))

The Bureau of Alcohol, Tobacco and Firearms complained that NTEU Chapter 88 pressured a nonmember to join the union as a condition of nomination for an equal employment opportunity counselor position. The judge found that the chapter president told her membership would affect whether he nominated…

December 31, 1979 ·FLRA
Upheld

What these documents are

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