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.W., claiming as widow of L.W., and Department of the Navy, Marine Corps Logistics Base, Barstow, CA
D.W. (ECAB 10-0598): Survivor benefit claim remanded for medical review
D.W. sought survivor benefits after her husband, a Marine Corps logistics base mechanic, died in 2008. He had accepted work-related conditions and cervical spine surgeries, and the coroner identified a spinal infection among the causes of death. An OWCP medical adviser had recommended an infectious…
S.S. and Department of Veterans Affairs, Denver Veterans Administration Medical Center, Denver, CO
S.S. (ECAB 10-0561): Hearing abandonment finding affirmed
S.S., a food service worker with accepted wrist sprains, requested a hearing after OWCP terminated her benefits. OWCP mailed notice of the scheduled hearing to her address of record, but she did not attend, seek a postponement, or explain her absence within 10 days. She argued on appeal that she…
M.H. and Department of Justice, Bureau of Prisons, Leavenworth, KS
M.H. (ECAB 10-0390): Late reconsideration of benefit termination denied
M.H., a prison cook supervisor with accepted shoulder and head injuries, requested reconsideration of OWCP's 2002 termination of wage-loss and medical benefits. His request arrived in August 2009, more than one year after the last merit decision. The Board found that the reports he supplied either…
O.V. and U.S. Postal Service, Post Office, Denver, CO
O.V. (ECAB 10-0281): Consequential foot condition claim remanded for specialist review
O.V., a postal mail handler with an accepted back injury, claimed that tarsal tunnel syndrome in his foot developed as a consequence of that injury. An impartial neurologist initially found no tarsal tunnel syndrome, and the Board considered his examination and reasoning adequate on the record then…
E.F. and U.S. Postal Service, Post Office, Bellmawr, NJ
E.F. (ECAB 10-0253): Bilateral arm impairment awards affirmed
E.F., a postal letter carrier with accepted bilateral carpal tunnel syndrome, disputed the ratings of 15 percent left arm impairment and 5 percent right arm impairment. She challenged both the selection of the impartial orthopedic specialist and his application of the federal impairment guide. The…
J.H. and U.S. Postal Service, Post Office, Caspar, WY
J.H. (ECAB 10-0233): Claimed workplace trip not established
J.H., a postal distribution clerk, claimed that she hurt her back and leg when she tripped on a floor mat at work. A nearby supervisor heard a popping sound and saw her lean against a machine, but said he did not see her trip or stumble. The Board also found that her later description of how the…
M.M. and U.S. Postal Service, Post Office, Las Vegas, NV
M.M. (ECAB 10-0224): Cervical condition denial and review refusal affirmed
M.M., a postal letter carrier with accepted lumbar conditions, also claimed that his work caused a cervical spine condition. An impartial orthopedic specialist attributed the cervical degeneration to a prior military injury and other degenerative factors, and explained why postal work had not…
M.B. and U.S. Postal Service, Post Office, Philadelphia, PA
M.B. (ECAB 10-0207): Bilateral knee osteoarthritis claim denied
M.B., a postal inspector, claimed that years of work caused or worsened osteoarthritis in both knees. After an earlier Board remand, OWCP obtained a new impartial orthopedic opinion addressing the physical demands of his job. The specialist considered both the earlier strenuous duties and the later…
D.H. and U.S. Postal Service, North Metro Processing & Distribution Center, Duluth, GA
D.H. (ECAB 10-0800): Wage-loss claim denied without disability evidence
D.H., a postal clerk, sought wage-loss compensation for periods after an accepted fall caused wrist, knee, and back injuries. A physician attributed her current wrist arthritis to a chronic condition rather than the accepted injury. Another diagnosed back conditions but did not explain how the…
E.B. and U.S. Postal Service, Post Office, Akron, OH
E.B. (ECAB 10-0670): Right arm schedule award denied without ratable impairment
E.B., a postal worker with accepted right carpal tunnel syndrome, sought a schedule award based on a treating physician's 14 percent right arm rating. The Board found that the physician had included grip strength using a method the federal impairment guide did not allow for this condition. A later…
M.K. and Department of the Treasury, Internal Revenue Service, Memphis, TN
M.K. (ECAB 10-0290): Lumbar injury benefits termination affirmed
M.K., an IRS tax examining technician, received benefits after a work fall caused a lumbar strain. OWCP ended wage-loss and medical benefits based on a second opinion orthopedic examination finding no remaining work-related effects and no need for further treatment. The Board found that the…
A.M. and Department of the Navy, Military Sealift Command, Norfolk Naval Airstation, Norfolk, VA
A.M. (ECAB 10-0242): Left shoulder recurrence claim denied
A.M., a Navy seaman with an accepted left shoulder and upper arm injury, claimed total disability for periods in 2008. Her medical reports addressed right shoulder, thumb, and knee conditions, but did not link the claimed inability to work to the accepted left shoulder injury. One physician said…
W.W. and U.S. Postal Service, Post Office, Orange, NJ
W.W. (ECAB 10-0236): Termination of spine sprain benefits affirmed
W.W., a postal carrier, received benefits for accepted back and neck sprains after a fall. OWCP ended wage-loss and medical benefits after two second opinion specialists found no remaining effects of those sprains. The Board found their examinations and explanations sufficient to support…
E.T. and U.S. Postal Service, Post Office, Pompano Beach, FL
E.T. (ECAB 10-0226): Termination of lumbar strain benefits affirmed
E.T., a postal clerk, received benefits for a lumbar strain from moving a cage of recycled waste. OWCP ended compensation and medical benefits after her treating orthopedist found no remaining effects of the accepted strain and released her to work without restrictions. The Board found his opinion…
C.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Leavenworth, KS
C.S. (ECAB 10-0214): Request to add neck, upper back, and shoulder conditions denied
C.S. had accepted back and knee conditions and fell at work in 2007 when her knees gave way. She asked OWCP to add neck, upper back, and right shoulder conditions to her accepted claims. Her physician supported a work connection, but an impartial orthopedist attributed the neck and back symptoms to…
A.M. and U.S. Postal Service, Post Office, Little Rock, AR
A.M. (ECAB 10-0205): Wrist disease claim and refusal to reopen affirmed
A.M., a mail handler with an old left wrist fracture, said repeated lifting of heavy mailbags worsened his wrist and led to fusion surgery. OWCP denied his occupational disease claim. The Board found that his surgeon linked the work to wrist deterioration but did not explain that link with…
D.S. and Department of Homeland Security, Transportation Security Administration, Ontario, CA
D.S. (ECAB 10-0161): Claimed suitcase lifting injury not established
D.S., a transportation security supervisor, said he hurt his left shoulder while lifting a suitcase onto an examination table. He reported the alleged 2006 incident more than a year later and first sought shoulder treatment in 2007. The Board found the delay unexplained and the medical history…
J.H. and Department of Veterans Affairs, San Diego Healthcare System, San Diego, CA
J.H. (ECAB 10-0048): Left knee claim and earlier wage loss denied
J.H. had an accepted right knee injury and sought to add left knee arthritis, hypertension, and anxiety as consequences of that injury. He also sought total disability compensation for periods before OWCP began paying it in November 2008. The Board found that his doctors did not adequately explain…
N.H., claiming as widow of V.H., and Department of Agriculture, Forest Service, Albuquerque, NM
N.H. (ECAB 10-0536): Survivor benefit denial affirmed
N.H. sought survivor benefits after her husband, a Forest Service maintenance worker, died in 2009. OWCP had accepted nerve injuries to his left hand and arm from a 2006 work incident. His physician suggested that pain from those injuries caused depression that contributed to his death. The Board…
M.M. and U.S. Postal Service, Post Office, Kearny, NJ
M.M. (ECAB 10-0522): Arm impairment ratings sent back for explanation
M.M., a postal mail handler with accepted carpal tunnel syndrome in both wrists, received a schedule award for three percent impairment of his right arm and one percent of his left arm. He appealed for a higher award. The Board found that the examining physician did not assign the grade modifiers…
L.B. and Department of the Air Force, Robins Air Force Base, GA
L.B. (ECAB 10-0507): Ten percent hearing award affirmed
L.B., an Air Force sheet metal mechanic and welder, had accepted work-related hearing loss and received a schedule award for 10 percent binaural impairment. A consulting physician had estimated a larger loss, but the Board found that the OWCP medical adviser showed the standard calculation from the…
D.H. and U.S. Postal Service, General Mail Facility, Cleveland, OH
D.H. (ECAB 10-0498): Partial disability claim for finger injury denied
D.H., a postal custodian, injured her left little finger while already working with restrictions for a separately accepted right elbow condition. Her physician reduced her work to four hours a day, and she sought compensation for the other four hours. The Board found that his reports did not…
M.S. and U.S. Postal Service, Post Office, Massena, NY
M.S. (ECAB 10-0489): Knee claim returned for further medical review
M.S., a postal carrier, said she twisted her left knee while stepping out of a mail truck in December 2008. OWCP accepted the incident but denied her injury claim for lack of adequate medical proof. Her surgeon diagnosed a knee condition and repeatedly linked it to the incident, though his reports…
S.R. and U.S. Postal Service, Post Office, Cornersburg, OH
S.R. (ECAB 10-0282): Right leg impairment award held at 18 percent
S.R., a postal carrier with an accepted right ankle sprain, sought a larger schedule award after an earlier 14 percent right leg rating. His physician rated 26 percent by combining lost ankle motion with muscle weakness. The Board found that the applicable medical guide did not allow those two…
E.H. and Department of Defense, Defense Logistics Agency, Stockton, CA
E.H. (ECAB 10-0241): Claimed hip condition not linked to work fall
E.H. said a fall while retrieving luggage at work in 1993 caused avascular necrosis in both hips and led to hip replacement surgeries. An earlier Board ruling had sent the case back to resolve a conflict between medical opinions. The Board gave greater weight to the impartial orthopedist's report…
R.D. and U.S. Postal Service, Mid-Island Processing & Distribution, Melville, NY
R.D. (ECAB 10-0235): Benefit termination reversed; surgery issue remanded
R.D., a postal mail processor, received benefits for an accepted lumbosacral sprain. OWCP ended his benefits and denied his request for thoracic spine surgery based on an impartial orthopedist's opinion. The Board found that the orthopedist did not adequately explain why the accepted condition had…
P.H. and U.S. Postal Service, Post Office, Spokane, WA
P.H. (ECAB 10-0212): Hip and back occupational disease claim denied
P.H., a postal carrier, attributed left hip and low back symptoms to casing mail and getting in and out of her vehicle. OWCP accepted that she performed those duties but denied her injury claim. The Board found her physicians' reports did not give a clear, reasoned link between the duties and a…
E.L. and U.S. Postal Service, Post Office, San Francisco, CA
E.L. (ECAB 10-0196): Recurrence claim after old back sprain denied
E.L., a postal carrier, had an accepted lumbar sprain from 1990 and worked in modified positions for years. She sought renewed treatment in 2005 and later claimed wage loss when her employer stopped providing light duty in 2008. The Board found that her physician did not explain how her need for…
T.C. and U.S. Postal Service, Post Office, Chicago, IL
T.C. (ECAB 10-0780): Refusal to reopen smell loss claim affirmed
T.C., a postal sales associate, claimed loss of smell after exposure to a paint remover at work. OWCP accepted that the exposure occurred and acknowledged a diagnosed smell condition, but denied the claim because medical evidence did not establish causation. T.C. requested reconsideration and…
L.J. and Department of Veterans Affairs, Veterans Administration Medical Center, New Orleans, LA
L.J. (ECAB 10-0510): $20,312.64 overpayment recovery affirmed
L.J., a former VA nurse receiving wage loss benefits, also received a voluntary separation payment. OWCP calculated that the payment covered 128 days during which it had also paid compensation, producing a $20,312.64 overpayment. The Board upheld that calculation after earlier remands had required…
E.W. and U.S. Coast Guard, Coast Guard Yard, Curtis Bay, MD
E.W. (ECAB 10-0312): Shoulder impairment rating sent back for clarification
E.W., a Coast Guard electrical worker with accepted right shoulder dislocations, had already received schedule awards totaling 46 percent right arm impairment. He sought more after another shoulder operation, and his doctor rated him at 55 percent by adding motion loss to pain and weakness. OWCP's…
D.C. and Department of Justice, Bureau of Prisons, Leavenworth, KS
D.C. (ECAB 10-0197 and 10-0202): Both knee ratings sent back for explanation
D.C., a Bureau of Prisons electrician, had accepted meniscus injuries in both knees and received schedule awards for four percent left leg and three percent right leg impairment. His treating doctors proposed higher ratings. OWCP relied on an examination that used the medical guide's knee grid and…
J.B. and U.S. Postal Service, Post Office, Lansdowne, PA
J.B. (ECAB 10-0181): Postal work duties required medical review of stress claim
J.B., a postal clerk, said overlapping bulk mail and dispatch duties, inadequate equipment, and workplace treatment caused an emotional condition. OWCP denied her claim after finding no covered work factor. The Board found that the demands of her regular and specially assigned duties qualified as…
J.M. and Department of the Navy, Philadelphia Naval Shipyard, Philadelphia, PA
J.M. (ECAB 10-0177): Termination of lumbar injury benefits affirmed
J.M., a former Navy shipyard lineman, received benefits for lumbar strains and aggravation of an older L5 fracture after a 1984 work incident. OWCP ended wage loss and medical benefits in 2009 after an impartial orthopedist found that the accepted conditions had resolved. The Board found his…
T.W. and U.S. Postal Service, Cernon Station Post Office, Vacaville, CA
T.W. (ECAB 10-0122): Supervisory duties recognized, claim denial affirmed
T.W., an acting postal station manager, claimed that her duties and workplace pressures caused an emotional condition. OWCP denied the claim after finding no covered employment factors. The Board found that managing employees, the PEG program, and rural route examinations were part of her assigned…
T.G. and Department of the Navy, Military Sealift Command, Oakland, CA
T.G. (ECAB 10-118): Wage-loss termination reversed for inadequate medical support
T.G., a former seaman for the Navy's Military Sealift Command, received compensation for an accepted right carpal tunnel condition. After surgery, OWCP ended his wage-loss compensation based on his surgeon's work-capacity form, which said he could return to his usual job without restrictions. The…
D.K. and U.S. Postal Service, Post Office, Springfield, MA
D.K. (ECAB 10-113): Mail carrier's injury claim and reconsideration denial affirmed
D.K., a postal carrier with an existing neck condition, said moving a tray of mail on April 2, 2008 caused a neck and shoulder injury. OWCP denied his claim because his physician's reports did not adequately explain how that incident caused or worsened the diagnosed condition. The Board agreed that…
L.L. and Department of the Army, Camp Arifjan, Kuwait, AE
L.L. (ECAB 10-16): Some claims denied, two Kuwait accident claims remanded
L.L., an Army budget analyst in Kuwait, sought compensation for several conditions she attributed to work and for injuries from a bus fall and a taxicab crash. The Board upheld denials concerning alleged toxic fumes, computer work, and stress because the needed factual or medical support was…
American Federation of Government Employees, Local 1102 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Detention Center, Seattle, Washington (Agency)
AFGE Local 1102 and Seattle Federal Detention Center (FLRA 0-AR-4548): Medical disclosure claim returns to arbitrator
Supervisors at the Seattle Federal Detention Center discussed an employee's back injury in a public lobby, where another employee overheard them. An arbitrator found that the disclosure was careless but not willful or intentional, and rejected the union's Privacy Act claim. The Authority upheld…
Sumitomo Metal Mining Pogo, LLC
Final assessment reopened without opposition
Sumitomo Metal Mining Pogo asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose reopening. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings…
Smith Farm Enterprises, LLC
In re Smith Farm Enterprises, LLC (EAB CWA Appeal No. 08-02): wetlands jurisdiction affirmed, decision later vacated
Smith Farm Enterprises, LLC appealed an administrative law judge's decision about wetlands on its property and discharges made without Clean Water Act permits. The Environmental Appeals Board held that the wetlands had a significant nexus with downstream navigable waters and therefore fell within…
Christy S. Sparks v. Service Employees International, Incorporated and The Insurance Company of the State of Pennsylvania
Sparks v. Service Employees International (BRB 09-0649R): reconsideration denied and prior remand affirmed
Christy S. Sparks sought Defense Base Act benefits for an injury allegedly sustained while she worked in Iraq. Her employer paid medical benefits but disputed compensation and whether the injury fell within the Act's coverage. After Sparks and her husband filed for bankruptcy without disclosing the…
American Federation of Government Employees, Council of Prison Locals 33 (Union) and United States Department of Justice, Federal Bureau of Prisons (Agency)
AFGE Council of Prison Locals 33 and Bureau of Prisons (FLRA 0-NG-3026): Bargaining required over vest storage
The Bureau of Prisons agreed to provide stab resistant vests to correctional officers who requested them and to require those officers to wear them on duty. The union proposed treating the vests as safety equipment, storing them securely at the prison for issue to officers, and bargaining locally…
Social Security Administration, Highland Park, Michigan (Agency) and American Federation of Government Employees, Local 3239 (Union)
Social Security Administration Highland Park and AFGE Local 3239 (FLRA 0-AR-4676): Agency exceptions denied
The Social Security Administration challenged an arbitration award involving its Highland Park office and AFGE Local 3239. The Authority found no ground under the federal labor statute to set aside the award. It rejected an unsupported claim that the arbitrator exceeded his authority and dismissed…
American Federation of Government Employees, Local 1923 (Union) and United States Department of the Navy, Naval Facilities Engineering Command (NAVFAC Washington) (Agency)
AFGE Local 1923 and Navy Facilities Engineering Command (FLRA 0-AR-4662): Arbitration challenge denied
AFGE Local 1923 challenged an arbitrator's award in a dispute with the Navy Facilities Engineering Command. The Authority concluded that the union had not shown the award was deficient under the statutory standard for reviewing arbitration awards and denied the exceptions. It also declined to…
United States Department of the Army, U.S. Corps of Engineers, Northwestern Division (Agency) and United Power Trades Organization (Union)
Corps of Engineers Northwestern Division and United Power Trades Organization (FLRA 0-AR-4651): Official time remedy narrowed
The Corps of Engineers denied several May 2009 requests for official time from a union president after disputing how much detail he had to provide. An arbitrator sustained the grievance and ordered the agency to use an agreed request procedure until the parties negotiated a new one. The Authority…
United States Department of the Air Force, 82nd Training Wing, Sheppard Air Force Base, Texas (Agency) and American Federation of Government Employees, Local 779 (Union)
Sheppard Air Force Base and AFGE Local 779 (FLRA 0-AR-4455): Temporary promotion award upheld
An employee hired at grade GS-7 performed the duties of a position later classified at GS-11 for about nineteen months at Sheppard Air Force Base. An arbitrator found that the Air Force violated its agreement by recording the assignment as a detail instead of giving the employee a temporary…
Parkstone
Late reopening request and jurisdiction defense rejected
Parkstone asked to reopen an assessment almost two years after it became a final Commission order, saying it mistakenly believed the citations had been dismissed in other litigation. Chief Judge Robert J. Lesnick held that the mistake claim was untimely and lacked enough detail to show…
United States Department of Veterans Affairs, Medical Center, Hampton, Virginia (Agency) and American Federation of Government Employees, Local 2328 (Union)
Hampton VA Medical Center and AFGE Local 2328 (FLRA 0-AR-4656): Performance award remedy stands
The Hampton VA Medical Center reduced employees' performance awards using patient survey scores. An arbitrator found that the center violated its agreement with AFGE Local 2328 by using a factor outside employees' control and changing award criteria without notifying the union or offering to…
United States Department of Homeland Security, United States Customs and Border Protection, Washington, D.C. (Agency) and National Treasury Employees Union (Union)
Customs and Border Protection and NTEU (FLRA 0-AR-4367): Appearance standards award stands
Customs and Border Protection adopted personal appearance standards covering hair, facial hair, cosmetics, jewelry, piercings, and tattoos. An arbitrator found that the agency used those standards in hiring and promotion decisions without the job analysis required for an employment practice, and…
American Federation of Government Employees, Local 3506 (Union) and Social Security Administration, Office of Disability Adjudication and Review, San Antonio, Texas (Agency)
AFGE Local 3506 and Social Security Administration (FLRA 0-AR-4362): Priority consideration remedy upheld
A union president sought a hearing office director position at the Social Security Administration. An arbitrator found that his whistleblowing contributed to his nonselection and ordered priority consideration for the next opening in the region. AFGE Local 3506 argued that he should instead receive…
United States Environmental Protection Agency (Agency) and American Federation of Government Employees, Council 238 (Union)
EPA and AFGE Council 238 (FLRA 0-AR-4147): Medical information agreement enforced
EPA's agreement with AFGE Council 238 limited when local coordinators could receive employees' medical files during reasonable accommodation requests. An arbitrator found that EPA violated the agreement by transferring files without the employees' consent and ordered the files returned to the…
Federal Deposit Insurance Corporation, Division of Supervision and Consumer Protection, San Francisco Region (Agency) and National Treasury Employees Union, Chapter 273 (Union)
FDIC San Francisco Region and NTEU Chapter 273 (FLRA 0-AR-4139): Success award remedy upheld
An FDIC employee was nominated for a Corporate Success Award, but a review panel removed his nomination and substituted another employee outside the agreed selection process. An arbitrator found that the FDIC denied the nominee fair consideration and ordered the award, which carried a three percent…
Dynamic Energy, Inc.
Grader-assisted trucks were not under full control
Dynamic Energy used a steep dirt and gravel haul road at its Coal Mountain surface mine in West Virginia. When loaded coal trucks lost traction on the grade, a motor grader pushed them uphill until they could continue alone. The judge held that the truck driver shared acceleration and deceleration…
Maybell Enterprises, Inc.
Unopposed reopening request granted
Maybell Enterprises asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It…
Michael R. Lee v. Genesis, Inc.
Performance-based discharge was not discrimination
Michael Lee worked at Genesis's Troy Mine, an underground copper and silver operation in Montana, and made several safety complaints during his employment. Genesis acknowledged that the complaints were protected and that Lee's discharge was an adverse action. Judge Alan G. Paez found no causal…
Bill Smith Sand and Gravel
Two assessments reopened
Bill Smith Sand and Gravel asked the Commission to reopen two penalty assessments that had become final orders after the contest periods expired. The Secretary did not oppose either request. After reviewing the circumstances, the Commission reopened both assessments and remanded them for further…
American Coal Company v. Secretary of Labor, MSHA
No-flame mine-fire ruling later reversed
MSHA issued a section 103(k) control order after inspectors saw smoke and white ash at five locations on American Coal's New Future stockpile and smelled burning coal, but observed no flames. The parties agreed that whether a mine fire existed would decide the contest. Judge Avram Weisberger relied…
American Federation of Government Employees, Local 2924 (Union) and United States Department of the Air Force, Davis-Monthan Air Force Base, Tucson, Arizona (Agency)
AFGE Local 2924 and Davis-Monthan Air Force Base (FLRA 0-AR-4678): Arbitration challenge denied
AFGE Local 2924 challenged an arbitration award involving Davis-Monthan Air Force Base, claiming a conflict with an agency regulation. The Authority considered the challenge but found that the union had not established that the award conflicted with the rule it cited. It rejected the agency's…
American Federation of Government Employees, Local 1547 (Union) and United States Department of the Air Force, Luke Air Force Base, Arizona (Agency)
AFGE Local 1547 and Luke Air Force Base (FLRA 0-AR-4278): Email agreement issue returned to arbitrator
Luke Air Force Base replaced password access to its email system from off base with a requirement for a Common Access Card reader. AFGE Local 1547 challenged the change, arguing that the base failed to bargain and violated a memorandum of understanding. The arbitrator rejected the bargaining claim…
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.