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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Texas Eastern Transmission Corporation, Texas Eastern Cryogenics Corporation, and Sinapp Co-Staten Island, Inc.
Owners dismissed, contractor case remanded
Texas Eastern Transmission Corporation and Texas Eastern Cryogenics Corporation operated a liquefied-natural-gas facility on Staten Island, and Sinapp performed repair work there. A February 1973 tank fire killed three employees of the facility companies and 37 Sinapp employees. OSHA cited the…
Matter of Jauregui
Intervening Supreme Court ruling controlled a remanded deportation case
The respondent had entered using an Alien Registration Receipt Card that was counterfeit or belonged to someone else. The Ninth Circuit remanded his deportation case after ruling that a statutory protection for some family members could apply to the charge. While the case was pending before the…
Matter of Chen
Arrival record remained usable after preliminary questioning
A husband and wife challenged the documents used to prove they had overstayed their nonimmigrant admissions. The wife had provided her Form I-94 during a preliminary interview outside her home. The Board held that the interview was voluntary and that the form could be admitted without a Miranda…
Allis-Chalmers Corporation
Scaffold item affirmed for work atop a ball mill
Allis-Chalmers manufactured heavy industrial equipment at a large Wisconsin plant that OSHA cited for 118 nonserious violations. The company contested selected scaffold and eye-protection subitems, and the judge vacated all of those contested charges. The Commission held that a scaffold citation…
Belt Railway Co. of Chicago, et al.
Railroad industry exemption rejected
This consolidated decision covers 19 dockets involving 11 railroad employers cited for workplace-safety violations. The violations were generally undisputed, but the railroads argued that Department of Transportation safety regulation created an industry-wide exemption from the OSH Act. The…
Jerald F. Hughes, Inc.
Unprotected 16-foot trench violations affirmed
Jerald F. Hughes, Inc. was installing a large sewer line in a trench that was 16 feet deep. Employees entered the trench while its loose, cracked sides were not shored, sloped, braced, or protected by the trench box available at the site. The judge treated the evidence as establishing a violation…
Underhill Construction Corp. & DIC Concrete Corp., d/b/a DIC-Underhill, A Joint Venture
Serious 24th-floor fall hazard affirmed, penalty set at $650
DIC-Underhill was performing concrete-forming work on the 24th floor of a New York high-rise project. Eleven employees worked within two to three feet of an unguarded floor edge about 200 feet above ground, with no perimeter rails, safety nets, or personal protective equipment. The Commission…
Matter of Leal
Fraud related trip counted as a new entry
A Mexican permanent resident made a one-day trip to Canada with his girlfriend as part of a plan for her to obtain an immigrant visa through fraud. When he returned, he sought admission as a returning resident, but the Service questioned the validity of the visa underlying his own residence. The…
Matter of Trillera
Voluntary affidavit supported overstay finding
A Colombian visitor remained in the United States beyond her authorized stay. She signed an affidavit during an interview with a Service investigator and did not dispute its accuracy. She argued that the Service had learned of her location unlawfully and that the affidavit should be suppressed. The…
Maryland Shipbuilding and Drydock Company
Scaffold citations vacated because the cited rules did not apply
Maryland Shipbuilding employees used a temporary powered scaffold to repaint a sign about 50 feet above the ground. The scaffold was supported by counterweighted wooden roof beams that were not fastened to the roof, and a beam fell while the platform was being raised, killing one employee and…
Kesler & Sons Construction Company
Failure-to-abate ruling affirmed after court remand
OSHA cited Kesler & Sons Construction Company for several safety violations and ordered immediate correction. The company did not contest that citation, and OSHA reinspected before the 15-working-day contest period expired, finding four conditions uncorrected. A judge affirmed the failure-to-abate…
Nabisco, Inc.
ALJ final order vacated and discretionary review granted
Administrative errors prevented a full report of the case and the parties' positions from reaching the Commissioners within the statutory 30-day review period. After examining the Secretary's petition, Nabisco's opposition, and the judge's decision, the Commission found important questions about…
Matter of Park
Korean adoption registration came too late for child classification
A lawful permanent resident sought preference immigrant classification for his adopted daughter. He had taken steps to adopt her in Korea in 1960, but the adoption was not registered until May 29, 1968, when she was 20. The Board found that Korean law made registration necessary for a valid…
Matter of Stapleton
Unauthorized work supported deportability despite a late coercion claim
The respondent entered as a temporary worker, and the Service charged him with accepting employment without authorization. A Service investigator testified that the respondent had admitted the work. The Board rejected a coercion claim first raised on appeal because the respondent had not objected…
Idaho Travertine Corporation
Mine-safety jurisdiction dismissal reversed and case remanded
Idaho Travertine quarried large stone blocks at remote sites and transported them to an Idaho Falls plant for cutting, honing, polishing, and finishing. OSHA issued one serious citation and another citation alleging 12 nonserious violations with $1,290 in proposed penalties, but the judge vacated…
Engineers Construction, Incorporated
Trench citation vacated as unpreventable misconduct
Engineers Construction was excavating a pipeline trench that was 14 feet deep, contained water, and had unstable, inadequately supported sides. Its job superintendent entered the trench for a short task needed before a trench box could be installed. He did so without authorization and in direct…
Matter of Thomopoulos
Reentry permit denial affirmed because departure was not temporary
A Greek lawful permanent resident sought another reentry permit after spending most of several years in Greece. His wife and children lived there, and he maintained a farm and a job there. He returned briefly to the United States to apply for the new permit and directed that it be delivered in…
Rothschild Washington Stevedoring Co.
Hard-hat citation affirmed, penalty reduced to $50
Rothschild Washington Stevedoring loaded and discharged cargo at a Seattle pier and aboard a ship. An OSHA inspector saw five longshoremen working without hard hats while exposed to ship gear, overhead cargo, and material that could fall from loads. The company supplied hard hats, required…
Paul L. Heath, d/b/a Paul L. Heath Contracting Co.
Trench and PPE citations affirmed with $525 in penalties
Paul L. Heath Contracting excavated a sewer trench that was about 55 feet long, six to eight feet deep, and nearly vertical, without shoring or adequate sloping. An OSHA inspector testified that he saw the company's employee climbing out of the trench at a point about seven feet deep. The employee…
Steel Erectors, Inc.
Fall-protection citation vacated for insufficient proof
Steel Erectors employees straddled roof trusses and welded joists while wearing safety belts that were not tied off, and no safety nets were installed. OSHA alleged that the work was more than 25 feet above the ground, which would trigger the cited safety-net standard. The inspector did not measure…
Crescent Erection Company
Derrick citation vacated after rooftop fall
Crescent Erection used a small derrick to install aluminum exterior panels on a high-rise building. To work from the roof, employees welded the derrick to a wheeled base that rolled on a permanent window-washing track and added counterweights. While a roughly 150-pound panel was being lowered, the…
Matter of Kwong, et al.
Visa petitions reopened after Hong Kong marriage law clarified
A United States citizen petitioned for immediate relative status for his wife and three stepchildren. The petitions had been denied because the wife's earlier customary marriage in Hong Kong was thought not to have been properly dissolved. On the Service's motion, the Board reconsidered after…
Keystone Seneca Wire Cloth Co.
Noise-abatement extension affirmed despite employee-notice defect
OSHA cited Keystone Seneca Wire Cloth for excessive workplace noise and set a January 14, 1975 deadline for eliminating the exposure. The company did not contest the citation, then later requested a six-month extension of the abatement deadline. Commission rules required notice to affected…
Bethlehem Steel Corporation
Shipyard housekeeping violation sustained as repeated
Bethlehem Steel repaired ships at its San Pedro yard. An earlier final citation involved a bilge pump and air hoses obstructing a passageway on one vessel, and a later inspection found welding leads, burning leads, and hoses obstructing passageways on another vessel. The company admitted the second…
Matter of Pierre
Board denied withholding despite threats from husband
A Haitian woman sought withholding of deportation after testifying that her husband had threatened her life and attempted to kill her. She argued that his government position would leave her without protection in Haiti. The Board found no evidence that the Haitian government would refuse to…
Matter of Tadena
Children's cases remanded for possible family sponsorship
Four children from the Philippines faced deportation after their father had used misrepresentations to obtain an immigrant visa. The immigration judge found their parents protected by a statutory waiver but held that the children could not use it. The Board agreed that the waiver did not protect…
Matter of Kashri
Student's employment request denied for lack of financial need
A university student sought permission to work after his tuition rose. His application listed $3,350 in annual expenses and $3,800 in support from parents and other family members. His earlier transfer application and his uncle's sponsorship also indicated that he had sufficient support. The…
Matter of Rina
Reconsideration denied after border stop and entry conviction
A man ordered deported for entering without inspection asked the Board to reconsider its earlier decision. He challenged the Border Patrol's stop of his car and argued that his criminal conviction should not settle the illegal entry issue in the deportation case. The Board found that the car was…
Matter of Winkens
Parents' move ended minor child's resident status
A German citizen had gained permanent residence as a child through his parents. They moved back to Germany when he was 14 and took him with them, despite his wish to stay. He later returned to the United States as a visitor and remained after his authorized stay. The Board held that his parents'…
Urban Builders, Inc.
Citations affirmed despite incorrect company name
Urban Builders was the general contractor for an apartment project cited for two serious violations and multiple nonserious violations. OSHA mistakenly addressed the citations to Urban Developers, Inc., a different corporate name. Urban Builders' president had attended the inspection conferences…
Matter of Diniz
Family fraud waiver did not reach separate deportation charge
A Portuguese citizen challenged an order of deportation arising from a marriage the immigration judge found had been made to secure his entry. He argued that a later marriage to a United States citizen made him eligible for the family fraud waiver in section 241(f). The Board upheld the…
Matter of Castillo-Sedano
Later annulment did not undo admission based on a valid marriage
A Mexican permanent resident had obtained his immigrant visa through marriage to a United States citizen. After his wife secured a default annulment, immigration officials sought to exclude him when he returned from Mexico, arguing that the marriage had been fraudulent. The immigration judge found…
Matter of Hamlin
Siblings' visa petitions returned for alternate chargeability inquiry
A United States citizen petitioned for preference status for his siblings, who were born in Guyana. The district director denied the petitions because preference categories were unavailable to natives of the Western Hemisphere. The Board held that the siblings could potentially use their father's…
Matter of Aladin
Haitian adoption at age 13 did not support an immediate relative petition
A United States citizen petitioned for immediate relative status for a child she had adopted in Haiti. The district director denied the petition for failure to meet a two-year legal custody requirement. On appeal, the Board found that Haitian law allowed the relevant adoption only when the child…
Matter of Shon Ning Lee
Labor certification required for applicant who wanted to work
A woman who had overstayed her student status appealed the denial of her application to become a permanent resident. She argued that she needed no labor certification because her husband would support her, but she had testified that she wanted to work. She also sought an investor exemption without…
Matter of Park
Exchange visitor rule barred reopening for adjustment
A Korean exchange visitor sought to reopen deportation proceedings so he could apply for permanent residence through his spouse. He argued that he had obtained exchange visitor status through fraud and had never joined the exchange program, so the foreign residence requirement should not apply to…
Matter of Mozeb, et al.
Claimed adoptions did not establish immigration status
Five applicants from the Yemen Arab Republic sought admission as adopted children of United States citizens. The Board reaffirmed its earlier finding that the claimed Yemeni adoptions did not create the legal parent-child status required for immigration purposes. It also rejected the argument that…
Matter of Tamayo
Withdrawn job offer invalidated labor certification
A Colombian weaver received a labor certification for a job with Bay State Mills in Massachusetts, but he learned before receiving his visa that the offer had been withdrawn. After entering the United States, he took a weaving job with a different company in Rhode Island. The Board held that the…
Matter of Jahromi
Student allowed off-campus work after unforeseen medical expense
An Iranian student at Louisiana State University sought permission for part-time off-campus work after an unanticipated surgery left him with a $262 medical bill. The district director granted the request and certified it to the Regional Commissioner. The Commissioner found that the new medical…
Matter of De Padova
Georgia divorce decree recognized for visa petition
A United States citizen sought immediate relative status for her Italian spouse, but the district director revoked approval of her visa petition after questioning whether her earlier Georgia divorce was valid. An investigation showed she may not have met Georgia's six-month residency requirement…
Matter of Hua Min Lin
False job offer invalidated labor certification
A music teacher entered the United States with a labor certification based on a promised $650 monthly salary from a Chinese opera club. The Board found that the club had no funded job and had merely issued checks after he supplied the same amount himself. It held that the certification was invalid…
Matter of Lawrence
Indefinite business management did not qualify as a temporary visit
A Canadian couple entered the United States as business visitors while operating a Washington company that bought and rented houses. The husband managed its daily work and had no definite departure date or limited business goal. The Board held that their potentially indefinite stay did not qualify…
Matter of Rosario
Voluntary manslaughter conviction sustained deportation order
A lawful permanent resident from the Dominican Republic was convicted of voluntary manslaughter in Puerto Rico for a killing committed within five years of his entry. He received a five year prison sentence, although it was suspended and he was placed on probation. He argued that the conviction did…
Chicago Bridge & Iron Company
Serious fire-extinguisher citation affirmed, penalty reduced to $450
OSHA cited Chicago Bridge & Iron for failing to keep suitable fire-extinguishing equipment immediately available and ready for use in a work area. The judge affirmed the citation as a serious violation. The Commission initially vacated the citation because it considered the citation untimely…
Matter of Chiang
Separate accounting job defeated investor exemption
A Chinese student who overstayed his authorized stay sought adjustment of status through an investor exemption from labor certification. He claimed to have invested in a company, but submitted only his own unaudited balance sheet and a business tax statement. The Board found that he had not met…
Francis E. Figley
Excavation and traffic-sign citations vacated by an equally divided Commission
Francis E. Figley was boring beneath a roadway from a deep excavation for a sewer line. OSHA cited the company for failing to shore or properly slope the hard or compact upper soil and for failing to post traffic signs near the excavation, which was about 10 feet from a heavily traveled highway…
Amulco Asphalt Company
Three serious excavation violations and $1,000 penalty affirmed
OSHA charged Amulco Asphalt with willfully violating three excavation safety standards. The judge found that the company violated all three standards but reduced the classification from willful to serious and assessed a $1,000 penalty. The two sitting Commissioners agreed that the violations were…
United States Steel Corp., d/b/a American Bridge
Serious safety-net citation affirmed by divided Commission
American Bridge was erecting steel on the 109th floor of the Sears Tower, about 38 feet above the next temporary floor. Two connectors walked along an 18-inch-wide beam to remove a lifting sling, and one employee lost his balance and fell to his death. No safety nets were installed, and the company…
Allied Structural Steel Company
Crane swing-radius citation vacated by an equally divided Commission
Allied Structural Steel used a truck-mounted crane while shaking out steel beams at a power-station project. The crane's outriggers were fully extended and an oiler had been assigned to act as a flagman, but no physical barrier enclosed the rear swing radius. OSHA cited the company for failing to…
Toler Excavating Company
Serious trench violation and $700 penalty affirmed
Toler Excavating installed sewer pipe in an unstable trench that was roughly nine to 12 feet deep and was not adequately shored, sloped, braced, or otherwise protected. Excavated material was stored close to one edge and a backhoe operated along the other, adding stress to the trench walls. A…
Matter of Morales
Board denied reopening after spouse's citizenship claim failed
A Mexican man entered the United States with an immigrant visa issued after officials approved a petition based on his wife's claimed citizenship. Her citizenship claim later failed, and the Board had previously upheld his deportation order. He asked the Board to reopen his case, arguing that the…
Matter of Lee
Conditional promissory note did not qualify as an investor's capital
A couple from China sought permanent residence through the husband's investment in a restaurant where he worked as a cook. He had paid $5,000 and promised another $5,000 only if his status was adjusted. The Board found that the conditional note did not count as invested capital, leaving him short…
Omni-Metal Castings, Inc.
Foundry air-contaminant, ventilation, and liquid-storage citations vacated
OSHA cited Omni-Metal Castings for excessive coal-tar-pitch volatiles, inadequate exhaust at a grinding wheel, and excessive storage of flammable or combustible liquids. The judge rejected the air-sampling laboratory reports as insufficiently reliable without testimony from the analysts and found…
A.I. Smith Electrical Contractors, Inc.
Contest dismissed after failure to answer
OSHA cited A.I. Smith Electrical Contractors for open-sided-floor and hoistway-entrance violations and proposed a $250 penalty. The company timely contested but did not answer the Secretary's complaint. It also did not respond to the judge's order to explain the missing answer, so the judge…
Matter of Von Pervieux
Italian spouse's visa quota did not overcome adjustment bar
An Argentine man and his wife, who was born in Italy, sought to adjust their status to permanent residence. The man had an approved employment petition and labor certification and claimed access to Italy's visa quota through his wife. The Board held that alternate quota chargeability did not remove…
Matter of Valbuena
Sheepherder's work outside sponsor violated visa conditions
A Spanish citizen entered temporarily to work as a sheepherder for the Western Range Association. After he was laid off and could not find another sheepherding assignment, he took a job on a cattle ranch outside the sponsoring association and industry. The immigration judge terminated the…
Olin Construction Company, Inc.
Serious unshored-trench citation affirmed by divided Commission
Olin Construction was locating an underground electrical cable while installing a water main. An OSHA inspector saw two employees in a narrow, vertical-sided trench dug in unstable fill soil and estimated from a folding rule that the trench was about six feet deep. The company disputed the depth…
Sun Shipbuilding & Dry Dock Company
Crane and personnel-box general-duty citations vacated
OSHA issued two serious general-duty citations to Sun Shipbuilding, each with a proposed $700 penalty. The first alleged that accessible crane swing-radius areas were not barricaded or otherwise protected, but the judge found that signalmen protected the areas and that the evidence did not…
Matter of Jo
New investor business required a new adjustment application
A Korean couple conceded they had remained in the United States beyond their authorized stays. The husband sought permanent residence as an investor after his first business partnership dissolved and his initial application was denied. He later invested in a different business and argued that the…
Anchor Hocking Corporation
Glass-plant noise-control citation vacated by divided Commission
Anchor Hocking's glass-forming employees worked around noise levels of 98 to 103 dBA and used personal hearing protection. OSHA alleged that the company also had to implement feasible engineering or administrative controls. Evidence showed that enclosed operator booths could reduce exposure during…
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.