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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Homer City Coal Processing Corp.
Conveyor-belt violation affirmed, S&S finding rejected
Homer City Coal Processing Corp. operated a coal-processing plant in Pennsylvania. An MSHA inspector found frozen conveyor-belt rollers, coal material, flat spots, and two warm rollers, and cited the company under 30 C.F.R. § 77.404(a), which requires machinery and equipment to be maintained in…
Lewis Mechanical & Iron Works, Inc.
Willful fall violation affirmed with reduced penalty
Lewis Mechanical & Iron Works, Inc. installed crane rails while employees walked steel beams more than 30 feet above the ground without tying off. The judge held that installing the crane rails was not steel erection because the structural beams were already in place, so the cited general…
Jose Quinones v. H.B. Zachery, Incorporated and Insurance Company of the State of Pennsylvania
Quinones v. H.B. Zachery (BRB 97-0688): room and board included in disability wage calculation
Jose Quinones worked as a masonry foreman for H.B. Zachery at an Army base in the Marshall Islands and developed back pain after work involving heavy materials. The judge awarded permanent total disability benefits and included the value of his employer provided room and board when calculating…
Deborah M. Kilburn v. Colonial Sugars and Aetna Casualty & Surety Company
Kilburn v. Colonial Sugars (BRB 97-0672): incidental wharf equipment work does not establish maritime employment
Todd Kilburn worked mainly on sugar refining machines at Colonial Sugars and died from a heart attack at work. His widow sought Longshore Act death benefits, arguing that his occasional repairs to equipment used in loading or unloading vessels made him a maritime employee. The judge found that…
Schoolcraft Construction, Inc.
In re Schoolcraft Construction, Inc. (EAB CAA Appeal No. 97-1): liability determination reversed and remanded for further proceedings
Schoolcraft provided consulting and coordination services for asbestos abatement and broader renovation work at an Ohio elementary school. EPA Region 5 alleged five Clean Air Act asbestos NESHAP violations and sought a $20,000 penalty. The Presiding Officer dismissed the complaint with prejudice…
U.S. Department of Veterans Affairs, Medical Center, Baltimore, Maryland and American Federation of Government Employees, Local 1923
Baltimore VA Medical Center and AFGE Local 1923 (FLRA 0-AR-3003): agency arbitration exceptions denied
The Baltimore VA Medical Center challenged an arbitration award involving AFGE Local 1923. 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…
Jason D. Redmond v. Sea Ray Boats and Crawford and Company
Redmond v. Sea Ray Boats (BRB 97-1117A): state compensation settlement does not bar Longshore claim
Jason Redmond injured his back and shoulder while assembling a recreational boat at Sea Ray Boats. He settled a state workers' compensation claim with the temporary employment agency that placed him at Sea Ray, without Sea Ray's approval. The judge ruled that the settlement barred his Longshore Act…
Olympia Drywall Company
Stairway and landing guardrail violations affirmed, $400 penalty
Olympia Drywall was a sheetrock subcontractor at a construction site in Austin, Texas. During an October 1996 inspection, OSHA found that the stairways its workers used to reach the second and third floors of a building lacked stairrails on one or both sides and had completely unguarded landings…
Weight Watchers Gourmet Food Co., Inc.
Amended order approves settlement
Weight Watchers Gourmet Food Co., Inc. operated a food preparation, packaging, and sales business. OSHA issued one citation alleging four serious violations with $5,625 in proposed penalties. The parties reached a written settlement at the hearing, and the judge approved it under the Commission's…
American Federation of Government Employees, Local 1897 and U.S. Department of the Air Force, Eglin Air Force Base, Florida
Eglin Air Force Base and AFGE Local 1897 (FLRA 0-AR-2926): union arbitration exceptions denied
AFGE Local 1897 challenged an arbitration award involving Eglin Air Force Base. 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 and denied the exceptions…
Consolidation Coal Company
Motion to dismiss compensation complaint denied
Local 1702, District 31, UMWA filed a compensation complaint on behalf of miners against Consolidation Coal Company. The company argued that the complaint had been served 153 days after it was filed and moved to dismiss. Judge Gary Melick applied Commission rules and Federal Rule of Civil Procedure…
Pontiki Coal Corporation
Discrimination settlement approved
The Secretary of Labor brought a discrimination complaint on behalf of Charles H. Dixon, Bernard Evans, Richard Glover, Edgar Oldham, Mark March, Don Riley, Charles Johnson, and eleven unnamed employees of Pontiki Coal Corporation. The Secretary also sought a $1,500 civil penalty. Judge Gary Melick…
C.W. Sprenger
Tag-line violation affirmed after one item settled
C.W. Sprenger erected a multi-story building in Maplewood, New Jersey. The parties settled item 1, and the judge approved that agreement without reproducing its terms. The remaining item alleged that a steel beam was hoisted near two connectors working about 30 feet high without a tag line to…
L.M.A. Construction Corp.
Fire-protection violations affirmed after fatal store fire
L.M.A. Construction Corp. was the general contractor renovating a church building that also contained retail space in Manhattan. OSHA inspected after an arsonist set fire to a clothing store in the building and blocked its exit; seven store employees died from smoke inhalation. The building's…
Rail Link Incorporated
Protective-order motion denied
The Secretary of Labor asked to prevent Rail Link Incorporated from deposing two MSHA district officials in a civil penalty case involving the agency's jurisdiction over Rail Link's operations. Judge Richard W. Manning held that questions about the facts supporting MSHA's jurisdiction could lead to…
Zaclon, Inc.
In re Zaclon, Inc. (EAB RCRA (3008) Appeal No. 96-1): dismissal reversed and case remanded for penalty
EPA Region V appealed an Initial Decision that dismissed its complaint against Zaclon, Inc. under the Paperwork Reduction Act. The complaint alleged that Zaclon failed to submit a RCRA part B post-closure permit application or equivalency demonstration for a closed waste pile at its Cleveland, Ohio…
Island Creek Coal Company
Methane reporting violation upheld and penalty remanded
Island Creek Coal Company operated the Ohio No. 11 underground coal mine. A continuous miner cut through a core drill hole and released pressurized methane into a working section. Island Creek did not immediately report the incident to MSHA, although inspectors later measured methane at explosive…
In re E-L-H- et al., Respondents
In re E-L-H- et al. (BIA ID 3345): certified precedent remained binding
The Board considered the government's motion to reconsider a prior ruling that had granted asylum and withholding of deportation to the respondents. The government argued that the Board could not rely on a precedent that had been certified to the Attorney General for review. The Board held that a…
In re Sidney Michel, Respondent
In re Sidney Michel (BIA ID 3335): remanded for waiver and adjustment applications
The Board reviewed a Haitian respondent’s appeal from an Immigration Judge’s removal order. The respondent had been convicted of burglary and grand theft, had an approved immediate-relative visa petition from his U.S. citizen father, and was not represented at the hearing. The Board held that the…
Donald Sketoe v. Dolphin Titan International and Exxon Company, U.S.A.
Sketoe v. Dolphin Titan and Exxon (BRB 97-0623A): Exxon not liable as drilling contractor
Donald Sketoe injured his hand while working on an offshore drilling crew for Dolphin Titan. Dolphin Titan and its insurer later became insolvent, so Sketoe sought benefits from Exxon as a general contractor under the Longshore Act. The Board majority upheld the judge's finding that Exxon did not…
U.S. Food and Drug Administration, Northeast and Mid-Atlantic Regions and American Federation of Government Employees, AFL-CIO, Council No. 242
FDA Northeast and Mid-Atlantic Regions and AFGE Council 242 (FLRA BN-CA-50168): separate-contract demand unlawful
AFGE Council 242 represented FDA employees in New York and Newark as one bargaining unit. After an agency reorganization put the offices in different regions, FDA insisted on negotiating separate agreements for each office. An administrative law judge dismissed the union's complaint, but the…
National Association of Government Employees, Local R14-23 and U.S. Department of Defense, Defense Commissary Agency, White Sands Missile Range, New Mexico
NAGE Local R14-23 and Defense Commissary Agency (FLRA 0-AR-3015): award upheld and fee remand denied
NAGE Local R14-23 challenged an arbitration award involving the Defense Commissary Agency at White Sands Missile Range. The agency did not oppose the union's exceptions. The Authority found no ground under section 7122(a) for setting aside the award and denied the exceptions. It also refused to…
American Federation of Government Employees, Council 214 and U.S. Department of the Air Force, Air Force Materiel Command, Wright-Patterson Air Force Base, Ohio
AFGE Council 214 and Air Force Materiel Command (FLRA 0-AR-3014): arbitration exceptions denied
AFGE Council 214 challenged an arbitration award involving the Air Force Materiel Command at Wright-Patterson Air Force Base. The agency opposed the union's exceptions. The Authority reviewed the challenges under the statutory grounds for finding an arbitration award deficient and found that none…
American Federation of Government Employees, Local 3599 and U.S. Equal Employment Opportunity Commission, Memphis District Office
AFGE Local 3599 and EEOC Memphis District Office (FLRA 0-AR-2998): arbitration exceptions denied
AFGE Local 3599 challenged an arbitration award involving the EEOC's Memphis District Office. The Authority reviewed the union's exceptions under the statutory grounds for finding an award deficient. It found that the union had not established any of those grounds and denied the exceptions, leaving…
American Federation of Government Employees, Local 2904 and Marine Corps Reserve Support Command, Kansas City, Missouri
AFGE Local 2904 and Marine Corps Reserve Support Command (FLRA 0-AR-2991): arbitration exceptions denied
AFGE Local 2904 challenged an arbitration award involving the Marine Corps Reserve Support Command in Kansas City. The Authority found no ground under section 7122(a) for setting aside the award and denied the exceptions. It did not consider the union's unsolicited supplemental response because the…
National Association of Government Employees, Local R5-136 and U.S. Department of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, South Carolina
NAGE Local R5-136 and VA medical center (FLRA 0-AR-2947): arbitration exceptions denied
NAGE Local R5-136 challenged an arbitration award involving the VA's Ralph H. Johnson Medical Center in Charleston. The agency opposed the exceptions. The Authority applied the statutory grounds for finding an award deficient and concluded that none of the union's objections established a defect…
Tom Sperry
Discrimination complaint dismissed
Tom Sperry alleged that Granite Construction terminated him in retaliation for complaining about the lack of drinking water at the Whitehill Sand and Gravel Pit. Judge Richard W. Manning held that the complaint about potable water was protected activity under section 105(c) of the Mine Act. He…
Tilden Mining Company, L.C.
Crusher citations split and $559 penalty assessed
Tilden Mining Company operated an iron mine where employees worked around a clogged primary crusher. The judge approved a settlement modifying one citation and vacating another, vacated an imminent-danger order that was not promptly reduced to writing, and affirmed one fall-protection citation…
Phoenix Area Indian Health Service, Owyhee Service Unit and Native American Health Care Local 1386, LIUNA, AFL-CIO
Owyhee Indian Health Service unit and Local 1386 (FLRA DE-CU-60002): detailed employees remain in unit
The Shoshone-Paiute Tribes took over operation of the Owyhee hospital, where Indian Health Service employees continued working under special purpose assignments. A regional director removed those employees from the bargaining units, finding that they were no longer employed by a federal agency. The…
Phoenix Area Indian Health Service, Sacaton Service Unit, Hu Hu Kam Memorial Hospital and Southwest Native American Health Care Employees, Local 1386, LIUNA, AFL-CIO
Hu Hu Kam Memorial Hospital and Local 1386 (FLRA DE-CU-50069): detailed employees remain in unit
The Gila River Indian Community took over operation of Hu Hu Kam Memorial Hospital and retained many Indian Health Service employees on special purpose assignments. A regional director found that the employees had left federal agency employment and that their bargaining unit was no longer…
Department of Veterans Affairs Medical Center, Muskogee, Oklahoma and American Federation of Government Employees, Local 2250
VA Medical Center, Muskogee and AFGE Local 2250 (FLRA DA-CA-50700): official-time practice restored
AFGE Local 2250 representatives at the Muskogee VA Medical Center had used official time for years to attend EEO hearings on behalf of the bargaining unit. The medical center stopped allowing the practice and charged the union president three and one-half hours of absence without official leave…
Gilka Rosenthal v. Statistica, Incorporated
Rosenthal v. Statistica (BRB 97-0805): private business trip falls outside Defense Base Act coverage
Jules Rosenthal managed work for Statistica under a State Department technology contract and also worked on the company's private sales. He died in a road accident in Spain while returning from a business trip to Andorra for Statistica's private venture. His widow sought Defense Base Act death…
Thomas Ring v. I.T.O. Corporation of Virginia
Ring v. I.T.O. Corporation of Virginia (BRB 97-0678): timely modification request cannot reopen legal error
Thomas Ring received permanent total disability compensation after a leg injury while working as a longshoreman. He later sought to change an employer credit for container royalty and vacation payments, relying on a subsequent Board ruling. The judge rejected his request as too late and outside the…
American Federation of Government Employees, Local 1858 and U.S. Department of the Army, U.S. Army Space and Strategic Defense Command, Huntsville, Alabama
AFGE Local 1858 and Army Space Command (FLRA 0-AR-2981): arbitration exceptions denied
AFGE Local 1858 challenged an arbitration award involving the Army Space and Strategic Defense Command in Huntsville. The agency opposed the union's exceptions. The Authority concluded that the union had shown no ground under section 7122(a) for finding the award deficient and denied the…
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…
American Federation of State, County and Municipal Employees, Local 1418 and United States Information Agency
AFSCME Local 1418 and USIA (FLRA 0-NG-2272): back-pay proposal appeal dismissed as moot
AFSCME Local 1418 asked the Authority to decide whether USIA had to bargain over a proposal for back pay after employee wages were frozen from 1989 to 1994. An interest arbitrator had already ordered lump-sum payments to compensate employees for past wage disparities, using the agency's proposal as…
National Air Traffic Controllers Association, MEBA/NMU, AFL-CIO and U.S. Department of Transportation, Federal Aviation Administration
Air Traffic Controllers Association and FAA (FLRA 0-AR-2960): arbitration exceptions denied
The National Air Traffic Controllers Association challenged an arbitration award involving the Federal Aviation Administration. The FAA opposed the union's exceptions. The Authority found no ground under section 7122(a) for finding the award deficient and denied the exceptions, leaving the award in…
Brian P. Powers and Martin C. Castleton v. Sea Ray Boats, Incorporated and Crawford and Company
Powers and Castleton v. Sea Ray Boats (BRB 97-0705): yacht fixtures count toward coverage length
Brian Powers and Martin Castleton were injured while building recreational yachts for Sea Ray Boats. Their Longshore Act coverage depended on whether Sea Ray's largest yacht was shorter than the 65 foot limit for the recreational vessel exclusion. Two judges counted the attached bow pulpit and swim…
National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration
Air Traffic Controllers Association and FAA (FLRA 0-AR-2965): promotion grievance award upheld
An FAA selecting official removed an air traffic controller from a promotion list after investigating an altercation in which the controller threatened a coworker. An arbitrator denied the controller's grievance, and the union challenged the award. The Authority held that the parties' stipulation…
Brian Codd v. Stevedoring Services of America and South Stevedoring
Codd v. Stevedoring Services of America (BRB 97-0608): fee award remanded after employer lacked response time
Brian Codd received disability awards for injuries sustained while working for Stevedoring Services of America and South Stevedoring. The Labor Department's Director asked to disqualify the judge because he had represented one employer in an older, separate claim involving Codd. The Board upheld…
U.S. Department of Veterans Affairs, Western New York Healthcare System, Buffalo, New York and Service Employees International Union, Local 200-C
VA Western New York and SEIU Local 200-C (FLRA 0-AR-3009): agency exception denied
The VA's Western New York Healthcare System challenged an arbitration award involving SEIU Local 200-C. The union did not oppose the agency's exception. The Authority reviewed the challenge under the statutory grounds for finding an arbitration award deficient and concluded that the agency had…
National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut
NAGE Local R1-109 and VA Newington (FLRA 0-AR-2909): supplemental award upheld
NAGE Local R1-109 challenged a supplemental arbitration award involving the VA Medical Center in Newington. The agency argued that defects in the union's service of its exceptions required dismissal. The Authority considered the exceptions because the agency received them, filed a timely…
Social Security Administration, Office of Hearings and Appeals and American Federation of Government Employees, Local 3615
SSA Office of Hearings and Appeals and AFGE Local 3615 (FLRA 0-AR-2875): agency exceptions denied
The Social Security Administration's Office of Hearings and Appeals challenged an arbitration award involving AFGE Local 3615. The union opposed the agency's exceptions. The Authority reviewed the case under the statutory grounds for finding an arbitration award deficient and found that the agency…
Dallas Delay v. Jones Washington Stevedoring Company
Delay v. Jones Washington Stevedoring (BRB 97-0691): new job evidence must be considered on modification
Dallas Delay injured his shoulder while working as a delasher for Jones Washington Stevedoring. A judge awarded temporary and permanent total disability benefits after finding that the injury was work related and that Delay could not return to his usual longshore jobs. The Board upheld those…
Indian Health Service, Crownpoint Comprehensive Health Care Facility, Crownpoint, New Mexico and Navajo Nation Health Care Employees, Local 1376
IHS Crownpoint and Navajo Nation Health Care Employees (FLRA DE-CA-60209): schedule change violated bargaining duty
The Indian Health Service changed laboratory technicians' schedules at its Crownpoint health facility to operate the laboratory around the clock. Navajo Nation Health Care Employees Local 1376 requested bargaining, but management implemented the new schedules after a meeting the judge found was…
U.S. Army Reserve Command, 88th Regional Support Command, Fort Snelling, Minnesota and American Federation of Government Employees, Locals 2144 and 1882
Army Reserve Command and AFGE Locals 2144 and 1882 (FLRA CH-RP-70044): certification change petition dismissed
AFGE Local 2144 petitioned to replace Local 1882 on the certification for an Army Reserve Command bargaining unit at Fort Snelling. A regional director granted the change after finding that the members' vote met affiliation procedures. The Authority reversed because the petition was filed by Local…
Malouf Construction Corporation
Excavation inspection citation vacated
Malouf Construction Corporation was the general contractor for a large office complex in Clinton, Mississippi. A plumbing subcontractor dug a six-foot excavation and allowed employees to enter without an inspection by a competent person. The judge found that the inspection requirement was violated…
Seabed Harvesting, Inc.
Diving violations affirmed with reduced penalties
Seabed Harvesting, Inc. conducted commercial geoduck diving from the vessel Lauri Ann near Bainbridge Island, Washington. The tender recorded bottom time but did not maintain a written depth-time profile, although the divers used computers that stored depth and decompression information. The judge…
Virginia International Terminals, Inc.
Forklift seat-belt citation dismissed
Virginia International Terminals, Inc. did not require operators to use seat belts on forklifts equipped with them. OSHA cited the company under the general duty clause after an operator drove a forklift off a loading ramp, was ejected or jumped, and later died from her injuries. The judge found…
Johnson Masonry, Inc.
Fees allowed after cited regulation was deleted
Johnson Masonry, Inc. sought fees and expenses under the Equal Access to Justice Act after OSHA withdrew a citation. An earlier order denied the application, and the company asked the judge to reopen the record or award costs incurred after the cited regulation was deleted on August 12, 1996. The…
Extra Energy, Inc.
Contractor equipment and reporting violations affirmed
Extra Energy operated a surface coal mine and hired a security contractor whose guard, Melvin Brian Day Jr., died from carbon monoxide poisoning in a car at the mine. The Commission held that Extra Energy could be cited for its contractor's unsafe vehicle condition because it had substantial…
Leeco, Incorporated
Discrimination complaint granted
Leeco, Incorporated discharged Ronald Maxey after he reported mine safety problems to MSHA. Judge Gary Melick found that the discharge was motivated by Maxey’s protected safety complaints and violated the Mine Act’s discrimination protection. The judge rejected Leeco’s account that the discharge…
Concrete Metal Forms, Inc.
Formwork violations affirmed after deck collapse
Concrete Metal Forms, Inc. designed and erected formwork for a new county jail in Alabama. During the third-level concrete pour, the deck collapsed and 22 employees were injured. CMF argued that the general contractor caused the collapse by directing an uneven pour despite CMF's warning. The judge…
Port Townsend Paper Corp.
In re Port Townsend Paper Corp. (EAB PSD Appeal Nos. 97-13, 97-14): appeals dismissed
Port Townsend Paper Company and Rebound each petitioned the EAB to review a PSD permit approved by Washington's Department of Ecology and EPA Region X. Port Townsend withdrew its petition as untimely, while Rebound's petition did not show that it had commented on the draft permit or participated in…
Tidewater Virginia Federal Employees Metal Trades Council and U.S. Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia
Tidewater Metal Trades Council and Norfolk Naval Shipyard (FLRA 0-AR-2847): reduction-in-force award upheld
Norfolk Naval Shipyard separated marine machinery mechanics during a reduction in force while retaining employees in positions that required nuclear training and certification. A three-arbitrator panel found that the separated employees had no right to compete for or retreat to the nuclear…
In re O-D-, Respondent
In re O-D- (BIA ID 3334): counterfeit identity documents undermined asylum claim
The Board reviewed a Mauritanian respondent’s appeal from the denial of asylum and withholding of deportation. The respondent submitted an identity card and birth certificate that forensic experts found to be counterfeit or probably counterfeit, and the Board found that he did not explain or rebut…
Georges Colliers Incorporated
Order to show cause for incomplete penalty petition
The Secretary of Labor filed a civil penalty petition against Georges Colliers Incorporated for the Pollyanna No. 8 Mine. Chief Administrative Law Judge Paul Merlin found that the petition was incomplete because its exhibit did not include MSHA's assessment sheet identifying the contested…
Dietrich Industries, Inc.
Machine-guarding citation dismissed
A Dietrich Industries employee injured his finger while adjusting a stacker table as the steel-processing machine continued to run. Company procedure required shutting the machine off or placing it in a noncycling mode before making the adjustment. The employee said production needs sometimes…
Lukens Steel Company
Commission vacates PPE citation after withdrawal
The Secretary notified the Commission that he was withdrawing the only remaining item, a serious citation alleging a personal-protective-equipment violation. The notice stated that no other issues remained in the case. The Commission treated the notice as a motion and vacated the citation item and…
Defense Logistics Agency, Defense Supply Center Columbus, Ohio and American Federation of Government Employees and International Federation of Professional and Technical Engineers
Defense Supply Center Columbus and two unions (FLRA WA-RP-60071): specialists to vote on representation
After a Defense Logistics Agency supply center in Dayton closed, 212 specialists represented by AFGE moved to the Columbus center, where 198 similar specialists were represented by IFPTE. AFGE sought to place all specialists in its larger consolidated unit, but a regional director dismissed its…
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.