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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Matter of Serapio Felimon ALANIA-Martin
Unauthorized work does not bar section 245(i) adjustment
The Board reviewed a Peruvian respondent's appeal after an Immigration Judge denied adjustment of status under section 245(i) because the respondent had worked without authorization. The respondent had an approved employment certification and immigrant-worker petition, and he argued that section…
American Federation of Government Employees, Council of Prison Locals 33 (Union) and United States Department of Justice, Federal Bureau of Prisons, Washington, D.C. (Agency)
Prison Locals Council 33 and Bureau of Prisons (FLRA 0-NG-2949): affidavit proposal is negotiable
The prison employees' union proposed giving an employee a copy of the employee's own affidavit immediately upon request during an official investigation. The Bureau of Prisons argued that releasing affidavits could harm its ability to check witness statements and protect prison security. The…
United States Department of the Interior, United States Park Police (Agency) and Fraternal Order of Police, United States Park Police Labor Committee (Union)
Park Police and Fraternal Order of Police (FLRA 0-AR-4330): overtime award partly set aside
Park Police officers challenged the agency's practice of giving compensatory time for overtime work. An arbitrator found that the D.C. Code, the Fair Labor Standards Act, and federal personnel regulations all governed their overtime compensation. The Authority agreed that the D.C. Code and the Fair…
American Federation of Government Employees, Local 1633 (Union) and United States Department of Veterans Affairs, Michael E. DeBakey Veterans Affairs Medical Center, Houston, Texas (Agency)
DeBakey VA Medical Center and AFGE Local 1633 (FLRA 0-AR-4232): chaplain on-call award upheld
Hospital chaplains at the DeBakey VA Medical Center sought pay for time spent on call and overtime pay when called back to work. An arbitrator denied the grievance after finding that the parties had followed a different compensation practice for eight years and that this practice modified their…
John Tisdale v. American Logistics Services, Abdul Rahman Al-Ghanim, and George H. Lee
Tisdale v. American Logistics Services (BRB 09-0582 and 09-0582A): Defense Base Act coverage established
John Tisdale worked as a warehouse specialist in Iraq under a contract between American Logistics Services and the Coalition Provisional Authority, or CPA. After he claimed a work-related shoulder injury, the administrative law judge denied benefits on the ground that the contract did not meet…
Latite Roofing & Sheet Metal, LLC, successor to Latite Roofing & Sheet Metal Company, Inc.
EAJA fee application denied
OSHA withdrew a serious citation alleging that a roofing safety monitor performed work that could distract from monitoring duties. Latite then sought attorney fees and expenses under the Equal Access to Justice Act. The judge found Latite financially eligible and a prevailing party because the…
National Treasury Employees Union, Chapter 83 (Union) and United States Department of the Treasury, Internal Revenue Service, Washington, D.C. (Agency)
NTEU Chapter 83 and IRS (FLRA 0-NG-2963): cubicle selection proposal is negotiable
After the IRS planned an office move, the union proposed letting affected employees select available cubicles by seniority without being limited to seats assigned to their workgroups. The IRS argued that its seating arrangement supported teamwork, reflected past practice, and affected employees…
National Association of Independent Labor, Local 11 (Union) and United States Department of the Army, U.S. Army Transportation Center, Fort Eustis, Virginia (Agency)
Fort Eustis and Independent Labor Local 11 (FLRA 0-AR-4442): limited backpay award upheld
The Army Transportation Center at Fort Eustis kept certain employees in flexible appointments beyond the one-year period in its labor agreement. An arbitrator found a contract violation but limited backpay and benefits to the filing dates of the employees' grievances and split arbitration costs…
American Federation of Government Employees, Local 933 (Union) and United States Department of Veterans Affairs Medical Center, Detroit, Michigan (Agency)
Detroit VA Medical Center and AFGE Local 933 (FLRA 0-AR-4441): attorney fee ruling remanded
A VA cemetery caretaker won a grievance over a 14-day suspension and received backpay, but the arbitrator denied the union's request for attorney fees without explaining why. The union challenged that fee ruling. The Authority found that the caretaker was the prevailing party, but the record lacked…
Pension Benefit Guaranty Corporation (Agency) and National Association of Government Employees, Local R3-77 (Union)
Pension Benefit Guaranty Corporation and NAGE Local R3-77 (FLRA 0-AR-4416): damages remanded
An employee who had testified in a union arbitration complained that a temporary supervisor threatened her and that the agency's later investigations were inadequate. An arbitrator found that the confrontation violated agency policies and that the investigations retaliated against her earlier…
American Federation of Government Employees, Local 2382 (Union) and United States Department of Veterans Affairs Medical Center, Phoenix, Arizona (Agency)
Phoenix VA Medical Center and AFGE Local 2382 (FLRA 0-AR-4382): reduced discipline award upheld
A VA medical center suspended a physical therapy employee who was also a union steward after complaints about his conduct during a dispute over weekend coverage. An arbitrator found that the agency had violated the labor agreement by failing to show him supervisory notes and by not following…
United States Department of Veterans Affairs Medical Center, Richmond, Virginia (Agency) and American Federation of Government Employees, Local 2145 (Union)
Richmond VA Medical Center and AFGE Local 2145 (FLRA 0-AR-4341): retaliation awards upheld
The Richmond VA Medical Center suspended a union president for ten days after she used official time to seek outside counsel for employees with EEO claims. An arbitrator found that the absence complied with the parties' agreement and past practice, that the suspension lacked just cause, and that…
United States Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union, Chapter 53 (Union)
IRS and NTEU Chapter 53 (FLRA 0-AR-4294): employee repayment award upheld
An IRS employee lost $1,000 while converting taxpayer cash into money orders. The IRS initially resolved a proposed reprimand through an alternative discipline agreement and told her she would not have to repay the loss. It later found her negligent under its manual and demanded repayment. An…
Secretary of Labor v. Barton Mines Company, LLC
Eight contests sent to wrong address reopened
Barton Mines repeatedly indicated that it wanted to challenge eight citations and penalties, but it sent its marked assessment and contest letter to a local MSHA district office rather than the required address. The company also asked the Commission to restore a conference request. The Secretary…
Secretary of Labor v. Coal Haulers, Inc.
Faxed conference request and mailed contest reopened
Coal Haulers said it faxed MSHA a conference request and mailed the proposed assessment form to contest a penalty and request a hearing. It later received a delinquency notice. The Secretary did not oppose reopening but reminded the operator that assessment contests must be marked and mailed to…
Secretary of Labor v. KWV Operations, LLC
Detailed renewed request reopened two assessments
The Commission had earlier denied KWV Operations' reopening requests without prejudice because the company gave only a general claim of inadvertence or mistake. KWV returned with a more detailed affidavit explaining that its corporate office may have sent the contest notices to MSHA's payment…
Secretary of Labor v. Glacier Stone Supply, LLC
Paid penalty reopened after contest sent to wrong office
Glacier Stone Supply wanted to contest a penalty assessment for an October 2009 citation. It sent its notice of contest to the wrong MSHA office and also paid the penalty, but told the Commission it still wished to pursue the challenge and requested a conference. The Secretary did not oppose…
Secretary of Labor v. Martin Marietta Materials, Inc.
Reopening request withdrawn after full payment
Martin Marietta Materials asked the Commission to reopen a final penalty assessment. Before the Commission ruled on that request, the company decided to pay the assessment in full. Its counsel then moved to withdraw the reopening request. The Commission granted the withdrawal.
Secretary of Labor v. The Olen Corporation
Two missing contests reopened
The Olen Corporation said it marked two citations as contested on a proposed assessment form and sent the form to MSHA with payment for other citations. MSHA's Civil Penalty Compliance Office had no record of receiving the contests, and Olen later received a delinquency notice. The company…
Secretary of Labor v. White County Coal, LLC
Fourteen missing citation contests reopened
White County Coal said it marked 14 citations and $39,838 in penalties for contest and sent the assessment form to MSHA's Civil Penalty Compliance Office. It separately paid $8,053 for the remaining citations, and MSHA timely received that payment. MSHA had no record of the contest form and later…
Secretary of Labor v. Dix River Stone
Reopening requests denied for delay and inadequate explanation
Dix River Stone asked to reopen two final penalty assessments, stating only that its files showed the citations had been resubmitted as contested. The Commission denied reopening of Assessment No. 000132599 because the request arrived about 18 months after finality, beyond Rule 60(b)'s one-year…
Secretary of Labor v. Table Rock Asphalt Construction, Inc.
Mailed four-citation contest reopened
Table Rock Asphalt said it received a proposed assessment covering four citations, marked all four penalties for contest, and mailed the notice within the required 30 days. MSHA had no record of receiving the notice. The Secretary did not oppose reopening. In the interests of justice, the…
Secretary of Labor v. Wendling Quarries, Inc.
Paid penalty reopened after citation-contest confusion
Wendling Quarries had already filed a contest of Citation No. 6494021 when MSHA later issued the proposed penalty assessment. The company did not realize that it also needed to contest the penalty, did not forward the assessment to counsel, and its accounting office paid the assessment because the…
American Federation of Government Employees, Local 3911 (Union) and United States Environmental Protection Agency, Region 2, New York, New York (Agency)
EPA Region 2 and AFGE Local 3911 (FLRA 0-AR-4526): performance rating award upheld
An EPA Region 2 union steward challenged his 2006 performance rating of “Fully Successful,” arguing that his work merited “Exceeds Expectations” and that the lower rating reflected discrimination. An arbitrator found that the union had not shown his performance warranted the higher rating and…
American Federation of Government Employees, Local 2505 (Union) and Social Security Administration, District Office, Bartlesville, Oklahoma (Agency)
SSA Bartlesville and AFGE Local 2505 (FLRA 0-AR-4413): no-remedy award upheld
After an SSA employee transferred to a new office, the agency continued crediting her withheld union dues to her former local for more than ten months. The new local also said it had not been notified of an employee orientation. An arbitrator found contract notice violations but declined to order…
Secretary of Labor v. A.I.M., LLC
Assessment reopened after Secretary withdrew opposition
A.I.M. said a clerk with serious health problems failed to tell anyone that a proposed assessment had arrived. Its director said he learned of the assessment only after a delinquency notice arrived, and A.I.M. requested reopening within one week. The Secretary initially opposed relief, then…
Secretary of Labor v. Craig's Operated Equipment
Six-penalty reopening denied for missing explanation
MSHA delivery records showed that Craig's Operated Equipment received an assessment covering seven citations and orders. After a delinquency notice, the company asked to dispute penalties for six of them but gave no reason for missing the 30-day contest deadline. The Secretary opposed reopening on…
Secretary of Labor v. Cedar Creek Coal, LLC
Undelivered assessment never became final
Federal Express could not deliver Cedar Creek Coal's proposed penalty assessment, reporting an incorrect address, while the operator maintained that the address was correct. The Secretary did not oppose relief and advised Cedar Creek to verify its address of record. The Commission held that the…
Tri-County Public Airport Site, Raytheon Aircraft Company
In re Tri-County Public Airport Site, Raytheon Aircraft Company (EAB CERCLA § 106(b) Petition No. 06-01): petition dismissed with prejudice
Raytheon Aircraft Company petitioned the Environmental Appeals Board for reimbursement of costs incurred while complying with a unilateral administrative order issued by EPA Region 7 for the Tri-County Public Airport Site. The Board had stayed the proceeding while parallel federal-court proceedings…
L.H. and Department of Justice, Bureau of Prisons, Ray Brook, NY
L.H. (ECAB 09-2170): Back injury and reconsideration denials affirmed
L.H., a correctional officer, reported back pain after breaking up a fight between inmates. OWCP accepted that the incident occurred but found no competent medical explanation connecting it to a diagnosed injury. The Board held that a spine scan showed degenerative changes without addressing their…
D.R. and Department of Justice, Federal Bureau of Investigation, Pittsburgh, PA
D.R. (ECAB 09-2158): Motor vehicle injury denial affirmed
D.R., an FBI electronics technician, claimed neck and back injuries after a government vehicle carrying him was struck from behind. OWCP accepted the collision but found the medical evidence insufficient to connect it to an injury. The Board held that the chiropractor’s reports had no probative…
J.H. and Department of Justice, Alcohol, Tobacco, Firearms & Explosives, Washington, DC
J.H. (ECAB 09-2078): Vehicle collision claim denial affirmed
J.H., a group supervisor, reported that a landscaping truck struck his assigned government vehicle as he drove to work. OWCP accepted that the collision occurred but denied his traumatic injury claim because he supplied no medical evidence of an injury caused by it. The Board explained that a…
S.C. and Department of Veterans Affairs, Veterans Administration Medical Center, Sepulveda, CA
S.C. (ECAB 09-1949): Benefits termination partly reversed
S.C., a former secretary, received compensation for a 1990 back injury accepted as a lumbosacral sprain and a disorder of the sacrum. OWCP later ended her compensation and medical benefits after an impartial physician attributed her current pain to unrelated degenerative disease and scoliosis. The…
M.B. and Department of the Air Force, Tinker Air Force Base, OK
M.B. (ECAB 09-1831): Late occupational disease claim denied
M.B., a retired aircraft mechanic, attributed arthritis in both knees to years of climbing, bending and squatting at work. He said he connected the condition to his duties in 1984 but filed his claim in April 2009, nearly nine years after retiring. The Board held that the three-year filing period…
R.A. and U.S. Postal Service, Post Office, Baltimore, MD
R.A. (ECAB 09-1801): Compensation overpayment recovery affirmed
R.A., a former letter carrier receiving disability benefits, was paid at the higher rate for workers with dependents after his spouse ceased to qualify as a dependent. OWCP calculated an $18,288.94 overpayment for July 2002 through May 2007. It found him without fault but denied waiver after he…
M.B. and U.S. Postal Service, Post Office, Middlesex, NJ
M.B. (ECAB 09-1568): Termination of disability benefits affirmed
M.B., a letter carrier, received benefits for accepted nerve conditions affecting her shoulders and back. Her treating physician and an OWCP referral physician disagreed about whether those conditions still disabled her. The Board gave special weight to an impartial neurologist’s detailed…
J.G. and Department of the Navy, Naval Air Weapons Station, China Lake, CA
J.G. (ECAB 09-1499): Late occupational disease claim denial affirmed
J.G., a retired Navy accounting technician, claimed that workplace stress caused or aggravated a psychiatric condition. He said he recognized the connection in 1994 but filed this occupational disease claim in 2007, more than 13 years after he last worked. The Board found no evidence that a…
A.M. and U.S. Postal Service, Shubuta Post Office, Shubuta, MS
A.M. (ECAB 09-1495): Recurrence and schedule award denials affirmed
A.M., a rural postal carrier, sustained multiple accepted injuries in a work vehicle crash, including a brain injury. She returned to part-time light duty and later stopped working, then claimed a recurrence of disability and a schedule award. The Board found no proof that her light-duty position…
M.W. and U.S. Postal Service, Post Office, St. Louis, MO
M.W. (ECAB 09-1480): Wage-loss claim denial affirmed
M.W., a postal clerk, had an accepted right trigger thumb and sought wage-loss compensation for periods in 2008. OWCP had already accepted a July 3 to 16 period but denied the other claimed dates. The Board found that her physician’s reports did not explain total disability for the remaining…
J.W. and U.S. Postal Service, Post Office, Bellmawr, NJ
J.W. (ECAB 09-1130): Emotional condition claim returned for medical review
J.W., a postal distribution supervisor, claimed anxiety, panic attacks and depression arising from workplace events. The Board found that he had not substantiated alleged harassment or abuse in disciplinary matters. It did find a compensable employment factor in his required attendance at a meeting…
G.W. and Department of the Treasury, Internal Revenue Service, Atlanta, GA
G.W. (ECAB 10-0782): Late hearing request denial affirmed
G.W., an IRS insolvency specialist, sought a hearing after OWCP denied her claim for a hip injury from a workplace fall. Her hearing request was postmarked after the 30-day deadline. The Board found that she had no hearing right at that point and that OWCP reasonably declined a discretionary…
S.J. and U.S. Postal Service, Post Office, Chicago, IL
S.J. (ECAB 09-2138): Reconsideration denial affirmed
S.J., a postal mail handler, sought reconsideration after OWCP denied her claim for left foot pain. The Board found that the new medical notes with illegible signatures or content carried no useful medical opinion. Her podiatrist’s later report repeated an earlier opinion and did not firmly…
A.L. and U.S. Postal Service, Processing & Distribution Center, Chicago, IL
A.L. (ECAB 09-2101): Back injury claim denial affirmed
A.L., a postal clerk, reported back pain after unloading equipment from a trailer at work. OWCP accepted the April 3, 2008 incident but found no medical opinion linking it to a diagnosed condition. The Board agreed that his doctor’s disability slips and reports did not explain a causal connection…
R.F. and Department of the Air Force, Homestead Air Force Base, FL
R.F. (ECAB 09-2051): Hearing loss award affirmed at 29 percent
R.F., an Air Force employee, received a schedule award for hearing loss caused by occupational noise. He argued that the audiogram used for the award was flawed and that a later test showed greater loss. The Board upheld OWCP’s calculation of 29 percent binaural loss from the certified audiogram…
D.M. and U.S. Postal Service, Western Nassau Processing & Distribution Center, Garden City, NY
D.M. (ECAB 09-1930): Shoulder injury claim denial affirmed
D.M., a postal mail processor, reported left shoulder pain while sweeping mail into trays overhead. OWCP accepted that the November 2006 incident occurred but denied the injury claim. Her treating physician attributed the shoulder condition to repetitive mail sorting without explaining how the…
A.M. and U.S. Postal Service, Post Office, Mojave, CA
A.M. (ECAB 09-1895): Wage-loss claim for reduced hours denied
A.M., a part-time flexible postal clerk with an accepted shoulder and neck injury, sought compensation for hours she did not work in March 2009. Her employer had reduced hours for all clerks in her employment category because of work flow and budget constraints. The Board found no change to her…
W.L. and U.S. Postal Service, Post Office, Philadelphia, PA
W.L. (ECAB 09-1545 and 09-1546): Back injury and surgery denials affirmed
W.L., a postal truck driver, had an accepted 2007 back sprain and later reported severe back pain after moving mail containers in May 2008. The Board accepted that the May incident occurred but found no reasoned medical opinion connecting it to a new injury or a recurrence of the accepted sprain…
W.L. and U.S. Postal Service, Post Office, Philadelphia, PA
W.L. (ECAB 09-1545 and 09-1546): Back injury and surgery denials affirmed
W.L., a postal truck driver, had an accepted 2007 back sprain and later reported severe back pain after moving mail containers in May 2008. The Board accepted that the May incident occurred but found no reasoned medical opinion connecting it to a new injury or a recurrence of the accepted sprain…
B.P. and Department of the Treasury, Internal Revenue Service, Richmond, VA
B.P. (ECAB 09-1479): Emotional condition claim returned for medical review
B.P., an IRS tax-examining assistant, claimed depression, anxiety and panic attacks related to workplace conditions. The Board found no substantiated error or abuse in how management handled her training, assignments or requests for help. It did find that performing her regular tax-examination…
United States Department of Transportation, Federal Aviation Administration (Agency) and National Air Traffic Controllers Association (Union)
FAA and Air Traffic Controllers Association (FLRA 0-AR-4434): reduced suspension upheld
The FAA suspended an air traffic controller for three days after a dispute with a coworker during which he delayed responding to several aircraft in nonmovement areas. An arbitrator found that the FAA had proved two charges but had not proved inattention to duty, and reduced the suspension to a…
Matter of Orlando Gracia RICHARDSON
Conspiracy does not require an overt act
The Board reviewed a Jamaican lawful permanent resident's appeal after an Immigration Judge found him removable based on a New Jersey conviction for conspiracy to commit robbery. The Board held that conspiracy under the aggravated-felony provision does not require proof that one of the conspirators…
O.W. and Department of the Treasury, Internal Revenue Service, Chamblee, GA
O.W. (ECAB 09-2110): Occupational disease claim denial affirmed
O.W., an IRS tax technician, claimed that work caused pain and numbness in her right hand, arm and shoulder. OWCP asked her to describe the duties she believed caused the condition and to provide a medical diagnosis and explanation. She provided neither a description of her work activities nor…
N.S. and Department of Agriculture, Forrestry Service, West Yellowstone, MT
N.S. (ECAB 09-2106): Chainsaw-related wrist claim denial affirmed
N.S., a forestry technician, reported left wrist pain after several days using a chainsaw for work. OWCP accepted his account of the work activity but denied compensation for lack of sufficient medical evidence. One doctor identified a ganglion cyst without linking it to work; another suggested…
H.M. and U.S. Postal Service, Post Office, Reno, NV
H.M. (ECAB 09-2098): Left foot claim denial affirmed
H.M., a postal clerk, attributed left foot problems to a metal cage rod falling on her foot and to prolonged standing and walking at work. The Board accepted those work factors but found the medical reports insufficient to connect them to a diagnosed condition. Her doctors used uncertain terms…
W.P. and Department of the Air Force, 940th Air Refueling, Beale Air Force Base, CA
W.P. (ECAB 09-2094): Four percent hearing loss award affirmed
W.P., an aircraft mechanic, received a schedule award for noise-related hearing loss and sought more compensation, including for tinnitus. The Board upheld OWCP’s calculation of four percent binaural loss from a physician-reviewed audiogram. The other audiograms were not certified by a physician…
A.R. and U.S. Postal Service, Main Post Office, Newark, NJ
A.R. (ECAB 09-1986): Arm impairment award returned for new examination
A.R., a postal mail handler, received a schedule award based on 10 percent impairment of each arm after accepted carpal tunnel syndrome and right elbow conditions. Her physician and an OWCP medical adviser gave different ratings. The Board found that OWCP had not followed its required rotation…
C.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Spokane, WA
C.S. (ECAB 09-1611): Asthma claim denial affirmed
C.S., an accounting technician at a veterans medical center, reported asthma symptoms when working in a poorly ventilated area. An air quality inspection found inadequate ventilation, but the Board held that the medical reports did not adequately explain how workplace conditions caused or…
J.C. and U.S. Postal Service, Post Office, Laconia, NH
J.C. (ECAB 09-1186): Emotional condition claim denial affirmed
J.C., a postal worker, claimed that a coworker’s comments and other workplace conduct caused an emotional condition. The Board found that the record showed workplace conflict but did not substantiate harassment or verbal abuse at a compensable level. It also found no established management error or…
M.H. and U.S. Postal Service, Post Office, Bellmawr, NJ
M.H. (ECAB 09-1022): Arm impairment awards affirmed
M.H., a postal mail processor, sought higher schedule awards for accepted carpal tunnel syndrome and a right shoulder condition. Her physician assigned higher impairment percentages using sensory, strength and pain ratings. The Board found that some of those ratings did not follow the impairment…
Antilles Consolidated Education Association (Union) and United States Department of Defense Education Activity, Domestic Dependent Elementary and Secondary Schools, Puerto Rico District, Fort Buchanan, Puerto Rico (Agency)
Fort Buchanan schools and Antilles Education Association (FLRA 0-AR-4535): substitute rotation award upheld
The Fort Buchanan school district began assigning substitute teachers by a rotation list instead of honoring requests for particular substitutes. One substitute received fewer middle school assignments, and the union argued that the change broke a past practice and discriminated against older…
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.