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 Air Force, Oklahoma City Air Logistics Command, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916
Tinker Air Force Base employee suspension (FLRA 0-AR-2407): arbitration award set aside
The Air Force suspended a Tinker Air Force Base machine tool operator for fourteen days over illegal drug conduct. An arbitrator ordered reimbursement and removal of the suspension, reasoning that the parties' agreement required criminal proceedings instead of administrative discipline for the…
American Federation of Government Employees, Local 3197 and U.S. Department of Veterans Affairs, Medical Center, Seattle, Washington
VA Seattle employee suspension (FLRA 0-AR-2404): arbitration award upheld
A VA Seattle food service worker and union steward received a ten-day suspension for remarks about his supervisor. An arbitrator found sufficient evidence and just cause for the discipline. The union argued that the suspension violated the employee's free speech and protected union activity rights…
U.S. Equal Employment Opportunity Commission, Washington, D.C. and National Council of EEOC Locals No. 216, American Federation of Government Employees
EEOC performance improvement plans (FLRA WA-CA-20558): complaint dismissed
The EEOC adopted a policy allowing performance improvement plans lasting 30 to 90 days while the union had asked the Federal Service Impasses Panel to address their length. The Authority found the policy could materially affect employees and took effect after the union sought Panel assistance. But…
Brown Brothers Sand Company
Three electrical violations affirmed
MSHA cited Brown Brothers Sand Company, a small sand mine operator, for using an incorrect fuse, an improper fitting where a power cable entered an air-compressor compartment, and an inadequately insulated splice in a welder power cable. The judge found all three violations, concluded none was…
Stanley H. Rogers v. Ingalls Shipbuilding, Incorporated
Rogers v. Ingalls Shipbuilding (BRB 89-3716): $1,400 hearing-loss attorney fee upheld
Stanley Rogers won benefits for a small work-related hearing impairment after Ingalls Shipbuilding disputed his claim. His administrative law judge awarded counsel $1,400 in fees for 14 hours at $100 per hour, below the amount requested. Ingalls argued that counsel had not successfully prosecuted…
Federal Deposit Insurance Corporation, Washington, D.C. and Oklahoma City, Oklahoma and National Treasury Employees Union
FDIC Oklahoma City temporary appointments (FLRA 76-CA-10637): bargaining violation found
The FDIC did not renew the temporary appointments of thirteen Oklahoma City liquidation employees without first notifying their union or bargaining over procedures and arrangements for affected workers. The Authority found that nonrenewal changed their conditions of employment, even though the…
U.S. Department of Health and Human Services, Social Security Administration, San Francisco Region and American Federation of Government Employees, Council 147
SSA San Francisco career ladder promotions (FLRA 0-AR-2368): backpay award upheld
SSA's San Francisco Region selected employees for career ladder positions but promoted them based on the grade at which they appeared on a merged candidate list. An arbitrator read the parties' memorandum of understanding to require promotion from each selected employee's prior grade, if legal…
VP-5 Mining Company
Imminent-danger orders affirmed and citations vacated
MSHA issued two imminent-danger orders and two citations after finding methane readings in the gob of VP-5 Mining Company's longwall mine. The Commission affirmed the imminent-danger findings but reversed the judge's conclusion that VP-5 violated its ventilation plan. It vacated both citations…
UAE Coal Corp ASSOCIATES
UAE Coal Corporation Associates (FMSHRC PENN 93-181-D): Settlement approved
William Kroh brought a discrimination proceeding against UAE Coal Corporation Associates concerning the Harmony Mine. The parties filed a stipulation of settlement. Judge Arthur J. Amchan found the settlement consistent with the public interest, approved it, and ordered the case dismissed after…
U.S. Steel Group, Minnesota Ore Operations
Imminent-danger order affirmed
U.S. Steel Group contested an imminent-danger order and associated citation issued after an inspector saw a worker leaning under a raised railroad ore car that was not blocked or mechanically secured. The judge found that inspecting the underside of the raised car was work covered by the blocking…
Black Dragon Mining Company
Temporary reinstatement ordered after hearing request withdrawn
Black Dragon Mining Company operated the No. 1 Mine. The company withdrew its request for a hearing on the Secretary's application for temporary reinstatement of miner Kirby Senter after the Secretary represented that a permanent-reinstatement complaint would be filed by September 10, 1993. Judge…
Wilgar Land Company, Inc.
Settlement approved and penalty reduced
The Secretary sought civil penalties against Wilgar Land Company in two proceedings involving its No. 3 Mine. The parties proposed a settlement that reduced the penalty from $2,755 to $1,000. Judge Gary Melick approved the settlement and ordered payment in equal monthly installments beginning…
U.S. Department of Defense, Defense Logistics Agency, Defense Contract Management District North Central and American Federation of Government Employees, Local 2265
DLA contract administrators (FLRA CH-CU-20035): bargaining unit inclusion upheld
A regional director included six Defense Logistics Agency contract administrators in an existing bargaining unit, finding they were not management officials. The agency sought review because the employees negotiated with contractors and could bind the agency on contract matters. The Authority found…
L. M. Karnes, Employed by J. H. Shears' Sons, Incorporated
Settlement approved with one citation vacated
L. M. Karnes worked at the Stockton Quarry Mine for J. H. Shears' Sons, Incorporated. The Secretary alleged three violations involving explosives storage, work 18 feet above ground without a safety belt and line, and access to the work area. The judge approved the settlement after considering the…
Shelly and Sands, Inc.
Site-specific paving safety-program item vacated
Shelly and Sands was repaving a county road near Senecaville, Ohio, when a finish roller went over a berm and landed on its operator, who died from her injuries. OSHA alleged that the company lacked an adequate site-specific accident-prevention program for roller operations. The ALJ found that the…
United Power Trades Organization and U.S. Department of the Army, Army Corps of Engineers, North Pacific Division, Portland, Oregon
Corps of Engineers license fees (FLRA 0-NG-2141): reimbursement proposal nonnegotiable
The United Power Trades Organization proposed that the Army Corps of Engineers reimburse employees for licenses they had to hold as a condition of employment. The proposal covered motor vehicle and sewage treatment licenses, among others. The Authority found that the union had identified no…
Department of Health and Human Services, Regional Personnel Office, Seattle, Washington and Jeffrey A. Saul
HHS Seattle union experience (FLRA SF-CA-20065): reconsideration denied
The Department of Health and Human Services personnel office in Seattle had refused to credit an applicant's federal union experience when assessing his qualifications for a position. The Authority had found that refusal to be an unfair labor practice. The agency requested reconsideration, arguing…
U.S. Department of the Navy, Marine Corps, Washington, D.C. and Marine Corps Reserve Support Center, Overland Park, Kansas and American Federation of Government Employees, Local 2904
Marine Corps smoking areas (FLRA 7-CA-80594): bargaining case returned to judge
The Marine Corps changed the smoking areas at its Overland Park support center before finishing talks with the union. The Authority had previously found a bargaining violation, but a federal appeals court returned the case for further review. The Authority found the record insufficient to decide…
Department of Veterans Affairs, Finance Center, Austin, Texas and National Federation of Federal Employees, Local 1745
VA Finance Center information request (FLRA 6-CA-10701): case returned for a new hearing
A union requested an analyst's report about operations at the Department of Veterans Affairs Finance Center in Austin. The agency refused to provide it, and an administrative law judge ordered limited disclosure. During the hearing, the judge discussed the disputed report with agency counsel…
Mutual Mining, Inc.
Two miners temporarily reinstated after safety complaints
Mutual Mining discharged Cletis R. Wamsley and Robert A. Lewis shortly after they participated in a union safety inspection and requested an MSHA inspection. Judge Arthur J. Amchan found that the timing of the discharges and the company's knowledge of the safety activity established a prima facie…
Peabody Coal Company
Ventilation plan modification affirmed
Peabody Coal operated the Martwick Underground Mine, a methane-liberating mine subject to frequent spot inspections. On remand from the Commission, Judge Gary Melick considered whether the existing ventilation plan remained suitable and whether the Secretary's proposed changes were suitable…
C.D. Smith Construction Co., Inc.
Repeat unguarded-rebar violation affirmed
C.D. Smith Construction was performing general building work in Milwaukee, Wisconsin, where vertical reinforcing bars projected above a mezzanine deck without caps or guardrails. Employees came within three or four feet of the rebar while nailing plywood and returned within one or two feet while…
Fluidics/Poole & Kent Joint Venture
Grinder guard and fire-extinguisher items affirmed
Fluidics/Poole & Kent Joint Venture performed mechanical work at a site in Collegeville, Pennsylvania. An employee removed the guard from a hand grinder to work in a confined area, and the ALJ credited the compliance officer's testimony that the employee used it without reinstalling the guard…
American Federation of Government Employees, Local 3258 and U.S. Department of Housing and Urban Development, Boston Regional Office
HUD Boston mail system (FLRA 0-NG-2116): both union proposals negotiable
The union proposed rules for the Boston regional office's switch to a mail metering system. One proposal would distribute the added work fairly among affected employees. The Authority found that it limited management's assignment rights but was a negotiable arrangement for employees facing new…
Consolidation Coal Company
Decoupler citation modified and settlement approved
Consolidation Coal operated the Dilworth Mine and Blacksville No. 2 Mine. At Blacksville No. 2, ten mine cars had inoperable uncoupling devices, which could force miners to go between cars and expose them to crushing injuries. Judge Jerold Feldman found the violation significant and substantial…
American Federation of Government Employees, Council of Prison Locals, Local 3974 and U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, McKean, Pennsylvania
McKean prison hiring proposal (FLRA 0-NG-2133): employee preference nonnegotiable
The union proposed that the Bureau of Prisons give current employees preference over outside candidates when filling vacancies if their qualifications were relatively equal. The agency argued that the proposal limited its right to select candidates from any appropriate source. The Authority agreed…
U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Region West, Stockton, California and American Federation of Government Employees, Local 1857
Stockton overtime grievances (FLRA 0-AR-2424): backpay award set aside
Two Defense Logistics Agency employees claimed they had been denied overtime work. An arbitrator sustained their grievances and awarded each 17 hours of overtime pay. The agency challenged the award under the Back Pay Act. The Authority found that the arbitrator had not identified any law, rule…
Overseas Education Association, West Point Elementary School Teachers and U.S. Department of Defense, United States Military Academy, West Point, New York
West Point teacher reprimand (FLRA 0-AR-2397): arbitration award upheld
A West Point special education teacher was reprimanded after failing to complete a program form before a meeting as her supervisor had instructed. An arbitrator found just cause for the reprimand and rejected the union's procedural objections. The union argued that the arbitrator relied on…
Peabody Coal Company
Dust-control-plan citation affirmed with $100 penalty
Peabody Coal's Marissa Mine used a dust pump to collect a respirable-dust sample at the wrong side of a conveyor-belt transfer point. Judge Gary Melick found that the pump was upwind and in a less dusty location than the approved dust-control plan required, and that Peabody intended to submit the…
Senaida Maes (Widow of Joseph Maes) v. Barrett & Hilp and Lumberman's Mutual Casualty Company
Maes v. Barrett & Hilp (BRB 90-881, 90-881A): death benefit penalty awarded
Joseph Maes had worked briefly on barge construction for Barrett & Hilp and later died of pulmonary asbestosis. His widow Senaida won Longshore Act death benefits against the employer's carrier, Lumberman's Mutual. The Board upheld the carrier finding and coverage, and it agreed that the claim for…
Buffalo Crushed Stone, Inc.
Quarry citations modified with $820 total penalty
Buffalo Crushed Stone operated the Wehrle Quarry. The judge found that a haul-road berm was below the mid-axle height of the largest loader using the road and that berms around stone stockpiles were inadequate. The judge also found several exposed pulley and shaft hazards, but concluded that most…
MATTER OF H-M- et al.
Asylum appeal dismissed after changed conditions and criminal-law findings
The Board reviewed three Nicaraguan family members' appeal from the denial of asylum and withholding of deportation after they entered the United States without inspection. The Board took administrative notice of Nicaragua's change of government because the respondents had acknowledged that…
Hensel Phelps Construction Co.
Flammable-liquid storage item affirmed
Hensel Phelps was the general contractor for construction of a federal prison facility in Florence, Colorado. A painting subcontractor stored far more than 25 gallons of flammable and combustible liquids in a warehouse without an approved cabinet, near electrical equipment, smoking, and employee…
Dover Elevator Company
Unsecured-ladder item reduced to de minimis by settlement
Dover Elevator was an elevator subcontractor on a renovation project in New York City where OSHA issued serious, repeat, and other-than-serious citations. The Commission directed review only of an unsecured portable ladder item that the ALJ had affirmed as repeated with a $1,000 penalty. In a…
Patent Office Professional Association and U.S. Department of Commerce, Patent and Trademark Office
Patent classifier performance rules (FLRA 0-NG-2054): three proposals negotiable
The Patent and Trademark Office and the union disputed seven proposals about how patent classifiers would be evaluated and how their errors would be recorded. The Authority found that proposals for separate performance records and union reports on errors were negotiable. It found several other…
American Federation of Government Employees, Local 1345 and U.S. Department of the Army, Headquarters, Fort Carson and Headquarters, 4th Infantry Division, Fort Carson, Colorado
Fort Carson workplace proposals (FLRA 0-NG-1996): bargaining ordered on selected terms
The union and Fort Carson disputed 19 proposals covering work assignments, leave, safety, discipline, and contracting. The Authority found some terms negotiable, including supervisor discussions of position descriptions, certain safety training, and precautions for work in confined spaces. It found…
Energy West Mining Company
Unapproved diesel trucks barred during longwall setup
Energy West Mining Company used three unapproved diesel-powered Isuzu trucks in a two-entry longwall panel at its Cottonwood Mine while preparing to install longwall equipment. Judge Michael A. Lasher, Jr. held that the mine’s modification order required approved diesel equipment during the setup…
Asamera Mineral (US), Inc.
Settlement approved and $50 penalty ordered
Asamera Mineral (US), Inc. faced one civil penalty proceeding involving the alteration of an accident scene at the Cannon Mine. After the judge initially disapproved the parties’ settlement and requested more information, the operator explained that MSHA had approved moving the equipment and that…
Navajo Concrete Inc.
Default order vacated and remanded
Navajo Concrete failed to answer the Secretary's proposed civil-penalty assessment and a judge's order to show cause, leading the judge to enter a default order assessing $1,371. Navajo's president later sent a letter saying the company had replied to a Department of Labor attorney. The Commission…
Carl Schlegel, Inc.
Mixed findings and $1,297 in penalties
Carl Schlegel operated a portable crushing plant and a dredging worksite in Michigan. Judge Arthur J. Amchan affirmed violations involving unguarded moving machine parts, a front-end loader bucket, a defective parking brake, an unguarded walkway, and a bridge without berms or guardrails, while…
MATTER OF ISBER
Second visa petition allowed, but evidence did not overcome prior sham-marriage admissions
The Board reviewed a United States citizen's appeal from the denial of a visa petition for her Syrian spouse. She had previously withdrawn a petition after admitting that the marriage was entered into as a favor to help him obtain residency, then filed a second petition asserting that the marriage…
American Federation of Government Employees, Local 1770 and U.S. Department of the Army, Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina
Fort Bragg ambulance sleep periods (FLRA 0-AR-2414): limited backpay award upheld
Fort Bragg ambulance employees worked 24-hour shifts with scheduled sleep periods. An arbitrator found their sleeping conditions inadequate but awarded backpay only for periods when an employee recorded no sleep and received less than five hours of sleep. The union sought pay for all employees on…
National Association of Government Employees, Local R5-188 and U.S. Department of the Air Force, Seymour Johnson Air Force Base, North Carolina
Seymour Johnson switchboard jobs (FLRA 0-AR-2390): arbitration award upheld
Seymour Johnson Air Force Base abolished three civilian switchboard positions in a reduction in force and later assigned some switchboard duties to existing military personnel. A former civilian operator grieved, saying that the assignments violated Air Force regulations and the union agreement. An…
Diablo Coal Company
Late contests dismissed for lack of jurisdiction
Diablo Coal Company filed contests of five citations and orders 33 days after receiving them, three days beyond the Commission’s 30-day deadline. Judge David F. Barbour held that the late filing deprived the Commission of jurisdiction and dismissed the proceedings. The judge noted that Diablo could…
Lloyd A. Partin v. Amax Coal Company
Discrimination proceeding dismissed with prejudice after withdrawal
Lloyd A. Partin’s counsel reported that the parties had reached a settlement and requested withdrawal of Partin’s claims. Judge Michael A. Lasher, Jr. approved the voluntary withdrawal under Commission Procedural Rule 11. The discrimination proceeding was dismissed with prejudice.
Consolidation Coal Company
Failed trolley-wire insulators affirmed as significant and substantial
At Consolidation Coal Company’s Dilworth Mine, three trolley-wire hangers had failed as insulators, allowing heat, smoke, flame, or arcing near the mine roof and combustible material. Judge Gary Melick rejected the Secretary’s theory that electrical contact alone violated the standard, but found…
Dolese Brothers Company, aka Dolese Bros., A Corporation
Manbasket safety citation affirmed after 19-foot fall
At Dolese Brothers’ Hartshorne Rock Quarry, employee Terry Allen was working from a manbasket suspended by the load line of a crane when the line two-blocked and broke, causing a fall of about 19 feet and serious injuries. Judge William Fauver found that the manbasket was a raised component of…
B & M Construction
Three scaffold access and fall-protection items affirmed
B & M Construction performed asbestos removal around a boiler at a City of Lubbock power plant. OSHA found no access ladder, two unguarded openings in a walkway about 12 feet above the ground, and an unguarded I-beam used as a walkway. B & M argued that employees had not worked on the boiler…
U.S. Department of the Navy, Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482, AFL-CIO
Barstow Marine Corps work details (FLRA 8-CA-90328): bargaining complaint dismissed
The Marine Corps Logistics Base in Barstow detailed employees and moved work between units without notifying the union or bargaining over the changes. The Authority had earlier found a bargaining violation, but a federal appeals court returned the case for reconsideration. On remand, the Authority…
Simpson Paper Company et al.
In re Simpson Paper Company et al. (EAB NPDES Appeal No. 92-26): appeal dismissed in part
Recreational users of Pacific Ocean waters near California's Samoa Peninsula challenged provisions in federal Clean Water Act permits for pulp mills operated by Simpson Paper Company and Louisiana-Pacific Corporation. The Environmental Appeals Board addressed the portion concerning…
U.S. Department of Justice, Immigration and Naturalization Service, U.S. Border Patrol, El Paso, Texas and American Federation of Government Employees, National Border Patrol Council
El Paso Border Patrol shift change (FLRA 6-CA-00077): bargaining complaint returned to judge
The Border Patrol temporarily ended an evening shift in an El Paso unit and reassigned affected employees. An administrative law judge found that the agency violated its duty to bargain with the union over the change. The agency argued that the parties' agreement already allowed the scheduling…
American Federation of Government Employees, Local 2145 and U.S. Department of Veterans Affairs, Hunter Holmes McGuire Medical Center, Richmond, Virginia
Richmond VA work schedules (FLRA 0-NG-2099): proposal nonnegotiable
The Richmond VA medical center moved several employees from earlier starting times to an existing 8:00 a.m. tour. The union proposed keeping the previous schedules and called them flexitours. The Authority found no negotiated alternative work schedule in place that would support the union's claim…
American Federation of Government Employees, Local 2143 and U.S. Department of Veterans Affairs, Medical Center, Boston, Massachusetts
Boston VA police shifts (FLRA 0-NG-2062): rotation proposal nonnegotiable
The Boston VA medical center adopted rotating shifts for its police officers so each officer would gain experience across different conditions. The union proposed continuing a practice under which officers could request openings on other shifts. The Authority found that the proposal would require…
American Federation of Government Employees, Local 2029 and U.S. Department of Defense, Defense Distribution Region West, Tracy Depot, Tracy, California
Tracy Depot annual leave (FLRA 0-AR-2419): arbitration award upheld
The union said Tracy Depot should have scheduled 1992 annual leave by seniority within each job title, series, and grade, instead of treating the receiving branch as one job category. An arbitrator found that the union had not proved a violation of the agreement or past practice, though he directed…
U.S. Department of the Navy, Naval Air Station Miramar, San Diego, California and American Federation of Government Employees, Local 3723
Miramar promotion selection (FLRA 0-AR-2416): retroactive promotion upheld
An employee at Naval Air Station Miramar was the second highest rated candidate for a supervisor position. An arbitrator found that the selected candidate's application was late and should not have been considered, making the grievant the highest rated eligible candidate. He ordered a retroactive…
U.S. Department of the Air Force, Air Force Flight Test Center, Edwards Air Force Base, California and American Federation of Government Employees, Local 3854
Edwards Air Force Base harassment remedy (FLRA 0-AR-2385): assignment restriction removed
An Edwards Air Force Base aircraft mechanic grieved sexual harassment by supervisors in her work unit. An arbitrator found a hostile work environment and ordered the supervisors to attend harassment training; he also required higher management to approve all future assignments those supervisors…
M A G Incorporated
Settlements totaling $21,000 approved across 14 dockets
M A G Incorporated contested 54 alleged safety and health violations across 14 dockets at Alloy Deep Mine No. 2. The parties reported that the operator was a small mine with poor financial condition, that no accidents or injuries resulted from the cited conditions, and that all conditions were…
Consolidation Coal Company
Settlement approved and S&S designation deleted
Consolidation Coal Company settled a citation alleging that trolley wire at a mantrip station was not adequately guarded. The Secretary stated that available evidence could not establish that the condition was significant and substantial, and the parties proposed reducing the penalty from $206 to…
Montana Resources, Inc.
Settlement vacated and remanded for genuine agreement
Montana Resources asked the Commission to approve a settlement, but the Secretary objected to one paragraph of the proposed agreement. The judge approved the settlement without addressing that dispute. The Commission held that the motion was premature because the parties had not reached a genuine…
Helen Mining Company
Discrimination settlements approved for $1,000
Helen Mining Company agreed to settle discrimination proceedings involving five miners and allegations under section 105(c) of the Mine Act. The company admitted violations solely for settlement purposes, agreed to pay $500 in each case for a total of $1,000, and agreed that its superintendent…
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.