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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United States, Department of Housing and Urban Development, Boston, Massachusetts (Agency) and American Federation of Government Employees, Local 3258 (Union)
HUD Boston and AFGE Local 3258 (FLRA 0-AR-3933): Agency exception to arbitration award denied
HUD challenged an arbitration award involving its Boston office and AFGE Local 3258. The Authority found that HUD had not shown the award was deficient under the statutory standard for reviewing arbitration awards. Its short decision cites the rule that a claim an arbitrator exceeded authority must…
CKC Materials Division
Settlement vacated four citations and cut penalties
CKC Materials Division faced three civil penalty proceedings involving citations at its operation. The judge approved a settlement that reduced the total penalty from $10,384 to $6,000. Four citations were vacated, two citations had their gravity reduced to unlikely, and five citations had the…
Weirich Brothers, Inc.
Guarding and brake findings partly changed
Weirich Brothers operated small sand and gravel pits near Johnson City, Texas. MSHA alleged that a loader had defective brakes, several pieces of machinery lacked required guarding, and a truck lacked a required reverse-movement alarm. The judge affirmed the imminent-danger order and brake…
In re Leroy Nelson BLAKE, Respondent
Aggravated-felony category lacked a waiver counterpart
The Board reviewed a Department of Homeland Security appeal from an Immigration Judge's grant of a former section 212(c) waiver to a lawful permanent resident convicted of sexual abuse of a minor. It held that the aggravated-felony category of sexual abuse of a minor has no statutory counterpart…
Missouri Gas Energy
Late notice of contest reinstated by agreement
Missouri Gas Energy filed a late notice of contest after the original excavation citations were signed for by a clerk and then lost internally. A judge granted the Secretary's motion to reject the notice as untimely, and the employer sought Commission review. While review was pending, the Secretary…
Buffets, Inc., d/b/a Old Country Buffet
Unguarded mixer citation vacated for lack of proven exposure
OSHA inspected an Old Country Buffet restaurant in Billings, Montana, and cited it for failing to guard the rotating parts of three Hobart A-200 20-quart food mixers. Administrative Law Judge Robert A. Yetman affirmed that item as a serious violation with a $100 penalty, while vacating four other…
Safeway #2555, and its successors
Unguarded bakery-mixer citation vacated for lack of exposure
OSHA cited two unguarded Hobart bakery mixers even though neither mixer was running during the inspection. Safeway employees did not need to add ingredients or put their hands in the bowls while the mixers operated, and the workplace prohibited loose clothing and kept floors clean and dry. The…
Lewis County Dairy Corp.
Commerce dismissal reversed and citations reinstated
After a five-day hearing, the judge dismissed 46 citation items and $141,100 in proposed penalties because he found that Lewis County Dairy was not engaged in a business affecting commerce. The Commission found clear error because the dairy had repeatedly stipulated and admitted that its business…
United States, Department of the Air Force, Air Force Materiel Command, Kirtland Air Force Base, Albuquerque, New Mexico (Respondent) and American Federation of Government Employees, AFL-CIO, Local 2263 (Charging Party)
Kirtland Air Force Base and AFGE Local 2263 (FLRA DA-CA-01-0876): Promotion information complaint dismissed
AFGE Local 2263 sought several categories of records about promotions at Kirtland Air Force Base. The base asked the union to explain why it needed each item and offered to meet; the union gave general reasons tied to promotion audits and representation but did not provide the requested detail. An…
American Federation of Government Employees, Local 1815 (Union) and United States, Department of the Army, United States Army Aviation Center and Fort Rucker, Fort Rucker, Alabama (Agency)
Fort Rucker and AFGE Local 1815 (FLRA 0-AR-3934): Union exception to arbitration award denied
AFGE Local 1815 challenged an arbitration award involving the Army Aviation Center and Fort Rucker. The Authority found that the union had not shown the award was contrary to a law, rule, or regulation under the statutory standard for reviewing arbitration awards. It denied the union's exception…
United States, Department of Homeland Security, Customs and Border Protection Agency, New York, New York (Agency) and American Federation of Government Employees, Local 1917 (Union)
Customs and Border Protection and AFGE Local 1917 (FLRA 0-AR-3865): Suspension relief upheld, fees remanded
Customs and Border Protection suspended an immigration inspector for 10 days over a passport notation and alleged conduct toward travelers and a supervisor. An arbitrator found that the agency had not proved just cause, awarded backpay, and later granted the union attorney fees. The Authority…
United States, Department of Health and Human Services, Food and Drug Administration (Agency) and National Treasury Employees Union, Chapter 282 (Union)
FDA and NTEU Chapter 282 (FLRA 0-AR-3827): Scientist peer review reconsideration denied
An FDA scientist grieved the agency's failure to keep a record of a peer review tied to a higher position grade. An arbitrator ordered a new evaluation, but the Authority had set that award aside because the grievance concerned position classification, which the statute excludes from the negotiated…
Sharon D. Bailey v. Newport News Shipbuilding and Dry Dock Company
Bailey v. Newport News Shipbuilding (BRB 04-0603): impairment award upheld, surcharge reversed
Sharon Bailey injured both hands while working at Newport News Shipbuilding and received temporary partial disability benefits. She requested permanent partial disability benefits within the modification deadline, before a specialist later measured a five percent arm impairment. The Board held that…
American Federation of Government Employees, Local 1164 (Union) and Social Security Administration (Agency)
Social Security Administration and AFGE Local 1164 (FLRA 0-NG-2779): Specialized unit rotation proposals negotiable
AFGE Local 1164 proposed a seniority-based rotation of qualified Social Security employees into specialized work units, plus a way to explain qualifications and fill resulting vacancies. The agency argued that the proposals would restrict its rights to assign work and employees. The Authority read…
National Treasury Employees Union (Union) and United States, Department of the Treasury, Internal Revenue Service, Washington, D.C. (Agency)
NTEU and IRS (FLRA 0-AR-3874): Qualification standard ruling set aside during arbitration
The IRS denied a Revenue Agent application because the applicant did not meet an Office of Personnel Management standard requiring 30 semester hours in accounting. An arbitrator found that standard unlawful and also ruled against an IRS vacancy requirement for knowledge in five accounting areas…
Kennecott Utah Copper Corp.
Discrimination complaint dismissed
Joseph M. Ondreako alleged that Kennecott Utah Copper demoted him and selected him for a layoff because he raised mine safety concerns and contacted MSHA. He also challenged discipline following an accident involving a large open-pit copper mine shovel. After an evidentiary hearing, the judge found…
Cumberland Coal Resources, LP
Ventilation orders partly vacated
Cumberland Coal Resources operated the Cumberland Mine's No. 49 longwall panel. MSHA alleged that the panel's bleeder ventilation system was ineffective and issued imminent-danger orders and citations involving methane and ventilation conditions. After a hearing, the judge affirmed three citations…
United States, Department of the Treasury, United States Mint, Denver, Colorado (Agency) and American Federation of Government Employees, Local 695 (Union)
Denver Mint and AFGE Local 695 (FLRA 0-AR-3872): Mediation conduct award set aside
A Denver Mint police officer complained that a commander grabbed his arm while addressing a uniform rule. An arbitrator found no violation of the workplace violence provision concerning that incident or the police chief's investigation. The arbitrator nevertheless found that the chief breached a…
American Federation of Government Employees, Local 505, National Immigration and Naturalization Service Council (Union) and United States, Department of Homeland Security, Bureau of Citizenship and Immigration Services, Los Angeles District, Los Angeles, California (Agency)
Immigration services and AFGE Local 505 (FLRA 0-AR-3855): Injury pay grievance denial upheld
An immigration services employee injured her shoulder at work and filed the form seeking continuation of pay 33 days later. An arbitrator denied her grievance after finding that she missed the 30-day filing period and that the agency had given her the forms and offered help. The Authority denied…
Prairie State Generation Station
In re Prairie State Generation Station (EAB PSD Appeal No. 05-02): permit vacated and remanded
The Illinois Environmental Protection Agency issued a PSD permit for Prairie State Generating Company's proposed 1,500-megawatt coal-fired facility before issuing its response to public comments. Petitioners challenged the timing and the permit's compliance with EPA's procedural requirements. The…
United States, Department of the Army, United States Army Aviation Center, Fort Rucker, Alabama (Agency) and American Federation of Government Employees, AFL-CIO, Local 1815 (Labor Organization/Petitioner)
Fort Rucker and AFGE Local 1815 (FLRA AT-RP-04-0051): Confidential technician excluded from unit
AFGE Local 1815 sought to include an aerospace engineering technician at Fort Rucker in its bargaining unit. A regional director excluded her as a confidential employee because she supported a director involved in union negotiations and grievance decisions and had advance access to grievance and…
Wake Stone Corporation
Settlement decision vacated for clarification
An ALJ granted the Secretary's motion for summary decision on an alleged violation of 30 C.F.R. § 56.14132(a) and later approved a $60 settlement. Wake Stone petitioned for review, arguing that the parties had not agreed to settle whether a violation occurred, only the amount of any penalty. The…
Speed Mining, Inc.
Review petition withdrawn
Speed Mining had asked the Commission to review an ALJ determination involving alleged violations of a modification issued by MSHA. While the Commission held the decision in abeyance so the parties could discuss settlement, Speed Mining moved to withdraw its review petition. The Commission granted…
Cardinal FG Company
In re Cardinal FG Company (EAB PSD Appeal No. 04-04): permit review denied
Cardinal FG Company sought a PSD permit for a 650-ton-per-day flat glass plant near Chehalis, Washington. The petitioner challenged the permitting authority's choice of the 3R Process as BACT for nitrogen oxides and carbon monoxide, the resulting emissions limits, and the decision not to subject a…
United States, Department of Justice, Federal Bureau of Prisons, United States Penitentiary (Administrative Maximum), Florence, Colorado (Respondent) and American Federation of Government Employees, Local 1302 (Charging Party/Union)
Florence penitentiary and AFGE Local 1302 (FLRA DE-CA-01-0700): Promotion retaliation complaint dismissed
A Florence penitentiary officer alleged that the warden denied him a promotion because of past union activity and made a coercive statement when explaining the selection. An administrative law judge found that the statement, in the context of that meeting, was not coercive and that the record did…
PICO Industries, Inc.
Fire-escape platform fall citation affirmed
Two PICO employees worked on an unguarded steel fire-escape platform during a Washington, D.C., theater renovation. Part of the platform extended beyond a lower roof, creating an unobstructed 27-foot fall to the street, and photographs showed one worker with a foot extending over the edge. The…
American On Site; Jeremiah Inc.
Reopening request remanded for good-cause determination
American On Site; Jeremiah Inc. was shown as a contractor on an MSHA proposed penalty assessment issued on November 26, 2004. The company's president later wrote to ask about the assessment, and the Commission treated the letter as a request to reopen an assessment that had become final after the…
Premier Chemical LLC
Two late penalty contests remanded for review
Premier Chemical asked the Commission to reopen two MSHA penalty assessments after its contests arrived five days late and 21 days late. The company provided no explanation or supporting documents for the delays, but the Secretary did not oppose relief. The Commission remanded both matters to the…
Twentymile Coal Company
Contractor citations vacated
Twentymile Coal operated the Foidel Creek underground coal mine and hired Precision Excavating as an independent contractor. MSHA issued Twentymile the same six citations it issued to Precision for equipment conditions, including defective equipment, guarding, fire-extinguisher examination…
United States, Department of Veterans Affairs, Washington, D.C. (Agency) and American Federation of Government Employees, AFL-CIO (Union)
Phoenix VA medical center and AFGE (FLRA DE-RP-04-0021): Administrative officer included in unit
AFGE sought to include an Administrative Officer of the Day at a Phoenix VA medical center in its bargaining unit. The VA argued that the position was a management official because the officer acted for the medical center director after hours and exercised administrative judgment. An acting…
United States, Department of the Treasury, Internal Revenue Service, Large and Mid-Size Business Division, Omaha, Nebraska (Agency) and National Treasury Employees Union, Chapter 3 (Union)
Omaha IRS and NTEU Chapter 3 (FLRA 0-AR-3886): Priority consideration promotion award upheld
An IRS agent was twice passed over for a GS-14 Senior Team Coordinator position, the second time after a settlement promised him priority consideration. An arbitrator found that the IRS failed to give him that preference and relied on a recent-experience requirement that the vacancy announcement…
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-3852): Interlocutory dismissal left without prejudice
An arbitrator retained jurisdiction to decide a union official time issue after receiving further submissions. The agency filed exceptions before that final decision, and the Authority's Case Control Office dismissed them without prejudice as interlocutory. The union later said it had withdrawn the…
Eastern Associated Coal Corp.
Contractor hazard-training citation affirmed
Eastern Associated Coal operated the Harris No. 1 underground coal mine and hired a specialist contractor to inject polyurethane grout into a narrowed entry. A roof fall during the work permanently injured the contractor's employee. The Commission majority held that Eastern violated 30 C.F.R. §…
Terry Thompson, employed by Foster Dixiana Corporation
Misaddressed penalty assessment remanded for assignment
Terry Thompson, a plant manager at Foster Dixiana's Dixiana Mine, was assessed an individual penalty for an alleged section 110(c) violation. MSHA mailed the assessment to an address where Thompson no longer received mail, and he learned of it only after the contest period had passed. The…
Allstate Painting & Contracting Co., Inc.
All citations vacated because Allstate was not the employer
OSHA cited Allstate Painting for numerous toxic-exposure and fall-protection violations on an Ohio bridge project. Although Allstate held the subcontract, it had assigned its rights and obligations to American Painting, whose long-term employees performed and supervised the work. Applying the…
South Dakota Beverly Enterprises, Inc. d/b/a Beverly Health Care Bella Vista Nursing Home, and Commercial Management, Inc. d/b/a Beverly Health Care - Ipswich
Mixer-guarding citations vacated for lack of exposure
OSHA cited two South Dakota nursing homes for operating unguarded Hobart A-200 food mixers. Employees generally turned the mixers off before adding ingredients, and the only exception involved pouring liquid from a gallon pitcher through the opening above the bowl. The Commission found no…
United States, Department of Labor (Agency) and American Federation of Government Employees, Local 12 (Union)
Labor Department and AFGE Local 12 (FLRA 0-AR-3838): Reconsideration granted, priority consideration award upheld
An arbitrator found that the Labor Department used an improperly constituted selection panel for a GS-15 position and ordered priority consideration for the employee's next suitable opening. The Authority initially refused to consider the department's objections to the contract provision used by…
Eastern Associated Coal Corp.
Four missed contests remanded for good-cause review
Eastern Associated Coal asked to reopen a final penalty assessment for four citations at its Harris No. 1 Mine. The company said it discovered the missed contests in November 2004 and that counsel's earlier motion to reopen appeared to have been lost. The Secretary did not oppose relief. The…
United States, Department of Justice, Federal Bureau of Prisons, United States Penitentiary, Marion, Illinois (Agency) and American Federation of Government Employees, Local 2343, Council of Prison Locals (Union)
Marion prison and AFGE Local 2343 (FLRA 0-AR-3902): Backpay award set aside after lawful reassignment
A Marion prison employee was temporarily moved from night correctional duties while the agency investigated allegations involving him. The investigation found no security concern, and the employee returned to his prior assignment. An arbitrator found the reassignment complied with the parties'…
National Treasury Employees Union, Chapter 207 (Union) and Federal Deposit Insurance Corporation (Agency)
FDIC and NTEU Chapter 207 (FLRA 0-AR-3850): Surplus employee reassignment required by agreement
An FDIC employee whose GS-15 position was slated for elimination applied for two vacancies under the parties' surplus employee reassignment agreement. The personnel office found him basically qualified and referred only him, but selecting officials rejected him for both positions. An arbitrator…
Arenero Rafael Colon, Inc.
Temporary reinstatement affirmed
Arenero Rafael Colon operated a sand processing facility in Puerto Rico and discharged heavy equipment operator Wilfredo Morales after a dispute about driving loaded trucks down a wet, slippery slope. Morales filed a discrimination complaint, and the Secretary found that it was not frivolously…
City of Marlborough, Massachusetts
In re City of Marlborough, Massachusetts (EAB NPDES Appeal No. 04-12): permit review denied
The City of Marlborough, Massachusetts, challenged its NPDES permit for the Easterly Wastewater Treatment Facility. The permit authorized continued discharges into Hop Brook, where phosphorus loading had contributed to eutrophication and water quality problems. The City challenged seasonal…
Southwest Concrete & Paving
Settlement approved with reduced penalty
Southwest Concrete & Paving and the Secretary agreed to settle civil penalty proceedings involving the Mimbres Pit Mine. The Secretary agreed to modify four citations, and the settlement reduced the total penalty from $1,439 to $967. Judge Michael E. Zielinski found the settlement appropriate under…
Nelson Tree Service, Inc.
Bucket-truck safety citations vacated
A Nelson Tree Service crew leader was seriously injured when a bucket truck's crank-arm assembly failed, the boom collapsed, and he was ejected from the bucket. The judge found that the Secretary did not prove the truck lacked the required inspection because the company's annual inspection record…
Joel Dingess, employed by Elk Run Coal Company
Default order remanded for good-cause review
Joel Dingess was assessed a civil penalty for an alleged individual liability violation and did not answer the Secretary's petition or a later show-cause order. After a default decision became final, Dingess sent handwritten letters asking the judge to review his case and reduce the fine, but he…
Hanson Aggregates, SE, Inc.
Misfiled penalty assessment remanded for review
Hanson Aggregates asked to reopen a final penalty assessment for a citation at its Sandy Flat Quarry. The company said it had contested the underlying citation, but the later penalty assessment was accidentally filed instead of being sent to the safety manager. The Secretary did not oppose relief…
Arecibo & Aguadilla Regional Wastewater Treatment Plants
In re Arecibo & Aguadilla Regional Wastewater Treatment Plants (EAB NPDES Appeal Nos. 02-09 and 03-05): waiver review denied
The Puerto Rico Aqueduct and Sewer Authority sought section 301(h) waivers from secondary treatment requirements for its Arecibo and Aguadilla regional wastewater treatment plants. Petitioners did not dispute that the plants ultimately met the substantive waiver requirements, but argued that EPA…
Martin Marietta Aggregates
Misplaced assessment remanded for review
Martin Marietta asked to reopen a final penalty assessment after the proposed assessment was misplaced during an office move. The assessment had been delivered to the company's Southwest Division Office, and counsel discovered the missed contest after obtaining another copy from MSHA. The Secretary…
Caretti, Inc.
Canopy fall-protection citation vacated
A Caretti apprentice bricklayer climbed onto an unguarded school entrance canopy 11 feet above the ground and laid brick without fall protection. The superintendent had assigned him work below the canopy and had directed another crew to add a second scaffold stage that would provide protection for…
United States, Department of the Army, Womack Army Medical Center, Fort Bragg, North Carolina (Agency) and American Federation of Government Employees, Local 1770 (Union)
Womack Army Medical Center and AFGE Local 1770 (FLRA 0-AR-3873): Weather staffing award set aside
Womack Army Medical Center designated pathology laboratory employees and phlebotomists as essential staff during adverse weather. An arbitrator sustained a union grievance and ordered the center to remove those designations, finding the employees were not critical to operations. The Authority…
Library of Congress (Agency) and Congressional Research Employees Association, IFPTE, Local 75 (Union)
Library of Congress and IFPTE Local 75 (FLRA 0-AR-3835): Retiree cash award remedy set aside
A senior level Library of Congress employee retired on December 31 after submitting his work for an annual appraisal. An arbitrator ordered the Library to appraise him and provide a performance cash award if his rating would have raised pay above the statutory cap; the ruling also covered similarly…
United States, Department of the Army, Military Traffic Management Command, Alexandria, Virginia (Agency) and American Federation of Government Employees, Locals 909/2 and 2855 (Labor Organizations)
Military Traffic Management Command and AFGE Locals 909/2 and 2855 (FLRA WA-RP-02-0063): Election review denied
An Army command reorganization joined employee groups previously represented by two locals of the same national union. A regional director found a combined unit appropriate and named Local 909/2 its representative. Local 2855 sought an election, and the Authority initially agreed to review that…
In re Greg Fabian AZURIN, Respondent
Section 212(c) waiver remains available with adjustment
The Board considered whether the respondent could seek a waiver under former section 212(c) of the Immigration and Nationality Act while applying for adjustment of status. The respondent had pleaded guilty before the 1996 amendments to shooting at an occupied motor vehicle. The Service charged that…
American Federation of Government Employees, Local 1013 (Union) and United States, Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Yazoo City, Mississippi (Agency)
Yazoo City prison and AFGE Local 1013 (FLRA 0-AR-3907): Removal appeal dismissed for lack of jurisdiction
An arbitrator upheld the removal of an educational specialist at the Yazoo City federal prison after finding violations of employee conduct standards. The union filed exceptions with the Authority and argued that the removal involved national security and an unfair labor practice. The Authority…
Defense Logistics Agency, Fort Belvoir, Virginia (Agency) and American Federation of Government Employees, AFL-CIO (Labor Organization/Petitioner)
Defense Logistics Agency and AFGE (FLRA WA-RP-04-0064): Election for dispersed customer representatives approved
AFGE sought an election for about 62 unrepresented Defense Logistics Agency customer support representatives stationed across 44 military installations. An acting regional director found that adding them to AFGE's existing nonprofessional unit would preserve an appropriate bargaining unit. The…
Independence Coal Company d/b/a Progress Coal Company
Missed penalty contest remanded for good-cause review
Independence Coal Company operates the Twilight MTR Surface Mine in West Virginia. It asked to reopen a penalty assessment covering 45 alleged violations after the assessment was signed for by a temporary employee and reached the company's safety director later. The company said it marked the…
Eastern Associated Coal Corp.
Missed penalty contest remanded for good-cause review
Eastern Associated Coal operates the Harris No. 1 Mine in West Virginia. It asked to reopen a penalty assessment after four citations were not contested during a change in the company offices responsible for paying penalties and filing contests. The Secretary did not oppose the request, but Eastern…
Claude S. Radford, employed by Dicaperl Minerals Corp.
Missed penalty contest remanded for good-cause review
Claude S. Radford, an employee of Dicaperl Minerals Corp., was charged with a Mine Act section 110(c) violation. He asked to reopen a penalty assessment after MSHA told counsel that the penalty had not been contested on time. Radford said the assessment was received and forwarded to counsel on…
Terry J. Vance, employed by Dicaperl Minerals Corp.
Missed penalty contest remanded for good-cause review
Terry J. Vance was charged with a Mine Act section 110(c) violation related to Dicaperl Minerals Corp. He asked to reopen a penalty assessment after MSHA told counsel that the penalty had not been contested on time. Vance said someone signed for the assessment on September 25, 2004, but counsel’s…
Social Security Administration, Baltimore, Maryland and Offices of Hearings and Appeals, Kansas City and St. Louis, Missouri (Respondents) and IFPTE Association of Administrative Law Judges, Region VII (Charging Party/Union)
SSA hearing offices and IFPTE ALJ union (FLRA DE-CA-02-0657): Security bargaining issue remanded
The union representing Social Security Administration administrative law judges sought security information and bargaining before a St. Louis hearing office moved. An administrative law judge found that the agency unlawfully withheld requested security surveys but rejected several bargaining…
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.