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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Bernard N. Wright v. Universal Maritime Service Corporation and Signal Mutual Company
Wright v. Universal Maritime Service (BRB 97-0346/97-0346S): additional disability benefits upheld
Bernard Wright injured a finger while working for Universal Maritime Service. His employer paid temporary total disability benefits but excluded vacation, holiday, and container royalty payments from the wage figure used to calculate them. The Board held that payments earned before the injury…
Buel P. Lester v. Mack Coal Company/West Virginia Coal-Workers' Pneumoconiosis Fund
Lester v. Mack Coal (BRB 96-1575): Reconsideration leaves payment responsibility open
Buel Lester was awarded black lung benefits, but Mack Coal disputed which operator should pay. On reconsideration, the Board again held that a corporate officer does not become a responsible operator merely because the company failed to insure its liability. It left open whether Robert Varney could…
National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut
VA Newington medical center (FLRA 0-NG-2276): sick-leave incentive proposal rejected
The Newington VA medical center had awarded four hours of administrative leave to employees who used no more than four hours of sick leave in a quarter. After the medical center ended that program, the union proposed keeping it. The Authority found the proposal outside the duty to bargain because…
Richard Duhagon v. Metropolitan Stevedore Company
Duhagon v. Metropolitan Stevedore (BRB 96-1785/96-1785A): additional benefits and witness fees denied
Richard Duhagon fell while working on a sugar ship for Metropolitan Stevedore, and the employer paid temporary disability benefits for his lip and chest injuries. He sought additional benefits, arguing that the fall had worsened an earlier back condition. The Board upheld the judge's finding that…
Gerald Jackson v. Universal Maritime Service Corporation and Signal Administration
Jackson v. Universal Maritime Service (BRB 96-1536): physician change sent back for explanation
Gerald Jackson was injured while working as a container repairman for Universal Maritime Service. His employer sought to replace his treating physician, and the district director ordered the change. The Board held that the district director, rather than an administrative law judge, has authority to…
Shintech, Inc.
In re Shintech, Inc. (EAB PSD Appeal No. 97-11): appeal dismissed for lack of jurisdiction
Fourteen organizations petitioned the EAB to review Louisiana's PSD permit for Shintech's proposed polyvinyl chloride production complex in Convent, Louisiana. The Board asked the petitioners to explain why it had jurisdiction, given that Louisiana was an approved state for PSD permitting. The…
In re Kanwaljit Singh, Respondent
In re Kanwaljit Singh (BIA ID 3324): exceptional circumstances supported reopening of an in absentia order
The Board reviewed a timely appeal from denial of a motion to reopen an in absentia deportation order. The respondent said that his stepson's illness caused him to arrive late for the hearing, and he submitted a signed affidavit describing the circumstances. The Board held that a precedent…
American Federation of Government Employees, Local 2437 and U.S. Department of Veterans Affairs, Medical Center, Dallas, Texas
AFGE Local 2437 at Dallas VA (FLRA DA-CO-60423): equal representation notice ordered
At a Dallas VA medical center orientation, an AFGE Local 2437 representative made statements suggesting that employees who did not pay union dues would receive lower-priority or poorer representation in workplace disputes. An administrative law judge found the statements could reasonably create…
U.S. Department of the Navy, Mare Island Naval Shipyard, Vallejo, California and Federal Employees Metal Trades Council, Local 217
Mare Island Naval Shipyard (FLRA 0-AR-2816): backpay reconsideration denied
An arbitrator ordered reinstatement and full backpay for a Mare Island shipyard employee separated during a reduction in force, then issued a supplemental award setting the amount. The Navy argued that another reduction in force would have ended the employee's backpay earlier. The Authority had…
Drexel Chemical Co.
Generic safety programs found inadequate
OSHA cited Drexel Chemical's manufacturing plant for permit-space, lockout, and material-storage violations. The Commission vacated the workplace-evaluation item because a qualified manager familiar with the plant had evaluated its spaces, and it vacated the warning-sign item because access was…
U.S. Department of Defense, Dependents Schools and Federal Education Association
DoD Dependents Schools and Federal Education Association (FLRA 0-AR-2780): teacher travel dispute returned for clarification
An arbitrator awarded renewal agreement and separation travel benefits to locally hired overseas teachers transferred beyond their commuting area but within the same geographical locality. The Defense Dependents Schools challenged the award because its travel regulations did not provide those…
Faith Coal Company
Multiple citation rulings affirmed, one issue remanded
Faith Coal Company operated the No. 15 Mine, an underground coal mine in Tennessee. The Commission affirmed findings involving unsupported roof, roof-control-plan violations, and sightline use, and it affirmed that the Secretary could not use a prior probation proceeding to establish the alleged…
Caterpillar, Inc.
Press-guarding violations affirmed as repeat and willful
Caterpillar employees frequently operated a 700-ton hydraulic press with its protective light curtain disabled, exposing them to a point-of-operation pinch hazard. The Commission classified that violation as repeated because an earlier final citation involved a substantially similar descending-ram…
Pentecost Contracting Corp.
EAJA fee application denied
Pentecost admitted willful excavation violations but successfully reduced proposed penalties from $105,000 to $42,000 by grouping related items at each trench. It then sought attorney's fees under the Equal Access to Justice Act. The Commission held that success on a significant penalty issue can…
BFW Construction Co.
Subsidiary remains eligible for EAJA fees
BFW Construction sought attorney's fees under the Equal Access to Justice Act after prevailing in an OSHRC matter. BFW's own net worth was below the $7 million eligibility ceiling, but its corporate parent exceeded that limit. The Commission decided that future cases should use a clearer rule…
Department of Veterans Affairs, Washington, D.C. and National Federation of Federal Employees, Council of Consolidated VA Locals
Veterans Affairs transit subsidy (FLRA WA-CA-20795): bargaining complaint dismissed
The National Federation of Federal Employees asked Veterans Affairs to bargain over a public transit subsidy for employees it represented. Veterans Affairs declined, and the union's charge led to an unfair labor practice complaint. The Authority agreed with the administrative law judge that the…
National Acoustics, Inc.
Housekeeping citation tossed, but electrical-hazard citations upheld against a demolition subcontractor
National Acoustics was a demolition and cleanup subcontractor on a hotel renovation in Chicago. OSHA inspected in August 1996 and issued a serious citation with three items: one for scrap lumber with protruding nails and other debris on the floor, and two for letting employees work close to live…
Contour Erection & Siding Systems, Inc.
Crane-overload citation vacated
Contour Erection used a crawler crane to lift a large roof truss at a sports arena when the boom and load collapsed to the floor without injuring anyone. OSHA alleged that the crane exceeded the manufacturer's load limits and cited two duplicative crane standards. The judge found that OSHA relied…
U.S. Department of the Treasury, Bureau of Engraving and Printing, Washington, D.C. and National Treasury Employees Union, Chapter 201
Bureau of Engraving and Printing (FLRA 0-AR-2743): appraisal partly returned for reevaluation
An employee at the Bureau of Engraving and Printing challenged her performance appraisal. An arbitrator found that management used shortcomings it had not raised with her during the appraisal period, contrary to the labor agreement, and ordered higher ratings and a performance award. The Authority…
In re J-J-, Applicant
In re J-J- (BIA ID 3323): untimely motions did not qualify for reopening exceptions
The Board reviewed a Liberian applicant's motions to reopen and reconsider an earlier denial of asylum and withholding of deportation. It held that the motions were untimely, that the changed-country-conditions exception did not apply because the new evidence did not materially change the…
G & C Foundry Company
Commission affirms silica engineering-control and formaldehyde-sampling citations against an iron foundry
G & C Foundry makes iron castings at a plant in Sandusky, Ohio, using induction furnaces that must be relined with silica every two weeks. OSHA measured workers relining the furnaces at up to 24 times the permissible silica dust limit and cited the company for failing to use feasible administrative…
City of Port St. Joe and Florida Coast Paper Company
In re City of Port St. Joe and Florida Coast Paper Company (EAB NPDES Appeal Nos. 94-8 and 94-9): permit review denied in part and remanded in part
The City of Port St. Joe owned and operated an industrial wastewater treatment plant that received most of its influent from a local pulp and paper mill. The City and Florida Coast Paper Company challenged EPA Region IV's classification of the plant as a publicly owned treatment works and contested…
Tidewater Virginia Federal Employees Metal Trades Council and U.S. Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia
Norfolk Naval Shipyard (FLRA 0-AR-2919): interest added to overtime award
An arbitrator found that Norfolk Naval Shipyard wrongly denied an employee overtime work and awarded 30 hours of overtime pay. The union argued that the employee should receive more hours and interest on the backpay. The Authority left the 30-hour calculation in place because the number of hours…
In re L-S-J-, Applicant
In re L-S-J- (BIA ID 3322): robbery conviction barred asylum and withholding
The Board reviewed a Haitian applicant's appeal after an Immigration Judge pretermitted his applications for asylum and withholding of deportation. The applicant had been convicted of robbery with a handgun and sentenced to two and one-half years in prison, and he had also entered a cocaine plea…
Norma H. Hite v. Eastern Associated Coal Company
Hite v. Eastern Associated Coal (BRB 96-1584): Adult child's benefit increase reconsidered
Norma Hite received black lung survivor benefits after her miner husband's death and sought an increased payment for their disabled adult daughter. A judge denied the increase because the daughter's disability had not begun before she stopped attending college. The Board held that the rule for…
V & W Construction & Service Co.
Trench violation affirmed with reduced penalty
V & W Construction was replacing an underground oil-water separator at a National Guard base. After the company removed the trench shoring, employees entered the nine-foot-deep excavation even though soil was sloughing from the walls and no protective system remained. The judge rejected claims that…
CF Motorfreight, Inc.
Late notice of contest dismissed, citations become final
CF Motorfreight, a trucking company, was cited by OSHA after an inspection of its Richfield, Ohio terminal. An employer has 15 working days from receiving a citation to file a notice of contest, and if it misses that deadline the citation and penalties become a final Commission order automatically…
John Carter d/b/a J.B.'s Tree Service
Tree-work citations affirmed with $6,500 in penalties
John Carter directed workers removing branches from a large oak tree at a private residence. Two workers were struck by falling limbs, and one died three days later. OSHA cited Carter for exposing employees to falling limbs without adequate warnings and safeguards, and for failing to report the…
Bear Erectors, Inc.
Steel-erection fall-protection and training citations all affirmed, $12,000 penalty
Bear Erectors was a steel-erection subcontractor working on an addition to and demolition at an adult nursing facility in Rochester, New York. An OSHA officer driving past saw workers on the high steel without fall protection, videotaped the site, and inspected. OSHA issued a serious citation with…
P. S. Bruckel, Inc.
Bridge-safety citations affirmed with $8,750 in penalties
P. S. Bruckel was an industrial-painting subcontractor on a lift-bridge rehabilitation project. A supervisor and a laborer worked over a canal and around an open counterweight pit while removing scaffold equipment, and the supervisor fell into the pit and died. OSHA cited the company for missing or…
McCarson's Quality Covering
Roofing safety violations affirmed
McCarson's Quality Covering used employees to replace a residential roof near an energized service line. OSHA found that the ladder-jack scaffold was about 12 inches from the unguarded power line, employees had no conventional fall protection on the steep roof, and the employer lacked adequate…
U.S. Department of the Interior, Bureau of Mines, Pittsburgh Research Center and American Federation of Government Employees, Local 1916
Bureau of Mines research center (FLRA 0-AR-2586-001): remaining exception dismissed
The Bureau of Mines had an exception left over from an earlier arbitration case. The Authority ordered the agency to explain why that exception should not be dismissed as moot and set a response deadline. The agency did not respond. The Authority dismissed the exception for failure to answer its…
Juan Arjona v. Interport Maintenance Company, Incorporated and Hartford Accident and Indemnity Company
Arjona v. Interport Maintenance (BRB 96-1443): container repair coverage site sent back for review
Juan Arjona injured his hand while repairing an intermodal container at Interport Maintenance's yard near Port Newark. The Board agreed that repairing containers used in maritime commerce satisfied the Longshore Act's maritime work requirement. But the judge's finding that the rail yard was a…
D'Ambra Construction Company, Inc.
Utility-location violation affirmed with reduced penalty
D'Ambra Construction was cited for beginning excavation work without first determining the location of an underground gas line. The judge issued a bench decision after an E-Z Trial hearing. The serious violation was affirmed. The proposed $4,000 penalty was reduced to $1,000.
Esprit Constructors, Inc., C. T. Taylor Company, Inc.
Roller-compactor violations affirmed
Esprit Constructors and C. T. Taylor worked together at a construction site where an Esprit employee was fatally struck by a roller-compactor operated by Taylor's project manager. The judge did not decide whether the manager's lack of qualification caused the death, but found him unqualified…
James Womack, Steven Womack and Kenny Womack, Individually and d/b/a Womack Brothers
Reconsideration denied on trench exposure
The Secretary asked the judge to reconsider a finding that employee exposure to a cited trench condition had not been proved. The Secretary argued that two witness statements showed the witness had entered the trench while its sides extended above the trench box. Based on observing the witness and…
Gutknecht Construction Co.
Settlement approved as final order
After the case was directed for Commission review, the parties filed a stipulation and settlement agreement. The Commission found that the agreement raised no issue warranting further review and was consistent with the Occupational Safety and Health Act and Commission rules. It incorporated the…
Richard Rogness and Presto-X Company
In re Richard Rogness and Presto-X Company (EAB FIFRA Appeal No. 95-8): pesticide-use liability and penalty affirmed
Richard Rogness, a certified applicator employed by Presto-X Company, fumigated a moving van containing household electrical appliances with the restricted-use pesticide Phostoxin. The appliances did not function properly after the fumigation. The Environmental Appeals Board held that applying the…
Woodkiln, Inc.
In re Woodkiln, Inc. (EAB CAA Appeal No. 96-2): certificate of compliance denial affirmed
Woodkiln, Inc. sought a certificate of compliance for Model WK23G, a combination wood and gas burning heater. The heater did not complete the low-burn-rate test required by Method 28 under EPA's wood-heater regulations, and the Agency denied the certificate. The Administrative Law Judge upheld the…
Buckeye Florida, L.P.
In re Buckeye Florida, L.P. (EAB NPDES Appeal No. 97-2): petition dismissed as moot
Buckeye Florida operated a pulp and paper mill in Perry, Florida, under an NPDES permit. Help Our Polluted Environment petitioned for review of a presiding officer's decision concerning an evidentiary hearing on the permit. The permit expired while the petition was pending, and the agreement…
In re Juan Batista-Hernandez, Respondent
In re Juan Batista-Hernandez (BIA ID 3321): accessory-after-the-fact conviction had mixed consequences
The Board reviewed a certified case involving a Dominican respondent convicted under 18 U.S.C. § 3 for assisting an offender after a drug-trafficking crime. It held that accessory after the fact was not an inchoate offense and was not sufficiently related to a controlled-substance violation to…
U.S. Department of Defense, Defense Logistics Agency, Defense Contract Management Area Operations Boston and National Association of Government Employees, Local R1-210
Defense Logistics Agency Boston (FLRA 0-AR-2802): performance ratings modified and sent for reevaluation
An employee challenged two lower performance ratings at the Defense Logistics Agency's Boston contract management office. The arbitrator found that the agency had not warned her about performance concerns or given her the required midyear review, so he canceled the ratings and restored the higher…
American Federation of Government Employees, Local 1778 and U.S. Department of the Air Force, McGuire Air Force Base, New Jersey
AFGE Local 1778 at McGuire Air Force Base (FLRA 0-AR-2925): arbitration award left in place
AFGE Local 1778 challenged an arbitration award in a dispute involving McGuire Air Force Base. The Air Force did not oppose the union's exceptions. After reviewing the record, the Authority found no ground under the federal arbitration-review statute to set the award aside and denied the…
U.S. Department of Veterans Affairs, Medical Center, Baltimore, Maryland and American Federation of Government Employees, Local 1923
Baltimore VA Medical Center (FLRA 0-AR-2836): appraisal ratings modified and sent for reevaluation
An employee at the Baltimore VA Medical Center challenged a job element rating and his overall performance rating. An arbitrator found that the agency delayed his required midyear review and had not told him about some complaints about his work. The Authority upheld cancellation of the disputed…
U.S. Department of Defense, Dependents Schools and Overseas Education Association
Defense Dependents Schools (FLRA 0-AR-2749): allowance recovery ruling partly set aside
Defense Dependents Schools sought to recover overpaid living quarters allowance advances from overseas employees. An arbitrator found that some recoveries required a hearing under the Debt Collection Act and ordered reimbursement of one employee's interest or administrative fees. The Authority set…
In re N-J-B-, Respondent
In re N-J-B- (BIA ID 3309): Board opinion on physical presence vacated pending Attorney General review
The Board reviewed an appeal from the denial of an applicant's requests for asylum, withholding of deportation, and suspension of deportation. The applicant arrived in the United States in 1987 and was served with an Order to Show Cause before completing seven years of continuous physical presence…
Ronald Buchanan v. International Transportation Services, Metropolitan Stevedore Company, and Kaiser Permanente Medical Group
Buchanan v. International Transportation Services (BRB 96-1424): medical bill liability remanded
Ronald Buchanan had back problems after working on consecutive days for Metropolitan Stevedore and International Transportation Services. His medical provider, Kaiser Permanente, sought payment for treatment after the second workday. The judge assigned Kaiser's bill and attorney fees to…
U.S. Agency for International Development and American Federation of Government Employees, Local 1534
USAID and AFGE Local 1534 (FLRA 0-AR-2943): arbitration exceptions denied
The U.S. Agency for International Development challenged an arbitration award involving AFGE Local 1534. It argued that the award did not follow the labor agreement and rested on an incorrect fact. The Authority found neither challenge sufficient and denied the agency's exceptions. It also denied a…
American Federation of Government Employees, Local 3943 and U.S. Department of Veteran Affairs, West Los Angeles Medical Center
AFGE Local 3943 at West Los Angeles Medical Center (FLRA 0-AR-2918): arbitration award left in place
AFGE Local 3943 challenged an arbitration award in a dispute involving the West Los Angeles Medical Center. The agency did not oppose the union's exceptions. The Authority reviewed the record and found no ground under the federal arbitration-review statute to set aside the award. It denied the…
TRA Industries, Inc., a/k/a/ Huntwood Industries, Inc.
In re TRA Industries, Inc., a/k/a/ Huntwood Industries, Inc. (EAB EPCRA Appeal No. 96-2): appeal dismissed as untimely
TRA Industries, also known as Huntwood Industries, appealed an Initial Decision assessing a $19,797 administrative penalty for EPCRA reporting violations. The Initial Decision required an appeal to be filed with the EAB within 20 days after service, with additional time for service by mail…
Department of the Navy, Fleet and Industrial Supply Center, Puget Sound and Bremerton Metal Trades Council and American Federation of Government Employees Local 1931
Puget Sound Navy supply center and AFGE Local 1931 (FLRA SF-CU-50071): Concord unit remains separate
The Navy transferred 19 supply employees at its Concord, California, weapons station to the Puget Sound supply center for administrative purposes, while they continued working in Concord. The Navy sought to add them to a Puget Sound bargaining unit represented by the Bremerton Metal Trades Council…
Cleo Jackson v. Jewell Ridge Coal Corporation
Jackson v. Jewell Ridge Coal (BRB 93-0927): Employer must pay the full attorney fee
Cleo Jackson obtained black lung benefits, and his attorney sought payment for the work on his claim. Jewell Ridge Coal argued that it should not pay for legal work performed before it contested liability. The Board held that the entire reasonable fee could be assessed against the employer…
Division of Military and Naval Affairs, New York National Guard and National Federation of Civilian Technicians and Association of Civilian Technicians
New York National Guard and rival technician unions (FLRA BN-RO-40060): ballots to be counted
The National Federation of Civilian Technicians sought to replace the Association of Civilian Technicians as the representative of New York National Guard employees. The incumbent union argued that the challenger was subject to corrupt or anti-democratic influences and could not receive exclusive…
American Federation of Government Employees, Council 214 and U.S. Department of the Air Force, Headquarters, Air Force Materiel Command, Wright-Patterson Air Force Base, Ohio
Air Force traffic safety program (FLRA 0-NG-2338): four proposals outside bargaining duty
AFGE Council 214 submitted seven proposals in response to an Air Force traffic safety program for motorcycle and bicycle riders. The Authority found three proposals outside the duty to bargain because they would restrict the Air Force's ability to require protective equipment as an internal…
National Association of Government Employees, Local R3-10 and U.S. Department of Transportation, Federal Aviation Administration
FAA familiarization travel (FLRA 0-NG-2284): agency ordered to bargain
NAGE Local R3-10 proposed a familiarization travel program for Federal Aviation Administration air traffic assistants. The FAA said free air travel under the program would be an impermissible gift under government ethics rules. The Authority found the proposal within the duty to bargain because the…
United States Department of Veterans Affairs Medical Center, Dallas and American Federation of Government Employees Local 2437
Dallas VA Medical Center and AFGE Local 2437 (FLRA 0-AR-2938): arbitration award left in place
The Dallas VA Medical Center challenged an arbitration award involving AFGE Local 2437. The union opposed the agency's exceptions. The Authority reviewed the record and found no ground under the federal arbitration-review statute to disturb the award, so it denied the exceptions. This short…
American Federation of Government Employees, Local 1164 and Social Security Administration
AFGE Local 1164 and Social Security Administration (FLRA 0-AR-2936): arbitration award left in place
AFGE Local 1164 challenged an arbitration award in a dispute with the Social Security Administration. The agency opposed the union's exceptions. After reviewing the record, the Authority found no ground under the federal arbitration-review statute to set the award aside and denied the exceptions…
United States Department of the Navy, Naval Training Center Orlando and International Union of Operating Engineers Local 673
Orlando Naval Training Center and Operating Engineers Local 673 (FLRA 0-AR-2864): interest added to backpay
The Orlando Naval Training Center suspended an employee for five days after an incident involving electrical work. An arbitrator found that the suspension lacked just cause under the labor agreement and awarded backpay, seniority, and lost benefits, but denied interest. The Authority rejected the…
United States Department of Justice, Federal Bureau of Prisons, United States Penitentiary Leavenworth and American Federation of Government Employees Local 919
Leavenworth penitentiary and AFGE Local 919 (FLRA 0-AR-2753): overtime award set aside
At the federal penitentiary in Leavenworth, a supervisor covered an absent employee's regular shift instead of assigning the work to a bargaining unit employee who would have earned overtime. AFGE Local 919 grieved the assignment, and an arbitrator ordered payment for 40 hours of work to be divided…
United States Department of the Treasury, Bureau of Engraving and Printing and National Treasury Employees Union Chapter 201
Bureau of Engraving and Printing and NTEU Chapter 201 (FLRA 0-AR-2738): higher appraisal upheld
A Bureau of Engraving and Printing program analyst challenged a performance appraisal lowered in part because she was often late. An arbitrator found that the agency had not given the required progress review or meaningful appraisal interview and had rated her on factors outside the established…
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.