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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GE Plastics Mt. Vernon, Inc.
In re GE Plastics Mt. Vernon, Inc. (EAB RCRA Appeal No. 04-01): petition dismissed after settlement
GE Plastics Mt. Vernon, Inc. petitioned for review of its RCRA Permit No. IND 006 376 362. GE Plastics later withdrew the petition and stated that the parties had settled all matters raised in it. The Environmental Appeals Board dismissed the petition with prejudice. The order does not describe the…
United States, Department of Veterans Affairs, Veterans Affairs Medical Center, Phoenix, Arizona (Respondent) and American Federation of Government Employees (Charging Party)
Phoenix VA Medical Center and AFGE (FLRA DE-CA-03-0302): Arbitration participation complaint dismissed
A Phoenix VA medical center canceled an employee's suspension before a scheduled arbitration hearing and restored his lost pay and benefits. Its representatives appeared at the hearing to challenge the arbitrator's jurisdiction, then left; the arbitrator continued and issued an award. A complaint…
United States, Department of the Treasury, Internal Revenue Service, Kansas City Field Compliance Service (Agency) and National Treasury Employees Union, Chapter 66 (Union)
IRS Kansas City and NTEU Chapter 66 (FLRA 0-AR-3826): Progress review grievance may proceed
An IRS employee filed a grievance over an evaluative recordation, a written performance review before a formal appraisal. The agency refused to process it, saying the matter was excluded from the grievance procedure. An arbitrator found that the current labor agreement allowed such grievances and…
The Timken Company
Split Commission leaves two lockout violations in place
OSHA cited Timken after a maintenance employee was seriously injured when part of a steel mill moved during a hydraulic-hose repair. The judge found that the company had not adequately trained its authorized employees on hazardous energy control and that the mill had not been fully locked out. She…
Marcella Nursing & Rehabilitation Center, Cinnaminson Nursing Center, Geriatric & Medical Services
EAJA fee request denied after parent assets aggregated
Three nursing facilities sought attorney fees and expenses under the Equal Access to Justice Act. Each facility individually met the size and net-worth limits, but their corporate parent, Genesis Health Ventures, did not. On remand, the judge found that Genesis exercised extensive control over the…
National Air Traffic Controllers Association (Union) and United States, Department of Transportation, Federal Aviation Administration (Agency)
NATCA and FAA (FLRA 0-AR-3829): Relocation expense denial upheld
The FAA relocated employees' official duty stations. Some employees whose commutes increased asked an agency review panel to approve moving expenses under a memorandum of understanding. The panel denied their requests, and an arbitrator found that the employees had not supplied it with information…
United States, Department of the Army, Military Traffic Management Command, Alexandria, Virginia (Agency) and American Federation of Government Employees, Local 909/2, AFL-CIO (Labor Organization/Petitioner) and American Federation of Government Employees, Local 2855, AFL-CIO (Labor Organization/Applicant)
Army Military Traffic Management Command and AFGE locals (FLRA WA-RP-02-0063): Election issue held for briefing
A reorganization joined Army transportation command operations in Alexandria and Fort Eustis, where two AFGE locals had represented separate employee groups. A regional director found the Fort Eustis employees had joined the Alexandria bargaining unit. The Authority rejected Local 2855's challenges…
Baylor Mining, Inc.
Motion for partial reconsideration denied
The Secretary sought partial reconsideration of a discovery order requiring disclosure of miner-witness names and statements shortly before trial. Judge T. Todd Hodgdon held that Commission precedent allowed witness statements to be provided when the witnesses were identified for trial. He denied…
Pyramid Chemical Company
In re Pyramid Chemical Company (EAB RCRA (3008) Appeal No. 03-03): motion for reconsideration denied
Pyramid Chemical Company asked the Environmental Appeals Board to reconsider its September 16, 2004 Default Order and Final Decision. Pyramid argued that the Board lacked authority under RCRA to require reimbursement to the Netherlands for disposal costs and that the matter should be stayed while…
National Treasury Employees Union (Union) and United States, Department of Homeland Security, Customs and Border Protection, Washington, DC (Agency)
NTEU and Customs and Border Protection (FLRA 0-NG-2627): Some firearms procedures negotiable
NTEU proposed changes to firearms storage, travel, and procedures for officers whose authority to carry a firearm was removed. The Authority found that requiring overnight firearm storage at every work site and allowing certain commuting stops would interfere too much with the agency's internal…
Sedgman
Violations and penalties resolved in part
Sedgman and its on-site representative David Gill faced civil-penalty proceedings arising from conditions at a coal preparation plant. Judge Avram Weisberger found a violation involving fall protection and resolved a separate structure-maintenance citation with a reduced enforcement finding after a…
Davis Brothers Construction Company, Inc.
Late notice dismissal affirmed for lack of proof
Davis Brothers claimed that its safety consultant timely left a notice of contest with an OSHA receptionist after an informal conference. OSHA had no record of receiving the letter and sent two abatement notices before receiving a later copy. The judge credited OSHA's established document-handling…
Mountain Coal Company, LLC
Coal-dust order modified
Mountain Coal contested a withdrawal order issued over coal dust and other combustible material at the West Elk Mine. Judge Richard W. Manning found a violation of 30 C.F.R. § 75.400 but modified the order to a section 104(a) citation and reduced the negligence finding to moderate. The citation was…
Martin Marietta Aggregates
Highwall hazard citation affirmed
A pit loader at Martin Marietta's Cayce Quarry was partly engulfed by falling material. Before the collapse, fissures and overhanging rock at the highwall created a fall-of-material hazard for workers below. Judge Gary Melick found that the operator violated the highwall safety standard and that…
Town of Marion, Massachusetts
In re Town of Marion, Massachusetts (EAB NPDES Appeal No. 04-09): petition dismissed as moot
The Town of Marion, Massachusetts, challenged provisions in an NPDES permit issued by EPA Region 1. The Town objected to a lower fecal-coliform limit, added monitoring parameters, and an ambient water-quality monitoring program that were not in the draft permit. EPA Region 1 withdrew the contested…
Lammi Sand & Rock
Default reopening remanded
Lammi Sand & Rock asked the Commission to reopen four penalty assessments that became final because the company did not timely contest them. Lammi said the assessments were related to two contested cases arising from the same inspection and that the failure to contest was inadvertent. The…
Martin Marietta Aggregates
Penalty reopening remanded
Martin Marietta missed the 30-day deadline to contest a proposed penalty because its internal routing delayed counsel's receipt of the assessment. The company asked the Commission to reopen the final penalty order, and the Secretary did not oppose. The Commission remanded for a determination of…
United States, Department of the Treasury, Internal Revenue Service, Austin, Texas (Agency) and National Treasury Employees Union (Union)
IRS Austin and NTEU (FLRA 0-AR-3858): Overtime grievance ruling upheld
An IRS office offered overtime but told employees on a temporary detail that they could not participate. The union grieved on behalf of 19 detailed employees. An arbitrator found the grievance timely because the agency had failed to notify the union of the overtime opportunity and discuss equitable…
United States, Department of Labor (Agency) and American Federation of Government Employees, Local 12 (Union)
Department of Labor and AFGE Local 12 (FLRA 0-AR-3838): Priority consideration remedy upheld
A Department of Labor program analyst was excluded from the list of best qualified applicants for a GS-15 position. An arbitrator found that the panel evaluating applicants did not meet the labor agreement's requirements, and he ordered priority consideration for the employee's next qualifying…
William Wesley Smith v. Martin County Coal Corporation
Smith v. Martin County Coal (BRB 04-0126 BLA): black lung denial sent back for evidence review
William Smith filed a subsequent black lung claim after earlier denials. Martin County Coal conceded that he had pneumoconiosis and a totally disabling respiratory impairment, but a judge found insufficient proof that the disease substantially contributed to his disability. The Board held that the…
Newmont Midas Operation
Ronald R. Cole v. Newmont Midas Operation (FMSHRC WEST 2004-442-DM): Late discrimination complaint dismissed
Ronald Cole filed a Mine Act discrimination complaint 79 days after the 60-day deadline. He said he did not know MSHA could assist him. Judge David F. Barbour found that Cole's mining experience and prior training made the explanation not credible, and Newmont's claimed prejudice did not…
Taj Mahal Contracting/Gen Construction Co.
Late-contest case remanded to decide employer identity
OSHA issued construction citations with $9,300 in proposed penalties to Taj Mahal Contracting, which filed its notice of contest three days late. The owner claimed that OSHA had cited the wrong company and that his sole proprietorship had no employees. The Commission agreed with the judge that the…
Loretta K. Boden v. G.M. & W. Coal Company, Incorporated and State Workers' Insurance Fund
Boden v. G.M. & W. Coal (BRB 04-0286 BLA): subsequent survivor claim denial affirmed
Loretta Boden's first survivor claim was denied because she had not shown that the miner's death was due to pneumoconiosis. She filed another claim more than a year later. In the later case, a judge found that pneumoconiosis caused his death but still denied benefits under the rule governing…
Association of Civilian Technicians, Wichita Air Capitol Chapter (Union) and United States, Department of Defense, National Guard Bureau, Kansas National Guard, Topeka, Kansas (Agency)
Wichita Air Capitol technicians and Kansas National Guard (FLRA 0-NG-2581): Military training proposal dismissed
The Wichita Air Capitol technicians' union proposed notice, position description, and bargaining procedures for military training assigned to National Guard technicians during civilian work hours. A federal appeals court had rejected the Authority's earlier conclusion that a separate military…
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): Peer review award set aside
An FDA scientist sought an upgrade from GS-13 to GS-14 through the agency's peer review process. An arbitrator found that the review committee had failed to keep records required by the labor agreement and ordered another evaluation. The Authority set aside the award because the peer review…
Calpine Corporation (Moapa Paiute Energy Center)
In re Calpine Corporation (Moapa Paiute Energy Center) (EAB PSD Appeal No. 04-02): petition dismissed after settlement
The State of Nevada petitioned for review of the PSD permit for Calpine Corporation's Moapa Paiute Energy Center. Nevada later withdrew its petition after the parties sought additional time to resolve the case. The Environmental Appeals Board understood the parties to have settled the underlying…
Environmental Enterprises, Inc.
Settlement motion prompted remand for employee comment
Environmental Enterprises treated hazardous wastewater at its Cincinnati facility, where mixing sodium sulfide and an acid generated hydrogen sulfide that rendered an employee unconscious. The judge affirmed three serious violations involving excessive exposure, engineering or administrative…
Bremerton Metal Trades Council (Union) and United States, Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington (Agency)
Bremerton Metal Trades Council and Navy shipyard (FLRA 0-AR-3870): Arbitration award upheld
The Bremerton Metal Trades Council challenged an arbitration award involving the Puget Sound Naval Shipyard. The Authority denied the union's exceptions after reviewing the record and precedent on ambiguous awards, factual errors, and contract interpretation. It concluded that the union had not…
In re Hadi ESLAMIZAR, Respondent
Oregon violation was not an immigration conviction
The Board reconsidered an earlier decision involving an Oregon theft adjudication labeled a violation. The Board held that the adjudication was not a conviction for immigration purposes because Oregon determined guilt by a preponderance of the evidence rather than beyond a reasonable doubt, and the…
Social Security Administration, Lawrenceburg, Tennessee (Agency) and American Federation of Government Employees, Local 3438 (Union)
SSA Lawrenceburg and AFGE Local 3438 (FLRA 0-AR-3813): Supplemental travel award set aside
An arbitrator ordered SSA to reimburse a union representative's expenses for a final inspection of a relocated Lawrenceburg office. The parties later established that the representative had not attended that inspection. In a supplemental award, the arbitrator directed reimbursement if the…
Rag Cumberland Resources, LP
Remand penalty set at $3,000
Rag Cumberland Resources returned to the ALJ after the Commission held that a bleeder-condition violation was not an unwarrantable failure and required a new penalty assessment. The parties stipulated to a $3,000 penalty for the violation. Judge Jerold Feldman found that amount consistent with the…
J. Mess Plumbing Co., Inc.
Five excavation violations affirmed and two vacated
J. Mess Plumbing sent crews to locate and repair a sewer line through an excavation more than nine feet deep in a residential yard. OSHA cited the company for seven alleged violations involving traffic protection, warning vests, atmospheric testing, spoil placement, training, competent-person…
United States, Department of Transportation, Federal Aviation Administration, Washington, D.C. (Agency) and National Air Traffic Controllers Association, AFL-CIO (Union)
FAA and NATCA (FLRA 0-AR-3832): Weather pay exceptions dismissed as premature
NATCA grieved FAA guidance limiting pay and other entitlements for employees excused from holiday work during hazardous weather or geological conditions. An arbitrator sustained the grievance but left the amount of any employee remedy for the parties and, if needed, a further hearing. The FAA filed…
Jim Walter Resources, Inc.
Pretrial motions resolved
Jim Walter Resources filed motions to exclude an MSHA investigation report, limit evidence about prior violations, and obtain summary decision on several citations. Judge David F. Barbour denied exclusion of the report, rejected summary decision on the contested issues, and resolved the evidentiary…
The Lubrizol Corporation
In re The Lubrizol Corporation (EAB RCRA Appeal No. 04-02): petition dismissed with prejudice
The Lubrizol Corporation petitioned the Environmental Appeals Board to review two conditions of a RCRA permit issued by EPA Region 5. The parties stayed the case while a permit modification process was planned. Lubrizol later reported that the permit had been amended to its satisfaction, withdrew…
Blue Plains Wastewater Treatment Plant
In re Blue Plains Wastewater Treatment Plant (EAB NPDES Appeal Nos. 03-01 and 03-02): petitions dismissed with prejudice
EPA Region III withdrew all NPDES permit conditions challenged by the District of Columbia Water and Sewer Authority, Friends of the Earth, and Sierra Club in two appeals concerning the Blue Plains Wastewater Treatment Plant permit. Because no contested permit provisions remained, Region III and…
Prairie Materials Sales Inc.
Default judgment left in place
Prairie Materials sought Commission review of an administrative law judge's default judgment for the Secretary of Labor. The company had not answered the Secretary's penalty petition or responded to a show cause order within the required time. Its later letter discussed the merits of the citation…
United States, Department of Veterans Affairs Medical Center, Leavenworth, Kansas (Respondent) and National Federation of Government Employees, Local 1765 (Charging Party)
Leavenworth VA Medical Center and Local 1765 (FLRA DE-CA-01-1043): Nurse reassignment required bargaining
The Leavenworth VA Medical Center reassigned two registered nurses from a unit without first notifying their union or bargaining. An administrative law judge had dismissed the complaint, finding the effect of the changes too small to require bargaining. The Authority reversed that finding because…
American Federation of Government Employees, National Council of HUD Locals 222, AFL-CIO (Union) and United States, Department of Housing and Urban Development, Washington, D.C. (Agency)
AFGE HUD Council 222 and HUD (FLRA 0-AR-3811): Telework grievance denial upheld
A HUD union official who spent all her official time on representational duties applied to telework. HUD denied the request and ended similar arrangements at other offices. An arbitrator denied the union's grievances, and the Authority upheld the award. It concluded that the statute authorizing…
J S Sand & Gravel, Inc.
Three reopening requests denied, one remanded
J S Sand & Gravel asked the Commission to reopen four penalty assessments that had become final after the company did not timely contest them. The Commission denied reopening for three assessments because the requests came more than one year after the orders became final and the company gave no…
APAC-Mississippi, Inc.
One citation dismissed, one settled, order affirmed
APAC-Mississippi operated a sand and gravel pit and was cited after an inspection involving a dredge walkway and a truck scale. The judge dismissed the walkway citation because the evidence did not establish that the ladder was a regularly used travelway. The parties settled the truck-scale…
Jim Walter Resources, Inc.
Motions to exclude evidence and enforce settlement denied
Jim Walter Resources contested ventilation-related citations and orders at its No. 5 and No. 7 Mines, while the Secretary sought civil penalties for alleged Mine Act violations. Judge David F. Barbour allowed post-citation investigation materials and testimony to remain available because they could…
DeWayne Herren
Reopening request remanded for good-cause review
DeWayne Herren asked to reopen a final penalty assessment for alleged section 110(c) violations, stating that inadvertence, mistake, or misunderstanding kept him from defending against them. The Secretary asked for a remand so both sides could present evidence and legal arguments about reopening…
Darwin Stratton & Son, Inc.
Reopening denied for lack of new evidence
Darwin Stratton asked the Commission to reopen three final penalty proceedings after an earlier judge found that MSHA had jurisdiction and that the operator refused an authorized inspection entry. The operator invoked Rule 60(b)(2), but did not describe or provide newly discovered evidence, explain…
AJ Crushing & Concrete, LLC.
Reopening request remanded for good-cause review
AJ Crushing asked the Commission to reopen two penalty assessments after the 30-day contest period had passed. The company supplied no documentation or grounds for reopening, and the Secretary said more information was needed before taking a position. The Commission remanded the matter to the Chief…
Indeck-Niles Energy Center
In re Indeck-Niles Energy Center (EAB PSD Appeal No. 04-01): permit review denied
The Michigan Department of Environmental Quality issued a PSD permit for Indeck-Niles Energy Center, a proposed natural-gas-fired electric generating facility in Niles, Michigan. Douglas Meeusen challenged the permit, focusing on combustion-turbine startup and shutdown emissions and the…
United States, Department of Justice, Federal Bureau of Prisons, United States Penitentiary, Terre Haute, Indiana (Agency) and American Federation of Government Employees, Local 720, Council of Prison Locals, Council 33 (Union)
Terre Haute penitentiary and AFGE Local 720 (FLRA O-AR-3487): Overtime recovery period remanded
Employees at the Terre Haute penitentiary performed compensable tasks before and after their shifts. An arbitrator awarded backpay and liquidated damages but limited recovery to the date the union filed its grievance. The Authority held that the Fair Labor Standards Act's recovery periods…
Carlota Copper Company
In re Carlota Copper Company (EAB NPDES Appeal Nos. 00-23 and 02-06): permit review denied
Carlota Copper Company sought an NPDES permit for a proposed open-pit copper mine near Miami, Arizona, with discharges to impaired Pinto Creek. Petitioners argued that the permit failed to regulate some mine-related discharges, would violate Arizona water-quality and antidegradation requirements…
In re L-K-, Respondent
Adjustment vacated and asylum claim remanded
The Board reviewed an Immigration Judge's grant of adjustment of status to a Ukrainian citizen who had entered as a nonimmigrant visitor and later filed for asylum. The Board held that her nonimmigrant status had expired and that the later referral of her asylum application to the Immigration Court…
Suttles Truck Leasing, Inc.
Seven violations affirmed with reduced penalties
Suttles washed tank trailers that had carried hazardous chemicals, and employees sometimes entered the washed tanks for inspection or residue removal. The Commission held that the tanks remained permit-required confined spaces after washing because the washing process was part of the company's…
Arcadian Corporation
Willful reactor-safety violation affirmed after explosion
A pressurized urea reactor exploded at Arcadian's fertilizer plant after corrosive material breached its stainless steel liner and damaged the load-bearing carbon steel layers. The Commission found that Arcadian and its industry recognized the danger of continuing to operate a leaking reactor and…
Social Security Administration, New York, New York (Agency) and American Federation of Government Employees, Local 3369 (Union)
SSA New York and AFGE Local 3369 (FLRA 0-AR-3837): Union travel payments upheld
SSA's New York region stopped paying travel and per diem expenses for local union officials performing representational duties outside the local's area. An arbitrator found that the labor agreement preserved that longstanding payment practice and that SSA's unilateral decision repudiated the…
United States, Department of Defense, Defense Contract Audit Agency, Irving, Texas (Agency) and American Federation of Government Employees, Local 3529 (Union)
Defense Contract Audit Agency and AFGE Local 3529 (FLRA 0-AR-3830): Snowstorm leave award upheld
After a snowstorm closed the Defense Contract Audit Agency's Dallas offices, the agency reopened them late the next morning. Employees who did not report that day were charged annual leave or credit hours, while those who reported received administrative leave for the delayed opening. An arbitrator…
United States, Department of Veterans Affairs Medical Center, Detroit, Michigan (Agency) and American Federation of Government Employees, Local 933 (Union)
Detroit VA Medical Center and AFGE Local 933 (FLRA 0-AR-3797): Reassignment awards returned for clarification
A Detroit VA operating room technician was detailed to another position and then kept there indefinitely. An arbitrator found the extended reassignment to be improper discipline and ordered the employee returned to the operating room with backpay and partial attorney fees. The Authority rejected…
Defense Security Assistance Development Center (Agency) and American Federation of Government Employees, Local 2004 (Union)
Defense Security Assistance Development Center and AFGE Local 2004 (FLRA 0-AR-3609): Priority consideration remedy upheld
An arbitrator found that the agency had improperly passed over three employees for promotion. The Authority previously set aside the arbitrator's retroactive promotion and backpay remedy because the record did not establish that those employees would have been selected without the violation. On…
Granite Construction Company
Welder-lug citation affirmed with $60 penalty
Granite Construction operated a sand and gravel mine and was cited after an inspector found exposed energized welder lugs inside a maintenance truck. The judge found that the condition was potentially dangerous, that the cited standard gave adequate notice, and that the operator should have found…
Jan Five Corp. d/b/a Alexandra Construction
Three willful steel-erection violations affirmed
Alexandra Construction was the general contractor on a high school project where a 55-foot steel column fell after its modified anchor bolts pulled out. Before steel erection began, Alexandra failed to give the erector written notice that the concrete had adequate strength and that anchor-bolt…
Epernay Design and Construction, LLC
Willful anchor-bolt violation affirmed after column collapse
Epernay was the concrete and foundation subcontractor on a high school project where a 55-foot steel column fell shortly after being detached from a crane. Epernay's crew had cut off and replaced anchor bolts without first obtaining the project structural engineer's approval, and all four modified…
United States, Department of Defense, Defense Finance and Accounting Service (Agency) and American Federation of Government Employees, Local 2510 (Union)
Defense Finance and Accounting Service and AFGE Local 2510 (FLRA 0-AR-3756): Attorney fee award reduced
An arbitrator overturned a 14-day suspension of an accounting technician who was also a local union president. He later awarded the union $74,700 in attorney fees and $1,978.48 in costs. The Authority agreed that attorney fees were warranted because the agency knew or should have known it would not…
Genesis HealthCare Corp. d/b/a Cooper River East Center
Needle-safety violations affirmed and sharps item vacated
Genesis operated a nursing home where an employee sustained a needlestick from a prefilled syringe that lacked a built-in guard. The judge found that nurses had used prefilled syringes without the required add-on needle guards and that Genesis could not show reliable annual training or records…
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.