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.S. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
D.S. (ECAB 10-1523): Existing arm impairment awards upheld
D.S., a fabricator helper at a Navy shipyard, sought larger schedule awards for permanent arm impairment after accepted elbow and wrist conditions. Her physician rated the right arm at 13 percent by combining a wrist injury with an elbow surgery. The Board found that the elbow surgery had actually…
R.F. and Department of Homeland Security, Transportation Security Administration, Austin Straubel International Airport, Green Bay, WI
R.F. (ECAB 10-1494 and 10-1519): Wage-loss and recurrence denials upheld
R.F., an airport security screener, sought wage-loss compensation for dates after an accepted thoracic sprain and claimed that her total disability recurred when she stopped working in July 2008. The Board found that her treating physician had cleared her for modified duty beginning April 28 and…
T.P. and U.S. Postal Service, Bulk Mail Center, Memphis, TN
T.P. (ECAB 10-1449): Intermittent wage-loss claim denied
T.P., a postal clerk, sought compensation for intermittent absences after OWCP accepted her claim for anxiety and recurrent depression arising from workplace conduct. She had returned to a limited-duty position. Her psychiatrist supplied work-excuse notes and later said they related to her accepted…
J.P. and U.S. Postal Service, Post Office, Framingham, MA
J.P. (ECAB 10-342): Emotional condition claim denial upheld
J.P., a postal customer service supervisor, claimed an emotional condition after a meeting with his supervisor. He alleged that the supervisor accused him of sexual harassment and threatened him. The Board found that a witness's account did not support those allegations and that the record did not…
Big River Mining, LLC Settlement Agreement
Big River Mining, LLC (FMSHRC WEVA 2008-1627-R, et al.): 32 dockets settled for $979,230
Big River Mining and the Secretary submitted a comprehensive settlement covering 32 contest and civil-penalty dockets at the Broad Run mine. The agreement reduced total assessed penalties from $1,341,410 to $979,230, a reduction of $362,180, with the individual docket amounts listed in the…
United States Department of the Treasury, Internal Revenue Service (Activity) and National Treasury Employees Union (Petitioner/Exclusive Representative)
IRS and NTEU (FLRA WA-RP-09-0036): Tax center police officers included in unit
The IRS sought to exclude police officers at its Martinsburg tax-processing center from an NTEU bargaining unit as employees whose security work directly affected national security. A regional director agreed, pointing to their access to secure rooms and duties during continuity operations. The…
United States Department of Labor, Office of the Assistant Secretary for Administration and Management, Dallas, Texas (Respondent) and American Federation of Government Employees, National Council of Field Labor Locals, Local 2139, AFL-CIO (Charging Party/Union)
DOL Dallas Office and AFGE Local 2139 (FLRA DA-CA-09-0273): Parking bargaining refusal found unlawful
After a parking lot closed at a Dallas Labor Department building, the union asked to bargain over the spaces assigned to the agency. The agency refused, saying its manual governed parking and the parties' agreement already covered the issue. An administrative law judge found no evidence that the…
United States Department of the Navy, Trident Refit Facility, Kings Bay, Georgia (Agency) and International Association of Machinists and Aerospace Workers, Local Lodge 2783 (Union)
Kings Bay Trident Refit Facility and Machinists Local 2783 (FLRA 0-AR-4698): Environmental pay award stands
The Navy stopped paying environmental differential pay to employees at its Kings Bay Trident refit facility. An arbitrator found that the change violated a settlement and past practice, then issued a later remedy award of $782,266.98 after the parties could not agree on the amount owed. The…
National Association of Independent Labor, Local 15 (Union) and United States Department of the Navy, Naval School Explosive Ordnance Disposal, Eglin Air Force Base, Florida (Agency)
Machinists Local 15 and Navy Explosive Ordnance School (FLRA 0-AR-4687): Diving pay ruling unchanged
An employee at a Navy explosive ordnance school sought hazardous duty pay for diving. An arbitrator denied the claim, and the Authority previously upheld that ruling because the diving duties did not fall within the applicable regulatory listing. The union asked the Authority to reconsider, again…
United States Department of the Army, Defense Language Institute, Monterey, California (Agency) and American Federation of Government Employees, Local 1263 (Union)
Defense Language Institute and AFGE Local 1263 (FLRA 0-AR-4531): Teacher's rating upgrade stands
A Defense Language Institute teacher's annual rating fell from the highest level after one teaching standard received a lower score. An arbitrator found that the agency had known her score could decline but had not provided the performance counseling required by the parties' agreement. He ordered…
United States Department of the Army, Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington (Agency) and International Association of Machinists and Aerospace Workers, District Lodge 160/282 (Union)
Fort Lewis and Machinists District Lodge 160/282 (FLRA 0-AR-4198): Night-shift backpay gains interest
Fort Lewis moved a wastewater treatment worker from nights to days after a plant restart problem, ending his night differential pay. An arbitrator found the initial move permissible but held that keeping him on days for more than six months violated the parties' agreement. The arbitrator ordered a…
Pine Ridge Coal Company, LLC
Final assessment reopened and remanded
Pine Ridge Coal Company asked the Commission to reopen a penalty assessment that became final when it was not contested within 30 days. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. The…
Upper Blackstone Water Pollution Abatement District
In re Upper Blackstone Water Pollution Abatement District (EAB NPDES Appeal Nos. 10-09, 10-10, 10-11, and 10-12): review denied
The Upper Blackstone Water Pollution Abatement District operates a wastewater treatment plant in Millbury, Massachusetts, under an NPDES permit issued by EPA Region 1. After the EAB remanded provisions that had identified nearby municipalities and a sewer district as co-permittees, the Region…
O-N Minerals (Michigan) Company
Final assessment reopened and remanded
O-N Minerals asked the Commission to reopen a penalty assessment that became final when it was not contested within 30 days. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. The Secretary was…
Conshor Mining LLC
Two-week-late contest accepted after mining ceased
Conshor Mining intended to contest ten citations but filed its notice two weeks late after the company had ceased active mining operations. The Secretary did not oppose reopening based on that explanation, while warning that Conshor owed more than $115,000 in delinquent penalties and should prevent…
United States Department of the Army, U.S. Army Corps of Engineers, Saint Louis District, St. Louis, Missouri (Agency) and National Federation of Federal Employees, Local 405 (Union)
Army Corps of Engineers and NFFE Local 405 (FLRA 0-AR-4720): Suspension remedy upheld, attorney fees returned for findings
The Army Corps of Engineers suspended a park ranger for ten days after a heated exchange about union representation during employee interviews. An arbitrator found no just cause for the suspension and ordered the agency to remove it from the ranger's record and provide backpay, interest, and…
American Federation of Government Employees, Local 3615 (Union) and Social Security Administration, Office of Disability Adjudication and Review (Agency)
AFGE Local 3615 and SSA (FLRA 0-AR-4695): Special pay grievance remains barred as a classification matter
After a reorganization, Social Security Administration employees moved from computer specialist positions to program analyst positions. Other computer specialists who moved to a different office later received a new special pay rate, and the union sought that rate for the program analysts. An…
United States Department of Justice, Executive Office for Immigration Review, Board of Immigration Appeals (Agency) and American Federation of Government Employees, Local 3525 (Union)
DOJ Board of Immigration Appeals and AFGE Local 3525 (FLRA 0-AR-4558): Individual appraisal remedy upheld, broader remedies set aside
An arbitrator found that the Board of Immigration Appeals failed to consider an employee's work during a detail and training when rating her annual performance. He ordered a corrected rating, a retroactive within-grade pay increase, supervisor training, and a notice to employees. The Authority…
United States Department of Labor, Bureau of Labor Statistics (Agency) and American Federation of Government Employees, Local 12 (Union)
Bureau of Labor Statistics and AFGE Local 12 (FLRA 0-AR-4527): Exceptions dismissed while desk audit issue remains open
A Bureau of Labor Statistics support assistant claimed that the agency failed to notify the union about Program Analyst openings and failed to pay him for higher-graded work. The arbitrator ordered future notice to the union but required a desk audit before deciding the employee's pay claim…
Picenos Brothers
Five violations settled for $11,910
Picenos Brothers stipulated to five safety and training violations at its small dimensional-stone quarry but challenged the Secretary's proposed $23,707 penalty as disproportionate to the business's size. Judge Jerold Feldman questioned MSHA's treatment of missing Part 46 training certifications as…
Landmark Real Estate Management, Inc., et al.
In re Landmark Real Estate Management, Inc., et al. (EAB TSCA Appeal No. 11-01): penalty order remanded for clarification
The EPA Regional Judicial Officer found seven property owners and managers liable for violations of the Toxic Substances Control Act and the Residential Lead-Based Paint Hazard Reduction Act. The default order assessed a combined administrative penalty of $227,700, but it did not clearly identify…
Oak Grove Resources, LLC
Duplicate official release of safeguard decision
This is a separate official FMSHRC posting of the March 28, 2011 Oak Grove safeguard decision, with text identical to se-2009-261-r-alj-2. The ALJ vacated a $55,000 haulage-safeguard citation because the safeguard prohibited pushing cars but did not state the hazard it was intended to address. The…
Oak Grove Resources, LLC
Haulage safeguard citation vacated
A miner was fatally pinned between a locomotive and a 24-ton shearer body while Oak Grove Resources was moving the equipment along a main haulage road. MSHA cited the company under a safeguard prohibiting the pushing of cars on main haulage roads, based on hazards associated with visibility, load…
Stillhouse Mining, LLC
Four flagrant violations yield $761,000 penalty
Stillhouse Mining intentionally shut off its main mine fan for about six hours while miners remained underground, electrical equipment stayed energized, and the company continued producing coal. MSHA cited the company for failing to withdraw miners after the fan stopped, intentionally changing…
P.B. and Department of Agriculture, Veterinary Services, Raleigh, NC
P.B. (ECAB 10-1127): Termination of wage-loss and medical benefits reversed
P.B., a laboratory technician, received benefits after a workplace fall caused accepted back sprains and cervical subluxations. OWCP terminated her wage-loss and medical benefits based on an impartial specialist's opinion that the work injuries had resolved. The Board found that his report did not…
A.Z. and U.S. Postal Service, Post Office, Southfield, MI
A.Z. (ECAB 10-1016 and 10-1751): Spinal fusion and recurrence denials upheld
A.Z., a postal clerk with accepted back conditions, sought authorization for spinal fusion surgery and claimed a recurrence of disability beginning on the surgery date. Her treating surgeon recommended fusion, while an impartial specialist explained why the procedure was unlikely to help and…
T.W. and Department of Agriculture, Forestry Service, McCloud, CA
T.W. (ECAB 10-937): Reduced wage-loss compensation upheld
T.W., a former Forest Service engineering aide, received compensation for accepted knee, elbow, and back conditions. OWCP reduced her wage-loss benefits after a vocational counselor identified office assistant as a suitable job within her commuting area. The Board found that the position fit her…
S.M. and Department of Transportation, Federal Aviation Administration, Los Angeles, CA
S.M. (ECAB 10-864): Emotional condition claim denial upheld
S.M., an FAA personnel specialist, claimed that discrimination, retaliation, and pressure to retire caused an emotional condition. Her allegations concerned management decisions, an EEO settlement, and alleged abusive remarks. The Board found that these personnel and administrative matters were not…
V.Y. and Department of the Navy, Naval Air Station, Patuxent, MD
V.Y. (ECAB 10-848): Dual-benefit overpayment and fault finding upheld
V.Y., a former Navy nursing assistant, received workers' compensation and a federal retirement annuity for the same period. The Board found that the overlapping benefits created a $45,104.89 overpayment from July 2004 through November 2008. OWCP had warned her that she could not receive both…
R.M. and Department of Justice, Bureau of Prisons, Ayer, MA
R.M. (ECAB 10-755): Impairment rating and schedule award pay rate upheld
R.M., a correctional officer, received a schedule award for an accepted gonadal condition after a workplace fall. He argued that the permanent impairment rating should exceed 47 percent and challenged the pay rate used for the award. The Board found that OWCP's medical adviser properly applied the…
E.T. and Department of the Treasury, Internal Revenue Service, Jacksonville, FL
E.T. (ECAB 10-559): Receptionist wage-earning capacity finding upheld
E.T., a former IRS customer service representative, received compensation for accepted neck and back conditions after a fall. OWCP reduced his benefits after an impartial specialist found him capable of sedentary work and a vocational counselor identified local receptionist jobs. The Board found…
Crown Cork & Seal USA, Inc.
Press-cleaning violations affirmed and pathogen items vacated
An employee lost a finger while cleaning a running can-end press near the unguarded rear of a pulley. The judge found it reasonably predictable that employees would clean beyond the machine's front because they had done so regularly and were never clearly prohibited from cleaning the rear. Crown…
Pension Benefit Guaranty Corporation (Agency) and Independent Union of Pension Employees for Democracy and Justice (Petitioner/Labor Organization) and International Federation of Professional and Technical Engineers, AFL-CIO, Union of Pension Employees (Incumbent Union)
PBGC union election (FLRA WA-RP-10-0070): Incumbent union may participate
Employees at the Pension Benefit Guaranty Corporation faced an election between their incumbent union and a petitioning union. The petitioner argued that the incumbent lacked standing to participate because it had not collected dues when it was originally certified. A regional director found that…
North Fork Coal Corporation
Temporary economic reinstatement modified, stay denied
North Fork Coal sought reconsideration and a stay of a Commission decision requiring temporary economic reinstatement of miner Mark Gray while his discrimination case continued. The Commission held that wages from other employment do not ordinarily offset temporary reinstatement because that relief…
Social Security Administration (Agency) and American Federation of Government Employees, Council 220 (Union)
SSA and AFGE Council 220 (FLRA 0-AR-4327): One management official at midyear performance discussions
The Social Security Administration sometimes sent more than one management official to an employee's midyear performance discussion. AFGE Council 220 challenged the practice under the parties' collective bargaining agreement, and an arbitrator ordered the agency to use one official in future…
M.B. and Department of Homeland Security, Transportation Security Administration, New Orleans, LA
M.B. (ECAB 10-1755): Compensation suspension for missed examination upheld
M.B., a baggage screener receiving compensation for accepted back conditions, missed a scheduled second-opinion medical examination. OWCP warned her that her benefits could be suspended and later gave her 14 days to explain the missed appointment in writing. She asked to reschedule but gave no…
T.L. and U.S. Postal Service, Post Office, Santa Barbara, CA
T.L. (ECAB 10-1737): Carpal tunnel occupational disease denial upheld
T.L., a postal mail clerk and sales associate, attributed bilateral carpal tunnel syndrome to repetitive job duties. OWCP accepted that she performed the duties she described. The Board found that her surgeon's treatment notes did not adequately explain how those duties caused or contributed to the…
E.H. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
E.H. (ECAB 10-1702): Retired firefighter's disability claim sent back
E.H., a lead firefighter with an accepted permanent aggravation of lumbar disc disease, sought wage-loss compensation after retiring. OWCP denied the claim largely because he had retired voluntarily and did not specifically assess his treating surgeon's reports about his ability to perform…
D.H. and U.S. Postal Service, Post Office, Forest Park, IL
D.H. (ECAB 10-1613): Arm impairment claim sent back for development
D.H., a postal distribution clerk with accepted bilateral wrist tendinitis and carpal tunnel syndrome, sought a schedule award for permanent arm impairment. OWCP relied on a physician who assigned no impairment and placed maximum medical improvement in 2004. The Board found that he had not…
R.B. and Department of the Navy, Mare Island, CA
R.B. (ECAB 10-1512): Two percent right-ear hearing award upheld
R.B., a retired Navy pipefitter, sought a larger schedule award and hearing aids after an accepted occupational hearing loss claim. The Board found that a 1996 audiogram taken near his retirement best measured the loss attributable to workplace noise. Applying the hearing-loss formula to that test…
D.P. and Department of Veterans Affairs, Clement J. Zablocki Medical Center, Milwaukee, WI
D.P. (ECAB 10-1375): Emotional condition claim denial upheld
D.P., a health technician at a Veterans Affairs medical center, attributed an emotional condition to her temporary reassignment, restricted access to rooms and supplies, leave handling, and alleged harassment. The Board found that the employer gave reasonable explanations for the temporary…
R.H. and Department of the Navy, Naval Air Systems Command, Cherry Point, NC
R.H. (ECAB 10-1134): One percent arm award and reconsideration denial upheld
R.H., a Navy machinist, sought a larger schedule award for permanent right-arm impairment after an accepted shoulder injury and surgery. The Board gave special weight to an impartial specialist's explanation of a one percent rating under the sixth edition of the impairment guides. It found no…
P.T. and U.S. Postal Service, Post Office, Rahway, NJ
P.T. (ECAB 10-1079): Three percent right-leg award upheld
P.T., a postal carrier, sought a larger schedule award after a work-related knee injury and surgery. He argued that OWCP should have used the fifth edition of the medical impairment guides because he filed his claim and reached maximum medical improvement before the sixth edition took effect. The…
R.P. and U.S. Postal Service, Processing and Distribution Center, Seattle, WA
R.P. (ECAB 10-875): Suitable-work benefit termination reversed
R.P., a postal bulk mail technician, had accepted chronic sinus, nasal, and asthma conditions related to workplace exposure. OWCP ended his compensation after he declined a modified position in the same workplace. Its medical opinion said he could do the job if he could tolerate a face mask, but…
United States Department of the Army, Womack Army Medical Center, Fort Bragg, North Carolina (Agency) and American Federation of Government Employees, Council 1770 (Union)
Womack Army Medical Center and AFGE Council 1770 (FLRA 0-AR-4349): Attorney fee award set aside after leave restoration
A Womack Army Medical Center employee used annual leave for a day that her contract treated as a holiday. The agency restored the leave before the arbitration hearing, although the arbitrator still sustained the grievance and ordered restoration as a precaution. In a later supplemental award, the…
C.O. and U.S. Postal Service, Post Office, West Covina, CA
C.O. (ECAB 10-1796): Abandoned-hearing finding set aside
C.O., a postal letter carrier, requested a hearing after OWCP determined her wage-earning capacity based on a part-time bank teller job. The written hearing notice was returned to OWCP as undeliverable. An OWCP employee gave her telephone notice two days before the scheduled hearing and resent the…
N.A. and Department of Homeland Security, Customs and Border Protection, Brownsville, TX
N.A. (ECAB 10-1768): Work-related hearing loss claim denial upheld
N.A., a Customs and Border Protection supervisor, had worked around vehicle, aircraft, and rail noise and claimed an occupational hearing loss. The Board accepted that he had workplace noise exposure but found the medical evidence did not link his hearing loss to it. Audiograms he submitted lacked…
J.S. and Department of Labor, Occupational Safety and Health Administration, New York, NY
J.S. (ECAB 10-1712): Five percent awards for each arm upheld
J.S., an OSHA safety specialist, received schedule awards for accepted carpal tunnel syndrome in both arms and sought higher ratings. Her physician applied the sixth edition of the impairment guides and calculated five percent impairment for each arm; an OWCP medical adviser agreed. The Board found…
J.C. and Department of Veterans Affairs, Veterans Health Administration, North Chicago Veterans Medical Center, North Chicago, IL
J.C. (ECAB 10-1491): Back and groin injury claim denial upheld
J.C., a Veterans Affairs housekeeping aide, reported back and groin pain after twisting while pulling carts at work. The Board accepted that the June 6, 2008 incident occurred. It found, however, that the medical reports either repeated his account, discussed symptoms without addressing cause, or…
K.S. and U.S. Postal Service, Post Office, Gosling Springs, TX
K.S. (ECAB 10-1445): Wage-loss claim for lunch-hour therapy denied
K.S., a postal worker with accepted back sprains, sought wage-loss compensation for time spent in physical therapy during her lunch breaks. She still worked eight-hour days on the dates claimed and believed the therapy time should be compensated as overtime. The Board found that her time records…
M.G. and Department of Defense, Defense Logistics Agency, Towson, MD
M.G. (ECAB 10-1415): Overpayment and repayment terms upheld
M.G.'s earlier appeal established that he forfeited compensation after failing to report earnings from private legal work. OWCP recalculated the overpayment for the period the Board had specified, arriving at $32,078.57. In this appeal, the Board upheld the amount and fault finding, which made…
L.B. and Department of Veterans Affairs, Veterans Health Administration, Bronx, NY
L.B. (ECAB 10-1310): Suitable-work compensation termination upheld
L.B., a Veterans Affairs clerk typist who remained employed, had received compensation for accepted ankle and back injuries. Her employer offered a modified program clerk job, and an OWCP referral physician found she could perform its duties within restrictions. Her treating physician agreed with…
D.L. and U.S. Postal Service, Post Office, Eugene, OR
D.L. (ECAB 10-1289): Recurrence claim sent back to resolve medical conflict
D.L., a postal letter carrier with accepted cervical strain and disc displacement, claimed a recurrence of disability beginning February 6, 2008. Her treating physicians attributed renewed symptoms and later surgery to progression of the accepted disc condition. OWCP denied the claim based on…
J.C. and Department of Homeland Security, Federal Emergency Management Agency, Webster, TX
J.C. (ECAB 10-1195): Chemical exposure injury claim denial upheld
J.C., a FEMA disaster reservist, claimed several conditions after exposure to a fire involving ammonia and hydrogen at work. OWCP accepted that the January 7, 2009 exposure occurred. The Board found that the medical reports did not adequately explain how it caused or aggravated the claimed…
O.M. and U.S. Postal Service, Post Office, Atlanta, GA
O.M. (ECAB 10-1895): Request to reopen injury claim denied
O.M., a postal mail processing clerk, had previously been denied compensation for several claimed conditions. He asked OWCP to reconsider, submitting treatment records and reports concerning his knees, feet, spine, and other conditions. The Board found that some evidence repeated material already…
B.F. and Department of the Air Force, Beale Air Force Base, CA
B.F. (ECAB 10-1721): Hearing award reconsideration refusal upheld
B.F., an Air Force firefighter, asked OWCP to reconsider his schedule award for two percent left-ear hearing loss. He resubmitted audiograms and argued that tinnitus should be compensated under another rating standard. The Board found that the audiograms had already been considered and that the…
D.S. and U.S. Postal Service, Processing and Distribution Center, Washington, DC
D.S. (ECAB 10-1597): Benefit termination upheld, recurrence claim remanded
D.S., a postal mail handler, received benefits for accepted cervical and lumbar sprains after a workplace fall. The Board upheld OWCP's termination of benefits because a reasoned impartial medical opinion found the accepted injuries had resolved. She also claimed a new period of disability…
C.J. and U.S. Postal Service, Post Office, Carrollton, TX
C.J. (ECAB 10-1520): Suitable-work compensation termination upheld
C.J., a postal carrier, received compensation after a work-related dog bite injured her right hand. Her physician cleared her for a four-hour workday, and she accepted a sedentary lobby director job but stopped after less than two hours, reporting severe pain. The Board found that later reports…
G.W. and U.S. Postal Service, Post Office, Centralia, IL
G.W. (ECAB 10-1507): Termination of compensation upheld
G.W., a postal rural carrier, received compensation after a work-related motor vehicle accident caused accepted neck conditions. OWCP ended his benefits after an impartial orthopedic specialist concluded that his current condition reflected age-related changes rather than remaining effects of the…
A.F. and Department of Veterans Affairs, Records Management Center, St. Louis, MO
A.F. (ECAB 10-1497): Right-knee injury claim denial upheld
A.F., a Veterans Affairs file clerk, claimed a right-knee injury from contact with a ladder while filing records. The Board accepted that she used a ladder at work on June 23, 2009. It found that her physician did not adequately explain how that activity caused or aggravated the diagnosed knee…
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.