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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Department of the Army, U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, Indiana and Finance and Accounting Office for the Secretary of the Army, St. Louis, Missouri and American Federation of Government Employees, Local 1411
Army pay delivery changes (FLRA 5-CA-70420): bargaining complaint dismissed
The Army changed when civilian employees received their paychecks and how long after a pay period they were paid. The union proposed several terms, including a choice among mailed checks, direct deposit, and hand delivery. On remand, the Authority found that a prior agreement already settled…
Toler Creek Energy, Inc.
Settlement approved and proceeding dismissed with prejudice
The Secretary of Labor, on behalf of Brian K. Moore, brought a temporary reinstatement proceeding against Toler Creek Energy, Inc. The parties reached an amicable settlement and jointly moved to dismiss the proceeding with prejudice. Judge Roy J. Maurer approved the settlement, granted the motion…
Secretary of Labor v. Husky Coal Company, Inc.
Solicitor ordered to explain paid assessment
The Solicitor moved to dismiss the civil penalty proceeding because Husky Coal had paid a revised penalty assessment. The motion did not identify the revised amount or explain why the payment satisfied the Mine Act. Chief Administrative Law Judge Paul Merlin reminded the Solicitor that the…
Ocean Concrete Contractors, Inc.
Floor-opening and rebar hazards affirmed
Ocean Concrete was a subcontractor constructing a building at the Naval Submarine Base at Kings Bay, Georgia. Employees worked at the edges of an unguarded five-by-eight-foot stairwell opening and an unguarded open-sided platform about eight feet above the ground. They also worked near uncapped…
U.S. Department of the Air Force, 2750th Air Force Base Wing, Wright-Patterson Air Force Base, Ohio and International Association of Machinists and Aerospace Workers, Local 2333
Wright-Patterson shop suspension (FLRA 0-AR-2409): arbitration award upheld
A mason at Wright-Patterson Air Force Base received a three-day suspension after remarks at a shop meeting that co-workers said they found threatening. An arbitrator found just cause for the suspension and denied the grievance. The union argued that the arbitrator framed the issue incorrectly…
Cornell and Company, Inc.
Withdrawal leaves serious fall-protection violation final
Cornell and Company performed structural steel work while dismantling part of a coker unit at Mobil's Paulsboro Refinery in New Jersey. OSHA observed two employees walking beams about 80 to 90 feet above lower surfaces without safety nets, lifelines, or other fall protection. The ALJ accepted that…
Secretary of Labor v. Consolidation Coal Company
Coal-dust order modified and penalty set at $1,300
The case concerned a section 104(d)(2) order alleging an impermissible accumulation of combustible coal dust at Consolidation Coal's Osage No. 3 Mine. The operator stipulated that the violation occurred, and the remaining issues were whether it was significant and substantial and resulted from…
Secretary of Labor v. Level Land Mining Corporation
Settlement approved and penalty reduced to $250
The Secretary sought approval of settlement agreements in three civil penalty proceedings against Level Land Mining Corporation. The proposed settlement reduced the penalty from $317 to $250. Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria. He approved…
Allied-Signal, Inc. (Frankford Plant)
In re Allied-Signal, Inc. (Frankford Plant) (EAB RCRA Appeal No. 90-27): review denied in part and permit remanded in part
Allied-Signal operated a phenol and acetone production facility in Philadelphia, Pennsylvania, under a RCRA permit issued by EPA Region III. The company challenged the permit's dispute-resolution process, a requirement to notify owners and residents of overlying property about groundwater…
United Mine Workers of America on Behalf of Charles Mark Rosen, et al. v. Saginaw Mining Company
Discrimination settlement approved for $200
The United Mine Workers of America brought a discrimination complaint under section 105(c)(3) on behalf of Charles Mark Rosen and other complainants. Saginaw Mining Company agreed, without admitting discrimination, to pay $200 to District 6 and Local Union 9695 for distribution to the complainants…
Michael T. Simonds v. Pittman Mechanical Contractors, Incorporated
Simonds v. Pittman Mechanical (BRB 91-1319): pier pipeline welder covered
Michael Simonds welded fuel, steam, and water pipelines on a Navy pier used to supply ships and reported a back injury from the work. Pittman Mechanical argued that welding those pipes was not maritime employment, disputed the work connection to the injury, and challenged the wage calculation. The…
Billy R. Kelly v. Ingalls Shipbuilding, Incorporated
Kelly v. Ingalls Shipbuilding (BRB 91-1051): hearing-loss settlement upheld
Billy Kelly and Ingalls Shipbuilding settled a disputed occupational hearing-loss claim for $5,000 in compensation and $500 for medical expenses. The Director challenged broad release language in the agreement, arguing that it could improperly waive claims that did not yet exist. The Board read the…
Ardella Glenn v. Todd Pacific Shipyards Corporation and Fireman's Fund Insurance Company
Glenn v. Todd Pacific Shipyards (BRB 90-883): third-party settlement ruling left intact
Ardella Glenn developed asbestosis after shipyard work and later settled claims against third parties. The Board had previously held that her failure to obtain employer approval for those settlements did not bar Longshore Act benefits because the settlements were not for less than her entitlement…
Secretary of Labor on Behalf of Danny Shepherd v. Adena Fuels, Incorporated
Discrimination settlement approved and sealed
The Secretary of Labor filed a discrimination complaint on behalf of Danny Shepherd against Adena Fuels under section 105(c)(2) of the Mine Act. After discovery and before the scheduled hearing, the parties reached a full and final settlement. The settlement included a $100 civil penalty to MSHA…
U.S. Department of the Treasury, U.S. Customs Service, Nogales, Arizona and National Treasury Employees Union, Chapter 116
Nogales Customs arbitration (FLRA 0-AR-2429): late exceptions dismissed
The Customs Service filed exceptions to an arbitration award after the filing deadline. It argued that the award was not final while the arbitrator retained jurisdiction to consider attorney fees. The Authority found that the award on the merits was already final and that the possible fee issue did…
Secretary of Labor on behalf of Richard E. Glover v. U.S. Steel Mining Company, Inc.
Training compensation claims dismissed
Richard E. Glover, a United Mine Workers representative, attended newly employed experienced miner training at U.S. Steel's Shawnee Mine but was not paid for the training. The Secretary claimed that the failure to pay supported a discrimination complaint and violated the training-compensation rule…
Asarco Mining Company v. Secretary of Labor
Ground-support citation affirmed
The Commission reviewed a citation issued to Asarco for failing to provide ground support in the ribs of the UQ 1 haulage drift at its underground Troy, Montana mine. The Commission held that the citation adequately described the hazardous condition, that the Secretary retained the burden of…
Mountain Cement Company, a Wyoming Partnership
Electrical-safety citation affirmed, $30,000 penalty assessed
Mountain Cement Company operated a limestone and cement mill where a working electrical foreman entered a compartment containing both deenergized and energized high-voltage circuits while troubleshooting equipment. The foreman contacted an energized component and died from electrocution. Judge John…
Consolidation Coal Company
Water-accumulation order affirmed
Consolidation Coal Company challenged an order issued at its Dilworth Mine for a hazardous accumulation of muddy water in a mine entry. Judge Avram Weisberger found that the water was a hazardous condition under 30 C.F.R. § 75.364 because it extended across the entry, obscured the floor, and could…
Costain Coal Incorporated
Settlements approved with listed settlement amounts
Costain Coal Incorporated contested civil penalty proposals covering seven related dockets and 22 alleged violations at its mines. The parties agreed to pay the original assessments for 16 citations and negotiated reduced amounts for six others. Judge George A. Koutras approved the settlements…
Fort Campbell Dependents Schools, Fort Campbell, Kentucky and Fort Campbell Education Association, OEA/NEA
Fort Campbell Schools election (FLRA 4-RO-10015): employer objections rejected
Fort Campbell Dependents Schools challenged a mail ballot election that the Fort Campbell Education Association won by 130 votes to 125. The schools argued that their inquiry into an address label allegation might have made teachers who opposed the union fear reprisal. The regional director found…
Social Security Administration and National Treasury Employees Union and American Federation of Government Employees
SSA headquarters literature permits (FLRA 3-CA-10859): complaint returned for more evidence
The National Treasury Employees Union sought permits for organizers who did not work at the Social Security Administration to distribute literature outside its Maryland headquarters. SSA denied the requests while another union represented its employees. After a federal appeals court returned the…
National Federation of Federal Employees, Local 1332 and U.S. Department of the Army, Army Materiel Command, Alexandria, Virginia
Army Materiel Command and NFFE Local 1332 (FLRA 0-NG-2120): evaluator rank proposal rejected
The union proposed a table matching military ranks to civilian grades for performance evaluations at Army Materiel Command. It also proposed that military evaluators of civilian employees rank at least one grade above the employees they rated. The Authority found that the part concerning civilian…
American Federation of Government Employees, Local 3947 and U.S. Department of Justice, Federal Bureau of Prisons, Federal Medical Center, Rochester, Minnesota
AFGE Local 3947 and Rochester Federal Medical Center (FLRA 0-AR-2412): 14-day suspension upheld
A Rochester federal prison suspended a warehouse worker leader for 14 days after an inmate assault, citing her emergency response and statements during the investigation. An arbitrator found just cause for the suspension, and the union challenged the award. The Authority held that the arbitrator…
American Federation of Government Employees, Local 2076 and U.S. Department of Justice, Immigration and Naturalization Service
Immigration inspectors' shift trades (FLRA 0-AR-2405): award upheld
Two immigration inspectors asked to trade shifts, which would have put them on duty for 16 consecutive hours. The agency refused, citing fatigue, and an arbitrator found that it had not shown the inspectors could not do their work adequately during such shifts. The Authority rejected the agency's…
Action Craft, Inc.
Penalties reduced for eight manufacturing violations
Action Craft manufactured small fishing boats with about 18 employees at a facility in Cape Coral, Florida. OSHA cited eight serious conditions involving storage-area load limits and railings, dispensing flammable liquids, a modified forklift, and guarding on a cylinder machine, bandsaw, and bench…
Catalina Freight Lines
Barge vehicle-guarding and recordkeeping items affirmed
Catalina Freight Lines loaded and unloaded cargo vehicles on a barge at its Wilmington, California terminal. Five days after a front loader backed over the bow, OSHA observed forklifts and trailers operating with only an eight-inch angle iron around the deck edge. The ALJ held that Coast Guard…
International Federation of Professional and Technical Engineers, Local 11 and U.S. Department of the Navy, Mare Island Naval Shipyard, Mare Island, California
Mare Island Naval Shipyard and IFPTE Local 11 (FLRA 0-NG-2112): selective reduction-in-force area rejected
The Defense Finance and Accounting Service planned to take over accounting work at Mare Island Naval Shipyard, transferring about 11 shipyard employees. Their union proposed keeping their rights to compete for certain shipyard jobs if the new employer later reduced its workforce. The Authority read…
Department of Health and Human Services, Regional Personnel Office, Seattle, Washington and Jeffrey A. Saul
Seattle HHS personnel office and Jeffrey Saul (FLRA SF-CA-20065): union experience must count
A Seattle federal personnel office refused to count an employee's union representative experience when evaluating him for a management analyst position. It also excluded all federal union activity from its merit selection process, while crediting other volunteer and outside activities. The…
New England Industries, Inc.
Repeat and failure-to-abate items affirmed
New England Industries manufactured jewelry parts in Providence, Rhode Island, and was reinspected after failing to document correction of earlier safety and health violations. The ALJ affirmed a repeated exit-route item because broken concrete and an uneven walkway created trip hazards similar to…
Madison Underground, Inc.
Commission declines declaratory review of trench item
Madison Underground performed sewer and water-main work in two unprotected excavations in New Berlin, Wisconsin. The ALJ affirmed one willful trench-protection item because an employee entered the north excavation, the company had no communicated rule against entry into unprotected trenches, and it…
General Services Administration and American Federation of Government Employees, Council 236
GSA and AFGE Council 236 (FLRA 0-AR-2400): chemist's performance plan rescinded
The General Services Administration rated a chemist's performance unacceptable and placed him on an improvement plan. An arbitrator found that the agency applied a revised performance plan retroactively, had not clearly explained the standards or supplied needed training, and had violated its…
Consolidation Coal Company
Accident-reporting citations settled for $60
Consolidation Coal Company contested three citations for accident reports that omitted descriptions of steps taken to prevent similar occurrences, as required by 30 C.F.R. § 50.11(b)(8). Judge George A. Koutras found that the omissions were technical violations and that the operator's mitigating…
Brine Disposal Well, Montmorency County, Michigan
In re Brine Disposal Well, Montmorency County, Michigan (EAB UIC Appeals Nos. 92-4, 92-5, 92-6, and 92-6A): review denied
EPA Region V issued a federal Underground Injection Control permit to PetroStar Energy for a Class II well on state-owned land in Montmorency County, Michigan. Four petitioners challenged the permit based on subsurface property rights, possible migration beneath neighboring properties, financial…
Zeigler Coal Company
Remand settlement approved, $275 penalty assessed
Zeigler Coal Company had previously been found to have violated 30 C.F.R. § 75.507 at its Murdock Mine. The Commission later affirmed the violation, vacated the significant-and-substantial finding, and remanded for further analysis. On remand, Judge George A. Koutras approved the parties'…
Lyman-Richey Sand & Gravel Company
Power-line citation affirmed, $3,000 penalty assessed
Lyman-Richey Sand & Gravel Company operated a sand mine where a crane boom contacted energized high-voltage power lines while employees were trying to repair the crane. One employee died and another suffered serious burns. Judge David F. Barbour found that the operator violated 30 C.F.R. § 56.12071…
Estelle Fineman v. Newport News Shipbuilding and Dry Dock Company
Fineman v. Newport News Shipbuilding (BRB 91-1623A): death award upheld, Fund relief remanded
Charles Fineman developed work-related asbestosis after years as a shipfitter and later died following a cerebellar hemorrhage. His widow, Estelle, received Longshore Act death benefits after the administrative law judge found that the lung disease hastened his death. The Board upheld that finding…
American Federation of Government Employees, Local 2017 and U.S. Department of the Army, Headquarters, U.S. Army Signal Center and Fort Gordon, Fort Gordon, Georgia
Fort Gordon and AFGE Local 2017 (FLRA 0-NG-2129): uniform proposal petition dismissed
Fort Gordon required certain employees to wear uniforms and arranged for cleaning and pickup during duty hours. The union proposed that management deliver clean uniforms and collect soiled ones at a convenient hospital location. After the union filed an unfair labor practice charge, a regional…
American Federation of Government Employees, National Council of SSA Field Operations Locals (C-220) and U.S. Department of Health and Human Services, Social Security Administration, District Office, Warren, Ohio
SSA Warren office and AFGE council (FLRA 0-NG-2117): peer review limits rejected
The union and Social Security Administration disputed part of an agreement governing how case peer reviews would feed into employee performance assessments. The provision would require a representative sample of peer reviewed cases and remove certain reviews prepared by bargaining unit employees…
U.S. Department of Defense, Defense Contract Audit Agency, Northeastern Region, Lexington, Massachusetts and American Federation of Government Employees, Council of Locals 163
Defense Contract Audit Agency and AFGE Council 163 (FLRA 0-AR-2381): official-time pay limited to work done
The Defense Contract Audit Agency denied union officials' requests for paid time to prepare grievances and unfair labor practice matters. An arbitrator found that the agreement covered 20 denied requests and awarded 87 hours of reimbursement. The Authority held that a separate unfair labor practice…
Norfolk Naval Shipyard, Portsmouth, Virginia and Tidewater Virginia Federal Employees Metal Trades Council (PEPS Unit), International Federation of Professional and Technical Engineers, Local 35, AFL-CIO
Norfolk Naval Shipyard and IFPTE Local 35 (FLRA WA-CU-20587): unit review denied
Norfolk Naval Shipyard reassigned former ship schedulers as ship production controllers in its engineering and planning department. IFPTE Local 35 sought to keep the employees in its existing bargaining unit, but a regional director found that their changed duties and organization separated their…
Danny Owens, employed by J & T Coal Incorporated
Six-violation settlement approved for $1,200
Danny Owens, an agent of J & T Coal Incorporated, was charged under section 110(c) of the Mine Act with knowingly authorizing, ordering, or carrying out actions resulting in six alleged mandatory-standard violations. Owens stipulated to the violations and agreed to a settlement after presenting…
Federal Employees Metal Trades Council, AFL-CIO, Mare Island Naval Shipyard and Dan Goin
Mare Island metal trades council and Dan Goin (FLRA SF-CO-20795): dues deduction restored
After a Mare Island employee moved from a pipefitter position to a painter position, the metal trades council told the shipyard to stop deducting his Pipefitters union dues. The employee remained a Pipefitters member, and the council remained his exclusive representative under the same bargaining…
Farco Mining of Texas Inc.
Settlement approval denied pending information
Farco Mining of Texas and the Secretary jointly sought approval of settlements covering seven alleged violations in two dockets. The proposed settlements would have reduced the penalties from $8,630 to $3,335 in CENT 93-24 and from $7,000 to $3,400 in CENT 93-48, while also removing…
Donald L. Giacomo, employed by Wyoming Fuel Company
Unsafe machinery order affirmed, $700 penalty assessed
Donald L. Giacomo, an employee of Wyoming Fuel Company, was charged after a continuous miner was operated with a nonfunctioning remote-control feature and a person was placed in the cab to operate the cutter-head function. Judge John J. Morris found that the unsafe equipment violated 30 C.F.R. §…
Sacramento Air Logistics Center, McClellan Air Force Base, California and American Federation of Government Employees, Local 1857, AFL-CIO
Sacramento Air Logistics Center and AFGE Local 1857 (FLRA SF-CA-20559): awards bargaining complaint dismissed
AFGE Local 1857 asked the Sacramento Air Logistics Center to bargain during the contract term over ceremonies and information posting for sustained superior performance awards. The center refused, and an unfair labor practice complaint followed. The Authority retained its general rule that agencies…
Renewal Arts Contracting Corp.
Electrical grounding violations affirmed
Renewal Arts Contracting was performing construction work in the Bronx, New York. An employee used a drill and extension cord with missing grounding pins, and the company's project manager knew about the defective equipment. The ALJ affirmed a serious violation because the missing continuous ground…
U.S. Department of Justice, Office of the Inspector General; United States Immigration and Naturalization Service, El Paso, Texas; and American Federation of Government Employees, INS Council, Local 1210
Justice inspector general and INS Council (FLRA 6-CA-10109): witness interview required union representation
Justice Department inspector general agents interviewed an Immigration and Naturalization Service employee about alleged misconduct. They allowed his union representative to attend while he was a subject of the interview, then excluded her while questioning him as a witness despite his request. The…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration and AFGE (FLRA WA-CA-20405): bargaining complaint returned for contract evidence
AFGE proposed administrative leave and travel reimbursement for Social Security Administration employees taking a career test during the contract term. SSA refused to bargain, saying it had no duty to consider union proposals during the term and that the agreement limited reopening. The Authority…
Social Security Administration, Office of Hearings and Appeals, Arlington, Virginia and American Federation of Government Employees, Council 215, AFL-CIO
SSA Office of Hearings and Appeals and AFGE Council 215 (FLRA WA-CA-20378): impasse process ordered
The Social Security Administration's Office of Hearings and Appeals posted job vacancies using new rating weights while a dispute over their impact was pending before the Federal Service Impasses Panel. It also failed to complete the mediation and arbitration the Panel ordered. The Authority…
U.S. Department of Defense, National Guard Bureau; Oregon Military Department, Oregon National Guard; and American Federation of Government Employees, Local 2986, AFL-CIO
Oregon National Guard and AFGE Local 2986 (FLRA SF-CA-20715): uniform bargaining required
AFGE Local 2986 proposed that the Oregon National Guard provide required work uniforms and insignia to employees. The Oregon Guard refused to bargain after the National Guard Bureau advised it that the proposal was nonnegotiable. The Authority found the uniform supply portion substantially…
Sacramento Air Logistics Center, McClellan Air Force Base, California and American Federation of Government Employees, Local 1857, AFL-CIO
Sacramento Air Logistics Center and AFGE Local 1857 (FLRA SF-CA-20110): details bargaining complaint dismissed
The Sacramento Air Logistics Center planned temporary details of employees from two support units to a third. AFGE Local 1857 asked to bargain over the impact and implementation, but the center refused. The Authority found that the parties' existing agreement already set criteria and procedures for…
Dover Elevator Company, Inc.
GFCI citation vacated based on adequate safety program
Dover Elevator employees were installing an elevator in Ridgeland, Mississippi, when a ground-fault circuit interrupter tripped because of a defective receptacle and extension cord. The supervising mechanic temporarily left an extension cord connected to an operable but unprotected receptacle while…
A. R. Butler Construction Co.
Commission approves trench-case settlement
A. R. Butler Construction was installing a sewer line in an eight-and-a-half to nine-foot trench in Flint City, Alabama. The underlying ALJ decision found that the steep earthen route was not a safe means of exit and that employees worked without adequate cave-in protection. The judge classified…
American Federation of Government Employees, Local 96 and U.S. Department of Veterans Affairs, Medical Center, St. Louis, Missouri
St. Louis VA Medical Center and AFGE Local 96 (FLRA 0-AR-2377): newsletter retraction order stands
An arbitrator ordered AFGE Local 96 to retract factual inaccuracies in a newsletter article about a supervisor at a St. Louis VA medical center. The Authority had denied the union's exceptions to that award. The union sought reconsideration, again disputing the arbitrator's factual findings about…
National Guard Bureau and National Federation of Federal Employees
National Guard Bureau and NFFE (FLRA WA-CA-20859): uniform allowance order enforced
The National Guard Bureau refused to adopt an Impasses Panel decision about uniform allowances and allocation for Louisiana National Guard employees. An administrative law judge found an unfair labor practice, and the Bureau challenged the ruling by arguing that federal law did not authorize the…
Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, AFL-CIO
SSA and AFGE (FLRA 8-CA-00110): union literature dispute returned for contract findings
An SSA union representative received a warning after delivering a labor relations memorandum to coworkers' desks during duty hours. The union alleged unequal treatment because employees could deliver other materials in the same way. A federal appeals court set aside the Authority's earlier unfair…
U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Center, Washington, D.C. and American Federation of Government Employees, Local 3407
Defense Mapping Agency and AFGE Local 3407 (FLRA 0-AR-2401): attorney fee amount returned
An arbitrator rescinded a Defense Mapping Agency employee's 14-day suspension and awarded back pay, then granted his union's request for attorney fees and costs. The Authority upheld the finding that fees were warranted in the interest of justice. It could not verify the amount because the fee…
Sacramento Air Logistics Center, McClellan Air Force Base, California and American Federation of Government Employees, Local 1857
Sacramento Air Logistics Center and AFGE Local 1857 (FLRA SF-CA-20272): tower closure complaint dismissed
The Sacramento Air Logistics Center closed its control tower overnight during two holiday periods, changing some air traffic specialists' available work hours. The union sought bargaining over the impact on shifts, leave, and pay. The Authority held that the existing master agreement addressed…
Bonanza Materials Inc.
MSHA jurisdiction and penalties affirmed
Bonanza Materials operated a sand and gravel mine in Henderson, Nevada, with a mechanic's shop on mine property that serviced about 295 units, including loaders and water trucks used in mining. Bonanza did not dispute the underlying violations, but argued that MSHA lacked jurisdiction because most…
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.