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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M.F. and U.S. Postal Service, Dominick V. Daniels Processing & Distribution Center
Board upholds M.F.’s overpayment and $500 recovery deductions (ECAB 21-0359)
M.F., a postal motor vehicle operator with an accepted knee claim, received FECA wage-loss compensation and Social Security retirement benefits attributable in part to federal service. OWCP found a $12,223.48 overpayment because it had not offset the retirement benefits from May 2019 through…
R.O. and U.S. Postal Service, West Grand Post Office
Board upholds denials of R.O.’s two wage-loss requests (ECAB 20-0247)
R.O., a postal letter carrier, had accepted left knee and leg injuries from a fall at work. She claimed wage-loss compensation for time spent at medical appointments on four dates in August, September, and October 2018. The Board upheld OWCP’s denial because the record did not show that she…
J.R. and Department of the Army, Directorate of Emergency Services, Protection & Prevention
Board upholds J.R.’s overpayment after return to full-duty work (ECAB 20-0025)
J.R., an Army firefighter with an accepted shoulder strain, returned to full-duty work on October 19, 2018. OWCP continued paying partial disability compensation through February 2, 2019 and later found a $5,255.57 overpayment. The Board agreed that J.R. could not receive both full-duty earnings…
National Treasury Employees Union and United States Department of the Treasury, Internal Revenue Service
IRS and NTEU (FLRA 0-NG-3461): Authority finds contractor-module proposals already covered
The IRS introduced a contractor-management module that changed some bargaining-unit employees' duties. NTEU proposed that module work not be assigned under generic “other duties” language without an updated position description and not be used in performance appraisals on that basis. The Authority…
American Federation of Government Employees, Local 987 and United States Department of the Air Force, Warner Robins Air Logistic Complex
Warner Robins Air Logistic Complex and AFGE Local 987 (FLRA 0-AR-5704): Authority leaves suspension in place
The Air Force suspended an employee for one day after the employee threatened to punch coworkers during a workplace training course. An arbitrator upheld the discipline. The union argued to the Authority that the disciplinary action violated the agreement because it was untimely, but the record did…
American Federation of Government Employees, Local 1633 and United States Department of Veterans Affairs, Michael E. DeBakey Medical Center, Houston, Texas
DeBakey VA Medical Center and AFGE Local 1633 (FLRA 0-AR-5701): Authority restores fee-petition opportunity
An arbitrator awarded VA laundry workers a four-percent environmental pay differential for unusually severe hazards. The union's closing brief requested reasonable attorney fees so it could submit a supported fee petition later. The arbitrator denied fees because the union had not yet provided…
Social Security Administration, Office of the General Counsel and American Federation of Government Employees, Council 147
Social Security Administration OGC and AFGE Council 147 (FLRA 0-AR-5679): Authority sets aside unsigned-grievance award
AFGE Council 147 timely grieved a two-day suspension, but the filing lacked the original signature required by the parties' agreement. The Social Security Administration raised that defect within the agreement's deadline and also denied the grievance on the merits. An arbitrator nevertheless found…
Independent Union of Pension Employees for Democracy and Justice and Pension Benefit Guaranty Corporation
Pension Benefit Guaranty Corporation and IUPEDJ (FLRA 0-AR-5634): Authority denies reconsideration
The Pension Benefit Guaranty Corporation asked the Authority to reconsider an earlier decision about a jointly administered special-achievement-awards program. The earlier decision had rejected an arbitrator's reliance on a supposed management right to determine award criteria because that right…
American Federation of Government Employees, Local 2516 and United States Department of the Army, U.S. Army Dental Activity, Fort Bliss, Texas
Fort Bliss Dental Activity and AFGE Local 2516 (FLRA 0-AR-5628): Authority upholds denial of overtime grievance
AFGE Local 2516 alleged that dental hygienists and assistants worked through breaks, lunches, and outside scheduled shifts without pay, and were denied contractually required cleaning and changing time. After weighing conflicting testimony, the arbitrator found insufficient evidence that employees…
United States Department of the Army, Letterkenny Army Depot, Chambersburg, Pennsylvania and National Federation of Federal Employees, Local 1442
Letterkenny Army Depot and NFFE Local 1442 (FLRA 0-AR-5557, 0-AR-5562, 0-AR-5578): Authority permits pay grievance to continue
NFFE Local 1442 filed a broad pay grievance after the Army failed to respond to an earlier grievance alleging Fair Labor Standards Act and other pay-law violations. The parties' agreement provided a default remedy when the agency missed grievance deadlines, subject to the requirement that the…
P.B. and Department of Veterans Affairs, Perry Point VA Medical Center
Board orders review of P.B.’s timely reconsideration request (ECAB 21-0716)
P.B., a VA nurse, claimed a left ankle injury after an incident while assisting a patient. OWCP denied the claim and later refused to reconsider it, treating her request as late. The Board found that OWCP had received a reconsideration letter and new medical records on February 5, 2021, within a…
B.L. and Department of Labor, Office of Workers’ Compensation Programs
Board upholds denial of B.L.’s claimed disability period (ECAB 21-0500)
B.L., a DOL claims examiner, had accepted shoulder and lumbar strains from an incident at work in May 2018. She later sought compensation for total disability from June 26 through September 2 of that year. Her doctor stated that she could not work, but did not explain how the accepted work injury…
J.R. and U.S. Postal Service, Tahlequah Post Office
Board upholds J.R.’s overpayment and recovery deductions (ECAB 21-0485)
J.R., a postal rural carrier with an accepted shoulder and spine claim, received FECA wage-loss compensation and Social Security retirement benefits attributable in part to federal service. OWCP found a $24,943.06 overpayment because it had not offset the retirement benefits from November 2016…
M.C. and U.S. Postal Service, Gateway Processing & Distribution Center
Board upholds M.C.’s overpayment and recovery deductions (ECAB 21-0454)
M.C., a postal distribution clerk with accepted hand, wrist, and other conditions, received FECA wage-loss compensation and Social Security retirement benefits attributable in part to federal service. OWCP found an $8,240.32 overpayment because it had not offset the retirement benefits from January…
J.R. and St. Louis County Police Department
Board orders combined review of J.R.’s two PTSD claim files (ECAB 21-0411)
J.R., a former St. Louis County police officer, claimed PTSD from work connected to an FBI undercover assignment. OWCP handled related claims in two files and issued separate decisions addressing federal employee status, timeliness, and medical proof. The Board found that both files concerned PTSD…
Finley, LLC, and its successors
Two trench items affirmed and four items vacated
OSHA found five Finley workers leaving an excavation with water along most of its length. The judge found that Finley took no precautions in response to the accumulated water and did not perform an adequate competent-person inspection or reassess the soil after conditions changed. Those two serious…
RJCL Corp., d/b/a RNV Construction
Fall and footwear citations affirmed
An OSHA compliance officer observed an RNV Construction employee painting from a ladder placed on an elevated mall overhang without effective fall protection. The employee wore a harness, but the judge credited photographs and the officer's testimony showing that it was not connected to a lanyard…
J.R. and St. Louis County Police Department
J.R. (ECAB 19-1780 and 21-0411): Related officer claims returned for one decision
A former county police officer sought federal compensation for an emotional condition he attributed to work with the FBI. His two claim files concerned the same alleged work events; OWCP had recognized a period of federal employment in one file but denied the claim for insufficient medical…
RoadSafe Traffic Systems, Inc.
Moving-truck fall-hazard citation affirmed
A RoadSafe crew installed raised highway reflectors from a slow-moving three-truck convoy. One employee rode on the edge of the lead truck's bed with his feet on its lowered lift gate and was killed when the following company truck struck the lead vehicle. The Commission found a recognized fall…
United States Department of Health and Human Services and National Treasury Employees Union
HHS and NTEU (FLRA 0-AR-5687): Authority remands former employee's dues refund
NTEU alleged that HHS failed to start dues withholding promptly for five employees and failed to stop withholding after other employees left the bargaining unit. An arbitrator ordered HHS to remit missed dues to the union, waive the five employees' repayment obligations, and refund dues to one…
United States Department of Veterans Affairs and American Federation of Government Employees, National Veterans Affairs Council
Department of Veterans Affairs and AFGE National VA Council (FLRA 0-AR-5686): Authority enforces smoking-policy agreement
The VA and AFGE had a memorandum requiring reasonably accessible designated smoking areas for bargaining-unit employees at VA health-care facilities. Years later, the VA adopted a directive making those facilities entirely smoke-free and treated the memorandum as no longer binding. An arbitrator…
United States Department of the Navy, Commander, Navy Region Mid-Atlantic, Naval Weapons Station Earle and International Association of Firefighters, Local F-147
Naval Weapons Station Earle and IAFF Local F-147 (FLRA 0-AR-5684): Authority limits temporary-promotion backpay
Two GS-8 lead firefighters performed the essential duties of vacant GS-9 supervisory captain positions for about a year. An arbitrator found that the Navy violated the agreement by failing to pay the higher rate and awarded the full pay difference. The Authority held that the grievance concerned…
United States Department of the Air Force, Scott Air Force Base, Illinois and National Association of Independent Labor, Local 19
Scott Air Force Base and NAIL Local 19 (FLRA 0-AR-5635): Authority upholds training-schedule award
Scott Air Force Base changed police officers' recurring training from two-week blocks to single days every other week and moved the affected training outside some officers' normal shifts. An arbitrator found that the change violated an agreement provision permitting off-shift required training only…
United States Department of the Army, Corpus Christi Army Depot, Corpus Christi, Texas and American Federation of Government Employees, Local 2142
Corpus Christi Army Depot and AFGE Local 2142 (FLRA 0-AR-5559): Authority narrows promotion remedy
An arbitrator found that the Army used a defective process to fill a supervisory position but also found insufficient evidence that the grievant should have been selected. The award granted priority consideration for a future qualified vacancy, backpay, and front pay, and also resolved a dispute…
National Treasury Employees Union and United States Environmental Protection Agency
EPA and NTEU (FLRA 0-AR-5555): Authority upholds weather-leave restriction
The EPA's agreement allowed administrative leave when severe weather closed both the office and a telework-ready employee's child-care facility. Congress later created weather-and-safety leave and limited it to employees who cannot safely travel to or work at an approved location. The EPA then…
Secretary of Labor v. Virginia Drilling Company, LLC
Default vacated for excusable neglect
Virginia Drilling timely contested a proposed penalty assessment but did not answer the later penalty petition or respond to an order to show cause, resulting in default. The company sought reopening shortly after receiving a delinquency notice and said it had not received an assignment and…
Matter of B-Z-R-
Mental-health question referred to the Attorney General
The Attorney General directed the Board of Immigration Appeals to refer the case for review and stayed the Board's decision while the review proceeds. The order invited briefing on whether mental health may be considered when deciding whether a person convicted of a particularly serious crime is a…
L.S. and U.S. Postal Service, Post Office, Nixa
Board orders combined review of L.S.’s related ankle claims (ECAB 21-1184)
L.S., a postal rural carrier associate, had an accepted left ankle sprain from a 2016 incident and a later claim that included a consequential left ankle injury. OWCP handled the claims in separate files and issued decisions in October and November 2020. The Board found that deciding the ankle…
H.L. and Department of Veterans Affairs, Calverton National Cemetery
Board orders review of H.L.’s retirement coverage before overpayment ruling (ECAB 21-0918)
H.L., a VA cemetery caretaker with an accepted injury, received FECA wage-loss compensation and Social Security retirement benefits. OWCP found a $12,497.97 overpayment and ordered deductions of $215 every 28 days. The Board noted that H.L. began federal civilian service before FERS took effect…
L.G. and U.S. Postal Service, Wewahitchka Post Office
Board orders more fact gathering on L.G.’s workplace stress claim (ECAB 21-0690)
L.G., a postal clerk, claimed anxiety related to disputes over maternity leave, attendance, and a requested transfer. OWCP denied the claim after finding no compensable employment factor. The Board found that OWCP had asked L.G. for evidence but had not obtained a detailed response from her…
F.H. and Department of the Navy, Naval Shipyard, Portsmouth
Board orders another medical opinion on F.H.’s spine claim (ECAB 21-0579)
F.H., a Navy shipyard electrician, fell at work in 2015 and sought to add cervical myelopathy with radiculopathy and lumbar radiculopathy to his accepted claim. OWCP denied that request based on a second-opinion physician’s reports. The physician concluded that the fall had not aggravated F.H.’s…
L.S. and U.S. Postal Service, Post Office, Nixa, MO
L.S. (ECAB 21-0405 and 21-1184): Left ankle claims returned for combined review
A postal carrier had accepted injury claims from a 2016 ankle injury and a 2018 neck and shoulder injury. She later claimed renewed disability from the ankle injury, and another file also concerned a consequential left ankle condition. The Board found that OWCP needed to consider the related left…
A.W. and U.S. Postal Service, Post Office, Detroit, MI
Board affirms denial of A.W.’s back condition claim (ECAB 21-0957)
A.W., a postal tractor-trailer operator, claimed that unloading heavy mail racks and repeated bending and twisting caused a lower back condition. OWCP accepted those work activities but denied the claim for lack of medical evidence connecting them to the diagnosed condition. The Board found that…
B.P. and U.S. Postal Service, Cleveland Processing & Distribution Center
Board affirms denial of B.P.’s injury claim (ECAB 21-0872)
B.P., a postal distribution supervisor, reported pain after pushing equipment and moving mail on April 30, 2020. OWCP accepted that the incident occurred but denied her claim because the medical evidence did not establish that it caused a diagnosed condition. The Board found that her physician’s…
J.C. and Department of the Navy, Navy Munitions Command Atlantic
Board upholds denial of J.C.’s reconsideration request (ECAB 21-0453)
J.C., a Navy materials handler, received a schedule award for six percent permanent impairment of his right leg after a forklift injured his foot. He requested reconsideration of the award and submitted reports describing nerve conditions and continuing symptoms. The Board found that one report did…
J.J. and Department of the Air Force, Robins Air Force Base
Board upholds refusal to reopen J.J.’s compensation case (ECAB 21-0262)
J.J., an Air Force sheet metal mechanic, had received compensation for an accepted neck injury and related conditions. OWCP later reduced his compensation to zero because it found he had failed to cooperate with vocational rehabilitation without good cause. He requested reconsideration twice…
P.T. and U.S. Postal Service, Ruskin Post Office
Board affirms denial of P.T.’s cervical claim expansion (ECAB 21-0110)
P.T., a postal letter carrier, had an accepted lumbar injury from a 2009 fall and later sought to add a cervical condition to her claim. She argued that her neck condition arose from her work duties or as a consequence of lumbar fusion surgery. The Board found that her physician’s opinion offered…
C.L. and Department of Veterans Affairs, Wainwright Memorial Medical Center
Board orders another medical opinion on C.L.’s disability claim (ECAB 20-1631)
C.L., a VA nurse, had returned to limited duty for six hours a day after an accepted back injury and surgery. She claimed that worsening symptoms forced her to reduce her schedule to four hours a day beginning May 2, 2019. OWCP denied additional wage loss based on a second-opinion physician’s view…
M.J. and U.S. Postal Service, North Kenner Post Office
Board sends M.J.’s workplace stress claim back for medical review (ECAB 20-0953)
M.J., a postal letter carrier, reported acute stress after two people repeatedly questioned and followed her while she delivered mail, seeking a package suspected of containing drugs. OWCP denied her claim, finding insufficient proof of the events. The Board found that the documented encounters…
M.G. and U.S. Postal Service, Stockyard Post Office
Board orders new notice before M.G.’s overpayment decision (ECAB 21-0926)
M.G., a postal carrier technician, had received compensation for an accepted foot injury. OWCP found that she had forfeited some benefits by failing to report outside earnings and later assessed an overpayment. An earlier Board decision shortened the forfeiture period, and OWCP issued a revised…
E.Z. and U.S. Postal Service, Main Post Office Annex, Cincinnati
Board affirms E.Z.’s benefit overpayment and repayment schedule (ECAB 21-0750)
E.Z., a former postal clerk receiving FECA wage-loss compensation, also received Social Security retirement benefits partly attributable to federal service. OWCP had not offset those retirement benefits for October 2011 through March 2016 and determined that it had overpaid him $13,766.05 without…
M.S. and Department of Veterans Affairs, Syracuse VA Medical Center
Board affirms denial of M.S.’s neck and back injury claim (ECAB 21-0711)
M.S., a VA practical nurse, reported neck and back injuries after a patient she was helping fell into her in May 2020. OWCP accepted that the incident occurred but denied the claim for lack of sufficient medical evidence linking it to a diagnosed condition. Two physicians attributed her symptoms to…
C.D. and Department of the Interior, Bureau of Land Management
Board affirms denial of C.D.’s emotional condition claim (ECAB 21-0700)
C.D., a Bureau of Land Management transportation specialist, claimed an emotional condition after witnessing two air tankers collide while on duty. OWCP accepted that the July 2020 incident occurred but denied the claim for lack of qualified medical evidence. C.D. submitted a letter from a licensed…
R.B. and Department of the Interior, National Park Service
Board orders new impairment assessment for R.B. (ECAB 21-0193)
R.B., a National Park Service maintenance worker, had received a schedule award for five percent impairment of each leg after an accepted lumbar injury. He sought an increased award, but the physicians’ ratings differed widely. The Board found that two ratings did not properly apply the method for…
B.H. and Department of Justice, Executive Office of Immigration Review
Board affirms denial of B.H.’s stair-fall injury claim (ECAB 21-0183)
B.H., a Justice Department legal assistant, reported knee and back problems after falling down stairs at work in October 2019. OWCP accepted that the fall occurred but denied his injury claim because the medical record did not establish a causal connection to a diagnosed condition. The Board found…
L.G. and Department of the Interior, Fish & Wildlife Service
Board affirms denial of L.G.’s disability compensation claim (ECAB 21-0034)
L.G., a Fish and Wildlife Service biological technician, had an accepted neck injury and later claimed disability from work beginning in June 2014. Her temporary student appointment had ended in August 2011 when she graduated, after she had worked an accommodated schedule. The Board found that…
Secretary of Labor v. The Quikrete Companies
Misplaced assessment reopened after COVID-19 outbreak
A proposed penalty assessment became final after Quikrete did not file a contest within 30 days. Quikrete explained that a COVID-19 outbreak at its office and plant left its office understaffed and the assessment was inadvertently misplaced. After realizing it lacked the document, the company…
Secretary of Labor v. Lo Down Energy, Inc.
Four misplaced assessments reopened
Four proposed penalty assessments became final after Lo Down Energy did not contest them within 30 days. The operator had rerouted MSHA assessments to its accounting office during the COVID-19 pandemic, but employees worked there only intermittently and the documents were misplaced. Lo Down learned…
Secretary of Labor v. Cooper Stone, LLC
Unreceived penalty assessment reopened
A proposed penalty assessment became final after Cooper Stone did not contest it within 30 days. The operator said it had ongoing mail-delivery problems, did not receive the assessment, and first learned about it from a later statement listing the uncontested violations. The Secretary did not…
G.T. and Department of Agriculture, Natural Resources Conservation Service
Board reverses G.T.’s $61,558.36 overpayment decision (ECAB 21-0858)
G.T. received FECA wage-loss compensation and Social Security retirement benefits. OWCP found a $61,558.36 overpayment based on a calculation for employees enrolled in the Federal Employees Retirement System and ordered deductions of $675 every 28 days. The Board found conflicting employment…
J.D. and U.S. Postal Service, Sarasota Main Post Office
Board orders J.D.’s claim files combined before award review (ECAB 21-0850)
J.D., a postal carrier, received schedule awards involving both arms under separate accepted injury claims. He sought reconsideration of an award for 24 percent impairment of each arm, but OWCP denied a change without combining the related case files. The Board found that the claims required…
T.E. and Department of Homeland Security, U.S. Coast Guard
Board orders a reasoned decision on T.E.’s reconsideration request (ECAB 21-0843)
T.E., a Coast Guard information technologist, sought wage-loss compensation after an accepted neck sprain. OWCP denied his disability claim, and he later submitted a new physician’s report with a request for reconsideration. OWCP summarily refused to reopen the claim without discussing that report…
J.M. and U.S. Postal Service, Post Office, Corpus Christi
Board orders completion of J.M.’s disability evaluation (ECAB 21-0569)
J.M., a postal rural carrier, returned to restricted work after an accepted left knee contusion. She claimed wage loss for two periods from September 26 through October 23, 2020. OWCP denied both claims while its referral for a second medical opinion about her work restrictions was still pending…
W.K. and U.S. Postal Service, Cliffside Park Post Office
Board affirms W.K.’s overpayment and repayment deductions (ECAB 21-0266)
W.K., a postal letter carrier receiving FECA wage-loss compensation, also received Social Security retirement benefits partly attributable to federal service. OWCP found that it had failed to offset those benefits from June 2018 through October 2019 and overpaid him $11,022.12 without fault on his…
P.K. and U.S. Postal Service, Post Office, Osceola Mills
Board orders employer evidence on P.K.’s workplace stress claim (ECAB 21-0967)
P.K., a postmaster, claimed anxiety and stress from staffing shortages, long hours, and pressure to keep mail routes covered. OWCP asked the Postal Service to respond to her allegations, but it did not do so. OWCP then denied the claim without a substantiated work factor or medical diagnosis. The…
C.G. and U.S. Postal Service, North Texas Processing & Distribution Center
Board orders combined review of C.G.’s back injury claims (ECAB 21-0779)
C.G., a postal mail processing clerk, had an accepted back injury and later claimed renewed disability beginning in August 2020. OWCP denied the recurrence claim and suggested she file a new claim because she described additional work activities. She did file another back-injury claim, but the…
G.R. and Department of Defense, Defense Logistics Agency, Kelly Air Force Base
Board orders recalculation of G.R.’s benefit overpayment (ECAB 21-0216)
G.R., a former Defense Logistics Agency driver, received FECA wage-loss compensation and Social Security retirement benefits partly attributable to federal service. OWCP assessed a $26,479.89 overpayment and ordered deductions from his continuing benefits. The Board agreed that an overpayment…
E.S. and Department of the Air Force, USAF Medical Center, Travis Air Force Base
Board reduces E.S.’s travel reimbursement overpayment (ECAB 20-1018)
E.S. received duplicate or excessive mileage reimbursements for trips to medical appointments. OWCP assessed a $966.19 overpayment for travel between May 2015 and January 2016. The Board found that $22.43 of that sum had already been decided in a prior appeal and could not be counted again. It…
Robert Thomas v. CalPortland Company and Secretary of Labor v. CalPortland Company
Robert Thomas v. CalPortland Company (FMSHRC WEST 2018-0402 DM): Discrimination found under but-for causation
Robert Thomas worked as a dredge operator for CalPortland and raised concerns about excessive hours, understaffing, training, and safe work on the Sanderling Dredge. On remand from the Ninth Circuit, Judge Margaret A. Miller applied but-for causation and again found that Thomas's protected safety…
Stokes v. Albertsons LLC
Duplicate appeal docket removed
Wayne Stokes already had an appeal pending as ARB 2022-0007 when he filed a petition challenging an amended ALJ decision. The filing was mistakenly opened as a second appeal, ARB 2022-0014. The Board removed the duplicate number and placed the November 30 petition and amended ALJ decision in the…
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.