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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D.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Orlando, FL
18-1189 (ECAB): Ankle injury claim sent for medical review
D.L., a Veterans Affairs housekeeping aide, reported hurting his right ankle while pulling a large trash bin. OWCP denied the claim. The Board found that the December 30, 2015 work incident occurred as alleged despite a delay in reporting it. It set aside the denial and directed OWCP to evaluate…
D.H. and U.S. Postal Service, Post Office, Macon, MS
18-1159 (ECAB): Shoulder disability recurrence denial affirmed
D.H., a postal carrier, claimed a recurrence of disability from an accepted right shoulder injury. The Board found that the submitted medical reports did not adequately explain how the accepted injury caused total disability beginning December 7, 2017. It affirmed OWCP’s denial of the recurrence…
C.M. and Department of Justice, Federal Bureau of Prisons, Marianna, FL
17-1696 (ECAB): Overpayment calculation remanded for payroll records
C.M., a federal prison employee, faced an overpayment finding after returning to work. The Board found that OWCP lacked reliable time and attendance records to establish exactly when she resumed work. It set aside the overpayment decision and directed OWCP to obtain employer payroll information…
R.Z. and U.S. Postal Service, Post Office, Fort Lauderdale, FL
17-1455 (ECAB): Wage-earning capacity request remanded for proper review
R.Z., a postal employee, asked OWCP to modify an existing wage-earning capacity determination. OWCP instead reviewed his submission under the ordinary reconsideration standard. The Board set aside that decision and directed OWCP to decide whether he had established grounds to modify the…
R.S. and Department of the Army, Tooele Army Depot, Tooele, UT
17-0344 (ECAB): Schedule award claim remanded for medical development
R.S. sought a schedule award for permanent impairment. The Board found that a referral physician’s opinion conflicted with OWCP’s statement of accepted facts, reducing its value on the disputed medical question. It set aside the schedule award decision and ordered further medical development and a…
Mid South Waffles, Inc., d/b/a Waffle House #1283
Grease-fire item vacated and cleaner PPE items affirmed
A fire occurred beneath a restaurant griddle after grease and waste accumulated in its removable drawer. The Commission vacated the general duty clause item because the Secretary did not identify the specific inspection or cleaning steps Waffle House needed beyond its existing once-per-shift rule…
Houston Aquarium, Inc.
Commercial-diving violations affirmed
Houston Aquarium divers regularly entered exhibit tanks to feed animals, clean surfaces, and perform public event dives. The company conceded that event dives were commercial, but argued that feeding and cleaning qualified for the scientific-diving exception. The Commission held that these routine…
David A. Blair v. Black Gem Mining
Blair v. Black Gem Mining (BRB 18-0139): complicated pneumoconiosis benefits award upheld
David Blair filed a later black lung claim after an earlier denial. The judge found that medical evidence established complicated pneumoconiosis, which carries an irrebuttable presumption of total disability due to that disease. Black Gem challenged the judge's weighing of the medical evidence. The…
Douglas Tackett v. ICG Addcar Systems, Incorporated
Tackett v. ICG Addcar Systems (BRB 18-0134): benefits denial upheld for lack of total disability
Douglas Tackett sought black lung benefits based on at least 28 years of coal mine work. The judge found that he had not established a totally disabling respiratory impairment and denied benefits. Tackett appealed the evaluation of the pulmonary function studies but identified no specific error in…
Office of Labor-Management Standards, U.S. Department of Labor v. American Federation of Government Employees, Local 3147
OLMS v. AFGE Local 3147 (DOL ARB 2019-0030): unopposed default judgment adopted
The Labor Department's Office of Labor-Management Standards brought a standards-of-conduct case against American Federation of Government Employees Local 3147. An ALJ recommended entering default judgment against the union. The applicable regulations gave parties 15 days after service to file…
Brofford v. PNC Investments LLC
CFPA complaint filed nearly four years late
PNC Investments terminated Jonathan Brofford in November 2012, but he did not file his Consumer Financial Protection Act retaliation complaint until October 2016. That was more than three years and ten months after discharge, far beyond the 180-day deadline. Brofford argued that PNC gave a false…
Shaikh v. National Bank of Pakistan
Foreign bank not covered by SOX
Zubair Shaikh alleged that National Bank of Pakistan discharged him for protected activity under Sarbanes-Oxley. The bank supplied an affidavit stating that it was not publicly traded and was not an officer, employee, contractor, subcontractor, or agent of a publicly traded company. Shaikh did not…
W.D. and U.S. Postal Service, Post Office, Hartford, CT
18-1530 (ECAB): Schedule award reconsideration remanded
W.D., a postal mail handler, sought a greater schedule award after an additional right wrist condition was accepted. OWCP refused to reopen the award decision. The Board found that his new legal argument about rating the whole impairment warranted a merits review. It set aside the refusal and…
A.L. and U.S. Postal Service, Post Office, Denver, CO
18-1465 (ECAB): Knee injury claim denial affirmed
A.L., a postal mail clerk, twisted his left knee during an accepted work incident. The Board found that he had not submitted a reasoned medical opinion connecting the diagnosed knee condition to that incident. It affirmed OWCP’s denial of the injury claim.
T.M. and Department of Homeland Security, Immigration & Customs Enforcement, Phoenix, AZ
18-1454 (ECAB): Wrist surgery authorization denial affirmed
T.M., an immigration enforcement agent, requested authorization for right wrist and forearm procedures. The Board found that her physician had not adequately explained why the proposed procedures were needed for her accepted work conditions. It held that OWCP did not abuse its discretion in denying…
L.C. and Department of the Army, Anniston Army Depot, Anniston, AL
18-1407 (ECAB): Late carpal tunnel reconsideration request denied
L.C., an Army mechanic helper, claimed carpal tunnel syndrome from using heavy tools. He asked OWCP to reconsider its earlier denial after the filing period had expired. The Board found that the new medical notes did not show clear evidence of error in OWCP’s merits decision. It affirmed the…
R.H. and U.S. Postal Service, Post Office, Tyrone, PA
18-1382 (ECAB): Wage-loss claim for forearm injury denied
R.H., a postal carrier, sought wage-loss compensation for several periods after an accepted forearm injury. The Board found that the medical record did not establish that his accepted conditions prevented him from working during those periods. It affirmed OWCP’s denial of additional wage-loss…
C.M. and U.S. Postal Service, Post Office, Plymouth, MI
18-1325 (ECAB): Wage-loss claim for therapy visits not reopened
C.M., a postal employee, sought reconsideration of a claim for wages lost during intermittent leave without pay to attend therapy. The Board found that her new reports recommended therapy but did not show she attended it on the particular dates for which she sought wage-loss compensation. The…
T.W. and U.S. Postal Service, Post Office, Cheyenne, WY
18-1088 (ECAB): Arm impairment reconsideration refusal affirmed
T.W., a postal carrier, sought reconsideration of a permanent right arm impairment determination. The Board found that the medical reports he submitted had already been considered and did not provide new evidence of greater impairment. It affirmed OWCP’s refusal to reopen the merits.
R.B. and Department of Veterans Affairs, John D. Dingell Veterans Administration Medical Center, Detroit, MI
17-2014 (ECAB): Back injury claim remanded for medical evaluation
R.B., a Veterans Affairs medical support assistant, reported a back injury after lifting a box of paper at work. The Board found that the accepted incident and medical evidence raised a causal question requiring further development. It set aside the denial and ordered OWCP to obtain records and a…
United States Department of Homeland Security, U.S. Customs and Border Protection, El Paso, Texas and American Federation of Government Employees, National Border Patrol Council, Local 1929
CBP El Paso and AFGE Local 1929 (FLRA 0-AR-5187): Reconsideration of checkpoint bargaining ruling denied
A Border Patrol memo changed when agents referred vehicles from a primary to a secondary inspection area. An arbitrator found that the agency had unlawfully failed to bargain before issuing it, but the Authority set aside that award in an earlier decision. The union sought reconsideration, arguing…
Gabriel Silva v. Rockwell Mining, LLC, Blackhawk Mining, LLC, Black Oak Mining, LLC
Gabriel Silva v. Rockwell Mining, LLC et al. (FMSHRC WEVA 2018-565-D): Summary decision denied over disputed respirator facts
Gabriel Silva alleged that Black Oak Mine suspended him for three days after he refused to mix powdered Quikrete sealant using the paper respirator the mine provided. He believed the respirator did not adequately protect him from an inhalation hazard and asked for a filtered respirator with a…
Secretary of Labor v. Northshore Mining Company and Secretary of Labor v. Matthew Zimmer employed by Northshore Mining Company and Secretary of Labor v. Roger Peterson employed by Northshore Mining Company
Secretary of Labor v. Northshore Mining Company et al. (FMSHRC LAKE 2018-141): Walkway violations upheld and managers held personally liable
Northshore Mining Company operates an iron ore mine and pellet-processing facility in Minnesota. MSHA cited the company after an elevated conveyor walkway failed while a contractor was cleaning it, leaving a hole about 45 to 50 feet above the ground and causing the contractor a spinal cord…
Donald C. Wright v. Consol of Kentucky, Incorporated
Wright v. Consol of Kentucky (BRB 18-0114): attorney fee rate sent back for explanation
Donald Wright's lawyer sought fees and expenses after successfully pursuing a black lung claim. The judge awarded $10,962.50 in fees and $3,150.16 in expenses. The Board found that the judge had not explained why he selected a $375 hourly rate when his two inflation calculations produced different…
T.C. and U.S. Postal Service, Post Office, Brooklyn, NY
18-1498 (ECAB): Injury claim denied for lack of medical causation
T.C., a postal employee, claimed medical conditions from an accepted May 21, 2018 work incident. The Board found that the medical record did not adequately explain how the incident caused the diagnosed conditions. It affirmed OWCP’s denial of compensation.
Y.W. and U.S. Postal Service, Post Office, Kearny, NJ
18-1491 (ECAB): Lumbar injury claim denial affirmed
Y.W., a postal mail handler, attributed sciatica and nerve pain to pushing, pulling, and lifting mail. The Board accepted the described work factors but found that the medical evidence did not adequately connect them to a lumbar injury. It affirmed OWCP’s denial of the occupational disease claim.
M.H. and Department of the Army, Corps of Engineers, Rock Island Arsenal, Peoria, IL
18-1417 (ECAB): Hearing loss award remanded for recalculation
M.H., a retired Army repair worker, sought a greater hearing loss schedule award. The Board found that OWCP’s medical adviser rounded one hearing threshold too early when calculating his binaural loss. It set aside the award decision and directed OWCP to recalculate the impairment without premature…
C.R. and U.S. Postal Service, Central Carrier Station, New Orleans, LA
18-1332 (ECAB): Shoulder injury claim remanded for complete findings
C.R., a postal supervisor, claimed a shoulder injury while lifting a heavy package. The Board found that OWCP had failed to address a letter of warning that could bear on whether the work incident occurred as alleged. It set aside the denial and directed OWCP to make findings about that evidence…
J.W. and Department of Homeland Security, Federal Protection Service, Boston, MA
18-1246 (ECAB): Pancreatitis injury claim denial affirmed
J.W., a federal law enforcement officer, claimed acute pancreatitis after an accepted work incident while assigned to disaster relief operations. The Board found that the medical evidence did not establish that the incident caused or aggravated that condition. It affirmed OWCP’s denial of the claim.
S.M. and U.S. Postal Service, Post Office, East St. Louis, IL
18-1047 (ECAB): Schedule award reconsideration refusal affirmed
S.M., a postal carrier, sought reconsideration of the denial of a left arm schedule award tied to his accepted cervical injury. The Board found that his submission did not meet any requirement for reopening the merits. It affirmed OWCP’s refusal to reconsider the claim.
K.D. and Department of Homeland Security, Transportation Safety Administration, Tulsa, OK
18-0617 (ECAB): Sidewalk fall claim remanded for premises evidence
K.D., a transportation security officer, tripped on uneven pavement while going to work. The Board found the record incomplete on whether the employee parking area and sidewalk were part of the employing agency’s premises. It set aside OWCP’s denial and directed further investigation of the parking…
M.C. and Department of Veterans Affairs, Jesse Brown Veterans Administration Medical Center, Chicago, IL
18-0585 (ECAB): Emotional condition claim denial affirmed
M.C., a Veterans Affairs health technician, attributed an emotional condition to alleged supervisor harassment and bullying. The Board found that she had not established a compensable employment factor underlying those allegations. It therefore did not reach the medical evidence. The Board affirmed…
United States Department of Transportation, Federal Aviation Administration (Agency/Petitioner) and National Air Traffic Controllers Association, AFL-CIO (Union)
FAA and NATCA (FLRA WA-RP-17-0008, WA-RP-17-0040): Two employees excluded and two remanded
The FAA and the air traffic controllers' union sought to clarify the bargaining-unit status of numerous headquarters and regional-office positions. A regional director included four administrative employees after finding that they did not have confidential working relationships with managers…
Arizona Public Service Co.
In re Arizona Public Service Co. (EAB NPDES Appeal No. 18-02): permit appeal dismissed as moot
The Dine’ Citizens Against Ruining the Environment, San Juan Citizens Alliance, Amigos Bravos, Center for Biological Diversity, and Sierra Club petitioned for review of an NPDES permit issued to Arizona Public Service Co. EPA Region 9 later withdrew the entire permit and notified the Board that it…
Bailey v. Metropolitan Transit Authority
Appeal dismissed after opening brief omitted
Guy Bailey sought Board review in a case involving the Metropolitan Transit Authority. He did not file the required opening brief. On January 8, 2019, the Board gave him 14 days to explain why the case should not be dismissed because of that omission. Bailey did not respond to the show-cause order…
Administrator, Wage and Hour Division v. Three D Farms, LLC
Administrator v. Three D Farms, LLC (DOL ARB 2016-0092 and 2016-0093): H-2A preference violation adds $9,930.38 back pay
Three D Farms sought returning H-2A agricultural equipment operators while using more demanding application requirements for referred U.S. workers, including a 100-pound lifting question and a North Carolina license preference not imposed on the foreign workers. The Board held that changing…
R.M. and Department of the Air Force, Air Combat Command, Nellis Air Force Base, NV
18-1393 (ECAB): Late emotional condition reconsideration request denied
R.M., an Air Force counseling specialist, sought reconsideration of a denied emotional condition claim. The Board found that her request was late and that the material she submitted did not demonstrate clear evidence of error in OWCP’s earlier decision. It affirmed the refusal to reopen the claim.
S.G. and U.S. Postal Service, Post Office, Brooklyn, NY
18-1373 (ECAB): Arm and leg injury claim denial affirmed
S.G., a postal mail handler, fell from equipment while moving pallets at work. The Board accepted the incident but found that the medical evidence did not adequately connect his right arm and left leg conditions to it. It affirmed OWCP’s denial of the injury claim.
C.R. and Department of Veterans Affairs, Veterans Health Administration, Neosho, MO
18-1285 (ECAB): Consequential seizure and heart condition claims remanded
C.R., a Veterans Affairs employee, sought acceptance of a seizure and atrial fibrillation as consequences of an accepted fall and related treatment. The Board found unresolved conflicts between medical opinions on whether those conditions were connected to his work injury. It set aside OWCP’s…
M.D. and U.S. Postal Service, Post Office, Toms River, NJ
18-1267 (ECAB): Neck and shoulder claim denial affirmed
M.D., a postal rural carrier, attributed neck and shoulder conditions to lifting heavy objects at work. The Board found that her medical evidence did not explain how those duties caused the claimed conditions. It affirmed OWCP’s denial of the occupational disease claim.
J.S. and Department of Agriculture, U.S. Forest Service, Porterville, CA
18-1085 (ECAB): Wrist injury claim denial affirmed
J.S., a Forest Service employee, claimed a left wrist condition after an accepted August 4, 2017 work incident. The Board found no medical diagnosis of a wrist condition: one report described a nonspecific “left wrist injury,” and the x-ray was normal. It affirmed OWCP’s denial of compensation.
W.R. and U.S. Postal Service, Post Office, Fajardo, PR
18-1042 (ECAB): Late injury reconsideration request denied
W.R., a postal sales associate, sought reconsideration of an earlier injury claim denial. The Board found that her request was late and that the statements, medical material, and grievance documents did not show clear evidence of error in OWCP’s decision. It affirmed the refusal to reopen the claim.
E.G. and U.S. Postal Service, Post Office, Amarillo, TX
18-0710 (ECAB): Suitable work benefits termination reversed
E.G., a postal employee, lost wage-loss and schedule award benefits after declining a job OWCP deemed suitable. The Board found that OWCP lacked a clear medical opinion addressing whether the offered work fit her physical restrictions. Because OWCP had not carried its burden to show the job was…
G.G. and Department of Justice, Bureau of Prisons Designation & Sentence Computation Center, Grand Prairie, TX
18-0432 (ECAB): Emotional condition claim denial affirmed
G.G., a federal prison employee, attributed an emotional and stress-related condition to alleged supervisor harassment. The Board found that the record did not establish a compensable employment factor underlying her allegations. It therefore did not reach the medical evidence and affirmed OWCP’s…
Pete Tartaglia, Jr. v. Freeport-McMoRan Bagdad, Inc.
Hearing-record settlement enforced
Pete Tartaglia alleged that Freeport-McMoRan Bagdad unlawfully terminated him, and the parties reached a confidential settlement during the hearing. Tartaglia later signed a written version but said he would no longer comply after other conflicts arose at the mine. Judge David P. Simonton found…
L.D. and U.S. Postal Service, Processing & Distribution Center, Boston, MA
18-1468 (ECAB): Shoulder and back claim and reconsideration denials affirmed
L.D., a postal mail processing clerk, claimed shoulder and back conditions from an accepted work incident. The Board found that the medical evidence did not adequately link those conditions to the incident. It also found that her reconsideration submissions were irrelevant or duplicative. The Board…
S.S. and U.S. Postal Service, Post Office, Kirkland, WA
18-1371 (ECAB): Occupational disease reconsideration remanded
S.S., a postal carrier, sought reconsideration of an occupational disease claim arising from repetitive duties. The Board found that a newly submitted physician report was relevant to his claim and had not been considered by OWCP. It set aside OWCP’s refusal to reopen and directed a merits review…
D.F. and U.S. Postal Service, Post Office, Detroit, MI
18-1337 (ECAB): Schedule award claim denial affirmed
D.F., a postal employee, sought a schedule award for permanent impairment after an accepted head injury. The Board found that she had not provided medical evidence establishing impairment of a scheduled body member or function. It affirmed OWCP’s denial of the award.
A.H. and Department of Veterans Affairs, Hampton Medical Center, Hampton, VA
18-1264 (ECAB): Knee claim reconsideration refusal affirmed
A.H., a Veterans Affairs police officer, sought reconsideration of an injury claim following a knee incident on uneven pavement. The Board found that his submission repeated evidence OWCP had already evaluated and did not meet the requirements for reopening. It affirmed the refusal to review the…
J.C. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
18-1178 (ECAB): Hearing loss claim remanded as timely filed
J.C., a retired Navy shipyard employee, claimed hearing loss from workplace noise. OWCP rejected the claim as untimely. The Board found that an employer hearing test and notice supported treating the filing as timely. It set aside the decision and directed OWCP to decide the claim’s merits. Whether…
T.B. and Department of the Air Force, Tinker Air Force Base, OK
18-1163 (ECAB): Attorney fee approval remanded for findings
T.B. challenged OWCP’s approval of a $4,500 attorney fee for 14 hours of services. The Board found that OWCP had not adequately considered the required fee factors or explained its decision. It set aside the fee approval and ordered a new decision with factual findings and reasons. The proper fee…
D.T. and Department of Defense, Defense Finance & Accounting Service, Indianapolis, IN
18-0871 (ECAB): Late hearing and written review requests denied
D.T. requested an oral hearing and review of the written record concerning an earlier OWCP decision. The Board found both requests were made after the 30-day period. It also found no abuse of discretion in OWCP’s refusal to grant either late request. It affirmed the denial without deciding the…
Secretary of Labor v. Cormier Construction
Quarry access citations upheld with reduced penalties
Cormier Construction operated a small granite quarry in Maine where miners used damaged ladders and worked on elevated benches without required railings or safe access. Judge L. Zane Gill affirmed three violations involving a bent ladder, an unguarded bench edge, and unsafe access to two upper…
Chemical Solvents, Inc.
In re Chemical Solvents, Inc. (EAB TSCA Appeal No. 19-01Q): $30,000 penalty paid and matter resolved
EPA alleged that Chemical Solvents, Inc. violated the Toxic Substances Control Act's chemical data reporting requirements under section 8(a). EPA's complaint sought a $30,000 penalty. The company paid the full amount, waiving its rights to contest the allegations and appeal the Final Order. After…
Sport Air Traffic Controllers Organization (Respondent/Union) and United States Department of the Air Force, Edwards Air Force Base, California (Charging Party/Agency)
SPORT and Edwards Air Force Base (FLRA SF-CO-16-0481): Bargaining-team reconsideration denied
The Authority had previously upheld a finding that the air traffic controllers' union committed an unfair labor practice by refusing to recognize the Air Force's authorized bargaining representatives. The union sought reconsideration, arguing that it could not comply because the agency refused to…
United States Department of Defense, Missile Defense Agency, Redstone Arsenal, Alabama (Respondent/Agency) and American Federation of Government Employees, AFL-CIO, Local 1858 (Charging Party/Union)
Redstone Arsenal and AFGE Local 1858 (FLRA AT-CA-15-0381): Reconsideration of remand denied
AFGE filed an unfair-labor-practice charge after the Missile Defense Agency denied the union's request to host lunch-and-learn events. The Authority had previously found factual disputes about whether the proposed activity involved solicitation and how the agency screened outside vendors, and it…
M.S. and U.S. Postal Service, Processing & Distribution Center, Springfield, OR
18-1554 (ECAB): Shoulder occupational disease denial affirmed as modified
M.S., a postal worker, attributed bilateral shoulder conditions to repetitive work over many years. The Board found that he had established his work duties, modifying OWCP’s factual finding on that point. It still found the medical evidence insufficient to connect those duties to the shoulder…
D.S. and Department of Homeland Security, Transportation Security Administration, El Segundo, CA
18-1553 (ECAB): Air marshal lumbar claim denial affirmed
D.S., a federal air marshal, reported back pain after bending to retrieve luggage following an international flight. The Board accepted the work incident but found no reasoned medical opinion linking it to his lumbar condition. It affirmed OWCP’s denial of the injury claim.
P.C. and U.S. Postal Service, Garland Main Post Office, Garland, TX
18-1527 (ECAB): Trigger finger claim and reconsideration denials affirmed
P.C., a postal secretary, claimed trigger finger in both hands from her work duties. The Board found that she had submitted no medical evidence to establish an injury related to those duties. It also found that her reconsideration request supplied no new evidence or argument warranting reopening…
B.W. and U.S. Postal Service, Post Office, Cincinnati, OH
18-1412 (ECAB): Augmented compensation overpayment affirmed
B.W. continued to receive compensation at an augmented rate after her husband died and she no longer qualified for that rate. The Board upheld OWCP’s $1,833.50 overpayment finding. It also found that she knew or should have known the payments were incorrect, making her ineligible for waiver. 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.