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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U.S. Army Armament Research Development and Engineering Center, Picatinny Arsenal, New Jersey and National Federation of Federal Employees, Local 1437
Picatinny Arsenal and NFFE Local 1437 (FLRA BY-CA-40319): undisclosed position change did not violate labor statute
A union challenged the selection of an employee for a chemical engineer position at Picatinny Arsenal. During arbitration, the Army converted that position to a supervisory job but did not tell the union or the arbitrator. On remand, the administrative law judge found that the omission was poor…
Patricia L. Sewell v. Noncommissioned Officers’ Open Mess, McChord Air Force Base
Sewell v. Noncommissioned Officers’ Open Mess (BRB 96-1256): work-related psychological injury, disability remanded
Patricia Sewell worked as a civilian bartender at the McChord Air Force Base officers' club and sought benefits for depression she attributed to stress at work. The judge denied benefits after finding that legitimate discipline and termination were not grounds for a compensable psychological…
United States Army Corps of Engineers, Memphis District and National Federation of Federal Employees Local 259
Memphis Army Corps towboat and NFFE Local 259 (FLRA AT-CA-40698): cook position restored
The Army Corps of Engineers eliminated the cook position on its Memphis towboat after the cook took a voluntary separation incentive. NFFE Local 259 knew the cook had retired, but the Corps had not clearly told the union that this position, rather than another position, would be abolished. The…
Active Fire Sprinkler Corp.
One electrical item withdrawn, cord strain-relief violation affirmed
Active Fire Sprinkler Corp. was installing sprinkler piping at a New York construction site when OSHA inspected in May 1996 and issued a two-item serious electrical citation. At the hearing the company showed that the worker exposed to the condition in Item 1 was not its employee, so the Secretary…
United States Department of Justice, Federal Bureau of Prisons, United States Penitentiary Marion and American Federation of Government Employees Local 2343
Marion penitentiary and AFGE Local 2343 (FLRA CH-CA-50382): award compliance complaint dismissed
An employee at the federal penitentiary in Marion sought to replace annual leave with sick leave used while caring for a family member. An arbitrator denied the grievance under the rules then in force but said substitution would be available if a proposed regulation became effective during the…
Daniel Ion v. Duluth, Missabe and Iron Range Railway Company and Signal Administration
Ion v. Duluth, Missabe and Iron Range Railway Company (BRB 96-1301): disability finding remanded
Daniel Ion sought total disability benefits after several work injuries while employed by a railway company. The judge found him unable to secure suitable alternate work and awarded permanent total disability benefits. The Board upheld the judge's finding on when Ion's knee condition became…
Mercer and Atlantic Counties Resource Recovery Facility
In re Mercer and Atlantic Counties Resource Recovery Facility (EAB PSD Appeal No. 96-7): permit extension remanded
Three New Jersey groups challenged an extension and modification of a PSD permit for a proposed resource recovery facility. The project’s public financing and construction plans changed, the original permittee said it would no longer build the facility, and a possible transfer to another operator…
Timothy Allen v. Bludworth Bond Shipyard and National Union Fire Insurance Company
Allen v. Bludworth Bond Shipyard (BRB 97-0327): attorney fee delay reconsidered
Timothy Allen settled a claim arising from a back injury at Bludworth Bond Shipyard, leaving his attorney fee for the Department of Labor to determine. The district director reduced the requested hours and rates and declined to increase the fee for delay in payment. The Board held that the relevant…
American Federation of Government Employees Local 1949 and United States Department of the Army, Headquarters Fort Greely
AFGE Local 1949 and Fort Greely (FLRA 0-AR-2935): arbitration award left in place
AFGE Local 1949 challenged an arbitration award in a dispute with the Army at Fort Greely. The Army 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. This short…
Social Security Administration, Raleigh and American Federation of Government Employees Local 3509
Raleigh Social Security office and AFGE Local 3509 (FLRA 0-AR-2891): weather leave award narrowed
Hazardous weather delayed the Raleigh Social Security office's opening on two days. Employees challenged the agency's refusal to grant administrative leave, and an arbitrator awarded leave to all bargaining unit employees absent because of the weather. The agency objected that the grievance and the…
United States Department of the Army, Red River Army Depot and American Federation of Government Employees Local 3961
Red River Army Depot and AFGE Local 3961 (FLRA 0-AR-2762): asbestos pay award limited
Employees at Red River Army Depot sought additional pay for work in a building where tests had found airborne asbestos. An arbitrator awarded environmental differential pay and interest to employees working there, finding that the depot's safety measures had not practically eliminated the potential…
Delta Line Construction Company
Highway barricade violation affirmed
Delta Line Construction placed a utility-truck bucket over an open highway lane while an employee rewired a traffic signal. A tractor-trailer struck the bucket, separating it from the boom, and the employee fell and sustained serious injuries. The judge found that the applicable traffic-control…
United States Department of the Interior, Bureau of Mines, Pittsburgh Research Center and American Federation of Government Employees Local 1916
Bureau of Mines research center and AFGE Local 1916 (FLRA 0-AR-2586-001): two training exceptions denied
A Bureau of Mines employee sought payment for electronics and engineering courses and a divided work schedule. An arbitrator sustained the employee's grievance, and the Authority had sent the case back for a finding on whether the courses related to official duties under the Training Act. On…
S & M Construction, Inc.
Training orders modified and affirmed
S & M Construction operated an open-pit surface coal mine. MSHA issued withdrawal orders after finding that nine employees lacked required newly employed experienced miner training and two employees lacked required new miner training. Judge George A. Koutras found that the Secretary did not prove…
In re Leoncio Crisoforo Gonzalez-Camarillo, Respondent
In re Leoncio Crisoforo Gonzalez-Camarillo (BIA ID 3320): section 212(c) waiver barred for covered deportability grounds
The Board reviewed a Mexican lawful permanent resident's appeal after he conceded deportability based on a cocaine conviction and an aggravated felony. He sought a section 212(c) waiver both by itself and with an application to adjust his status. The Board held that the AEDPA amendments barred a…
Kennecott Holdings Corporation (McLaren Tailings Site)
In re Kennecott Holdings Corporation (EAB CERCLA § 106(b) Petition No. 94-23): petition dismissed with prejudice
Kennecott Holdings Corporation and EPA Region VIII reported that they had settled the claims related to Kennecott's CERCLA reimbursement petition and a separate EPA demand for response costs. The settlement was embodied in a consent decree entered by the United States District Court for the…
N. M. Savko & Sons, Inc.
Confined-space item affirmed, trench items vacated
N. M. Savko & Sons installed sewer pipe and required an employee to enter a manhole to set up a laser. The judge found the sewer was a confined space and that the employee had not been instructed about its hazards, precautions, or emergency equipment. That serious training violation was affirmed…
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-2771): job posting award set aside
A Leavenworth penitentiary employee grieved the assignment of a bargaining unit member to a Drug Program Coordinator position without a competitive posting. An arbitrator ordered the prison to vacate and post the position. The Authority held that the position was a management job and that the labor…
Environmental Waste Control, Inc., General Motors Corp., The Budd Company, and the Ford Motor Company
In re Environmental Waste Control, Inc., General Motors Corp., The Budd Company, and the Ford Motor Company (EAB CERCLA 106(b) Petition No. 94-21): $143,535 settlement approved
Environmental Waste Control, Inc., General Motors Corp., The Budd Company, and the Ford Motor Company sought reimbursement for response-action costs at the Northline Drums Site in Romulus, Wayne County, Michigan. The petitioners said they incurred approximately $5.3 million while performing work…
National Air Traffic Controllers Association and United States Department of Transportation, Federal Aviation Administration
Air Traffic Controllers Association and FAA (FLRA 0-AR-2794): arbitration award left in place
The National Air Traffic Controllers Association challenged an arbitration award in a dispute with the Federal Aviation 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…
Continental Roof Systems, Inc.
Mootness dismissal reversed and case remanded
OSHA cited Continental Roof Systems for sixteen alleged roofing, scaffold, fall-protection, equipment, training, and recordkeeping violations, with $139,600 in proposed penalties. The ALJ dismissed the case as moot after Continental went out of business and had no employees. The Commission had…
Meridian Contractors, Inc.
Dismissals reversed and citation cases remanded
OSHA issued Meridian Contractors serious and willful construction citations with proposed penalties after two inspections. The ALJ dismissed both cases under Commission precedent treating the actions as moot because Meridian had stopped employing workers and was preparing to dissolve. After that…
United States Department of Defense, Army and Air Force Exchange Service and American Federation of Government Employees
Army and Air Force Exchange Service and AFGE (FLRA 0-AR-2812): union official's schedules upheld
A Dallas union official used half her time for representation and half on leave without pay under the labor agreement. The Army and Air Force Exchange Service changed her time sheets and later revised her schedule, prompting two grievances. An arbitrator held that the agreement did not require a…
Oklahoma Metal Processing Company, Inc. d/b/a Houston Metal Processing Company and Newell Recycling Company, Inc.
In re Oklahoma Metal Processing Company, Inc. and Newell Recycling Company, Inc. (EAB TSCA Appeal No. 97-5): appeal dismissed as interlocutory
Newell Recycling Company tried to appeal a partial accelerated decision that resolved liability issues but did not decide the proposed civil penalty. The Board explained that an initial decision must resolve all issues and claims in the proceeding. Because the ruling was interlocutory, Newell…
United States Government Printing Office and Columbia Typographical Union No. 101-12
Government Printing Office and Columbia Typographical Union (FLRA 0-AR-2757): premature exceptions dismissed
Two Government Printing Office employees grieved the loss of incentive separation payment opportunities. An arbitrator sustained their grievances but directed the parties to develop remedies, retaining authority to decide the remedies if they could not agree. The agency challenged what it…
Vicente Diosdado v. Newpark Shipbuilding & Repair, Incorporated and The Gray Insurance Company
Diosdado v. Newpark Shipbuilding & Repair (BRB 96-1585): alternate work issue remanded
Vicente Diosdado, a shipyard welder, sought disability benefits after falling from a barge. The judge found him permanently and totally disabled and awarded benefits. The Board upheld the finding that Diosdado could not return to his usual welding work, as well as the date his condition became…
B.J. Carney Industries, Inc.
In re B.J. Carney Industries, Inc. (EAB CWA Appeal No. 96-2): liability affirmed and penalty remanded
B.J. Carney Industries, Inc. operated a nonpressure wood pole treating facility that discharged pentachlorophenol-contaminated water into a publicly owned treatment works in Sandpoint, Idaho. The Presiding Officer found 18 violations of the pretreatment regulation and assessed a $9,000…
Defense Logistics Agency, Defense Supply Center Columbus, and American Federation of Government Employees
Defense Supply Center Columbus (FLRA WA-RP-60071): review granted on bargaining units
After a Defense Logistics Agency supply center closed, employees in two job series moved to a Columbus center where another union represented workers in those positions. AFGE asked to add those employees to its nationwide bargaining unit, but a regional director dismissed its petition. The…
M.B. Waterproofing, Inc.
Contest after signed settlement dismissed
OSHA issued M.B. Waterproofing a three-item serious citation and a six-item other-than-serious citation. The company's manager negotiated and signed an informal settlement that reduced the penalties and expressly waived the right to contest. The company later arranged an installment plan but did…
M.B. Construction Company
Nine-month-late contest dismissed
OSHA issued M.B. Construction a serious citation with ten items after inspecting a construction site. The company received the citation in July 1995 but did not file its notice of contest until May 1996, nine months after the statutory deadline. The judge rejected the company's claim that OSHA…
In re C-Y-Z-, Applicant
In re C-Y-Z- (BIA ID 3319): spouse's forced sterilization supported asylum and withholding
The Board reviewed a Chinese applicant's appeal from the denial of asylum and withholding of deportation. His wife had been forced to undergo sterilization after the couple resisted China's coercive population-control policies. The Board held that persecution of one spouse through forced…
Internal Revenue Service, Philadelphia Service Center and National Treasury Employees Union Chapter 71
IRS Philadelphia Service Center and NTEU Chapter 71 (FLRA 0-AR-2853): arbitration exceptions denied
The Internal Revenue Service's Philadelphia Service Center challenged an arbitration award involving National Treasury Employees Union Chapter 71. The Authority considered the agency's exceptions under the statute governing arbitration awards and found no basis to declare the award deficient. It…
Federal Education Association/Lejeune Education Association and Department of Defense, Camp Lejeune Dependents Schools
Camp Lejeune Dependents Schools and FEA/LEA (FLRA 0-AR-2798): union exceptions denied
The Federal Education Association/Lejeune Education Association challenged an arbitrator's ruling in a case involving Department of Defense schools at Camp Lejeune. The Authority found no ground under the statute governing arbitration awards to set aside the ruling and denied the union's…
GMC Delco Remy
In re GMC Delco Remy (EAB RCRA Appeal No. 95-11): permit review denied in part and remanded in part
GMC Delco Remy operated a hazardous-waste facility in Indiana with federal and State portions of a RCRA permit. After the State portion ended when the active regulated unit closed, EPA Region V modified the federal portion to add newly identified solid waste management units to corrective-action…
A.M.C.C. Corporation, Inc.
Willful excavation violation affirmed
A.M.C.C. employees worked in a detention-tank excavation with an inadequately sloped wall and a large spoil pile at the edge. Project representatives repeatedly warned the superintendent, issued a stop-work order, and contacted company management, but employees resumed work before adequate…
NE Hub Partners, L.P.
In re NE Hub Partners, L.P. (EAB UIC Appeal Nos. 97-1 and 97-2): appeals dismissed after voluntary remand
EPA Region III asked the Environmental Appeals Board to remand the UIC permit matter so the Region could reconsider comments submitted by Penn Fuel Gas, Inc. and CNG Transmission Corp. during the permit process. The Region said it would take the steps required by 40 C.F.R. parts 124, 144, and 146…
Trinity Masonry & Stucco, Inc.
Settlement approval affirmed
An ALJ approved the parties' settlement agreement. The employer petitioned for review, and the settlement order was directed for Commission review. After reviewing the case, the Commission affirmed the ALJ's order.
Traylor Brothers, Inc.
Unsecured fall-arrest anchorage violation affirmed
Traylor Brothers was the general contractor on a bridge project where a subcontractor's employee attached his safety lanyard to a suspended track during form-setting work. The track slipped from its clamp, fell from the bridge, and pulled the employee into the river, where he drowned. The judge…
National Treasury Employees Union Chapter 260 and Federal Deposit Insurance Corporation, Southwest Field Office
FDIC Southwest Field Office and NTEU Chapter 260 (FLRA 0-AR-2761): temporary promotion grievance rejected
An FDIC clerk-typist sought a temporary promotion and pay for work she said was at a higher grade. The arbitrator rejected her grievance under the labor agreement's temporary-detail provision because she had not been detailed to a higher-grade position. The union challenged that ruling, but the…
American Federation of Government Employees Council 236 and General Services Administration, Region 2
GSA Region 2 and AFGE Council 236 (FLRA 0-AR-2950): reconsideration denied
The Authority had dismissed exceptions to an arbitration award after a union official failed to answer an order asking whether he was authorized to file for AFGE Council 236. The official requested reconsideration, explaining that the order had been placed in the union's grievance file and that he…
American Federation of Government Employees Local 2142 and United States Department of the Army, Corpus Christi Army Depot
Corpus Christi Army Depot and AFGE Local 2142 (FLRA 0-AR-2923): union exception denied
AFGE Local 2142 challenged an arbitration award involving the Army's Corpus Christi Army Depot. The Authority considered the union's exception under the statute governing arbitration awards and found no ground to declare the award deficient. It denied the exception, leaving the award in place. The…
Vincent J. Riggio v. Maher Terminals, Incorporated
Riggio v. Maher Terminals (BRB 96-1136): checker duties may establish Longshore coverage
Vincent Riggio injured his shoulder while working as a delivery clerk in an office at Maher Terminals. The judge denied Longshore Act benefits because he treated Riggio as an office clerical worker excluded from coverage. The Board agreed that office paperwork alone would not establish coverage…
National Association of Government Employees Local R4-6 and United States Department of the Army, Fort Eustis
Fort Eustis and NAGE Local R4-6 (FLRA 0-AR-2869): attorney fees remanded after snow closure
Fort Eustis closed during a snowstorm but did not grant administrative leave to employees already on approved leave. An arbitrator awarded those employees two hours of administrative leave and denied the union's request for attorney fees. The Authority upheld the arbitrator's reading of the weather…
Carolyn Lee O’Brien v. Evans Financial Corporation, Property & Casualty Insurance Company, and Maryland Insurance Company
O’Brien v. Evans Financial Corporation (BRB 95-0783): medical benefits and attorney fee affirmed
Carolyn O’Brien obtained a third-party settlement after a workplace back injury while working for Evans Financial Corporation. The employer had previously paid disability compensation and agreed to a reduced lien against the settlement proceeds, but later refused to pay her medical bills. The Board…
American Federation of Government Employees Local 2142 and United States Department of the Army, Corpus Christi Army Depot
Corpus Christi Army Depot and AFGE Local 2142 (FLRA 0-AR-2874): job description grievance rejected
An electrical equipment repairer leader at the Army's Corpus Christi depot sought to change his job description to say he also led higher-graded inspectors. The arbitrator found the grievance outside the negotiated grievance procedure because the requested description change would cause a job…
Federal Mediation and Conciliation Service and FMCS Association of Federal Mediators
FMCS and its mediators' association (FLRA WA-RP-70013): Mediator election petition remains dismissed
The FMCS Association of Federal Mediators sought an election to represent field mediators nationwide. A regional director dismissed its petition because an earlier Authority decision held that FMCS mediators administer the federal labor relations statute and cannot form an appropriate unit under 5…
American Federation of Government Employees, Council of Prison Locals, Local 171 and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution El Reno
El Reno prison and AFGE Local 171 (FLRA 0-NG-2192): Dormitory bargaining appeal dismissed
AFGE Local 171 proposed officer stations, second-floor safety features, and staffing arrangements for new inmate dormitories at the federal prison in El Reno. The Authority found that proposals for enclosed officer stations and second-floor protections concerned matters the Bureau of Prisons could…
John M. Zube v. Sun Refining and Marketing Company and Travelers Insurance Company
Zube v. Sun Refining and Marketing Company (BRB 96-1068): truck driver outside Longshore coverage
John Zube drove a tanker truck and filled it with petroleum at Sun Refining's terminal before delivering it to service stations. The terminal received some petroleum by barge, but Zube loaded his truck from a storage tank after the product had reached its point of delivery. Two labor judges denied…
Northern Energy, Inc.
Late contest caused by vacation dismissed
Northern Energy received an OSHA citation on December 12, 1996, and had until January 6, 1997, to contest it. The company sent its contest letter on January 8 after the official responsible for OSHA matters returned from a scheduled vacation. The judge found no improper conduct by OSHA and no…
American Federation of Government Employees, Local 2207 and United States Department of Veterans Affairs Medical Center, Birmingham, Alabama
Birmingham VA and AFGE Local 2207 (FLRA 0-AR-2768): Asbestos grievance sent back for clarification
AFGE Local 2207 filed grievances over asbestos exposure and sought environmental differential or hazardous duty pay for employees at the Birmingham VA medical center. An arbitrator held a grievance barred by an earlier asbestos settlement signed by the union vice president. The Authority agreed…
Christman Quarry
Citation vacated and proceeding dismissed
Christman Quarry contested a citation alleging a violation of 30 C.F.R. § 56.14207. An ALJ had affirmed the citation and assessed a $1 civil penalty, after which the Commission granted the operator's petition for discretionary review. The Secretary later vacated the citation and asked to dismiss…
In re Samuel Fuentes-Campos, Applicant
In re Samuel Fuentes-Campos (BIA ID 3318): exclusion applicant remained eligible for section 212(c) waiver
The Board reviewed a Mexican lawful permanent resident's appeal after the Immigration Judge pretermitted his section 212(c) waiver application as statutorily barred after he was placed in exclusion proceedings following a conviction for possession of marijuana with intent to distribute. It held…
Raymond Harmon v. Sea-Land Service, Incorporated
Harmon v. Sea-Land Service (BRB 96-1058): disability benefits awarded after retirement
Raymond Harmon injured his back while working as a crane operator for Sea-Land Service and later retired on a longevity pension. The judge awarded disability benefits only through the day before his retirement because he could not determine whether Harmon had retired because of the injury. The…
Bedlam Brass Corporation
Repair letter did not preserve contest rights
Bedlam Brass received OSHA citations on July 22, 1996, and had until August 12 to file a notice of contest. Its August 22 letter listed repairs the company had made but did not say that it contested the citations or penalties. The judge found that the citation and accompanying booklet clearly…
National Association of Government Employees, Local R4-45 and Defense Commissary Agency, Fort Lee, Virginia
Fort Lee commissary and NAGE Local R4-45 (FLRA 0-AR-2931): Arbitration exception denied
NAGE Local R4-45 challenged an arbitration award involving the Defense Commissary Agency at Fort Lee, Virginia. The Authority reviewed the record under the standards in 5 U.S.C. § 7122(a) and found no basis to set the award aside. It denied the union's exception. The short public decision does not…
United States Department of the Navy, Mare Island Naval Shipyard and Federal Employees Metal Trades Council, Local 217
Mare Island Naval Shipyard and Metal Trades Council (FLRA 0-AR-2816): Late arbitration exceptions dismissed
An arbitrator found that Mare Island Naval Shipyard improperly separated a pipefitter during a reduction in force and ordered reinstatement, back pay, and attorney fees. The Navy waited until after a supplemental award set the payment amounts to challenge the back pay and fee entitlement. The…
National Treasury Employees Union, Chapter 45 and United States Department of the Treasury, Internal Revenue Service, Tulsa, Oklahoma
Tulsa IRS and NTEU Chapter 45 (FLRA 0-AR-2772): Three-day suspension upheld
The IRS suspended a Tulsa employee for three days after finding that he incorrectly filed a tax return by omitting dividend income. An arbitrator upheld the suspension and declined to consider a defense that the union had not raised earlier in the grievance process. NTEU Chapter 45 argued that the…
Matter of Rosalva FARIAS-Mendoza
After-acquired marriage did not support smuggling waiver
The respondent, a lawful permanent resident from Mexico, was found deportable for helping her boyfriend enter the United States illegally. An Immigration Judge granted her a discretionary waiver because the couple later married, and the Board initially dismissed the government’s appeal. The…
In re S-S-, Respondent
In re S-S- (BIA ID 3317): suspended five-year sentence supported deportability findings
The Board reviewed a Laotian refugee's appeal after an Iowa terrorism conviction led to deportability findings and denial of asylum and withholding of deportation. It held that immigration law measures a sentence by the period ordered by the court, even when the sentence is suspended, so the…
All American Asphalt
Discrimination found in failure to recall; remedies ordered
All American Asphalt operated an asphalt plant, quarry, and aggregate plant in California. After employees raised safety concerns and gave a video of plant hazards to MSHA, the company failed to recall four employees after a 1992 layoff and later laid them off again in 1993. Judge August F. Cetti…
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.