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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Federal Aviation Administration, Washington, D.C. and National Air Traffic Controllers Association, AFL-CIO
FAA and NATCA (FLRA WA-CA-30823): hazard pay bargaining complaint returned for clarification
The air traffic controllers' union sought to bargain over hazardous duty pay related to a military exercise at the Roswell, New Mexico, air traffic facility. The FAA refused to bargain, and the union filed an unfair labor practice charge. The Authority held that the charge was timely because the…
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): one complaint dismissed, one remanded
A union challenged how the Army handled an arbitration award concerning a job vacancy at Picatinny Arsenal. The Authority found that the Army's treatment of the position was consistent with a reasonable interpretation of the award, so it dismissed the allegation that the Army had failed to comply…
Mashantucket Sand Gravel
Tribal intramural work fell outside OSH Act coverage
Mashantucket Sand & Gravel was wholly owned and managed by the Mashantucket Pequot Tribe and performed site work only on the reservation for tribal projects. The parties stipulated to the cited conditions and penalties but disputed whether the OSH Act applied. The Commission held that the…
American Federation of Government Employees, Local 1482 and U.S. Department of the Navy, Marine Corps Logistics Base, Barstow, California
AFGE Local 1482 and Marine Corps Logistics Base Barstow (FLRA 0-AR-2764): union exceptions denied
The union at the Marine Corps Logistics Base in Barstow challenged an arbitration award by Sara Adler. The agency did not oppose the union's exceptions. After considering the record, the Authority concluded that the union had not shown the award was deficient under the grounds for review in 5…
Lost Creek Mining Inc.
Hearing notice issued in discrimination case
The Secretary of Labor, on behalf of Douglas Martin, brought a discrimination proceeding against Lost Creek Mining Inc. under section 105(c) of the Federal Mine Safety and Health Act. The filing alleges that Lost Creek laid Martin off after he engaged in a protected work refusal. Judge David…
Lost Creek Mining, Inc.
Temporary reinstatement proceeding dismissed after settlement
The Secretary sought temporary reinstatement for Douglas Martin while his related discrimination complaint proceeded. The parties settled both matters. Lost Creek agreed to expunge records of Martin’s discharge, permanently reinstate him with seniority, status, benefits, and an $11.25 hourly wage…
Globe Contractors, Inc.
Power-line and trench items affirmed, inspection item vacated
OSHA inspected Globe's underground-construction site on a public road and observed a backhoe operating within ten feet of an overhead wire and an employee standing on a ladder and later a water main inside an unprotected trench. The judge rejected Globe's warrant and inspection-conduct objections…
American Federation of Government Employees, Local 1687 and U.S. Department of Veterans Affairs, Medical Center, Mountain Home, Tennessee
AFGE Local 1687 and VA Mountain Home (FLRA 0-NG-2324): pharmacy workload proposal dismissed
A VA medical center planned to raise the evening-shift productivity standard for pharmacy technicians from 240 to 300 outpatient prescriptions. The union proposed retaining the 240-prescription standard, arguing that the higher target could increase dispensing errors. The Authority held that…
Basin Resources Incorporated
Roof, examination, guarding, and electrical citations split
Basin Resources operated the now-closed Golden Eagle underground coal mine, which used the longwall method. Judge Richard W. Manning considered 11 alleged violations arising from roof conditions, examinations, machine guarding, and electrical work. He affirmed four citations and vacated the…
Federal Emergency Management Agency and American Federation of Government Employees, Local 4060
FEMA and AFGE Local 4060 (FLRA WA-CA-30232): training retaliation found in consolidated cases
Five unfair labor practice complaints against FEMA were consolidated. In one, a union president asked FEMA to reconsider a denied training request, then filed a charge after receiving no answer. FEMA deferred action because of that charge, and the Authority held that this was unlawful…
Buck Creek Coal Inc.
Default decision affirms 26 violations and $58,865 penalty
Buck Creek Coal Inc. faced four consolidated civil penalty proceedings involving 26 alleged violations and $58,865 in proposed penalties. After Buck Creek failed to answer discovery requests, a motion to compel, and a later motion for default, Judge T. Todd Hodgdon entered a default decision. He…
Contractor's Sand and Gravel, Inc.
EAJA award of $41,155.05
Contractor's Sand and Gravel challenged an MSHA electrical-grounding citation and obtained a ruling vacating the citation and associated penalties. It then sought attorney fees and other expenses under the Equal Access to Justice Act. Judge August F. Cetti found that the Secretary's litigation…
Sunshine Guardrail Service
Advance traffic signs required for roadside work
Sunshine replaced guardrail posts beside four lanes of Florida Turnpike traffic after the general contractor failed to place the required advance construction signs. The crew used cones, safety vests, truck warning lights, and the guardrail area, but those measures did not warn motorists in…
Herzog Food, Inc.
Late contest dismissed for lack of excusable neglect
Herzog received OSHA's citation and proposed penalty on December 18, 1995, making its notice of contest due January 10, 1996. Its attorney did not send a protest until January 18. Herzog blamed snow emergencies, but the record showed that the owner and insurance representatives received, read, and…
Secretary of Labor v. Extra Energy, Inc.
Commission reopens case and directs review
Extra Energy asked the Commission to reconsider its denial of the company's petition for discretionary review of an ALJ decision. The Commission majority reopened the matter under Rule 60(b)(6), granted reconsideration, directed review, and set the case for oral argument. The order does not decide…
U.S. Department of the Interior and U.S. Geological Survey, Reston, Virginia and National Federation of Federal Employees, Local 1309
U.S. Geological Survey and NFFE Local 1309 (FLRA WA-CA-30451): bargaining ordered over midterm proposal
During contract negotiations, the union proposed language allowing it to request bargaining on negotiable matters that the agreement did not cover. The U.S. Geological Survey refused to bargain after receiving advice from the Department of the Interior that the proposal was outside the duty to…
Bureau of Prisons, Office of Internal Affairs, Washington, D.C. and Phoenix, Arizona; Federal Correctional Institution, El Reno, Oklahoma; and American Federation of Government Employees, Local 171
Bureau of Prisons and AFGE Local 171 (FLRA DA-CA-30570): interview representation complaint dismissed
Bureau of Prisons investigators questioned an employee at the El Reno correctional institution while a union representative was present. The employee and representative twice asked to leave the interview room for a private conference, and the investigators denied those requests. The Authority's…
Equal Employment Opportunity Commission, Washington, D.C. and American Federation of Government Employees, Local 3614
EEOC and AFGE Local 3614 (FLRA BP-CA-30873): intake schedule complaint dismissed
The EEOC changed a rotation schedule for employees who received discrimination charges at its district office while the union had sought help from the Federal Service Impasses Panel. The union alleged that the agency had acted before completing bargaining over the change. The Authority adopted the…
U.S. Department of the Army, Fort Polk, Louisiana and National Association of Government Employees, Local R5-168
Fort Polk and NAGE Local R5-168 (FLRA 0-AR-2747): union exceptions denied
The union at the Army's Fort Polk installation challenged an arbitration award by John F. Caraway. The Army opposed the union's exceptions. After considering the record, the Authority concluded that the award was not deficient under any ground in 5 U.S.C. § 7122(a). It denied the exceptions and…
Daanen & Janssen, Inc.
Consolidated loader-accident citations modified and vacated
Daanen & Janssen operated a limestone quarry where a front-end-loader operator died after the loader went through a berm and fell from an elevated roadway. Judge David Barbour reviewed four citations arising from the accident and related civil penalty proceedings. He modified two citations by…
Laughlin Air Force Base, Del Rio, Texas and American Federation of Government Employees, Local 1749
Laughlin Air Force Base and AFGE Local 1749 (FLRA DA-CA-30422): settlement complaint dismissed
A settlement agreement required Laughlin Air Force Base to give a union member priority consideration when a motor vehicle operator position became vacant. The base mistakenly referred a military spouse instead, after receiving incorrect guidance about which candidate had priority. The base later…
Kermit Campbell v. John Chaney Trucking Co., Inc. and/or Watts and Chaney Trucking, Inc.
Compensation case dismissed because no withdrawal order was issued
Kermit Campbell sought compensation under section 111 of the Federal Mine Safety and Health Act, saying a federal mine inspector inspected his truck and put it out of service. The application did not allege that a withdrawal order caused the idlement. Campbell later submitted a section 104(a)…
Grover Napier v. John Chaney Trucking Co., Inc.
Compensation case dismissed because citation was not a withdrawal order
Grover Napier sought compensation under section 111 of the Federal Mine Safety and Health Act, alleging idlement caused by a section 104(d)(1) citation. Judge Gary Melick ordered Napier to show cause why the case should not be dismissed because section 111 compensation requires a withdrawal order…
D. A. Collins Constr. Co., Inc.
Foreman's tie-off violations defeated misconduct defense
Collins carpenters stripped bridge formwork from a temporary platform 34 feet above the ground. A carpenter fell from the bridge and died, and OSHA cited the company for fall-protection violations. Two carpenters routinely crossed the unguarded platform without tying off, and their foreman observed…
Edward A. Manship v. Norfolk & Western Railway Company
Manship v. Norfolk & Western Railway (BRB 95-1090): disability award affirmed with rate corrections
Edward Manship sought Longshore Act benefits after a back injury at Norfolk & Western Railway and a related psychological injury. The Board upheld the judge's finding that his back condition was work related and that the employer had not rebutted the presumption connecting his psychological…
D.M. Sabia Company
Repeat scaffold violation reinstated after court mandate
Sabia stipulated that it violated the scaffold standard requiring guardrails and toeboards on elevated platforms. The judge classified the violation as repeated and assessed an agreed $4,000 penalty, but the Commission initially reduced it to serious with a $1,000 penalty under then-controlling…
International Association of Machinists and Aerospace Workers and U.S. Department of the Army, Corpus Christi Army Depot, Texas
Machinists union and Corpus Christi Army Depot (FLRA 0-AR-2820): union exceptions denied
The Machinists union at Corpus Christi Army Depot challenged an arbitration award by I. B. Helburn. The Army opposed the union's exceptions. After reviewing the record, the Authority found no ground under 5 U.S.C. § 7122(a) to set aside the award. It denied the exceptions, leaving the award in…
Panama Canal Commission and Maritime Metal Trades Council
Selection rerun upheld
An arbitrator found that the Panama Canal Commission had used modified qualifications improperly in selecting a supervisory training instructor. He invalidated the selection and ordered the agency to rerun the process using the original position description and qualification requirements. The…
Peterson Construction Co.
Unsecured decking and floor-hole items affirmed
A carpenter loosened a sheet of second-floor plywood decking to remove column formwork, leaving an opening and an unstable walking surface 21 feet above the lower level. When he stepped on the loose sheet, it lifted and he fell through the opening onto reinforcing steel, causing serious injuries…
Ralph Taynton d/b/a Service Specialty
EAJA fee request denied despite prevailing
Service Specialty sought $34,512.95 in attorney, agent, and other expenses after the Commission vacated its citation in full. The Commission had held that OSHA lacked jurisdiction because the sole proprietorship had stopped operating and no longer had an employee before the citation issued. The fee…
Secretary of Labor v. Stillwater Mining Company
Stay of penalty denied
Stillwater Mining asked the Commission to stay payment of a $1,500 civil penalty while it appealed an ALJ decision to the U.S. Court of Appeals for the Ninth Circuit. The Commission applied the factors for extraordinary stay relief, including likelihood of success, irreparable harm, effects on…
Pasqualina Santoro v. Maher Terminals, Incorporated
Santoro v. Maher Terminals (BRB 96-244): denial affirmed after medical evidence review
Michael Santoro suffered a cervical strain while working for Maher Terminals and later developed paralysis associated with a spinal cord tumor. After his death, his widow sought death benefits, and his disability claim also remained at issue. Following an earlier appeal and a Supreme Court ruling…
National Federation of Federal Employees, Local 858 and U.S. Department of Agriculture, Farm Service Agency, Kansas City, Missouri
NFFE Local 858 and Farm Service Agency (FLRA 0-AR-2845): union exception denied
The union at the Farm Service Agency in Kansas City challenged an arbitration award by Michael D. Gordon. The agency did not oppose the exception. After considering the record, the Authority found the award was not deficient under the grounds in 5 U.S.C. § 7122(a). It denied the exception, leaving…
American Federation of Government Employees, Local 12 and United States Department of Labor
AFGE Local 12 and Department of Labor (FLRA 0-AR-2728): union exceptions denied
AFGE Local 12 challenged an arbitration award by Earle W. Hockenberry involving the Department of Labor. The agency opposed the union's exceptions. After considering the record, the Authority found the award was not deficient under any ground in 5 U.S.C. § 7122(a). It denied the exceptions and left…
Secretary of Labor, on behalf of Ramon S. Franco v. W. A. Morris Sand and Gravel, Inc.
Settlement ends appeal
W. A. Morris Sand and Gravel moved to withdraw its appeal in a civil penalty proceeding involving a discrimination matter. The parties reached a settlement in this and related proceedings, and the ALJ approved the settlement on August 19, 1996. The Commission granted the motion, vacated its…
Secretary of Labor v. C.W. Mining Company
Roof-control citation affirmed
C.W. Mining operated the Bear Canyon No. 1 underground coal mine in Utah. MSHA cited the company for operating without an approved roof control plan after revoking an older plan that allowed longer roof-bolting intervals and a different pillar-extraction sequence. The Commission held that MSHA…
Hemphill Construction Co., Inc.
Repeat trench spoil-pile violation affirmed
Hemphill installed a water line in a trench while a backhoe placed excavated soil at the trench edge. An OSHA regional investigator observed employees enter the trench with the spoil pile nearby and photographed the condition. The judge credited that testimony despite the investigator's lack of…
Secretary of Labor v. Fluor Daniel Incorporated
Settlement approved after forklift fatality
This case concerned a fatal accident caused by defective forklift brakes at the Ridgeway Mine. The ALJ's initial decision assessed $27,500 for citations involving a defective parking brake and an inadequate preshift inspection. After a Commission remand, the parties settled the remaining…
Buck Creek Coal Inc.
Twelve citations affirmed by default
Buck Creek Coal Inc. faced 12 alleged violations at its Buck Creek Mine, and the Secretary sought $13,612 in civil penalties. The cases had been stayed while related criminal proceedings were pending, and the company later pleaded guilty to all 12 criminal counts. Buck Creek did not answer the…
Secretary of Labor v. Givens Coal Company, Inc.
Four citations affirmed and imminent-danger order vacated
Givens Coal operated the Congress Mine in Kentucky. The case involved a roof-fall fatality, rescue efforts under unsupported roof, incomplete on-shift examinations, and methane examinations that were not performed at the required intervals. Judge Jerold Feldman vacated the imminent-danger order…
In re Cecilia Rivera-Claros
Lozada requirements applied to in absentia reopening request
The Board reviewed a motion to reopen deportation proceedings that had been decided in the respondent's absence after she did not receive hearing information from former counsel. The majority held that notice sent to counsel was proper and that the respondent had not shown exceptional circumstances…
U.S. Department of Veterans Affairs, Medical Center, North Chicago, Illinois and American Federation of Government Employees, Local 2107
VA North Chicago and AFGE Local 2107 (FLRA 0-AR-2710): performance awards and attorney fees upheld
A VA medical center denied cash performance awards to employees rated outstanding because they had been promoted during the appraisal period. After a prior settlement required reconsideration, an arbitrator found the center's continued denial arbitrary and ordered the awards that the employees…
American Federation of Government Employees, Local 2006 and Social Security Administration, Philadelphia, Pennsylvania
AFGE Local 2006 and SSA Philadelphia (FLRA 0-AR-2858): priority consideration award upheld
The Social Security Administration gave an employee priority consideration for a contract administrator vacancy to remedy an earlier application processing error, but selected someone else. An arbitrator denied the union's grievance after finding that the agency genuinely evaluated the employee and…
Cannelton Industries, Inc.
Motions to reopen and remand denied
Cannelton Industries and two employees asked the Commission to remand the case and reopen the record so they could submit evidence that their hearing attorney had failed to present. The Commission held that the attorney's failure did not justify relief under Federal Rule of Civil Procedure 60(b)…
U.S. Department of Justice, Immigration and Naturalization Service, Washington, D.C. and American Federation of Government Employees, National Border Patrol Council, AFL-CIO
INS and National Border Patrol Council (FLRA WA-CA-30677): late payroll proposal did not require bargaining
The Immigration and Naturalization Service planned to move employee payroll processing to a new system. The National Border Patrol Council later proposed putting union messages in the remarks section of employees' earnings statements. The agency refused to bargain, saying the proposal came after…
Sport Air Traffic Controllers Organization and Air Force Flight Test Center, Edwards Air Force Base, California
SATCO and Air Force Flight Test Center (FLRA SF-CO-50828): recording demand violated bargaining duty
During talks for a new agreement at Edwards Air Force Base, the Sport Air Traffic Controllers Organization insisted on recording bargaining sessions. The administrative law judge found that recording was a permissive subject and that the union insisted on it to impasse, refusing to bargain in good…
Army and Air Force Exchange Service and International Association of Machinists and Aerospace Workers, Local Lodge No. 2333
Army and Air Force Exchange Service and Machinists Local 2333 (FLRA CH-CA-40546): pay bargaining ordered
The Army and Air Force Exchange Service and Machinists Local 2333 had reached a tentative partial agreement on wage increases tied to a Pay for Performance system. After talks broke down, the agency refused to resume bargaining over that system, although it offered to discuss other approaches to…
Andrew Catapano Enterprises, Inc.
Separate trench citations largely upheld
OSHA issued nine sets of citations covering 98 alleged violations at separate water-main trench worksites along Eighth Avenue in New York City. The Commission held that the Secretary could inspect and cite the separate worksites independently because correcting a condition in one trench did not…
National Association of Government Employees, Local R4-45 and U.S. Department of Defense, Defense Commissary Agency, Central Region
NAGE Local R4-45 and Defense Commissary Agency (FLRA 0-NG-2327): reduction-in-force proposal dismissed
The union proposed that a reduction-in-force competitive area include, at minimum, all employees in its bargaining unit across several commissary stores. The Authority found that the proposal could be read consistently with the regulation governing competitive areas, which requires all employees in…
American Federation of Government Employees, Local 3824 and U.S. Department of Energy, Western Area Power Administration, Phoenix, Arizona
AFGE Local 3824 and Western Area Power Administration (FLRA 0-NG-2271): call-record proposals split
The Western Area Power Administration recorded long-distance call details to detect misuse of its telephone system. The union proposed destroying those records after each monthly billing cycle and retaining a right to monitor how the data was collected and checked. The Authority held that monthly…
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-2863): electrician promotion denied
A WG-8 electrician at Norfolk Naval Shipyard said he had performed WG-10 work since 1992 and sought a promotion. The arbitrator awarded backpay for uncompensated higher-grade work in 1995, dismissed the claims for 1992 through 1994 as untimely, and declined to order a promotion. The union…
American Federation of Government Employees, Local 2250 and U.S. Department of Veterans Affairs Medical Center, Muskogee, Oklahoma
AFGE Local 2250 and Muskogee VA Medical Center (FLRA 0-AR-2831): asbestos pay award upheld
Boiler Plant employees at the Muskogee VA Medical Center sought environmental differential pay for asbestos exposure. The arbitrator found no sustained exposure above the VA circular's 0.1-fiber-per-cubic-centimeter limit, but awarded pay for isolated periods involving boiler gaskets and a February…
U.S. Department of the Air Force, 88th Air Base Wing, Aeronautical Systems Division, Wright-Patterson Air Force Base, Ohio and International Association of Machinists and Aerospace Workers, Local 2333
Wright-Patterson Air Force Base and Machinists Local 2333 (FLRA 0-AR-2765): higher-grade backpay set aside
A WG-6 motor vehicle operator at Wright-Patterson Air Force Base had held a temporary WG-7 rigger assignment. He said he continued to perform WG-7 duties after that promotion ended and sought the higher pay for the intervening months. An arbitrator awarded backpay. The Authority held that the…
U.S. Department of Health and Human Services, Social Security Administration, New York Region and American Federation of Government Employees, Council 220
SSA New York Region and AFGE Council 220 (FLRA 0-AR-2735): after-hours official-time pay struck
An arbitrator awarded straight-time compensation to union officials who performed official-time travel and hearing activities outside their scheduled duty hours. The officials were already on 100 percent official time during their regular hours. The Authority held that compensation for off-duty…
U.S. Department of Health and Human Services, Social Security Administration, New York Region and American Federation of Government Employees, Local 3369
Social Security Administration and AFGE Local 3369 (FLRA 0-AR-2711): extra official-time pay removed
Two union officials performed official-time activities connected with a trip from New York to Washington, D.C. An arbitrator awarded them straight-time pay for activities outside their regular duty hours, along with travel and per diem. The agency challenged the pay award but did not contest travel…
U.S. Department of Commerce, Patent and Trademark Office and National Treasury Employees Union, Chapter 243
Patent and Trademark Office and NTEU Chapter 243 (FLRA 0-AR-2704): discrimination remedy returned for findings
An arbitrator found that the Patent and Trademark Office had discriminated against an African American applicant when it selected someone else for a computer specialist position. He ordered a retroactive promotion, backpay, and $5,000 for emotional distress. The Authority rejected the agency's…
U.S. Department of Veterans Affairs Medical Center, Kansas City, Missouri and American Federation of Government Employees, Local 2663
Kansas City VA Medical Center and AFGE Local 2663 (FLRA 0-AR-2627): late reconsideration request rejected
The Authority had earlier set aside a backpay award involving employees of the Kansas City VA Medical Center. AFGE Local 2663 filed a motion for reconsideration after the deadline and asked the Authority to excuse the delay. The union said its representative had been away for contract negotiations…
Jim Walter Resources, Inc.
Diesel vehicle citation affirmed
Jim Walter Resources operated an underground coal mine where nonpermissible diesel-powered buses and locomotives were used within 150 feet of pillar workings. The judge considered whether the Mine Act standard for permissible electric equipment applied to those vehicles and their electrical…
Everwood Treatment Company, Inc. and Cary W. Thigpen
In re Everwood Treatment Company, Inc. and Cary W. Thigpen (EAB RCRA (3008) Appeal No. 95-1): penalty increased to $273,750
Everwood Treatment Company and its president Cary W. Thigpen operated a wood-treatment facility near Mobile, Alabama. EPA alleged that they buried soil contaminated with a copper, chromate, and arsenic solution without a permit and without meeting land-disposal restrictions. The Environmental…
Department of the Air Force, Warner Robins Air Logistics Center and American Federation of Government Employees, Local 987
Air Force Warner Robins and AFGE Local 987 (FLRA AT-CA-40563): smoking policy change violated bargaining duty
The Warner Robins Air Logistics Center banned indoor smoking while the local union was still negotiating where outdoor smoking would be allowed. A command level agreement required existing indoor smoking areas to remain until those negotiations were complete. The Federal Labor Relations Authority…
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.