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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In re Hugo Antonio FORTIZ-Zelaya, Respondent
In re Hugo Antonio FORTIZ-Zelaya (BIA ID 3340): pre-AEDPA waiver eligibility required remand
The Board reviewed an appeal by a lawful permanent resident of El Salvador who had been found deportable after convictions for receiving stolen property and malicious burning. The Board held that because the deportation proceedings began before the 1996 AEDPA amendments, the older sentence and…
Daanen & Janssen, Inc.
Braking and control violations affirmed
Daanen & Janssen operated a limestone quarry where a front-end loader ran through a berm and fell to the quarry floor, fatally injuring its operator. The Commission affirmed the judge's findings that the company violated requirements to maintain a loader's braking system and keep control of mobile…
In re M-D-, Respondent
In re M-D- (BIA ID 3339): corroboration was required for asylum claim
The Board reviewed a Mauritanian respondent's appeal from the denial of asylum and withholding of deportation. He testified that authorities detained him, subjected him to forced labor and beatings, expelled his family to Senegal, and later sent him to a refugee camp, but he provided no documents…
Ocean State Asbestos Removal, Inc.
In re Ocean State Asbestos Removal, Inc. (EAB CAA Appeal Nos. 97-2 and 97-5): liability affirmed and penalty increased
Ocean State Building Wrecking and Asbestos Removal, Inc. performed an asbestos renovation project in Rhode Island. EPA found that the company failed to keep regulated asbestos-containing material adequately wet during the work and until disposal. The presiding officer found liability, a high degree…
American Federation of Government Employees, Local 3310 and U.S. Department of the Army, Army Corps of Engineers, Waterways Experiment Station, Vicksburg, Mississippi
AFGE Local 3310 and Army Waterways Experiment Station (FLRA 0-AR-2972): attorney-fee request returned
An Army Waterways Experiment Station employee received a two-day suspension after several absences charged as absence without leave. The arbitrator upheld the charges for April 9 and 10 but found that the employee was entitled to leave on April 11 and 12. He reduced the suspension to a written…
Durango Gravel
Discrimination finding entered pending remedy
Durango Gravel operated a small sand and gravel pit in Colorado. Judge Richard W. Manning found that the Secretary established that Durango terminated Clay Baier at least in part because Baier engaged in protected safety activity involving a highwall. The judge rejected Durango's defense that Baier…
Glenn Sadler
Discrimination complaint dismissed
Glenn Sadler filed a Mine Act discrimination complaint about eight years after Jim Walter Resources terminated him for unexcused absences. Judge Jerold Feldman dismissed the complaint as untimely after Sadler failed to explain the delay or respond to an order to show cause. The judge also found…
Louis A. Dierzen d/b/a Dierzen Welding & Machine Company, Dierzen Machine Company, and Dierzen Trailer Corporation
Failure-to-abate and repeat spray-area violations affirmed by default
Dierzen ran a welding and machine shop in Newark, Illinois with about 12 employees. In March 1997, OSHA conducted a follow-up inspection to check whether earlier, uncontested violations had been fixed. The inspector found that explosion-proof electrical equipment for the paint spray area had been…
Ketchikan Pulp Company
In re Ketchikan Pulp Company (EAB CWA Appeal No. 96-6): appeal withdrawn and dismissed
EPA withdrew its appeal concerning Ketchikan Pulp Company after additional research into the matters that formed the basis of the appeal. EPA's counsel represented that continued pursuit was not a good use of the Board's or the respondent's time, and Ketchikan Pulp stipulated to the withdrawal. The…
Vincent Caserma v. Consolidated Edison Company
Caserma v. Consolidated Edison (BRB 97-0770): injury on floating power barge qualifies for Longshore coverage
Vincent Caserma injured his knee while repairing electrical generating equipment on a barge used by Consolidated Edison in New York Bay. The judge dismissed his Longshore Act claim, reasoning that the barge was a stationary platform rather than a vessel and that Caserma's work was not maritime…
Rock of Ages Corporation
$180,000 penalty reinstated after fatality remand
Rock of Ages Corporation was cited after a fatality at its Lite Side Quarry involving explosives and misfires. On remand from the Commission, Judge Jerold Feldman reconsidered the statutory penalty factors and reinstated a total civil penalty of $180,000 for four violations. The penalties were…
Global Stone Penroc, Inc.
Summary decision denied
Global Stone Penroc sought summary decision on six citations and orders involving electrical grounding, equipment access, and damaged steps. Judge Gary Melick found genuine disputes about whether pumps were grounded, whether equivalent protection existed, whether safe access was provided, and…
Umpqua Research Company
In re Umpqua Research Company (EAB FIFRA Appeal No. 97-7): $13,000 penalty affirmed
Umpqua Research Company sold MCV Iodinated Resin to Boeing and Hamilton Standard without a pesticide registration number and exported it to two Thai companies with English-only labels. Umpqua stipulated to the violations, so the hearing addressed only the penalty. The Presiding Officer assessed…
Department of the Interior, Bureau of Land Management, Sacramento and Ukiah District Office, California and National Federation of Federal Employees, Local 951
Bureau of Land Management and NFFE Local 951 (FLRA SF-RP-60044): union certification upheld without election
A Bureau of Land Management reorganization placed 58 employees represented by NFFE Local 951 together with 56 employees who had not been represented. The regional director certified the union for the resulting 114-employee unit without holding a new election. BLM argued that an election should be…
Air Force Flight Test Center, Edwards Air Force Base, California and American Federation of Government Employees, Local 1406
Edwards Air Force Base and AFGE Local 1406 (FLRA SF-CA-50924): suspension for protected union conduct rescinded
An Edwards Air Force Base employee met with his supervisor to request official time for union representation and became angry during the discussion. The base suspended him for one day over his conduct. The Authority agreed with the judge that his words and pointing a finger near the end of the…
Medusa Cement Company
Recusal denial affirmed
Medusa Cement Company sought interlocutory review after Judge Jerold Feldman denied its motion asking him to recuse himself from consolidated contest proceedings. The Commission affirmed the judge's order, concluding that the record did not establish the personal bias or other disqualification…
Federal Bureau of Prisons, Office of Internal Affairs, Washington, D.C. and Federal Correctional Institution Englewood, Littleton, Colorado and American Federation of Government Employees, Local 709
Bureau of Prisons and AFGE Local 709 (FLRA DE-CA-40870 and DE-CA-40937): union president's suspension unlawful
Two complaints arose from events involving the AFGE Local 709 president at a federal prison. Internal Affairs investigated an allegation that she threatened another employee after a union meeting; the Authority upheld dismissal of that complaint because the investigation focused on the alleged…
W. G. Kees Properties, Inc.
Eight construction safety items affirmed
W. G. Kees Properties, Inc. was cited for safety conditions at a construction site. The remaining allegations involved employees working without fall protection on a steep roof and second level, unsecured and insufficiently extended access ladders, and a stairway without required rail protection…
L & B Products, Corp.
Fifty manufacturing safety items affirmed
L & B Products, Corp. manufactured furniture at a facility in Hudson, New York. OSHA issued 51 serious and other-than-serious items after inspecting eight departments. The allegations covered elevated work areas, exit signs, flammable liquids, fire and lockout training, machine and power-press…
National Association of Government Employees, Local R14-23 and U.S. Department of Defense, Defense Commissary Agency, Kelly Air Force Base, Texas
Defense Commissary Agency and NAGE Local R14-23 (FLRA 0-NG-2369): light-duty proposal outside bargaining duty
A union at the Defense Commissary Agency proposed letting temporarily disabled employees decline light-duty work offered outside their regular tour. The union said different tours could conflict with family commitments, transportation, or other personal needs. The Authority held that giving…
National Federation of Federal Employees, Local 7 and U.S. Department of Agriculture, Office of Rural Development, Portland, Oregon
USDA Office of Rural Development and NFFE Local 7 (FLRA 0-NG-2339): office relocation proposals outside bargaining duty
The USDA Office of Rural Development planned to move two Oregon offices. The union proposed keeping the Madras office where it was and keeping another office in downtown Portland. The Authority rejected the union's claim that the proposals concerned negotiable methods or means of performing work…
National Federation of Federal Employees, Local 1437 and U.S. Department of the Army, Army Research, Development and Engineering Center, Picatinny Arsenal, New Jersey
Picatinny Arsenal and NFFE Local 1437 (FLRA 0-AR-3004): union challenge to arbitration award denied
NFFE Local 1437 challenged an arbitration award involving the Army Research, Development and Engineering Center at Picatinny Arsenal. The Authority reviewed the union's exceptions under the statutory grounds for setting aside an arbitration award. It concluded that the award was not deficient on…
U.S. Department of Labor and American Federation of Government Employees, Local 12
Department of Labor and AFGE Local 12 (FLRA 0-AR-2978): agency challenge to arbitration award denied
The Department of Labor challenged an arbitration award involving AFGE Local 12. The Authority reviewed the agency's exceptions under the statutory grounds for setting aside an arbitration award. It concluded that the award was not deficient on any ground the agency raised and denied the…
American Federation of Government Employees, Local 1858 and U.S. Department of the Army, U.S. Army Missile Command, Redstone Arsenal Support Activity, Redstone Arsenal, Alabama
AFGE Local 1858 and Redstone Arsenal Support Activity (FLRA 0-AR-2976): arbitration exceptions denied
AFGE Local 1858 challenged an arbitrator's award involving the Army's Redstone Arsenal Support Activity. The Authority reviewed the record and found that the union's exceptions established no ground under federal labor law to set the award aside. It denied the exceptions, leaving the award in…
National Federation of Federal Employees, Local 779 and U.S. Department of the Air Force, Sheppard Air Force Base, Texas
NFFE Local 779 and Sheppard Air Force Base (FLRA 0-AR-2970): arbitration exceptions denied
NFFE Local 779 challenged an arbitrator's award involving Sheppard Air Force Base. The Authority reviewed the record and found no defect under any ground the union raised in its exceptions. It denied the exceptions and left the award in place. The public decision does not explain the underlying…
U.S. Department of Veterans Affairs, Medical Center, Coatesville, Pennsylvania and National Association of Government Employees, Local R3-35
Coatesville VA Medical Center and NAGE Local R3-35 (FLRA 0-AR-2895): overtime remedy returned to arbitrator
A Coatesville VA Medical Center employee received a 14-day suspension for insubordination and disclosing confidential patient information. An arbitrator reduced it to two days and ordered enough overtime work to replace the pay lost during the other 12 days. The Authority held that this overtime…
National Treasury Employees Union and Federal Deposit Insurance Corporation
NTEU and FDIC (FLRA 0-AR-2826): overtime damages added, backpay period returned
The FDIC had treated bank examiners and liquidators as exempt from overtime pay under the Fair Labor Standards Act. The Authority upheld the arbitrator's finding that GG-11 and higher examiners met the professional exemption through their training and experience. For lower-grade examiners and…
U.S. Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington and American Federation of Government Employees, Local 48, Bremerton Metal Trades Council
Puget Sound Naval Shipyard and AFGE Local 48 (FLRA 0-AR-2807): temporary promotion award set aside
A WG-05 fabric worker at Puget Sound Naval Shipyard claimed he should have received higher pay for work performed alongside WG-09 employees. The parties asked the arbitrator whether he had performed WG-09 fabric worker duties during the specified period and, if so, what remedy was due. The…
American Federation of Government Employees, Local 3615, AFL-CIO and Jean-Claude Aumont
AFGE Local 3615 and Jean-Claude Aumont (FLRA WA-CO-50463): union ordered to represent nonmembers fairly
AFGE Local 3615 represented Social Security Administration employees in a grievance over analyst pay. It gave union members detailed instructions for joining the arbitration class but did not adequately inform nonmembers, and it refused to accept one nonmember's documents. The Authority affirmed…
Social Security Administration, Gilroy Branch Office, Gilroy, California and American Federation of Government Employees, Local 3172, AFL-CIO
SSA Gilroy Branch Office and AFGE Local 3172 (FLRA SF-CA-70046): Friday appointment change rescinded
The Social Security Administration's Gilroy office added disability and retirement appointments to claims representatives' Friday schedules without bargaining with AFGE Local 3172. A judge found that the permanent change affected workload, time for case work, lunch periods, and leave patterns…
Central Wayne Energy Recovery Limited Partnership
In re Central Wayne Energy Recovery Limited Partnership (EAB PSD Appeal No. 98-1): appeal dismissed as untimely
Sandra Yerman petitioned for review of a PSD permit issued for changes to a municipal waste incinerator in Dearborn Heights, Michigan. The Environmental Appeals Board calculated the filing deadline as December 29, 1997, including the additional three days for service by mail. The petition was…
In re Jesus Collado-Munoz, Respondent
In re Jesus Collado-Munoz (BIA ID 3333): returning resident treated under admission rules
The Board reviewed the Service’s appeal from an Immigration Judge’s termination of removal proceedings against a lawful permanent resident returning from a two-week visit to the Dominican Republic. The respondent had a prior conviction for sexual abuse of a minor, and the Immigration Judge applied…
U.S. Penitentiary, Florence, Colorado and American Federation of Government Employees, Local 1301
Florence Penitentiary and AFGE Local 1301 (FLRA DE-CA-50259): threats over overtime grievance barred
A supervisor at the federal penitentiary in Florence, Colorado, told union officials that pursuing an overtime claim could lead management to change employees' arrival and departure practices. An administrative law judge found that the statements could discourage employees and their representatives…
Macedos Construction Company, Inc.
Serious construction citation resolved by approved settlement
Macedos Construction was inspected at a construction site in Dover, New Jersey in October 1996. OSHA issued a serious citation alleging violations of five construction standards covering fall protection, concrete and masonry work, stairways, and ladders. Macedos contested the citation, and the case…
Sentrale Contracting Corp.
Repeat trench cave-in and spoil-pile violations affirmed
Sentrale Contracting was doing utility excavation at a conference center site in Armonk, New York. During a September 1996 inspection, an OSHA compliance officer found an employee working in a trench area that measured about 6.5 feet deep, with walls sloped far steeper than the 45 degrees allowed…
Association of Civilian Technicians, Mile High Chapter and U.S. Department of Defense, Colorado Air National Guard, 140th Fighter Wing
Colorado Air National Guard and ACT Mile High Chapter (FLRA 0-NG-2321): civilian-attire proposal outside bargaining duty
The union proposed allowing Colorado Air National Guard technicians to choose civilian clothes or military uniforms while on duty, subject to work and safety limits. The Guard argued that federal law required technicians to wear their uniforms. The Authority held that the Secretary's discretion to…
American Federation of Government Employees, Local 3627 and Social Security Administration, Office of Hearings and Appeals, Orlando, Florida
SSA Orlando hearings office and AFGE Local 3627 (FLRA 0-AR-2930): union arbitration exceptions denied
AFGE Local 3627 challenged an arbitration award involving the Social Security Administration's Orlando hearings office. The Authority found no ground in the union's exceptions for setting aside the award and denied them. A claim invoking 5 U.S.C. § 2302 was not considered because it had not been…
American Federation of Government Employees, Local 1857 and U.S. Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California
McClellan Air Force Base and AFGE Local 1857 (FLRA 0-AR-2841): shop-chief grievance remains nonarbitrable
Mechanics at McClellan Air Force Base objected to having small shop chiefs appraise their work. The union filed a grievance seeking to remove the appraisal duty from the chiefs' position descriptions. An arbitrator held that the grievance was not arbitrable because it effectively sought to change…
Gouverneur Talc Company
No violation found under the mine rescue apparatus rule
Gouverneur Talc Company operated an underground talc mine in New York. After a welder began sparking and producing smoke, four miners left the area and Fuller and Smith later went underground without self-contained breathing apparatus to shut off power. The Secretary alleged that this violated 30…
Emma Wyknenko v. Todd Pacific Shipyards Corporation and Fireman's Fund Insurance Company
Wyknenko v. Todd Pacific Shipyards (BRB 97-1023): unapproved settlement bars death and funeral benefits
Mike Wyknenko was exposed to asbestos while working as a shipyard pipefitter and later died from respiratory disease. His widow, Emma, settled a claim against an asbestos trust after his death without first obtaining the employer's written approval. A judge awarded death benefits that had accrued…
Milo Construction Corporation
Nine construction violations affirmed
Milo Construction Corporation was the prime contractor for construction at Sirena Plaza in Agana, Guam. After Milo failed to comply with discovery orders, the cited violations, their classifications, and Milo's knowledge were deemed admitted. The judge held Milo responsible for hazards involving…
American Federation of State, County and Municipal Employees, Local 2910 and Library of Congress
Library of Congress and AFSCME Local 2910 (FLRA 0-NG-2336): parking proposal negotiable, dissent-time proposal rejected
AFSCME Local 2910 proposed allocating Library of Congress parking spaces proportionately to employees in its bargaining unit. The Authority held that this was within the duty to bargain because it directly governed only unit employees' spaces, even though other employees might indirectly have fewer…
American Federation of Government Employees, Local 3627 and Social Security Administration, Office of Hearing and Appeals, Atlanta, Georgia
SSA Atlanta hearings office and AFGE Local 3627 (FLRA 0-AR-3037): union arbitration exceptions denied
AFGE Local 3627 challenged an arbitration award involving the Social Security Administration's Atlanta hearings office. The Authority reviewed the union's exceptions under the statutory grounds for setting aside an arbitration award. It concluded that the award was not deficient on any ground the…
U.S. Department of the Air Force, Warner Robins Air Logistics Center, Warner Robins Air Force Base, Georgia and American Federation of Government Employees, Local 987
Warner Robins Air Logistics Center and AFGE Local 987 (FLRA 0-AR-2946): employee move reversed pending bargaining
Warner Robins Air Logistics Center moved an employee to another machine shop to address a personal conflict and an EEO complaint. Her grade and pay stayed the same, but her work location and supervisor changed. An arbitrator held that the agency should first have bargained with the union over…
Rock of Ages Corporation
Three violations affirmed, fourth left standing by tie vote
Rock of Ages Corporation operated granite quarries, including the Smith Quarry. A channel-burning torch ignited unexploded pyrodex left in a blast hole, killing an employee. The Commission upheld the judge's findings on three explosives-safety standards and unwarrantable failure. On the section…
Norman Hargrove v. Strachan Shipping Company and George Insurance Insolvency Pool
Hargrove v. Strachan Shipping (BRB 97-0911): old claim remains open without approved settlement
Norman Hargrove injured his back while working for Strachan Shipping in 1971. He later received a payment and asked to withdraw his claim, but the payment was never approved as a settlement and the withdrawal was not valid. When Hargrove sought benefits again years later, the judge refused to…
American Federation of Government Employees, Local 31 and U.S. Department of Veterans Affairs, Cleveland Medical Center (Wade Park)
Cleveland VA Medical Center and AFGE Local 31 (FLRA 0-AR-2958): union arbitration exceptions denied
AFGE Local 31 challenged an arbitration award involving the Cleveland VA Medical Center's Wade Park facility. The Authority reviewed the union's exceptions under the statutory grounds for setting aside an arbitration award. It concluded that the award was not deficient on any ground the union…
In re A-E-M-, Respondent
In re A-E-M- (BIA ID 3338): changed Peru conditions defeated Shining Path fear
The Board reviewed Peruvian respondents' appeal from the denial of asylum and withholding of deportation. The primary respondent described political activity for APRA, threats connected to the Shining Path, and the deaths of relatives and friends, but the Board found that the record did not…
Tanoma Mining Company
Methane order affirmed and penalties modified
Tanoma Mining Company operated an underground coal mine in Pennsylvania. After methane levels above 4 percent were detected, the company evacuated the mine, shut off power except for fans, and notified MSHA. An inspector later measured methane concentrations from 2.4 percent to more than 5 percent…
Leeco, Incorporated
Discrimination penalty and reinstatement ordered
Leeco, Incorporated discharged Ronald Maxey after he made safety complaints to MSHA and caused inspections at the company’s No. 68 mine. Judge Gary Melick found that the discharge was intentional, violated the Mine Act’s discrimination protection, and was followed by an effort to create a false…
In re Y-B-, Respondent
In re Y-B- (BIA ID 3337): detailed corroboration was required for asylum
The Board reviewed a Mauritanian respondent's appeal from the denial of asylum and withholding of deportation. He testified that Mauritanian military personnel detained him, beat him, killed or separated family members, and forced him into Senegal, but the Board found his account too general and…
In re A-S-, Respondent
In re A-S- (BIA ID 3336): credibility findings supported denial of asylum
The Board reviewed a Bangladeshi respondent’s appeal from an Immigration Judge’s denial of asylum and withholding of deportation. The respondent claimed persecution because of his political affiliation, but the Immigration Judge found his testimony not credible because key dates and events differed…
U.S. Department of Housing and Urban Development, Denver, Colorado and American Federation of Government Employees, Local 3972
HUD Denver and AFGE Local 3972 (FLRA 0-AR-2885): union official's suspension rescinded
HUD suspended a Denver employee serving as a full-time union representative for five days after disputes over sign-in procedures, a phone card, and notice of union-related travel. An arbitrator sustained two grievances, rescinded the suspension, and awarded backpay. The Authority rejected HUD's…
American Federation of Government Employees, Local 3258 and U.S. Department of Housing and Urban Development, Boston, Massachusetts
HUD Boston and AFGE Local 3258 (FLRA 0-AR-2734): financial-disclosure grievance may proceed
HUD required certain Boston employees to file confidential financial disclosure reports, and the employees challenged their designation through the negotiated grievance procedure. An arbitrator ruled the grievance nonarbitrable because a government ethics regulation called the agency head's…
Webster Dudley Sand and Gravel, Inc.
Settlement motion denied
Webster Dudley Sand and Gravel faced a civil penalty proceeding at its Webster Plant. The Secretary asked the judge to approve a settlement under which the company would pay half the originally proposed penalty. Judge David Barbour denied the motion because it did not explain the facts supporting…
Island Creek Coal Company
Reporting violation penalty set on remand
Island Creek Coal Company failed to immediately report a methane escape from a core drill hole under 30 C.F.R. § 50.10. The Commission had already found that the failure to report violated the standard and remanded the case for a penalty assessment. On remand, Judge T. Todd Hodgdon found the…
Scandia Packaging Machinery Company
Late notice of contest dismissed, citation stands
Scandia Packaging Machinery Company received an OSHA citation on December 20, 1996, giving it until January 14, 1997 to file a notice of contest. The company did not object until April 3, 1997, when it wrote asking for an informal conference, so its contest was months late and the citation had…
Carmen Paliotta Contracting Co.
Settlement approved after hearing
Carmen Paliotta Contracting Co. performed construction and demolition work. OSHA issued one citation alleging three serious violations and another alleging three willful violations, with $158,900 in proposed penalties. After a three-day hearing, the parties reported that they had reached a written…
American Federation of Government Employees, Local 3310 and U.S. Army Corps of Engineers, Vicksburg District, Vicksburg, Mississippi
Vicksburg District and AFGE Local 3310 (FLRA 0-AR-2992): union arbitration exceptions denied
AFGE Local 3310 challenged an arbitration award involving the Army Corps of Engineers' Vicksburg District. The Authority reviewed the union's exceptions under the statutory grounds for setting aside an arbitration award. It concluded that the award was not deficient on any ground the union raised…
In re C-V-T-, Respondent
In re C-V-T- (BIA ID 3342): discretionary cancellation granted
The Board reviewed a Vietnamese respondent's appeal after an Immigration Judge denied cancellation of removal, asylum, and withholding of deportation. The respondent had entered the United States as a refugee, later became a lawful permanent resident, and had one controlled-substance conviction in…
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.