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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Marshall J. Justice v. Gateway Eagle Coal Co.
Subpoena enforcement requested and continuance denied
Marshall Justice sought MSHA interview memoranda and related documents for his miner-filed discrimination case after the Secretary declined to produce them for the judge's private review. Judge David F. Barbour found the narrowed materials relevant and discoverable and concluded that resolving the…
United Mine Workers of America, on behalf of Mark A. Franks v. Emerald Coal Resources, LP United Mine Workers of America, on behalf of Ronald M. Hoy v. Emerald Coal Resources, LP
UMWA on behalf of Mark A. Franks and Ronald M. Hoy v. Emerald Coal Resources, LP (FMSHRC PENN 2012-250-D): Discipline for withholding fireboss names violated miners' rights
Mark Franks and Ronald Hoy confidentially reported suspected inadequate preshift examinations to their union safety representative and later refused repeated demands to identify the firebosses during MSHA and company investigations. Emerald Coal suspended each miner for seven days without pay, and…
Secretary of Labor v. Uehlin Quarry
Seven violations upheld and $20,124 assessed after crusher accident
A Uehlin Quarry truck driver was permanently paralyzed after a steel pry bar struck him while miners cleared a rock jam with the crusher's impeller still running. Judge L. Zane Gill upheld seven violations involving powered-equipment maintenance, fall protection, machine guarding, an unprotected…
United States Department of Defense, Defense Logistics Agency, Defense Distribution Depot Red River, Texarkana, Texas (Agency) and National Association of Independent Labor, Local 5 (Union)
Red River Defense Distribution Depot and NAIL Local 5 (FLRA 0-AR-4881): Reassignment remedy upheld
A Defense Logistics Agency employee was moved to a more physically demanding division after his nephew became a supervisor in his chain of command. An arbitrator found the reassignment unfair under the parties' labor agreement and ordered the employee returned to his former position without losing…
United States Department of the Army, White Sands Missile Range, White Sands Missile Range, New Mexico (Agency) and National Federation of Federal Employees Local 2049 (Union)
White Sands Missile Range and NFFE Local 2049 (FLRA 0-AR-4826): Overtime grievance may proceed
NFFE filed a grievance over overtime affecting employees at White Sands Missile Range. An arbitrator ruled that the grievance could proceed, rejected the Army's later objection to how the grievance was filed, and directed the parties to select an arbitrator for the merits. The Army challenged the…
Secretary of Labor v. Brody Mining, LLC
Pattern-of-violations rule upheld against facial and retroactivity challenges
Brody Mining challenged MSHA's 2013 pattern-of-violations rule after receiving a notice based on numerous significant-and-substantial citations and resulting withdrawal orders. The Commission held that section 104(e) permits MSHA to consider citations and orders before they become final Commission…
Secretary of Labor v. Recon Refractory & Construction
Four electrical citations affirmed and examination citation vacated
RECON, a subcontractor at Drake Quarry, was cited for an ungrounded generator, missing continuity testing, damaged extension cords with exposed wiring, missing grounding prongs, and an alleged failure to perform workplace examinations. Judge Alan G. Paez held RECON liable for the electrical…
Town of Concord Department of Public Works
In re Town of Concord Department of Public Works (EAB NPDES Appeal No. 13-08): Aluminum and pH limits remanded
EPA Region 1 issued the Town of Concord, Massachusetts, an NPDES permit for discharges from its wastewater treatment plant to the Concord River. Concord challenged limits for aluminum, pH, wastewater flow, and di(2-ethylhexyl) phthalate monitoring, along with sewage-collection mapping, operations…
Office of Federal Contract Compliance Programs v. D&S Construction of Pineville, Inc.
OFCCP v. D&S Construction (DOL ARB 14-088): Default violation order affirmed
The Office of Federal Contract Compliance Programs alleged that D&S Construction allowed a racially hostile work environment on a federal contractor worksite. After the company's lawyer withdrew, the company did not answer a motion for default judgment despite notice of the consequences. A Labor…
Principal Deputy Administrator, Wage and Hour Division v. International Technologies, Inc.
Administrator v. International Technologies (DOL ARB 14-064): Appeal dismissed after settlement
International Technologies appealed a judge's ruling in a Labor Department case under the Immigration and Nationality Act while asking the judge to reconsider. The Board held the appeal because the judge had not yet ruled on reconsideration. The judge later denied reconsideration and approved a…
American Federation of Government Employees, Local 2571 (Union) and United States Department of Veterans Affairs, Waco Regional Office, Waco, Texas (Agency)
VA Waco Regional Office and AFGE Local 2571 (FLRA 0-AR-4888): Overtime award gains liquidated damages
Employees at a VA regional office worked overtime without pay, and an arbitrator awarded unpaid compensation. The arbitrator denied liquidated damages after finding that the agency's violation was not willful. The Authority held that willfulness was the wrong test: the agency had to establish good…
Social Security Administration, Office of Disability Adjudication and Review, Region VI, New Orleans, Louisiana (Agency) and American Federation of Government Employees, Local 3506 (Union)
SSA New Orleans and AFGE Local 3506 (FLRA 0-AR-4882): Retroactive promotion upheld
A Social Security Administration office selected an ineligible candidate for a senior case technician opening while passing over another applicant. An arbitrator found that the agency had violated the labor agreement's selection procedures and that the passed-over employee would have been chosen…
Secretary of Labor v. Marfork Coal Company, Inc.
Unguarded conveyor shaft violation affirmed and settlement approved
At Marfork's Allen Powellton Mine, an inspector found that a loose rubber guard did not fully cover a rotating shaft at a conveyor tail pulley. Judge Margaret A. Miller held that the condition violated 30 C.F.R. § 75.1722(b) because miners cleaned the area every shift while the belt ran and could…
Mona Kerlock v. Asarco, LLC
Dust-complaint discrimination case survives dismissal request
Mona Kerlock alleged that she and other miners complained about dust near mine work areas and that Asarco later placed her on medical leave without full pay instead of assigning her elsewhere. Asarco sought dismissal, arguing that her health complaints were personal rather than protected…
Quast v. MidAmerican Energy Co.
Quast v. MidAmerican Energy (DOL ARB 14-073): Labor Department complaint dismissed after federal suit
Robert Quast appealed a Labor Department judge's dismissal of his Sarbanes-Oxley whistleblower complaint against MidAmerican Energy. He then asked to withdraw his Board appeal after filing a federal district court action for de novo review. The Board confirmed that he filed the court action and…
R.P. and U.S. Postal Service, Post Office, Buffalo, NY
R.P. (ECAB 14-1156): Hand and elbow condition claim denied for lack of medical explanation
R.P., a Postal Service motor vehicle operator, attributed hand numbness and an elbow condition to driving and handling equipment at work. His physicians diagnosed bilateral carpal tunnel syndrome and left elbow lateral epicondylitis and stated that the conditions were work related. The Board found…
C.S. and Department of Homeland Security, Transportation Security Administration, Reno, NV
C.S. (ECAB 14-1085): Right leg impairment award returned for a reasoned rating
C.S., a transportation security manager, received a three percent right leg schedule award after a work-related knee injury. His treating physician used an outdated edition of the impairment guides and rated whole person impairment, which did not establish the amount payable for his leg. The Board…
L.E. and U.S. Postal Service, Post Office, Edison, NJ
L.E. (ECAB 14-0989): Recurrence claim denied after back treatment
L.E., a Postal Service mail handler, sought disability compensation after reporting worse back pain following a March 2013 injection. She had accepted work-related back conditions and had returned to limited duty before the injection. The Board found that her physicians did not adequately explain…
W.B. and U.S. Postal Service, Post Office, Federal Way, WA
W.B. (ECAB 14-0855): Additional hip and knee conditions denied
W.B., a Postal Service mail handler, had an accepted temporary aggravation of left knee osteoarthritis. He sought recognition of additional left hip and knee conditions and coverage of surgery. The Board found that his physicians did not adequately explain how the accepted work duties caused or…
C.K. and Department of the Army, Fort Leonard Wood, MO
C.K. (ECAB 14-0849): Shoulder surgery recurrence claim denied
C.K., an Army fabric worker, had an accepted right shoulder impingement injury from 2005. She sought wage-loss compensation after shoulder surgery in January 2012 and reported a fall from a ladder at home in 2011. Her physician suggested that a rotator cuff tear predated that fall, but did not…
B.C. and U.S. Postal Service, Post Office, Pleasanton, CA
B.C. (ECAB 14-0690): Additional wage loss denied after return to work
B.C., a Postal Service carrier, sought additional wage-loss compensation after returning to work following an accepted left foot and ankle injury. Her physician described pain that increased while she performed walking and delivery duties. The Board found that the reports linked the claimed…
M.C. and U.S. Postal Service, Post Office, Belmont, NY
M.C. (ECAB 14-0683): Left ankle impairment award denied for unsupported rating
M.C., a Postal Service letter carrier, sought a schedule award after an accepted left ankle fracture. Her physician estimated 30 percent impairment based on ankle motion but did not explain how he applied the required impairment guides or why a motion-based rating was appropriate. The Board found…
S.H. and U.S. Postal Service, Post Office, Southfield, MI
S.H. (ECAB 14-0421): Forfeiture, benefit termination, and overpayment upheld
S.H., a Postal Service letter carrier, failed to report work related to her husband’s plumbing business on a compensation disclosure form. The Board found that her conviction for making a false statement to obtain FECA benefits supported forfeiture of compensation for June 16, 2011 through…
M.R. and U.S. Postal Service, Post Office, Kansas City, MO
M.R. (ECAB 14-0011): Right shoulder occupational claim denied
M.R., a Postal Service mail processor clerk, attributed a right shoulder condition to her work duties. Her orthopedic surgeon diagnosed shoulder tears and reported pain with repetitive overhead activity. The Board found that the report did not adequately describe her duties or explain how those…
Secretary of Labor v. Twentymile Coal Company
Cable-insulation and sprinkler citations vacated
MSHA issued two citations because Twentymile had not manually wrapped extra insulation around communication cables where they crossed power conductors, plus a third citation for rock dust on fire-suppression sprinklers. The Commission held that 30 C.F.R. § 75.516-2(c) requires sufficient additional…
Secretary of Labor v. Twentymile Coal Company
Examination issue remanded and cable-insulation citation vacated
MSHA cited Twentymile Coal for an allegedly inadequate on-shift examination and for a communication cable that crossed power cables without added insulation. The Commission held that the judge misunderstood the shift evidence because Twentymile's own representations showed that the cited…
Matter of A-R-C-G- et al., Respondents
Matter of A-R-C-G- et al. (BIA ID 3811): domestic-violence group recognized for asylum analysis
The Board reviewed the appeal of a Guatemalan mother and her three children after an Immigration Judge denied asylum and withholding of removal. The lead respondent described repeated domestic violence and the lack of effective police protection in Guatemala. The Board held that, depending on the…
L.W. and U.S. Postal Service, Post Office, City of Industry, CA
L.W. (ECAB 14-1149): Late reconsideration request refused
L.W., a Postal Service mail carrier, sought reconsideration of a denied emotional condition claim. The Board found that OWCP received his request more than one year after the last merits decision, so he had to show clear evidence of error. His new medical report and repeated allegations did not…
F.H. and Department of Veterans Affairs, Veterans Administration Medical Center, Los Angeles, CA
F.H. (ECAB 14-1111): Termination of back and neck injury benefits upheld
F.H., a Department of Veterans Affairs employee, had accepted cervical and lumbar strains from a 2001 work injury. After an earlier Board reversal, OWCP obtained a new impartial orthopedic opinion and again terminated compensation and medical benefits. The Board found that the new examiner gave a…
J.S. and U.S. Postal Service, Airmail Facility, Seattle, WA
J.S. (ECAB 14-1008): Claimed recurrence of back disability denied
J.S., a Postal Service employee, claimed continuing disability following an accepted 1986 low back strain. Earlier proceedings had identified a medical opinion conflict and required an impartial specialist qualified in pain medicine. The Board found that the later examiner met that qualification…
R.R. and U.S. Postal Service, Post Office, Oklahoma City, OK
R.R. (ECAB 14-0998): Seven percent left leg award upheld
R.R., a Postal Service customer services supervisor, sought an award greater than seven percent for permanent impairment after a left leg and ankle injury. Her treating physician combined ratings for several diagnoses, while OWCP’s medical adviser used the highest applicable diagnosis in that…
J.M. and Department of Homeland Security, Customs & Border Protection, San Antonio, TX
J.M. (ECAB 14-0982): Hearing loss award and hearing aids denied
J.M., a retired customs and border protection officer, had accepted hearing loss from workplace noise. The Board found that the qualifying audiogram did not show a ratable loss for a schedule award. His examining physician described him only as a borderline candidate for hearing aids, and the…
M.D. and U.S. Postal Service, Falcon Field Station, Mesa, AZ
M.D. (ECAB 14-0567): Recurrence claim denied after leaving postal work
M.D., a former Postal Service clerk, had accepted wrist conditions related to sorting mail and sought compensation for claimed disability after April 2, 2007. She had left postal employment that month and later worked in the private sector. The Board found that one physician’s opinion about…
D.F. and U.S. Postal Service, Post Office, Nashville, TN
D.F. (ECAB 14-0030): Wage-loss termination upheld; medical benefits returned
D.F., a Postal Service carrier, had accepted right ankle conditions after a 2011 work injury. The Board found that OWCP could end wage-loss compensation and that D.F. had not proved continued disability after July 16, 2012. It found a medical opinion conflict, however, about whether residuals of…
R.M. and Department of the Navy, Naval Sea Systems Command, Philadelphia, PA
R.M. (ECAB 13-2169): Compensation forfeiture reversed
R.M., a Navy computer engineer, received disability compensation after an accepted work injury. OWCP found that he had failed to report outside employment and earnings on compensation forms covering periods in 2004 and 2005 through 2007. The Board found that the interview summaries and checks did…
Secretary of Labor v. Oak Grove Resources, LLC
Flagrant-violation proof question certified for review
Oak Grove faced a proposed flagrant designation for coal-dust accumulations under 30 C.F.R. § 75.400. Judge Jerold Feldman required the Secretary to explain how the cited condition itself could substantially and proximately cause death or serious bodily injury, rather than relying on possible…
Secretary of Labor v. Beelman Truck Co.
Jurisdiction challenge denied pending discovery
Beelman Truck hauled coal and limestone to and from Mississippi Lime's mine, where one of its drivers drove through a berm, crashed, and died after an apparent heart attack. MSHA cited Beelman for failing to report the event within 15 minutes and for removing the truck before the accident…
C.W. and Department of Justice, Bureau of Prisons, Pine Knot, KY
C.W. (ECAB 14-1114): Back injury claim denied for insufficient medical explanation
C.W., a Bureau of Prisons correctional officer, reported lower back pain while running to a call for assistance at work. His physician identified a lumbar disc problem but did not explain how the January 2, 2014 incident caused it; an initial report also described pain starting the previous day…
D.L. and U.S. Postal Service, Post Office, Carol Stream, IL
D.L. (ECAB 14-0980): Two percent left leg award upheld
D.L., a Postal Service mail processor clerk, sought a larger schedule award after an accepted left knee meniscus tear. Her treating physician proposed a higher rating that included knee arthritis, but did not explain how that condition was related to the accepted injury. The Board found that OWCP’s…
I.M. and U.S. Postal Service, Post Office, Huntington Beach, CA
I.M. (ECAB 14-0973): Back injury claim denied for insufficient medical explanation
I.M., a Postal Service sales associate, reported back pain after a cart struck a pallet near him while he was lifting parcels at work. The Board accepted that the incident happened but found that his physician did not explain how it caused the diagnosed back conditions. The physician also did not…
D.J. and U.S. Postal Service, General Mail Facility, Cleveland, OH
D.J. (ECAB 14-0863): Compensation reduction based on receptionist work upheld
D.J., a Postal Service clerk with accepted right wrist conditions, received total disability compensation after limited-duty work became unavailable. OWCP reduced her compensation using the wages of a receptionist position. The Board found that the position fit the work restrictions given by a…
M.R. and U.S. Postal Service, Post Office, Kansas City, MO
M.R. (ECAB 14-0380): Emotional condition claim denied without a compensable work factor
M.R., a Postal Service mail processor clerk, attributed an emotional condition to disputed injury claims, time placed off work, and alleged harassment and discrimination. The Board found that the evidence did not establish employer error or abuse in the disputed administrative actions. It also…
J.F. and Department of Homeland Security, Customs and Border Protection, El Paso, TX
J.F. (ECAB 14-0358): Hearing loss schedule award and reconsideration denials affirmed
J.F., a Customs and Border Protection firearms instructor, had an accepted work-related hearing loss and sought a schedule award. OWCP’s medical adviser calculated no measurable hearing impairment under the rating guide, despite a physician’s proposed rating for tinnitus. The Board agreed that…
J.M. and Department of the Army, Fort Rucker Aviation Center, Fort Rucker, AL
J.M. (ECAB 14-0321): Fragrance exposure injury claim denial affirmed
J.M., an Army program support assistant, reported an allergic reaction after a coworker sprayed air freshener near her work area. OWCP accepted that the August 1, 2013 exposure occurred but denied her injury claim. The Board found that her physician diagnosed chemical-type asthma and fragrance…
Y.K. and Department of Justice, Federal Bureau of Investigation, New York, NY
Y.K. (ECAB 13-1302): Overpayment amount sent back for pay rate evidence
Y.K., an FBI employee, received wage-loss compensation based on a 24-hour workweek after increasing her schedule to 32 hours. The Board agreed that this created an overpayment and upheld OWCP’s finding that she was at fault. It set aside OWCP’s $2,721.35 amount because the record conflicted about…
J. Cook Enterprises, Inc.
Fall-protection citations vacated because employment relationship was not proven
OSHA cited J. Cook Enterprises after a residential framing worker fell 11.5 feet and died. The items alleged inadequate jobsite inspections, lack of residential fall protection, and failure to report the fatality within eight hours. The central issue was whether J. Cook Enterprises employed the…
Marshall J. Justice v. Gateway Eagle Coal Co.
MSHA interview memoranda ordered for private review
Marshall Justice pursued his own Mine Act discrimination case after MSHA declined to file for him and subpoenaed the agency's investigative file. The Secretary refused to produce the file or an MSHA official, citing Department of Labor approval rules and several privileges, although Justice…
Secretary of Labor on behalf of Cheryl Garcia v. Veris Gold U.S.A., Inc.
Economic reinstatement request denied
A prior order temporarily reinstated Cheryl Garcia to her former job but declined to require Veris Gold to pay her without receiving her labor. The Secretary sought reconsideration after management changes and Garcia's concerns about returning to the mine, asking the judge to impose economic…
Secretary of Labor v. Oak Grove Resources, LLC
Original flagrant-proof certification later amended
Oak Grove faced a proposed flagrant designation for coal-dust accumulations under 30 C.F.R. § 75.400. Judge Jerold Feldman required the Secretary to explain how the cited condition itself could substantially and proximately cause death or serious bodily injury, rather than relying on possible…
Secretary of Labor v. McCoy Elkhorn Coal Corp. and Jason Robinson
Accumulations and individual-liability rulings affirmed
Inspectors found extensive dry coal and float-coal-dust accumulations throughout all nine entries of a supersection at McCoy Elkhorn's No. 15 Mine, while the preshift report listed no hazards. The Commission affirmed that the accumulations violation was significant and substantial and resulted from…
Matter of C-C-I-, Respondent
Matter of C-C-I- (BIA ID 3810): CAT deferral termination requires a de novo hearing
The Board reviewed an appeal involving a respondent whose removal to Nigeria had previously been deferred under the Convention Against Torture. The Department of Homeland Security later presented a consular report and a newspaper article that had not been considered at the earlier hearing, and the…
T.T. and Department of Veterans Affairs, Command Station, Albuquerque, NM
T.T. (ECAB 14-1120): Refusal to reopen knee injury claim affirmed
T.T., a VA motor vehicle operator, had claimed a knee injury from pushing and pulling linen carts. OWCP accepted that the May 2011 work incident occurred but denied the claim for lack of medical proof linking it to an injury. T.T. later asked OWCP to reconsider without submitting new evidence or a…
S.M. and U.S. Postal Service, Post Office, Greensboro, NC
S.M. (ECAB 14-1056): Additional back condition and disability claims denied
S.M., a postal worker, had an accepted aggravation of lumbar spondylosis from lifting mail in 2007. She sought to add herniated discs to the accepted claim and obtain compensation for disability beginning in March 2013. The Board found that her physicians did not adequately explain how the accepted…
V.W. and U.S. Postal Service, Post Office, Houston, TX
V.W. (ECAB 14-1003): Life insurance premium overpayment recovery affirmed
V.W., a postal supervisor receiving disability compensation, elected to keep postretirement life insurance coverage. OWCP failed to deduct the premiums from her compensation for part of 2012 and 2013, creating a $3,000.22 overpayment. The Board upheld that amount and agreed that V.W. was without…
M.R. and Department of Homeland Security, Transportation Security Administration, Greer, SC
M.R. (ECAB 14-0966): New back injury evidence requires merit review
M.R., a transportation security officer, claimed a low back injury after catching a falling bag at work. OWCP denied the claim and later refused to reopen it for reconsideration. The Board found that a new physician report tied her diagnosed lumbar radiculopathy to the work incident and directly…
D.B. and U.S. Postal Service, Post Office, Proctorville, OH
D.B. (ECAB 14-0830): Back surgery authorization denial sent back for medical review
D.B., a postal rural carrier associate, underwent back surgery after a 2007 work injury for which OWCP accepted lumbar radiculopathy. OWCP later denied authorization for the surgery based on its medical adviser’s opinion. The Board found that the adviser had not adequately addressed whether the…
R.T. and Department of Homeland Security, Bureau of Customs and Border Protection, El Paso, TX
R.T. (ECAB 14-0779): Late reconsideration denial affirmed
R.T., a border patrol agent, sought reconsideration of a denied emotional condition claim arising from an armed incident at work. OWCP received his request more than one year after its last merits decision. The Board found that his arguments, repeated witness statements, and later medical reports…
J.L. and U.S. Postal Service, Post Office, Bellmawr, NJ
J.L. (ECAB 14-0368): Injury during personal errand excluded from work duty
J.L., a postal custodial laborer, was injured near a loading dock while carrying personal letters from his vehicle to mail at work. The incident happened during working hours on the employer’s premises. The Board held that retrieving the personal letters was unrelated to his duties and was not an…
G.M. and U.S. Postal Service, Post Office, Cambridge, MA
G.M. (ECAB 14-0090): Schedule award pay rate sent back for salary records
G.M., a postal letter carrier, received a left leg schedule award after a 1982 work injury. He argued that OWCP should use a later pay rate because his knee arthritis developed while he kept working. The Board held that the award arose from the original traumatic injury, so its date supplied the…
D.H. and Department of the Army, Corps of Engineers, Pittsburgh, PA
D.H. (ECAB 13-1789): Impairment award sent back for impartial examination
D.H. appealed a schedule award based on 17 percent permanent impairment of his left leg. In an earlier appeal, the Board had directed OWCP to use an impartial examiner to resolve a disagreement between his treating physician and OWCP’s medical adviser. OWCP obtained another second opinion instead…
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.