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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Dessau Brass, Inc.
Late contest dismissed despite OSHA inexperience and financial hardship
Dessau Brass received serious citations on December 10, 1998, but did not contest them until March 29, 1999, after OSHA sought overdue penalties. The company said it had corrected the conditions, was unfamiliar with OSHA, misunderstood the fifteen-day deadline, and would suffer financial hardship…
Capeway Roofing
Settlement reclassifies citation and sets $1,000 penalty
Capeway Roofing contested one serious citation arising from a December 1998 OSHA inspection. At the hearing, the parties announced a complete settlement and later submitted it in writing. Judge Ann Z. Cook approved the agreement, reclassified the item as a Section 17 violation, affirmed it as…
George Campbell Painting Corporation
Bridge fall violation reduced from willful to serious
A Campbell painter fell 35 feet from the Queensboro Bridge while maneuvering a heavy spray pump through a wall opening without tying off. The Commission allowed the Secretary's post-hearing amendment from guardrail standards to the fall-protection standard at § 1926.105(a) because Campbell had made…
American Federation of Government Employees, Local 4056 and Social Security Administration, Port Richey, Florida (Goggin, Arbitrator), Case No. 0-Ar-3208
SSA Port Richey (FLRA 0-AR-3208): union’s legal challenge to arbitration award denied
AFGE Local 4056 filed an exception to an arbitration award involving SSA in Port Richey, Florida. The Authority found no deficiency on the ground raised under section 7122(a). It cited precedent requiring an excepting party to establish that an award conflicts with the law, rule, or regulation…
U.S. Department of the Navy, Naval Undersea Warfare Center Division, Keyport, Washington and Bremerton Metal Trades Council
Navy Keyport (FLRA 0-AR-2982): permanent hazardous-waste-handler promotion upheld
A Navy hazardous waste handler sought a permanent promotion from WG-5 to WG-8. His department and division heads agreed to that promotion to settle the grievance, but personnel officials and the commander rejected it. An arbitrator enforced the settlement under an agreement allowing promotions for…
U.S. Department of Agriculture, Food Safety and Inspection Service, Washington, D.C. and National Joint Council of Food Inspection Locals, American Federation of Government Employees, AFL-CIO
Food Safety and Inspection Service (FLRA WA-CA-80531): suspension for union-meeting remark unlawful
FSIS suspended union vice president Charles Stanley Painter for five days after he used an obscenity toward a manager during a private labor-management meeting. The Authority upheld the ALJ’s finding that the remark remained protected union activity rather than flagrant misconduct. The credited…
B. A. Ward, Inc.
Default dismissal conditionally reopened after unserved show cause order
B. A. Ward timely contested one citation alleging serious violations of five construction standards and carrying $4,050 in proposed penalties, but its non-lawyer representative failed to answer the Secretary's complaint or keep the company informed. The chief judge dismissed the contest after a…
Aviation Constructors, Inc.
Willful excavation violation affirmed but penalty reduced
Aviation Constructors hired a subcontractor to install a shotcrete shoring system for a baggage-tunnel excavation at Atlanta's airport. The company knew a registered professional engineer had not approved the design, yet it allowed subcontractor employees to work for ten days in the excavation…
Federal Bureau of Prisons, Federal Correctional Institution, Bastrop, Texas and American Federation of Government Employees, Local 3828, AFL-CIO
Federal Correctional Institution, Bastrop (FLRA DA-CA-60254 and consolidated cases): restore inmate supervision practices pending bargaining
The Federal Correctional Institution in Bastrop changed when inmate work crews stayed in their housing units and how foremen released inmates for meals and afternoon recall. It announced the changes at formal employee discussions without giving AFGE Local 3828 notice or an opportunity to attend…
Ragnar Benson, Inc.
Floor-cover items vacated for lack of employer knowledge
An OSHA compliance officer found plywood covers over floor holes that were neither secured nor marked at a construction project where Ragnar Benson was the general contractor. On review, the Secretary abandoned the theory that Ragnar was liable solely through general-contractor control and relied…
Sproule Construction Co.
Discrimination settlement approved
Sproule Construction Co. was accused of unlawfully discharging miner Steven Shaffer after protected activity under section 105(c) of the Mine Act. At the hearing, the parties negotiated a settlement that required Sproule to pay Shaffer $2,000, expunge his personnel record, post a notice affirming…
American Federation of Government Employees, Local 3529 and U. S. Department of Defense, Defense Contract Audit Agency, Central Region, Irving, Texas
Defense Contract Audit Agency (FLRA 0-NG-2459): staffing-function transfer proposals outside bargaining
AFGE Local 3529 proposed expanding a planned transfer of personnel staffing functions from the Defense Contract Audit Agency to the Defense Finance and Accounting Service. One proposal covered all positions and the other covered all bargaining-unit positions, instead of only positions graded GS-12…
National Association of Government Employees, Local R3-10 and U.S. Department of Transportation, Federal Aviation Administration, Washington, D.C.
FAA air traffic assistants (FLRA 0-NG-2284): free personal travel proposal violates gift rules
NAGE Local R3-10 proposed allowing FAA air traffic assistants to take free airline cockpit familiarization trips. After a court remand, the Authority examined whether the proposal violated federal employee gift restrictions. The union had removed the proposal's training purpose, leaving free travel…
Association of Civilian Technicians, Delaware Chapter and U.S. Department of Defense, the Adjutant General, State of Delaware, Delaware National Guard, Wilmington, Delaware
Delaware National Guard (FLRA 0-AR-3201): union arbitration exceptions denied
The Association of Civilian Technicians, Delaware Chapter, challenged an arbitration award involving the Delaware National Guard. The Authority rejected the union's claims that the award rested on a nonfact or failed to draw its essence from the collective bargaining agreement. It found no…
Social Security Administration, Office of Hearings and Appeals, Orlando, Florida and American Federation of Government Employees, Local 3627
SSA Orlando (FLRA 0-AR-3162): vacating flawed promotions and priority consideration upheld
An SSA Orlando hearing office clerk challenged a selection process for five legal assistant promotions. An earlier Authority decision removed an automatic retroactive promotion and backpay remedy but left intact the finding that the process violated the collective bargaining agreement. On remand, a…
Target Industries, Inc.
Multiple fan violations affirmed and penalties assessed
Target Industries operated the Target No. 1 Mine, where MSHA cited ventilation and fan conditions across six consolidated dockets. Judge David Barbour found multiple violations involving fan signals, testing, continuous operation, methane ventilation, and withdrawal of miners, and found several…
Association of Civilian Technicians, Old Hickory Chapter and U.S. Department of Defense, North Carolina National Guard Bureau, Raleigh, North Carolina
North Carolina National Guard (FLRA 0-NG-2457): official-time lobbying provision disapproved
The Association of Civilian Technicians, Old Hickory Chapter, sought official time to lobby Congress about pending or desired legislation affecting represented employees. The Authority upheld the agency head's disapproval because the provision conflicted with the 1998 Defense Appropriations Act's…
U.S. Department of Veteran Affairs, Medical Center, Boston, Massachusetts and American Federation of Government Employees, Local 2143
VA Boston Medical Center (FLRA 0-AR-3200): agency nonfact exception denied
The VA Boston Medical Center challenged an arbitration award involving AFGE Local 2143. The Authority rejected the agency's claim that the award was based on a nonfact. Its review standard does not permit a challenge to a factual matter disputed at arbitration and requires a clearly erroneous…
American Federation of Government Employees, Council 236 and General Services Administration, Auburn, Washington
GSA Auburn (FLRA 0-AR-3196): union arbitration exceptions denied
AFGE Council 236 challenged an arbitration award involving the General Services Administration in Auburn, Washington. The Authority found no deficiency in the union's challenges concerning procedural arbitrability, alleged nonfacts, or the arbitrator's interpretation of the collective bargaining…
U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of NOAA Corps Operations, Atlantic Marine Center, Norfolk, Virginia and International Brotherhood of Electrical Workers
NOAA Atlantic Marine Center (FLRA 0-AR-3041): standby-pay recovery period and damages remanded
NOAA electronic technicians claimed unpaid standby time while serving aboard ships at sea. The Authority upheld the arbitrator's finding that the technicians qualified for standby compensation under the Fair Labor Standards Act because they had to remain aboard, limit their activities, and be ready…
Valley Caliche Products, Inc.
Two citations affirmed after fatality investigation
Valley Caliche Products operated the Beck Quarry, where MSHA cited an inadequate conveyor guard and accumulated material after investigating a fatality. Judge Avram Weisberger found both violations significant and substantial and assessed the operator's negligence as low for each. He affirmed both…
Belden Brick Co.
OSHA silica exposure calculation upheld
OSHA sampled six employees at Belden Brick's Ohio manufacturing facility and found exposure to respirable dust containing crystalline silica above the permissible limits. Belden argued that each calculated silica limit should be compared only with the pure silica portion of the dust sample, rather…
Ohio Cast Products, Inc.
Silica dust calculation and $8,000 penalty affirmed
Ohio Cast Products sampled an employee performing work with silica-containing sand and disputed OSHA's method for deciding whether his exposure exceeded the permissible limit. The company argued that the calculated limit should be compared only with the pure silica portion of the sample. The…
Associated Electric Corporation, Inc.
Review dismissed as moot
Associated Electric and MSHA jointly asked the Commission to dismiss a petition for discretionary review as moot. MSHA had vacated the citation and order after the Eighth Circuit held that the area involved was not a mine under section 3(h)(1) of the Mine Act. The Commission granted the motion…
Amparo Gonzalez (widow of Antonio Reyes) v. Merchants Building Maintenance and CNA Insurance Companies
Gonzalez v. Merchants Building Maintenance (BRB 98-1633): shipyard janitorial work fell outside coverage
Antonio Reyes cleaned restrooms and portable toilets at a shipyard, including bathrooms aboard ships. After his death, Amparo Gonzalez filed a death benefits claim tied to an earlier elbow injury at work. The Board held that the job did not qualify as maritime employment under the Longshore Act…
Illinois Power Company
Premature settlement approval vacated for union objections
The chief judge approved a settlement between the Secretary and Illinois Power before the full objection period had run for I.B.E.W. Local 51, the authorized employee representative. Commission rules added three days for service by mail and excluded weekends from the ten-day period. The union's…
Andrew T. Galle, deceased, v. Ingalls Shipbuilding, Incorporated
Galle v. Ingalls Shipbuilding (BRB 98-1635): medical award upheld after timely appeal
Andrew Galle’s widow Margaret continued his claim for care related to a work injury. The Board held that her motion to reconsider a medical expense ruling was timely because weekends were excluded from the ten day filing period, so her Board appeal could be heard. On the merits, it upheld payment…
Black Construction Corporation
Unprotected manhole trench affirmed for $500
Black Construction excavated a trench near Guam International Airport to replace a manhole and redirect a sewage pipe. An employee worked in a section measured at six and one-half feet deep without sloping, shoring, or another cave-in protective system. Judge Nancy J. Spies rejected the Secretary's…
Guam Top Builders, Inc.
Roof fall and short ladder-rail items affirmed
Guam Top Builders repaired typhoon-damaged condominium roofs about 18 feet above the ground. Employees worked near the roof edge without conventional fall protection while the person identified as safety monitor operated a forklift across the street, outside the required visual and speaking range…
Black Micro Corporation
Saipan airport excavation required cave-in protection
Black Micro excavated a 54-foot-long pit for taxiway construction at Saipan International Airport. Six employees worked in vertical walls five and one-half to six feet deep without sloping, shoring, or another protective system. Judge Nancy J. Spies excluded OSHA's soil sample because it was…
Malu Construction Co., and its successors
Jury-rigged scaffold items affirmed for $8,000
Malu called its framing workers independent subcontractors, but it supplied their scaffold and safety equipment, assigned their work, provided training, and retained authority to stop work. Judge Stanley M. Schwartz therefore treated them as Malu employees under the common-law control test. OSHA…
National Association of Government Employees, Local R5-188 and U.S. Department of the Air Force, Seymour Johnson Air Force Base, North Carolina
Seymour Johnson Air Force Base (FLRA 0-AR-3205): union agreement exception denied
NAGE Local R5-188 challenged an arbitration award involving Seymour Johnson Air Force Base. The Authority found that the union did not establish that the award failed to draw its essence from the collective bargaining agreement. It applied the established standards for an irrational, implausible…
American Federation of Government Employees, Local 12 and U.S. Department of Labor, Bureau of International Labor Affairs, National Administrative Office, Washington, D.C.
Labor Department National Administrative Office (FLRA 0-AR-3197): union exceptions denied
AFGE Local 12 challenged an arbitration award involving the Labor Department's Bureau of International Labor Affairs, National Administrative Office. The Authority rejected the union's nonfact and collective-agreement challenges under its established arbitration-review standards. It found no…
U.S. Department of Transportation, Federal Aviation Administration and National Air Traffic Controllers Association
FAA Boston air traffic center (FLRA 0-AR-3073): asbestos hazard pay and fees set aside
An arbitrator awarded asbestos hazard pay to air traffic controllers who worked in the Boston control room during an asbestos abatement project. The Authority found the award inconsistent with the FAA's existing hazard-pay rules and its longstanding interpretation that exposure caused by a…
U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916
Tinker Air Force Base (FLRA 0-AR-2888): union representative scheduling questions remanded
Tinker Air Force Base disputed paid official time claimed by a full-time union representative who also negotiated an agreement for Navy employees. The arbitrator found that the representative performed the required Air Force bargaining-unit work by adjusting his hours under an established practice…
In re Pedro RODRIGUEZ-RODRIGUEZ, Respondent
Child exposure treated as sexual abuse of a minor
The Board reviewed the Service's appeal from an Immigration Judge's decision terminating removal proceedings against Pedro Rodriguez-Rodriguez, a lawful permanent resident convicted in Texas of indecency with a child by exposure. The majority held that the offense qualifies as sexual abuse of a…
Cleveland Construction, Inc.
Skylight fall item reduced from willful to serious
Cleveland Construction supervised replacement of large skylight panels at a university building. OSHA videotaped the company superintendent and another worker next to an uncovered skylight opening 18 to 22 feet above the floor without fall protection. Judge Ken S. Welsch found the skylight standard…
North Pacific Enterprises
Unprotected 25-foot scaffold work affirmed for $525
Two North Pacific employees worked from a narrow board on a wooden scaffold more than 25 feet above a concrete parking lot without guardrails or personal fall protection. The company president had seen the same conduct the previous day but did not stop or discipline the workers, and the foreman…
Lehigh Coal & Navigation Co.
Compensation settlement approved
The United Mine Workers of America sought compensation for 25 members who were idled after a withdrawal order at Lehigh Coal and Navigation's No. 14 Preparation Plant. The parties settled, with Lehigh agreeing to pay the affected miners their usual 1998 rate for the November 19 through 23, 1998…
Durango Gravel
Discrimination finding affirmed
Durango Gravel operated a small sand and gravel pit in Colorado. After miner Clay Baier discussed highwall safety with MSHA inspectors, Durango terminated him, and an ALJ found that the termination violated Mine Act section 105(c). The Commission affirmed, finding substantial evidence that Baier's…
Newell Recycling Company, Inc.
In re Newell Recycling Company, Inc. (EAB TSCA Appeal No. 97-7): liability and $1.345 million penalty affirmed
Newell Recycling was responsible for PCB-contaminated soil that remained stockpiled at a Houston industrial facility for years. The Environmental Appeals Board considered whether the enforcement action was timely, whether the stockpiling was regulated disposal, whether Newell was the proper…
Mark Carlisle v. Bunge Corporation and Cigna Property and Casualty
Carlisle v. Bunge Corporation (BRB 98-1604): repetitive hand injuries support total disability
River operator Mark Carlisle developed carpal and cubital tunnel syndromes after years of repetitive hand and arm work, including extended use of joysticks and levers. The Board upheld the finding that the conditions were occupational diseases subject to the Act’s longer notice and filing periods…
D.W.K. Contractors, Inc.
Trench-depth item vacated but spoil-pile violation affirmed
D.W.K. dug a trench to install a rainwater drain and placed excavated soil directly at both edges. OSHA measured one wall at eight and one-half feet by measuring from the top of the spoil pile, but Judge Covette Rooney held that trench depth must be measured from original ground level and OSHA had…
Island Creek Coal Company
Settlement approved and citation modified
MSHA alleged that Island Creek Coal Company violated the mine roof-control standard at Ohio No. 11 Mine and proposed an $8,000 penalty. The parties settled after the hearing, with Island Creek agreeing to pay $3,000. Judge Jacqueline R. Bulluck approved the settlement, directed MSHA to modify the…
ConAgra Soybean Processing Company
In re ConAgra Soybean Processing Company (EAB PSD Appeal Nos. 98-27 and 98-28): review denied with permit condition revised
ConAgra Soybean Processing Company sought a federal Prevention of Significant Deterioration permit for a soybean oil extraction plant in Indiana. Consolidated Grain and Barge Company and Valley Watch challenged the permit's treatment of ozone, particulate matter monitoring, PSD increment…
National Association of Government Employees, Local R4-45 and U.S. Department of Defense, Defense Commissary Agency, Langley Air Force Base, Virginia
Langley commissary (FLRA 0-AR-3113): appraisal upheld with employee-participation remedy
A Langley Air Force Base commissary checker challenged a fully successful performance rating. The arbitrator found that the agency violated the agreement by failing to encourage employee participation in performance planning, but found insufficient evidence that the checker deserved a higher…
Reading Anthracite Company
Temporary reinstatement restored pending Commission review
Reading Anthracite Company was involved in a Mine Act discrimination proceeding concerning Leonard Bernardyn, a haulage truck driver. The Administrative Law Judge dismissed the Secretary's complaint and dissolved Bernardyn's temporary reinstatement order. The Commission held that the order could…
Eric C. Hansen v. Caldwell Diving Company, Incorporated and Employer’s Insurance of Wausau
Hansen v. Caldwell Diving (BRB 98-1596): diver was excluded as a vessel crew member
Commercial diver Eric Hansen was injured while working aboard a barge installing underwater cable. He sought Longshore Act benefits, but the administrative law judge found he was part of the vessel’s crew. The Board affirmed because Hansen worked from the barge daily, his diving and equipment…
Groesbeck Masonry, Inc.
Scaffold decking, guardrail, and training items affirmed
Two Groesbeck Masonry employees washed an acid-cleaned brick wall from a scaffold 10 to 12 feet high while straddling two planks, without full decking or guardrails. A third employee dismantled the level above, but the workers had not been specifically trained to wait until the lower level was…
Rostosky Coal Company
Inspection-access violation affirmed with a $2,000 penalty
Rostosky Coal Company leased and operated the Stiteler Strip, a surface coal mine. The operator denied MSHA inspectors entry to conduct an inspection, tore up a citation, and continued refusing access after officials explained the legal requirement. Judge Jacqueline R. Bulluck found a violation of…
Murray Roofing Company, Inc.
Unsafe roof access and repeated fall violation affirmed
Six Murray Roofing employees reached a one-story roof by climbing a ladder to a canopy and then climbing the remaining three-foot elevation without a ladder or other safe access. OSHA also observed two roofers near an unprotected 15.5-foot edge after warning lines had been moved for membrane work…
U.S. Department of Veterans Affairs and National Association of Government Employees, AFL-CIO, SEIU
VA Connecticut Healthcare Systems (FLRA BN-RP-80051): vacant-position petition dismissed without prejudice
NAGE sought a ruling on the bargaining-unit status of a housekeeping work leader position connected to two employee grievances. The position became vacant, and the regional director dismissed the petition under the usual rule against deciding the status of vacant positions. The Authority granted…
Office and Professional Employees International Union, Local 268 and U.S. Department of Energy, Oak Ridge, Tennessee
Energy Department Oak Ridge (FLRA 0-AR-3160): buyout-withdrawal exceptions dismissed for lack of jurisdiction
An Energy Department employee sought to withdraw his buyout and early-retirement application after the agency decided not to issue reduction-in-force notices. An arbitrator found valid reasons for denying withdrawal, and the union challenged that award. The Authority dismissed the exceptions for…
National Association of Government Employees, Local R4-45 and U.S. Department of Defense, Defense Commissary Agency, Fort Lee, Virginia
Fort Lee commissary (FLRA 0-AR-3141): no constructive suspension shown
A Fort Lee commissary checker challenged a ten-day disciplinary suspension and an alleged separate three-day constructive suspension. The arbitrator reduced the disciplinary suspension to seven days but found that the checker had been scheduled to work during the disputed three-day period and…
Social Security Administration, Office of Hearings and Appeals, Mobile, Alabama and American Federation of Government Employees, Local 3627
SSA Mobile (FLRA 0-AR-3120): temporary promotions for higher-graded attorney work upheld
Two GS-12 attorney-advisors at SSA's Mobile hearing office claimed they performed GS-13 senior attorney duties for a year. The arbitrator found they spent at least 25 percent of their time on those duties, satisfying the parties' agreed threshold, and awarded retroactive temporary promotions and…
Sport Air Traffic Controllers Organization and U.S. Department of Air Force, Air Force Flight Test Center, Edwards Air Force Base, California
Edwards Air Force Base (FLRA 0-AR-3119): revised non-radar training settlement upheld
The Sport Air Traffic Controllers Organization challenged the Air Force's rescission of a settlement about non-radar training at Edwards Air Force Base. The arbitrator found that rescinding the entire settlement violated the collective bargaining agreement, but ordered it reinstated with bargaining…
In re Ahmad ALDABESHEH, Respondent
Concurrent sentences counted by longest term
The Board reviewed Ahmad Aldabesheh's appeal from a removal order based on New York convictions for first-degree criminal contempt and second-degree forgery. The Board held that the criminal-contempt conviction was a crime of violence and that the forgery conviction was an aggravated felony…
Hechinger Investment Company of Delaware, Inc., d/b/a Builders Square
Defective ladder-stand locks affirmed
OSHA inspected a Builders Square store after the manager failed to respond to a complaint about ladder-stand wheels. Six of about twelve rolling ladder stands moved when tested because their automatic caster locks did not hold them firmly in place. An employee was using a wobbly ten-step stand with…
National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration
FAA John Wayne Airport (FLRA 0-AR-3109): paid military-leave denial upheld
An FAA air traffic controller who served in the Marine Corps Reserve requested two weeks of paid military leave. The arbitrator found that the planned service was inactive duty and upheld the denial under the statute governing paid military leave at the time. The Authority denied the union's…
CAR-O-LIN
Two equipment citations affirmed with $50 in penalties
CAR-O-LIN operated a sand and gravel pit in Vermont. MSHA cited the operation after finding that a loader's backup alarm did not work and that a crusher's chain drive lacked a guard. Judge Avram Weisberger rejected the operator's arguments that the Mine Act did not apply to the site. He found both…
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.