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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National Association of Government Employees, Local R5-125 (Union) and United States, Department of the Navy, Supervisor of Shipbuilding, Conversion and Repair, Pascagoula, Mississippi (Agency)
NAGE Local R5-125 and Navy shipbuilding office (FLRA 0-AR-3717): Union exceptions denied
A Navy shipbuilding office in Pascagoula, Mississippi, and its employees' union disputed an arbitrator's award. The union challenged the award before the Authority. The Authority concluded that the union had not shown the award was deficient under the statutory standard and denied its exceptions…
National Air Traffic Controllers Association (Union) and United States, Department of Transportation, Federal Aviation Administration (Agency)
NATCA and FAA (FLRA 0-AR-3707): Union exception to arbitration award denied
The National Air Traffic Controllers Association challenged an arbitration award involving the Federal Aviation Administration. The union argued that the arbitrator had exceeded his authority. The Authority concluded that the union had not shown the award was deficient under the statutory standard…
Social Security Administration, Baltimore, Maryland (Agency) and American Federation of Government Employees (Petitioner/Labor Organization)
Social Security Administration security positions (FLRA WA-RP-90035): Six employees excluded from the bargaining unit
The Social Security Administration challenged a regional director's decision to include six security employees in a nationwide bargaining unit. The employees worked as physical security specialists and electronics technicians at facilities that support Social Security payments and records. The…
Cactus Canyon Quarries of Texas, Inc.
Interlocutory review denied
Cactus Canyon Quarries asked the Commission to review an Administrative Law Judge's refusal to certify an earlier order for interlocutory review in consolidated penalty proceedings. The Commission treated the filing as a petition for interlocutory review under its rules, but exercised its…
Nutone, Inc.
Crane and scissor-lift citations vacated
Two Nutone maintenance employees were injured when an overhead bridge crane struck and knocked over the elevated scissor lift from which they were working. The crane operator had disabled the crane's automatic audible and flashing warning system without the company's knowledge. The Secretary…
Diaz Corporation
Settlement approved with $7,950 in penalties
OSHA cited Diaz Corporation for eight alleged serious violations after inspecting a worksite in Waterville, Maine. During the hearing, the parties reached a settlement that the judge approved. The agreement withdrew one item, reclassified two items as other-than-serious, combined two…
American Federation of Government Employees, Local 1547 (Union) and United States, Department of Defense, Defense Commissary Agency, Luke Air Force Base, Arizona (Agency)
Luke Air Force Base commissary (FLRA 0-AR-3671): Late bargaining request did not block planned workforce reduction
The Defense Commissary Agency gave the union notice of a planned reduction in force at Luke Air Force Base. The union requested bargaining several months later, after the deadline in the parties' agreement, and challenged the agency's refusal to bargain. The arbitrator dismissed the grievance after…
United States, Department of Labor, Washington, D.C. (Agency) and American Federation of Government Employees, Local 12 (Union)
Department of Labor timekeeping system (FLRA 0-AR-3485): Arbitration award against mandatory software use upheld
The Department of Labor required employees on flexible work schedules to enter time records in new software, although the union contract provided for manual records. An arbitrator found that the mandatory change breached the contract, ordered the agency to restore the previous system, and later…
D & F Deep Mine Buck Drift
Issue preclusion applied in part
The Secretary argued that D & F Deep Mine Buck Drift could not relitigate whether it denied MSHA inspectors entry because related federal court cases had already decided those issues. Judge Michael E. Zielinski held that the January 30, 2002 denial of entry had been finally litigated and could not…
Daewoosa Samoa, Ltd.
Contest dismissed for failure to designate a representative
OSHA cited Daewoosa Samoa after inspecting its garment-manufacturing worksite in American Samoa, alleging serious, repeat, other-than-serious, and failure-to-abate violations. The company timely contested, and the proceeding was stayed while its president faced a related criminal trial. After the…
Independence Coal Company, Inc.
Pleadings amended to clarify penalty allegations
The Secretary sought to amend the charging documents against Independence Coal Company, Bill Burgette, and Greg Neil after MSHA issued more specific modifications. The respondents objected that the changes added a new issue after testimony had begun, would require additional discovery and…
National Treasury Employees Union (Union) and United States, Department of the Treasury, Internal Revenue Service, Washington, D.C. (Agency)
IRS temporary duty commutes (FLRA 0-NG-2667): Contract provision requiring extra commute pay rejected
The National Treasury Employees Union and the IRS disagreed about a contract provision for employees sent temporarily to another work site within their official duty station. Both sides understood the provision to require compensation when that assignment lengthened a normal commute. The Authority…
United States, Department of State (Agency) and American Federation of Government Employees, Local 1534 (Union)
State Department suspension grievance (FLRA 0-AR-3681): Attorney fee award set aside
A State Department employee served a three-day suspension and filed a grievance. The agency rescinded the suspension before arbitration, and the parties agreed that an administrative error had prevented any loss of pay or leave. The arbitrator nevertheless awarded attorney fees because the employee…
American Federation of Government Employees, Local 1546 (Union) and United States, Department of Defense, Defense Distribution Depot, San Joaquin (DDJC), Defense Logistics Agency, Tracy, California (Agency)
San Joaquin defense depot fire department (FLRA 0-AR-3552): Staffing and selection grievances remain denied
The union challenged fire prevention staffing at a Defense Logistics Agency depot and the selection process for two fire department positions. The arbitrator denied both grievances, finding that he could not order a staffing level and that the contract gave the union a different remedy when the…
John R. Frisco (deceased) v. Consolidation Coal Company
Frisco v. Consolidation Coal (BRB 02-0766): Attorney fee interest runs from the original award
John Frisco's black lung benefits award was affirmed in an earlier appeal, but his lawyer's fee was paid years after it was first awarded. The administrative law judge ordered Consolidation Coal to pay interest on the fee from November 9, 1988, to the payment date of December 20, 1993. The Board…
U.S. Steel Mining Co., LLC
Injury-reporting citation vacated
A U.S. Steel miner reported that he struck his head at the Pinnacle Preparation Plant and later experienced a severe headache, shortness of breath, and high blood pressure. The company did not submit an occupational-injury report because managers concluded that the evidence did not establish that…
United States, Department of the Interior, Bureau of Reclamation, Grand Coulee Power (Project) Office, Grand Coulee, Washington (Respondent) and Patrick J. Runnels, an Individual (Charging Party) and Columbia Basin Trades Council (Union/Intervenor)
Grand Coulee proposed suspension (FLRA SF-CA-02-0301): Unfair labor practice complaint dismissed
A Bureau of Reclamation employee facing a proposed seven-day suspension hired an attorney who had not been approved by the union. The agency refused to recognize the attorney under its agreement with the union. The General Counsel alleged that this interfered with the employee's statutory right to…
Cougar Coal Company, Inc. and Leslie B. Combs, employed by Cougar Coal Company, Inc.
Cougar Coal Company, Inc. and Leslie B. Combs (FMSHRC KENT 2000-133 and KENT 2000-277): Reporting violations found and remanded for penalties
Cougar Coal operated an underground coal mine where miner Paul Preece received a 7,200-volt shock, fell about 18 feet, and suffered head lacerations, serious burns, and a fractured neck vertebra. The Commission affirmed that Cougar's violation of the electrical-work standard was not unwarrantable…
United States, Department of Veterans Affairs, Medical Center, Sheridan, Wyoming (Respondent) and American Federation of Government Employees, Local 1219 (Charging Party)
Sheridan VA medical center patient admissions (FLRA DE-CA-01-0911): Bargaining complaint dismissed
A union alleged that the Sheridan VA medical center changed its psychiatric patient admission policy without giving employees' representatives notice and a chance to bargain. More patients requiring acute care entered Unit 8 after the center promoted its services. The Authority found that Unit 8…
Staz-On Roofing
Residential fall-protection violation affirmed
Staz-On Roofing employees, including a foreman, worked on a residential roof more than 30 feet above the ground without remaining tied off. The company argued that workers had to unhook to retrieve rolls of felt and that conventional or additional protection was infeasible or created a greater…
Coppell Construction Company, Inc.
Fall-protection citation vacated for lack of employer knowledge
A videotape showed two Coppell Construction employees near the unprotected edge of an automated people mover about 50 feet above the ground. One employee admitted briefly unclipping his lanyard to move around coworkers, while the evidence did not establish that the second employee was untied. The…
Social Security Administration (Agency) and American Federation of Government Employees, Local 2206 (Union)
Social Security Administration reprimand (FLRA 0-AR-3632): Order to remove reprimand upheld
A Social Security Administration claims representative received a written reprimand after a dispute with her supervisor about a portable television at work. The arbitrator found that the agency had not shown misconduct and had failed to give the employee a chance to respond before imposing…
United States, Department of Labor, Washington, D.C. (Agency) and American Federation of Government Employees, Local 12 (Union)
Department of Labor arbitration scheduling (FLRA 0-AR-3436): Union grievance allowed after unfair labor practice charge
The Department of Labor refused to schedule nine union grievances for arbitration unless the union also scheduled other cases in the backlog. The union first filed an unfair labor practice charge alleging repudiation of the contract, then filed a grievance alleging breach of the contract and a…
Austin Powder Company
Motion to amend explosive-material citation granted
Austin Powder Company was contesting a $340 civil penalty tied to the storage of contaminated Hydrox 503 at its Parsons Quarry in Tennessee. The Secretary asked to change the cited provision from the explosive-material rule to a rule covering waste or rags containing flammable or combustible…
Eddie M. Jeanlouis, Sr. v. Morton International
Safety warning protected in suspension case
Eddie M. Jeanlouis, Sr. worked as a loader operator at Morton International's Weeks Island salt mine. Morton suspended him for two weeks without pay after he warned a newer loader operator about unsafe operation, and the company said the conduct was intended to cause a work slowdown. Judge Jerold…
Navillus Tile, Inc., d/b/a Navillus Contracting
Settlement approved
OSHA issued Navillus Tile two citations alleging serious and repeat violations after inspecting a New York City worksite. During the hearing, the parties reached a complete settlement and later reduced it to a signed written stipulation. The judge approved and incorporated the settlement, but the…
American Federation of Government Employees, Local 1858 (Union) and United States, Department of the Army, Army Missile Command, Redstone Arsenal, Alabama (Agency)
Redstone Arsenal promotion grievance (FLRA 0-AR-3658): Back pay claim remains denied
An Army engineering technician sought back pay for years during which he said he performed duties above his assigned grade before a promotion. The arbitrator denied the grievance because the employee held a lower-graded position during the period claimed. The Authority denied the union's…
United States, Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. (Respondent) and American Federation of Government Employees, AFL-CIO and National Joint Council of Food Inspection, Locals, AFGE (Charging Parties)
Food Inspection Service union communications (FLRA WA-CA-01-0181): Complaint dismissed as untimely
The Food Safety and Inspection Service was accused of bypassing union representatives when a manager emailed bargaining unit employees about a food inspection program. An administrative law judge dismissed the complaint as too late and also found no violation on the merits. The Authority upheld…
Donohue Industries, Inc.
Spot-welder grounding citation vacated for lack of knowledge
A Donohue Industries electrician returned a portable spot welder to service without connecting its grounding wire, and a millwright was later fatally electrocuted while using it at the paper mill. The Commission reviewed the item alleging that Donohue failed to ground the welder. It found that…
Oberdorfer Industries, Inc.
Foundry citations partly affirmed and partly vacated
Oberdorfer operated an aluminum foundry that OSHA inspected under a local emphasis program for primary-metal industries. The Commission vacated the no-smoking-sign and explosion-proof-wiring items because the Secretary did not perform the testing her expert said was needed to establish dangerous…
United States, Department of the Army, Corps of Engineers, Northwestern Division, Portland District, Portland, Oregon (Agency) and United Power Trades Organization (Union)
Portland Corps of Engineers training positions (FLRA 0-AR-3601): Order to fill two positions stands
The United Power Trades Organization grieved the Corps of Engineers' failure to fill two training positions required by their agreement. An arbitrator found that the agency had breached and repudiated the agreement, and ordered it to fill both posts. The agency argued that the award intruded on its…
American Federation of Government Employees, Local 2703 (Union) and United States, Department of Transportation, Federal Aviation Administration, Silver Spring, Maryland (Agency)
FAA computer specialists' pay (FLRA 0-AR-3570): Special rate grievance remains denied
AFGE Local 2703 sought a governmentwide special salary rate for FAA computer specialists in the bargaining unit. An arbitrator denied its grievance, finding that the FAA's personnel system did not automatically adopt later federal pay adjustments. The union argued that the award conflicted with FAA…
United States, Department of Transportation, National Highway Traffic Safety, Administration (Agency) and American Federation of Government Employees, Local 3313 (Union)
Highway Traffic Safety Administration reassignment (FLRA 0-AR-3416): Reconsideration denied
An arbitrator found that the National Highway Traffic Safety Administration's reassignment of an employee was a prohibited personnel practice. The Authority overturned that ruling because the arbitrator had not found a violation of a law, rule, or regulation implementing or directly concerning…
Martin County Coal Corporation and Geo/Environmental Associates
Citations vacated after slurry-impoundment case
Martin County Coal Corporation and Geo/Environmental Associates faced citations concerning an approved slurry-impoundment plan and a weekly inspection report at the Big Branch impoundment. The Secretary alleged that the operator failed to redirect slurry as required by the approved plan and that…
Margaret E. Sturgill (widow of Henry E. Sturgill) v. Old Ben Coal Company
Sturgill v. Old Ben Coal (BRB 02-0874): Widow's benefits claim returned for new evidence review
Margaret Sturgill sought survivor's black lung benefits after the death of her husband, Henry, a former coal miner. The administrative law judge awarded benefits after treating an earlier finding of pneumoconiosis in Henry's own claim as binding on the employer. The Board held that the earlier…
United States, Department of the Air Force, Air Force Materiel Command, Wright-Patterson Air Force Base, Ohio (Agency) and American Federation of Government Employees, Local 1138 (Union)
Wright-Patterson program manager pay (FLRA 0-AR-3647): Temporary promotion award set aside
An Air Force employee served as an acting program manager while remaining at a GS-12 pay grade. An arbitrator ordered temporary GS-13 pay, finding that the employee had performed higher-grade duties. The Air Force argued that the award improperly decided how the position should be classified. The…
Concrete Aggregates, LLC
EAJA fee application denied
Concrete Aggregates, LLC prevailed in an underlying Mine Act discrimination proceeding after it terminated superintendent John G. Muehlenbeck for leaving the quarry without permission. The company then sought attorney fees and expenses under the Equal Access to Justice Act, arguing that the…
Brooks Well Servicing, Inc.
Snubbing-rig emergency-egress citation vacated
Brooks Well Servicing employees were assisting a specialized snubbing operation at an active oil and gas well when a blowout and explosion killed seven people. OSHA alleged that Brooks failed to provide adequate emergency escape from the elevated snubbing rig. The Commission held that the exit…
Capeway Roofing Systems, Inc.
Seven roofing violations and $111,800 affirmed
Capeway Roofing installed roofing on a firehouse with four roof levels and was cited for head protection, fall protection, monitoring, training, material storage, and defective safety equipment. The Commission found that any error in allowing two OSHA witnesses to remain in the courtroom despite a…
Graymont Western U.S., Inc.
Discrimination-related penalty settled
Graymont Western U.S., Inc. faced a civil penalty proceeding related to a prior finding that it violated the Mine Act by terminating James Womack in a discrimination case. The Secretary initially sought a $12,000 penalty and later moved to approve a settlement that reduced the penalty to $5,000…
Twentymile Coal Company
Late review petition accepted
Twentymile Coal Company sought review of an Administrative Law Judge decision after its petition for discretionary review was delivered to the Commission late. The company had mailed the petition by overnight delivery, but the carrier attempted delivery to the wrong address and did not alert…
Secretary of Labor on behalf of Charles Scott Howard v. Cave Spur Coal, LLC, Panther Mining, LLC, and Black Mountain Resources, LLC
Discrimination complaint dismissed
Charles Scott Howard alleged that Panther Mining and related companies fired him because he had raised ventilation and other health and safety concerns at the Cave Spur mine. Judge Gary Melick found that the decision-maker knew about Howard’s protected activity, but found no persuasive evidence of…
James Womack v. Graymont Western US
Discrimination matter settled and dismissed
James Womack brought a discrimination complaint against Graymont Western US after his employment was terminated. An earlier liability decision found that the termination violated section 105(c) of the Mine Act. The parties later agreed to settle the matter, and the settlement terms were kept…
Pension Benefit Guaranty Corporation (Respondent) and National Association of Government Employees, Local R3-77 (Charging Party)
Pension Benefit Guaranty Corporation office changes (FLRA WA-CA-00602): Bargaining violation found
The Pension Benefit Guaranty Corporation realigned an auditing function and moved two employees' offices while union proposals remained pending. An administrative law judge had dismissed the union's unfair labor practice complaint. The Authority reversed that result, finding that the agency had not…
American Federation of Government Employees, Local 2004 (Union) and United States, Department of Defense, Defense Logistics Agency, Defense Distribution Center, Defense Distribution Depot, Susquehanna, Pennsylvania (Agency)
Susquehanna defense depot arbitration (FLRA 0-AR-3640): Union exceptions denied
AFGE Local 2004 challenged an arbitration award involving a Defense Logistics Agency depot in Pennsylvania. The agency argued that the union's exceptions were late because part of the award had been faxed before the full award was mailed. The Authority found the exceptions timely: the fax contained…
United States, Department of the Air Force, 6th Air Mobility Wing, MacDill Air Force Base, Florida (Respondent) and American Federation of Government Employees, Local 153 (Charging Party)
MacDill Air Force Base reinstatement (FLRA AT-CA-01-0851): Back pay start date corrected
An arbitrator ordered MacDill Air Force Base to reinstate an employee within two pay periods, but the Air Force treated that period as a limit on how long it had to search for a position. An administrative law judge found that the base failed to implement the award and committed an unfair labor…
United States, Department of the Treasury, Internal Revenue Service (Agency) and National Treasury Employees Union, Chapter 66 (Union)
IRS union representatives' official time (FLRA 0-AR-3506): Grievance award stands
NTEU Chapter 66 challenged the IRS's denial of official time and bank time to union representatives. An arbitrator found that the IRS had violated their agreement on several dates, but rejected the union's unfair labor practice claim. The IRS argued that the award improperly limited its right to…
Professional Airways, Systems Specialists (Union) and United States, Department of Transportation, Federal Aviation Administration, Washington, D.C. (Agency)
FAA inspection delegation proposals (FLRA 0-NG-2684): Union petition dismissed
The union proposed eight linked rules for FAA aviation safety inspectors who disagreed with delegating inspection work to outside designees. The rules would require forms, a national database, accident reports, and adjustments to safety statistics used in potential employee pay increases. The…
American Federation of Government Employees, AFL-CIO, Local 2206 (Union) and Social Security Administration, Southeastern Program Service Center, Birmingham, Alabama (Agency)
SSA career ladder promotions (FLRA 0-AR-3631): Denial of grievance stands
Four Social Security Administration benefit authorizer trainees were not promoted from GS-7 to GS-9 after a year, although they received within-grade raises. Their union argued that successful evaluations and time in grade entitled them to career ladder promotions. An arbitrator found that the…
United States, Department of the Air Force, Air Force Material Command, Ogden Air Logistics Center, Hill Air Force Base, Utah (Agency) and American Federation of Government Employees, Local 1592 (Union)
Hill Air Force Base performance appraisal (FLRA O-AR-3652): Rating remedy changed
A Hill Air Force Base employee challenged an appraisal made under a GS-11 performance plan although she held a GS-9 position. The arbitrator found that the agency used the wrong plan and ordered a higher rating and an adjustment to her monetary award. The Authority agreed that the appraisal was…
United States, Department of the Air Force, Luke Air Force Base, Arizona (Respondent) and American Federation of Government Employees, Local 1547, AFL-CIO (Charging Party)
Luke Air Force Base EEO mediation (FLRA DE-CA-01-0876): Union notice order affirmed
Luke Air Force Base held discussions about mediation of an employee's formal equal employment opportunity complaint without notifying his union or allowing it to attend. An administrative law judge found that the discussions were formal discussions covered by the union's statutory representation…
United States, Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Marianna, Florida (Respondent) and American Federation of Government Employees, Local 4036 (Charging Party/Union)
Marianna prison staffing award (FLRA AT-CA-01-0037): Noncompliance complaint dismissed
An earlier arbitration award told the federal prison in Marianna to leave correctional officer posts vacant only for good cause, rather than routinely for administrative convenience. The union later alleged that the prison had failed to comply with that award, and an administrative law judge…
Black Butte Coal Company
Late penalty proposal did not require dismissal
Black Butte Coal Company contested a citation issued after a fatal haulage-truck accident at its Black Butte and Leucite Hills Mine in Wyoming. The company asked the Commission to dismiss the case because the Secretary of Labor took 13 months to propose a civil penalty. The Commission granted…
Lakeland Enterprises of Rhinelander, Inc.
Willful trench violation and $50,200 affirmed
A Lakeland employee worked at the bottom of an 18-foot excavation without a ladder or cave-in protection while a part-owner continued operating a backhoe nearby. The judge found that the trench walls were inadequately sloped in Type C soil with pockets of Type B soil and that loose soil was visibly…
Association of Civilian Technicians, Puerto Rico Army Chapter (Union) and United States, Department of Defense, National Guard Bureau, Puerto Rico National Guard, San Juan, Puerto Rico (Agency)
Puerto Rico National Guard leave cancellation costs (FLRA 0-NG-2519): Reconsideration denied
The union sought reconsideration of an Authority decision rejecting a contract provision that would reimburse Puerto Rico National Guard technicians for losses caused by canceled leave. It argued that the Authority had misapplied spending law and failed to analyze whether the provision was an…
Cave Spur Coal Company, LLC, Panther Mining, LLC, and Black Mountain Resources, LLC
Additional service ordered during solicitor's absence
The Secretary of Labor brought a discrimination proceeding on behalf of Charles Scott Howard against Cave Spur Coal, Panther Mining, and Black Mountain Resources. The Secretary's Nashville counsel reported that he would be on extended vacation and otherwise engaged from August 11 through September…
American Federation of Government Employees, Council 170, Local 2128 (Union) and United States, Department of Defense, Defense Contract Management Agency, District West, Hurst, Texas (Agency)
Defense Contract Management Agency reconsideration (FLRA 0-AR-3555): Union motion denied
AFGE Council 170, Local 2128 asked the Authority to reconsider an earlier decision involving the Defense Contract Management Agency. The union said that the Authority had misinterpreted the federal labor relations statute. The Authority found that the motion simply disagreed with its earlier…
Western Industrial, Inc.
Unsafe scaffolding access violation affirmed
Western Industrial Insulating installed insulation and sheet metal at a cement plant using scaffolding around a vertical cyclone. An MSHA inspector found that workers had to cross a 15-inch gap, pass through closely spaced rails, and crouch under an I-beam to reach an elevated platform. The…
In re R-S-H- et al., Respondents
Protective-order breach barred discretionary relief
The Board reviewed a family’s appeal from an Immigration Judge’s removal order. The Immigration Judge found the respondents removable and denied asylum, withholding of removal, and voluntary departure after determining that the lead respondent had violated a protective order by disclosing protected…
American Gilsonite Company
Motion to amend penalty petition denied
MSHA cited American Gilsonite Company for failing to store explosives so that the oldest stocks would be used first. After the company answered the penalty petition and disposed of the explosives, the Secretary sought to amend the case to allege that the explosives were damaged or deteriorated and…
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.