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. Department of the Interior, Bureau of Mines, Pittsburgh Research Center and American Federation of Government Employees, Local 1916
Bureau of Mines and AFGE Local 1916 (FLRA BP-CA-20688): Named appraisal records withheld
AFGE Local 1916 requested employees' individual performance plans with names attached to examine ratings and pursue grievances at the Bureau of Mines research center. An ALJ found that the center unlawfully withheld the plans, but the Authority reached a different result. It found that employees…
U.S. Equal Employment Opportunity Commission and National Council of EEOC Locals No. 216, AFGE and AFGE Local 3614
EEOC and AFGE Council 216 (FLRA 2-CA-10106): Information complaint dismissed
AFGE requested EEOC investigators' performance ratings, progress reviews, case assignment records, and evaluation criteria to prepare for possible grievances. An administrative law judge found that the agency violated its duty to provide information. The Authority disagreed. It held that disclosing…
American Federation of Government Employees, Local 3062 and U.S. Department of the Interior, National Park Service, Lake Mead National Recreation Area
AFGE Local 3062 and Lake Mead National Recreation Area (FLRA 0-NG-2031): Two overtime proposals negotiable
AFGE Local 3062 proposed four overtime pay provisions for National Park Service employees at Lake Mead. The Authority applied a rule preserving bargaining over pay practices the parties had negotiated before August 19, 1972, when those practices also matched current prevailing rates and practices…
U.S. Department of the Navy, Naval Base, Norfolk, Virginia and American Federation of Government Employees, Local 22
Norfolk Naval Base and AFGE Local 22 (FLRA 0-AR-2678): Supplemental pay award upheld
After an arbitrator awarded backpay to Naval Base Norfolk employees, the parties submitted remaining remedy questions to him. His supplemental award addressed former employees' backpay and found the Navy liable for liquidated damages, attorney fees, and expenses. The Navy argued that a payment…
U.S. Department of Veterans Affairs, Medical Center, Birmingham, Alabama and American Federation of Government Employees, Local 2207
Birmingham VA Medical Center and AFGE Local 2207 (FLRA 0-AR-2622): Suspension reversal upheld
The Birmingham VA Medical Center suspended an employee for 14 days over two absences without leave. An arbitrator found that the union could pursue the grievance and that the suspension lacked the just cause required by the labor agreement. She considered the employee's improved attendance, delayed…
U.S. Department of the Treasury, Internal Revenue Service and National Treasury Employees Union
IRS and National Treasury Employees Union (FLRA 0-AR-2490): Home address award upheld
The IRS refused the union's request for employees' home addresses, despite contract provisions calling for an annual address list when disclosure was lawful. An arbitrator found that the union needed the addresses to communicate with a large, geographically dispersed workforce and that existing…
U.S. Department of Transportation, Federal Aviation Administration, Little Rock, Arkansas and National Air Traffic Controllers Association, Local LIT
Little Rock FAA and NATCA Local LIT (FLRA DA-CA-21089): Identified appraisals withheld
NATCA Local LIT asked the FAA in Little Rock for annual performance appraisals with employees' names and other identifiers. The FAA supplied copies with identifying information removed, but the union said it needed names to examine possible bias and compare ratings. The Authority found that…
U.S. Department of Defense Dependents Schools, Kaiserslautern, Germany and Overseas Education Association
Defense Dependents Schools and Overseas Education Association (FLRA 0-AR-2652): Teacher's permanent status upheld
A teacher in the Defense Dependents Schools system had held permanent status before resigning for a school year. When she returned, the agency hired her into a temporary position. An arbitrator ordered permanent status effective from her rehire, with backpay, benefits, and interest. The agency…
DIC Americas, Inc.
In re DIC Americas, Inc. (EAB TSCA Appeal No. 94-2): $85,000 penalty affirmed
DIC Americas, Inc. failed to file Form U reports for five chemical substances when required under EPA's TSCA reporting rules. The Environmental Appeals Board affirmed the total $85,000 civil penalty, or $17,000 per violation. The Board held that the Presiding Officer properly used EPA penalty…
Rocco Curcio v. Keystone Coal Mining Corporation
Safety-committee absence protected
Rocco Curcio worked as a miner and elected safety-committee member at Keystone Coal Mining Corporation’s underground Emilie No. 1 Mine. After management did not correct dusty conditions on a haulage road, Curcio and another committee member went to union headquarters to discuss the problem, which…
Matter of L-G-
Federal felony definition controls aggravated-felony drug analysis
The respondent had a Louisiana conviction for simple possession of more than 400 grams of cocaine, classified as a felony under state law. The Board held that the federal definition of “felony” controls when determining whether a state drug offense is a drug-trafficking crime under 18 U.S.C. §…
Lawrence W. Kubin v. Pro-Football, Incorporated
Kubin v. Pro-Football (BRB 92-0701): disability award capped at statutory maximum
Lawrence Kubin, a professional football player for the Washington Redskins, sought compensation under the District of Columbia extension of the Longshore Act for a back injury sustained during mandatory weight lifting. The Board upheld the judge's finding that the injury led to his retirement from…
Secretary of Labor on behalf of Samuel Knotts v. Tanglewood Energy, Inc., Fern Cove, Inc., Randy Burke, and Randall Key
Secretary of Labor on behalf of Samuel Knotts v. Tanglewood Energy, Inc., et al. (FMSHRC WEVA 94-357-D): Discrimination damages awarded
Samuel Knotts had previously been found to have been discharged in violation of section 105(c) of the Mine Act. In this final damages decision, Judge Roy J. Maurer held the respondents jointly and severally liable for $17,120 in net back pay, $508 in costs, and $1,762.80 in interest, and assessed a…
Johnston Atoll Chemical Agent Disposal System
In re Johnston Atoll Chemical Agent Disposal System (EAB RCRA Appeal No. 95-6): permit review denied
Three public-interest organizations challenged EPA Region IX's approval of a Class 2 modification to the U.S. Army's permit for the Johnston Atoll Chemical Agent Disposal System. The modification removed a five-year operating restriction so the facility could continue operating while its permit…
Little Sandy Coal Company Incorporated
Dust and combustible-material citations resolved
Little Sandy Coal Company was cited at its Little Sandy and Brimar surface coal mines for combustible materials around a light plant, combustible materials on equipment, and dust that reduced haul-road visibility. Judge David F. Barbour found a violation involving oil and diesel fuel around a light…
Peabody Coal Company
Rock-dust citations split
Peabody Coal was cited at its Martwick and Camp #11 underground mines for inadequate rock dusting. Judge Gary Melick found that Citation No. 3861813 was duplicative of Citation No. 3861812 because it covered the same area and time, so he vacated the lesser-included citation. He affirmed Citation…
National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration
NATCA and FAA (FLRA 0-AR-2601): Retirement credit grievance excluded
NATCA sought early retirement service credit for two FAA employees who had taken leave without pay while serving as union officials. An arbitrator dismissed that part of the grievance because federal law excludes retirement matters from negotiated grievance procedures. The union argued that the…
Jocanso, Inc.
Late notice of contest dismissed, citations affirmed because a staffed office mishandling the mail is simple negligence, not excusable neglect
OSHA issued Jocanso, Inc. two citations and a proposed penalty on October 13, 1994, and the company received them on October 28, 1994. The law gave Jocanso 15 working days, to November 22, 1994, to file a written notice of contest. Instead the company did nothing until its attorney sent OSHA a…
Pak Nation Construction Co., Inc.
Citations affirmed after the company's only defense, that it was not the workers' employer, was found not credible
OSHA cited Pak Nation Construction Co., Inc. on September 15, 1993 for serious and repeat violations of construction safety and health standards found during an inspection of a building restoration in the Bronx, New York, and proposed penalties totaling $10,400. At the hearing Pak Nation stipulated…
James W. Shelton v. Claude V. Keen Trucking Company
Shelton v. Claude V. Keen Trucking (BRB 94-3940): Appeal proceeds without a claimant brief
James Shelton appealed a black lung decision with help from a Stone Mountain Health Services worker. The Board concluded that the worker was helping him file, rather than acting as a formal lay representative who would brief the case. It therefore treated Shelton as representing himself and removed…
Well-Tech, Inc.
Removed platform guardrail and missing site records produced $2,850 in penalties
Well-Tech, Inc. was a well-servicing contractor replugging and sampling wells at a chemical plant in Barberton, Ohio. Employees removed an eight-foot section of guardrail from a 16-foot-high drilling platform and placed caution tape across the opening; within about 15 minutes, an employee fell…
U.S. Department of the Navy, Naval Training Center, Great Lakes, Illinois and American Federation of Government Employees, Local 2326
Great Lakes Naval Training Center and AFGE Local 2326 (FLRA 0-AR-2613): Job restoration claim denied
A Navy sheet metal mechanic had a work-related back injury and later accepted a clerk assignment after physicians found he could not perform his former duties. AFGE sought his restoration to the mechanic position as of November 1990. The arbitrator denied the grievance, and the union challenged the…
Coal Preparation Services, Inc.
Default dismissal vacated and remanded
Coal Preparation Services failed to appear at a rescheduled civil-penalty hearing after its president said he went to the hearing site on the wrong date. The ALJ dismissed the case by default and ordered payment of a $162 civil penalty. The Commission majority treated the company’s letter as a…
Secretary of Labor on behalf of Marty P. Boden v. Lion Coal Company, Cougar Coal Company, Randy Burke, and Randall Key
Secretary of Labor on behalf of Marty P. Boden v. Lion Coal Company, et al. (FMSHRC WEST 95-308-D): Temporary reinstatement ordered
Marty P. Boden was a belt foreman at Lion Coal Company’s Swanson Mine who reported unsafe beltline, escapeway, dust, and rock-dusting conditions to MSHA. He was discharged later the same day that an MSHA inspection began, and the Secretary sought his temporary reinstatement. Judge August F. Cetti…
Conakay Resources, Inc.
$26,814 penalty affirmed
Conakay Resources did not contest the violations in three consolidated civil-penalty dockets, but argued that its financial condition justified reducing the penalties. Judge Avram Weisberger found the company’s financial evidence insufficient to establish that it could not continue in business or…
James Lee Hancock, employed by Pittsburgh & Midway Coal Company
Motion to dismiss denied and penalty filing accepted
James Lee Hancock, an employee of Pittsburgh and Midway Coal Company at the Cimmarron Mine, asked the judge to dismiss a personal civil-penalty case because the Secretary had taken too long to file the penalty petition. Judge Paul Merlin accepted the Secretary’s explanation for the filing delays…
Sandy Jones Construction
Settlement approved for $1,500
Sandy Jones Construction faced a proposed $4,000 civil penalty for a mine safety violation at the Sedillo Hill operation. Judge George A. Koutras approved a settlement reducing the penalty to $1,500 after the Secretary explained that the cited standard was subject to differing interpretations and…
Megan Kisha Monette (Putative Child of Stephen O. Metoyer) v. Chevron USA Incorporated
Monette v. Chevron USA (BRB 89-1330): unapproved settlement bars death benefits
A claim for Longshore death benefits was filed for Megan Monette after her putative father, a Chevron platform worker, died in a work related helicopter crash. Her representative later settled a third party damages suit for about $5,700 without Chevron's written approval. On reconsideration, the…
Mashantucket Sand & Gravel
Commission holds OSH Act inapplicable to reservation-only tribal enterprise
Mashantucket Sand & Gravel was a business wholly owned and managed by the Mashantucket Pequot Tribe that worked only on the Tribe's Connecticut reservation. OSHA issued three serious citation items with $2,000 in proposed penalties and two other-than-serious items without penalties. The parties…
Armstrong Steel Erectors, Inc.
Commission affirms four fall and impalement violations on bridge project
Armstrong Steel Erectors, Inc. was widening and rehabilitating an Interstate 70 bridge in Ohio. The Commission affirmed four serious violations involving unguarded planks used as runways between girders, unguarded painters' picks used as scaffolds, unguarded concrete pier tops used as work…
National Air Traffic Controllers Association and U.S. Department of Transportation, Federal Aviation Administration
NATCA and FAA (FLRA 0-AR-2560): Training credit award split
Three FAA air traffic controllers sought credit for time spent in training programs they had not completed. An arbitrator granted retroactive promotions and backpay. The Authority set aside the award for two controllers who sought higher grades through competitive promotion, holding that incomplete…
Stewart Kessen
Settlement approved for $2,291.80
Stewart Kessen Crushing faced eight proposed civil penalties totaling $3,274 for conditions cited at its operation. Judge August F. Cetti approved the parties’ settlement after finding it consistent with the Mine Act’s penalty criteria. The approved penalties totaled $2,291.80, payable within 30…
Department of Veterans Affairs, Hunter Holmes McGuire VA Medical Center, Richmond, Virginia and American Federation of Government Employees, Local 2145
Richmond VA Medical Center and AFGE Local 2145 (FLRA 3-CA-10626): Applicant rating withheld
AFGE Local 2145 sought an outside selectee's Office of Personnel Management rating while pursuing grievances over a maintenance mechanic vacancy at the Richmond VA Medical Center. An administrative law judge ordered the VA to provide the rating. The Authority reversed, finding that the rating could…
W-P Coal Company
Appeal withdrawn and proceeding dismissed
W-P Coal Company asked to withdraw its appeal after reaching a settlement with the Secretary in related proceedings. The Commission noted that an administrative law judge had approved that settlement and dismissed the related cases. It granted the motion, vacated its direction for review, and…
Gary Wayne Crabtree and Danny Keith Crabtree, employed by J&E Coal Company Incorporated
Gary Wayne Crabtree and Danny Keith Crabtree (FMSHRC VA 95-17 and VA 95-18): One violation established and settlements approved
Gary Wayne Crabtree and Danny Keith Crabtree were employed by J&E Coal Company at Mine No. 1. The Secretary alleged that both men knowingly authorized violations involving coal and coal dust accumulations and inadequate rock dusting. Judge T. Todd Hodgdon approved Danny Keith Crabtree’s settlement…
Mobile River Terminal Co., Inc.
Gangway citation vacated because its foot overlapped the apron
Mobile River Terminal Co., Inc. operated a marine terminal in Mobile Bay, Alabama. OSHA cited the company under the rule requiring a railed walkway when a ship's gangway foot is more than one foot from the edge of the apron. The compliance officer testified that the closest edge of the gangway…
U.S. Department of Defense, Defense Distribution Region East and American Federation of Government Employees, Local 2004
Defense Distribution Region East and AFGE Local 2004 (FLRA 0-AR-2666): attorney fee amount returned to arbitrator
Employees at a Defense Department distribution facility won an arbitration award for environmental differential pay after exposure to toxic chemicals. The arbitrator later awarded the union $18,438.72 in attorney fees. The agency challenged both the employees' eligibility for fees and the hourly…
American Federation of Government Employees, Local 2214 and U.S. Department of the Army, Fitzsimmons Army Medical Center
AFGE Local 2214 and Fitzsimmons Army Medical Center (FLRA 0-AR-2599): overtime grievance award upheld
The union representing firefighters and other nonexempt employees at Fitzsimmons Army Medical Center challenged how the Army paid regularly scheduled overtime during paid leave. An arbitrator ruled that employees scheduled for recurring overtime should not lose customary pay during approved paid…
U.S. Department of Veterans Affairs, Medical Center, Veterans Canteen Service, Newington, Connecticut and National Association of Government Employees, Local R1-109
Newington VA Medical Center and NAGE Local R1-109 (FLRA BN-CA-20960): performance records withheld
NAGE Local R1-109 sought performance ratings and supporting records for employees at a VA medical center while pursuing grievances about other employees' appraisals. The VA had supplied records for the grievants but refused to release the requested records for employees who had not filed…
Calvin L. Sisson
Employee abatement-date contest dismissed after all deadlines passed
Calvin L. Sisson, an employee of Pipeline Development Co., contested the reasonableness of the abatement dates in two OSHA citations issued to his employer. His filings also sought a new investigation, additional violations, and review of the settlement between OSHA and Pipeline. Administrative Law…
Arcadian Corporation
Commission upholds dismissal of 86 duplicate general duty items and remands for separate-hazard review
Arcadian Corporation manufactured fertilizer at a Louisiana plant where an after-hours urea-reactor explosion destroyed the facility and injured three employees and four other people. OSHA issued 87 willful general duty clause items, one for each employee exposed to the conditions that led to the…
The Hartford Roofing Co., Inc.
Commission combines six roof exposures into one repeat violation and assesses $35,000
The Hartford Roofing Co., Inc. had six employees performing built-up roofing work near an inadequately protected edge of a 39-foot-high department-store roof. The company used neither warning lines nor a motion-stopping safety system, and its safety monitor was inadequate for the large roof and…
Fraternal Order of Police, Lodge 1-F and U.S. Department of Veterans Affairs, Providence Medical Center
Police Lodge 1-F and Providence VA Medical Center (FLRA 0-NG-2209): fixed shifts not negotiable
The union representing police officers at the Providence VA Medical Center proposed keeping their fixed work schedules. The VA planned to rotate shifts so officers would gain experience with different security conditions at the medical center. The Federal Labor Relations Authority found a…
Kenneth F. Cole v. U. S. Steel Mining Company
Refiled discrimination complaint dismissed as untimely
Kenneth F. Cole filed a discrimination complaint against U. S. Steel Mining Company concerning an alleged 1992 workplace incident at the Cumberland Mine. MSHA had rejected his original complaint in March 1992 and notified him that he could file his own Commission complaint within 30 days, but he…
J. R. Construction
Commission affirms dismissal after employer ignored answer and show-cause requirements
J. R. Construction timely contested OSHA citations arising from a Kansas City, Missouri construction site but did not answer the Secretary's formal complaint. It then failed to respond to the chief judge's show-cause order, which had been mailed to an address the company itself listed. After…
Regional Scaffolding & Hoisting Co.
Scaffold access deemed de minimis, missing rails and toeboards cost $700
Regional Scaffolding & Hoisting Co. erected a tubular welded-frame scaffold about 15 feet high for two employees welding at a White Plains, New York worksite. The employees climbed down scaffold rungs spaced 18 to 24 inches apart instead of using a nearby ladder. Chief Judge Irving Sommer found…
W.R. Mollohan, Inc.
Discrimination settlement approved
W.R. Mollohan, Inc. employed four painters and sandblasters at a coal processing plant. The workers alleged they were discharged after complaining about missing safety lines and belts while working at heights and missing choker connectors on high-pressure sandblasting hoses. Judge George A. Koutras…
American Federation of Government Employees, Local 1900 and U.S. Department of the Army, Headquarters, Forces Command, Fort McPherson, Georgia
AFGE Local 1900 and Army Forces Command (FLRA 0-NG-2212): one contract provision cleared for bargaining
The Army disapproved several provisions of its negotiated agreement with AFGE Local 1900, and the union appealed. The Federal Labor Relations Authority found that a provision on using lawfully obtained evidence in employee discipline was negotiable and ordered the Army to rescind its disapproval…
Opportunity Trucking, Inc.
Default order vacated and remanded
An administrative law judge entered a default order against Opportunity Trucking after the company did not answer the Secretary’s penalty proposal or the judge’s order to show cause. The judge assessed the proposed $800 penalty. The company then filed a motion explaining that its owner believed he…
Opportunity Trucking, Inc.
Default order vacated and remanded
An administrative law judge entered a default order against Opportunity Trucking after the company did not answer the Secretary’s penalty proposal or the judge’s order to show cause. The judge assessed the proposed $256 penalty. The company then filed a motion explaining that its owner believed he…
Phelps Dodge Morenci, Inc.
Motion for relief withdrawn
Phelps Dodge Morenci asked to withdraw its motion seeking relief from a final penalty order. The company explained that MSHA had rescinded the proposed penalty assessment that prompted the motion. The Commission granted the withdrawal under Commission Procedural Rule 11.
Beco Construction Company
Settlement amount sent back for further discussion
Beco Construction Company was cited after it did not notify MSHA when Portable Crusher No. 2 was moved. The violation was designated non-significant and substantial, with high negligence, and carried an original proposed penalty of $1,000. The parties asked to reduce negligence to moderate and…
Konitz Contracting, Inc.
Five citations affirmed and $175 penalty assessed
Konitz Contracting operated portable crushers at a surface gold mine and other locations. The judge found five violations involving an unapproved miner training plan, an unprotected power cord, an unguarded rotating shaft, inadequate electrical circuit protection, and an unguarded tail pulley. Four…
Columbia Gas of Ohio, Inc.
Four trench items vacated, cave-in protection violation affirmed for $3,750
Columbia Gas of Ohio, Inc. sent an employee to weld a leaking gas line in an L-shaped excavation dug by an independent contractor in Columbus, Ohio. The Secretary withdrew one citation item before the hearing. Administrative Law Judge Michael H. Schoenfeld vacated the competent-person item because…
U.S. Department of Energy and American Federation of Government Employees, Local 1995
Department of Energy and AFGE Local 1995 (FLRA WA-CA-30682): bargaining provision restored
An impasse panel ordered the Department of Energy's Morgantown center and AFGE Local 1995 to include a provision on union-initiated midterm bargaining in their agreement. The Department later disapproved the provision. The Federal Labor Relations Authority found that the provision was negotiable…
Whayne Supply Company
Raised-equipment citation affirmed and inspection citation vacated
Whayne Supply Company employee James Paul Blanton was killed while working beneath the belly pan of a bulldozer at a surface coal mine. The Judge found that Whayne violated the requirement to securely block raised machinery before work was performed underneath it, but concluded that the violation…
Rawl Sales and Processing Co.
Discrimination settlements approved after reinstatement
Robert Robinette and Dana Hager were reinstated with full backpay and benefits in discrimination proceedings involving Rawl Sales and Processing Co. The parties asked the Judge to approve a settlement that reduced the total proposed civil penalties from $18,000 to $10,000. Judge Arthur J. Amchan…
Murphy Enterprises, Inc., d/b/a Murphy Brothers Exposition
Failed Giant Wheel rope and missing sling inspections yield $10,000
Murphy Brothers Exposition was setting up a 90-foot carnival Ferris wheel in Dallas when a damaged wire rope failed, causing moving wheel components to kill two employees and seriously injure a third employee, whose leg was partially amputated. Administrative Law Judge Stanley M. Schwartz found…
Jim Walter Resources, Inc.
Imminent-danger withdrawal order dismissed
MSHA issued an imminent-danger withdrawal order after receiving reports that miners were using timbers and crib blocks in various ways to advance longwall shields, sometimes while holding the supports by hand near falling-rock and pinch-point hazards. Judge Avram Weisberger found that the practices…
Harlan Cumberland Coal Company
Dust citations affirmed and other matters resolved
Harlan Cumberland Coal Company faced five consolidated civil penalty proceedings involving mandatory Mine Act standards at its C-2 and D-1 mines. The Judge affirmed two citations for failing to provide valid respirable dust samples after finding that samples had to be received by the MSHA…
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.