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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Doris Nelson v. Director, Office of Workers' Compensation Programs
Nelson v. Director, OWCP (BRB 96-0744): Overpayment waiver requires a hearing
Doris Nelson received $11,544.40 in black lung survivor benefits for a period during which she was remarried. She argued that the government had waited too long to seek repayment and asked for a waiver. The Board held that the six-year limit for government contract damages actions did not bar…
Oscar Renda Contracting, Inc.
Record reopened after interpreter and witness failures
An employee died when a 3,500-pound plate fell while being lowered into a trench, and OSHA issued numerous serious citations with $26,400 in proposed penalties. At the hearing, the inspecting officer did not appear, two key Spanish-speaking witnesses could not communicate effectively without an…
Peter L. McGoey v. Chiquita Brands International and General Reinsurance Company
McGoey v. Chiquita Brands International (BRB 96-0593): occasional unloading duties support coverage
Peter McGoey mostly managed office work for Chiquita Brands but also supervised ship unloading when his supervisor was absent or a particular type of ship arrived. The judge denied Longshore Act benefits because those maritime assignments were infrequent and McGoey was working at his desk when…
Anderson Excavating and Wrecking Company
Demolition fall violation found willful
Three employees manually demolished a bank vault about 35 feet above the ground without safety belts, nets, or other fall protection. The Commission found Anderson plainly indifferent because it provided only vague warnings not to fall, gave inadequate hazard training, and did not have…
Austin Powder Company
Further review granted
The Commission had previously vacated and remanded an ALJ decision concerning whether a citation should be treated as a section 104(d)(1) order or a section 104(a) citation. On remand, the ALJ removed the unwarrantable-failure finding but kept the penalty unchanged. Austin Powder Company and Bruce…
ASARCO, Inc.
Discrimination settlement approved
ASARCO agreed to pay miner David G. Hopkins $15,000, subject to applicable payroll deductions, to settle his claims after an ALJ found that the company violated the Mine Act by discharging him. The settlement also reduced the civil penalty for that violation from $800 to $500. The Commission…
Envirosafe Services of Ohio, Inc.
In re Envirosafe Services of Ohio, Inc. (EAB RCRA Appeal No. 96-6): permit matter remanded during settlement discussions
Envirosafe Services of Ohio and EPA Region V asked the EAB to dismiss a permit appeal without prejudice because the parties were discussing settlement. Their joint motion said both that the issues had been resolved and that settlement agreements might still prove unsuccessful. Because the status of…
Mountain Top Trucking Co., Inc.
Discrimination claims partly granted
Mountain Top Trucking drivers alleged that they were discharged or otherwise treated adversely after refusing work they reasonably believed was unsafe, including driving excessive hours or operating unsafe trucks. Judge Jerold Feldman found Walter Jackson's work refusal protected and granted his…
National Association of Government Employees, Local R3-35 and Department of Veterans Affairs, Medical Center, Coatesville, Pennsylvania
NAGE Local R3-35 and Coatesville VA Medical Center (FLRA 0-AR-2857): temporary promotion backpay limited pending OPM approval
Food service employees at the Coatesville VA Medical Center sought temporary promotions and backpay for higher graded work. The arbitrator denied the claims of WG-2 employees assigned salad preparation duties but awarded promotions and backpay to WG-4 employees who performed existing WL-2 leader…
Naporano Iron & Metal Company
Scrap-loading crane cited for no load indicating device and unguarded swing radius, both items affirmed
Naporano ran a scrap metal terminal at Port Newark, New Jersey, where barge-mounted cranes loaded scrap onto vessels and occasionally unloaded steel rails. After an inspection, OSHA cited two serious violations of the longshoring crane standard: no load indicating device on either crane, 29 C.F.R…
Midwest Material Company
Fatal crane-boom violation found unwarrantable
Midwest Material's crew was dismantling a mobile crane boom at a sand and gravel plant when a miner worked under an unsecured section of the boom and removed retaining pins. The boom pivoted and fell, killing miner Thomas Reaska. The Commission held that the violation of 30 C.F.R. § 56.14211(a) was…
Ewart V. Rochester v. George Washington University and Liberty Mutual Insurance Company
Rochester v. George Washington University (BRB 93-2124): settlement remains closed and medical claim denied
Ewart Rochester settled a claim for a back injury sustained while working for George Washington University; the settlement left open medical care related to that injury. Years later he asked to reopen the settlement and sought medical benefits for dystonia that developed after the accident. The…
National Association of Government Employees, Local R5-168 and U.S. Department of the Army, Fort Polk, Louisiana
NAGE Local R5-168 and Fort Polk (FLRA 0-AR-2760): union exceptions to arbitration award denied
NAGE Local R5-168 challenged an arbitration award involving the Army at Fort Polk, Louisiana. The Authority reviewed the union's exceptions under 5 U.S.C. § 7122(a). It concluded that the award was not contrary to law, rule, or regulation or deficient on the other grounds available under that…
In re Deon Melvin Orlando Garvin-NOBLE, Respondent
In re Deon Melvin Orlando Garvin-NOBLE (BIA ID 3301): aggravated-felony bond case remanded under transition rules
The Board reviewed a bond redetermination appeal involving a Guyanese lawful permanent resident convicted of selling cocaine in New York and classified as an aggravated felon. The Board held that the Transition Period Custody Rules applied even though his conviction, release from criminal…
National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration, Western-Pacific Region, John Wayne Air Traffic Control Tower
NATCA and John Wayne Air Traffic Control Tower (FLRA 0-AR-2871): one-day suspension upheld
An air traffic controller at John Wayne Air Traffic Control Tower received a one-day suspension after management concluded that he had supplied false information to obtain compensatory time for driving to a union training course. An arbitrator upheld the suspension, finding that the controller…
Enlow Fork Mining Company
Accumulation findings partly remanded
Enlow Fork was cited for coal, float coal dust, and oil accumulations and for failing to record hazardous conditions during preshift examinations at an underground coal mine. The Commission vacated and remanded the judge's findings on whether the November accumulation violation was significant and…
Nevada Goldfields, Inc.
Discrimination complaint dismissed
Kenneth L. Driessen alleged that Nevada Goldfields dismissed him because he raised safety concerns about operating the No. 1 Ball Mill at the Nixon Fork Mine. Judge T. Todd Hodgdon found that Driessen may have engaged in activity protected by the Mine Act, but the evidence did not show that his…
Yellowstone Refining Company, Cody Refinery
In re Yellowstone Refining Company, Cody Refinery (EAB RCRA Appeal No. 94-9): appeal dismissed as moot
Yellowstone Refining Company challenged an EPA post-closure permit for its closed refinery near Cody, Wyoming. While the appeal was stayed for settlement discussions, Wyoming received authorization to run its hazardous-waste program and issued Yellowstone a replacement permit. The parties asked the…
Falkirk Mining Company
Welding connection citation affirmed
Falkirk Mining operated a surface coal mine where an electrical connection on a welding machine was not insulated to the same degree as the rest of the wire. Judge Richard W. Manning found that the exposed connection violated 30 C.F.R. § 77.504, which requires electrical connections to be…
Walter Reed Army Medical Center and National Association of Government Employees, Service Employees International Union, AFL-CIO
Walter Reed Army Medical Center and NAGE (FLRA WA-RO-60029): radiology bargaining unit petition dismissed
NAGE sought an election for about 50 nonprofessional employees in Walter Reed Army Medical Center's radiology department. A regional director dismissed the petition because the proposed unit did not share a community of interest separate from employees in the center's other clinical departments and…
George M. Roberts v. Alabama Dry Dock and Shipbuilding Corporation and Travelers Insurance Company
Roberts v. Alabama Dry Dock and Shipbuilding (BRB 96-0515): self-insured employer owes hearing loss benefits
George Roberts developed hearing loss after years of noisy shipyard work and settled his benefits claim. The judge assigned payment responsibility to Travelers Insurance, which covered the employer during Roberts's final months of work. The Board found that a hearing test from before Travelers…
National Treasury Employees Union, Chapter 260 and Federal Deposit Insurance Corporation, Southwest Service Center, Dallas, Texas
NTEU Chapter 260 and FDIC Southwest Service Center (FLRA 0-AR-2867): union exception to award denied
NTEU Chapter 260 challenged an arbitration award involving the FDIC's Southwest Service Center in Dallas. The Authority reviewed the union's exception under 5 U.S.C. § 7122(a). It concluded that the award was not contrary to law, rule, or regulation or deficient on the other grounds available under…
Freda Story v. Navy Exchange Service Center and Gates McDonald & Company
Story v. Navy Exchange Service Center (BRB 96-0533): barber tips may count toward wages
Freda Story sought disability benefits after a neck and shoulder injury while working as a barber at a Navy Exchange. The judge calculated her average weekly wage without her tips, reasoning that the amended Longshore Act no longer expressly listed gratuities as wages. The Board held that tips may…
Federated Oil & Gas of Traverse City, Michigan
In re Federated Oil & Gas of Traverse City, Michigan (EAB UIC Appeal No. 95-38): permit review denied
James and Alice Valentine challenged EPA Region V's permit authorizing Federated Oil & Gas to operate the Valentine 3-18 SWD Class II injection well in Bear Lake Township, Michigan. They argued that their lease did not allow an injection well, that other operators had contaminated their property…
Buck Creek Coal, Inc.
Contests defaulted after discovery failures
Buck Creek Coal failed repeatedly to respond to the Secretary's discovery requests, an order compelling discovery, and the Secretary's motion for default. Judge T. Todd Hodgdon found that the company was apparently in bankruptcy but that this did not automatically stay the proceedings or prevent…
Anchor Mining Incorporated
Penalty proceedings partly affirmed
Anchor Mining and two of its supervisory employees faced civil penalty proceedings involving unsafe work around a surface mine ditch and an excavator. Judge George A. Koutras affirmed a $4,500 penalty against Anchor for an unwarrantable-failure violation involving unstable material, and affirmed a…
Austin Powder Company
In re Austin Powder Company (EAB RCRA Appeal No. 95-9): permit review denied in part and corrective-action issue remanded
Austin Powder Company operated an explosive manufacturing facility near McArthur, Ohio, under a permit covering hazardous-waste management and corrective action at solid waste management units. Austin challenged the permit's flexibility for site-specific investigation workplans, the absence of…
Consolidation Coal Company
Settlement approved after remand
Consolidation Coal contested a citation alleging that methane-monitor warning signals on longwall face equipment were not visible to people who could deenergize the equipment. The ALJ initially vacated the citation, but the Commission later held that the standard was violated and remanded the case…
Buck Creek Coal, Inc.
Default entered; citations affirmed with $14,084 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default, affirmed the listed citations and orders, and assessed civil penalties totaling $14,084. The decision explains…
Willie Boyd v. Ceres Terminals
Boyd v. Ceres Terminals (BRB 96-526): benefits award affirmed after a workplace burn injury
Willie Boyd, a forklift driver for Ceres Terminals, was burned while briefly helping a coworker start a car on the employer's premises. The administrative law judge found the injury arose in the course of employment and awarded temporary total disability and medical benefits. The Board upheld that…
U.S. Environmental Protection Agency, Washington, D.C. and National Federation of Federal Employees, Local 2050 and Environmental Employees Collectively Organized
EPA and NFFE Local 2050 (FLRA WA-AC-50004): trusteeship defeats union affiliation petition
NFFE Local 2050 represented professional employees at EPA headquarters. Its members voted to affiliate with Environmental Employees Collectively Organized, but the national union had placed the local in trusteeship before the vote and removed its officers. The former local president then filed a…
International Federation of Professional and Technical Engineers, Local 49 and U.S. Department of the Army, Army Corps of Engineers, South Pacific Division
Army Corps South Pacific Division and IFPTE Local 49 (FLRA 0-NG-2246, 0-NG-2247, 0-NG-2248): reorganization proposals dismissed
The Army Corps of Engineers planned to reorganize parts of its South Pacific Division. IFPTE Local 49 proposed a different division structure, a total of 101 positions, and 13 supervisory positions. The Authority held that the structure proposal would control how the agency organizes itself, a…
International Federation of Professional and Technical Engineers, Local 49 and U.S. Department of the Army, Army Corps of Engineers, South Pacific Division
Army Corps South Pacific Division and IFPTE Local 49 (FLRA 0-NG-2235, 0-NG-2236, 0-NG-2238): petitions over supervisory roles dismissed
The Army Corps of Engineers planned to reorganize its South Pacific Division's programs directorate. IFPTE Local 49 proposed changes to who would supervise GS-13 project managers and whether GS-14 engineers would have supervisory duties. The Authority found that all three proposals would directly…
International Federation of Professional and Technical Engineers, Local 49 and U.S. Department of the Army, Corps of Engineers, South Pacific Division
IFPTE Local 49 and Army Corps South Pacific Division (FLRA 0-NG-2214): laboratory reorganization proposal excluded from bargaining
IFPTE Local 49 proposed an organizational structure for an Army Corps of Engineers laboratory in Sausalito as the basis for bargaining over a reorganization. The Authority found that the proposed structure and staffing pattern were inseparable, with the structure controlling the proposal's effect…
American Federation of Government Employees, Local 1336 and Social Security Administration, Mid-America Program Service Center
Social Security Administration Mid-America Center and AFGE Local 1336 (FLRA 0-NG-2210): reconsideration unit proposals dismissed
The Social Security Administration planned to end a centralized reconsideration section at its Mid-America Program Service Center and distribute its work and staff among six other sections. AFGE Local 1336 proposed three alternatives that would keep the work together in a centralized or specialized…
National Air Traffic Controllers Association, MEBA/NMU and U.S. Department of Transportation, Federal Aviation Administration, Memphis, Tennessee
FAA Memphis and NATCA (FLRA 0-AR-2848): air traffic controller's suspension upheld
The FAA suspended a Memphis air traffic controller for 14 days after he was absent without leave for five consecutive workdays. An arbitrator found just cause for the suspension, and NATCA challenged the award. The Authority found that the controller had received notice and an opportunity to…
Panama Canal Commission, Republic of Panama and International Organization of Masters, Mates and Pilots, Panama Canal Pilots Branch, AFL-CIO
Panama Canal Commission and pilots union (FLRA DA-CA-30994): pay bargaining complaint dismissed
The Panama Canal pilots union accused the Panama Canal Commission of bargaining in bad faith over pilots' basic pay during negotiations for a new agreement. The union pointed to management's refusal to discuss its pay proposals and statements about delaying negotiations until a possible pay freeze…
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-2889): union challenge to arbitration award denied
The Tidewater Virginia Federal Employees Metal Trades Council challenged an arbitration award involving the Navy's Norfolk Naval Shipyard. The published decision does not describe the underlying grievance or the arbitrator's remedy. After reviewing the record, the Authority found no basis under 5…
Buck Creek Coal, Inc.
Default entered; citations affirmed with $8,474 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default, affirmed the listed citations and orders, and assessed civil penalties totaling $8,474. The decision states…
Buck Creek Coal, Inc.
Default judgment affirmed with $22,252 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default, affirmed the listed citations and orders, and assessed civil penalties totaling $22,252. The decision states…
Yahara Materials Inc.
Settlement agreement disapproved
MSHA proposed reducing penalties against Yahara Materials and foreman James R. Hoppman for a conveyor-access citation involving an approximately 12-foot fall hazard. Judge T. Todd Hodgdon found that the settlement submission did not provide enough facts to justify the proposed reductions, including…
Wimpey Minerals
Discrimination case dismissed after damages agreement
William F. Metz and Wimpey Minerals reached an agreement regarding damages in a discrimination proceeding. Judge Gary Melick ordered Wimpey Minerals to pay total damages, including interest, of $58,158 within 15 days. He then dismissed the case.
Buck Creek Coal, Inc.
Default entered; citations affirmed with $94,426 penalty
Buck Creek Coal failed to respond to the Secretary's discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed orders and citations. The decision states that the proceedings had previously been…
In re Q-T-M-T-, Respondent
In re Q-T-M-T- (BIA ID 3300): aggravated-felony bar to withholding upheld
The Board reviewed a Vietnamese respondent's appeal after he was convicted in federal court of conspiracy to deal in firearms without a license and sentenced to 36 months in prison. The Immigration Judge found him deportable for an aggravated felony and ineligible for asylum and withholding of…
Michael Phillips v. A-Z International and Great American Insurance Company
Phillips v. A-Z International (BRB 96-564): proposed repayment sanctions vacated
Michael Phillips sought compensation for an injury he alleged occurred on an offshore oil rig. After a judge denied benefits for lack of coverage, the employer sought repayment of benefits already paid and alleged that the offshore injury claim was fraudulent. The judge certified facts to a…
Navieras NPR, Inc.
Dismissal reviewed so settlement could be considered
The judge dismissed the case and vacated the citations after the Secretary failed to file a complaint by the final deadline. Before that dismissal became a final order, the Secretary submitted a settlement that the parties had apparently reached before the judge ruled. The agreement withdrew one…
Color Image, Inc.
Ten-minute forklift instruction was inadequate
Color Image used a stand-up forklift in its warehouse and allowed four employees to operate it. An employee who had experience only with a different type of forklift received a ten-minute oral demonstration in Vietnamese, was not tested, and was later seen operating unsafely several times. OSHA…
American Federation of Government Employees, Local 2142 and U.S. Department of the Army, Corpus Christi Army Depot, Corpus Christi, Texas
AFGE Local 2142 and Corpus Christi Army Depot (FLRA 0-AR-2865): training time does not meet engineer experience requirement
An employee at Corpus Christi Army Depot applied for a GS-13 aerospace engineer position. The agency counted 10 months of his GS-12 work as specialized experience but excluded a separate 10-month training detail at Texas A&M University. An arbitrator denied the union's grievance, and the Authority…
U.S. Department of Veterans Affairs, Medical Center, Jamaica Plain, Massachusetts and Fraternal Order of Police
Jamaica Plain VA Medical Center and FOP (FLRA BN-CA-30274): Suspension for protected letter rescinded
A police officer at the Jamaica Plain VA Medical Center sent management a letter on behalf of a local Fraternal Order of Police lodge and was suspended for 14 days. After two remands, an administrative law judge found that the lodge was a labor organization and that the letter was protected…
Kokosing Construction Co., Inc.
Rebar item affirmed, formwork fall item vacated
A Kokosing carpenter fell about 22 feet while dismantling concrete formwork and died near two rows of unguarded reinforcing steel. The Commission found that part of his body could have fallen onto the rebar and that the conspicuous condition, crews in the area, and inadequate inspection…
American Federation of Government Employees, Local 1513 and U.S. Department of the Navy, Naval Air Station Whidbey Island, Washington
AFGE Local 1513 and Whidbey Island Naval Air Station (FLRA 0-AR-2822): contracting-out grievance cannot go to arbitration
AFGE Local 1513 challenged the Navy's handling of a contract solicitation for base operating support at Naval Air Station Whidbey Island. The union said the agency should conduct a government cost study and prepare its own proposal for comparison with contractor bids. An arbitrator dismissed the…
American Federation of Government Employees, Local 2142 and U.S. Department of the Army, Corpus Christi Army Depot, Corpus Christi, Texas
AFGE Local 2142 and Corpus Christi Army Depot (FLRA 0-AR-2759): union arbitration challenge denied
AFGE Local 2142 challenged an arbitration award by Arbitrator John F. Caraway involving the Corpus Christi Army Depot. The published decision does not identify the underlying grievance, the award's terms, or the union's specific objections. After considering the record, the Authority concluded that…
Buck Creek Coal, Inc.
Default judgment affirmed with $38,723 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed orders and citations. The decision states that the proceedings had previously been stayed while…
U.S. Department of Health and Human Services, Region X, Seattle, Washington and National Treasury Employees Union
HHS Region X and NTEU (FLRA 0-AR-2840): backpay for higher-grade duties upheld
Two HHS Region X employees performed GS-13 duties while paid at the GS-12 level. An arbitrator found that the agency had detailed them to higher-grade positions without the temporary promotions required by their labor agreement and awarded retroactive promotions and backpay. The Authority held that…
Empire Energy Inc.
Default judgment affirmed with $135,000 penalties per respondent
Empire Energy Inc., War Eagle Construction, and Kennie Compton failed to respond to discovery requests, an order compelling responses, and a later motion for default. Judge Roy J. Maurer found the respondents in default and affirmed all citations and orders in the captioned dockets. Each respondent…
In re X-P-T-, Applicant
In re X-P-T- (BIA ID 3299): forced sterilization qualified for asylum and withholding
The Board reviewed a Chinese applicant's appeal after an Immigration Judge denied asylum and withholding of exclusion and deportation. The applicant had been forcibly sterilized after she and her husband violated China's coercive population-control policy by having three children. The Board held…
Buck Creek Coal, Inc.
Default judgment affirmed with $179,310 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed orders and citations. The decision states that the proceedings had previously been stayed while…
Austin Powder Company
Citation and individual liability affirmed
At Lynn Sand & Stone Quarry, Austin Powder Company employees worked close to a 55-foot highwall without required safety belts and lines while preparing to dewater a drill hole. Judge Paul Merlin credited the inspectors' testimony and found a violation of 30 C.F.R. § 56.15005. The judge affirmed the…
Standard Lafarge
Citation affirmed and penalties reduced
At Standard Lafarge's Marblehead Quarry, a miner was trapped by falling rock while welding inside a surge bin. Judge David F. Barbour affirmed the citation for violating the requirement to prevent miners from being exposed to entrapment by caving or sliding material. The judge found the violation…
Buck Creek Coal, Inc.
Default judgment affirmed with $6,162 penalty
Buck Creek Coal, Inc. failed to respond to discovery requests, an order compelling a response, and a later motion for default. Judge T. Todd Hodgdon found the company in default and affirmed the listed citations. The decision states that the proceedings had previously been stayed while criminal…
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.