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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Island Creek Coal Company
Ralph J. Thorn v. Island Creek Coal Company (FMSHRC WEVA 92-1010-D): Discrimination settlement approved and case dismissed
The Secretary filed a discrimination complaint on behalf of miner Ralph J. Thorn, who alleged that Island Creek Coal Company placed an unlawful written warning in his personnel file. Island Creek agreed to remove the warnings and related references, not rely on the discipline in future actions…
Brown Brothers Sand Co.
Two safety citations affirmed and $40 assessed
Brown Brothers Sand Co., a small surface sand operator, was cited for an inoperable seat belt on a bulldozer and an unguarded coupling on a water-gun pump motor. Judge David F. Barbour found both violations established, but not serious, because the evidence showed limited exposure to the hazards…
U.S. Department of the Army, Army Corps of Engineers, Mobile, Alabama and National Federation of Federal Employees, Local 561
Army Corps of Engineers Mobile and NFFE Local 561 (FLRA 0-AR-2296): Late grievance dismissal upheld
NFFE Local 561 challenged the selection of a candidate for a compliance manager opening at the Army Corps of Engineers' Mobile office. An arbitrator dismissed the grievance because the union had sent it to the next step after the agreement's deadline. The union argued that the arbitrator used the…
United States Immigration and Naturalization Service, United States Border Patrol, Del Rio, Texas and American Federation of Government Employees, National Border Patrol Council, Local 2366
Del Rio Border Patrol and AFGE Local 2366 (FLRA 6-CA-10606): Staffing change complaint dismissed
The Del Rio Border Patrol reduced the number of agents assigned to a checkpoint. An unfair labor practice complaint alleged that it should have given AFGE Local 2366 notice and a chance to bargain over the change's impact and implementation. An administrative law judge found no violation. The…
American Federation of Government Employees, National Border Patrol Council, Local 2544 and U.S. Department of Justice, Immigration and Naturalization Service, Border Patrol, Tucson, Arizona
Tucson Border Patrol and AFGE Local 2544 (FLRA 0-NG-2023): Office layout proposals split
The Border Patrol planned to reconfigure its Tucson intelligence office, and AFGE Local 2544 proposed changes to office space, equipment, and furnishings. The Authority ordered bargaining on proposals for more building space, a breakroom, printer placement, and matching wall paneling. It rejected…
American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Tinker Air Force Base, Oklahoma
Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-2316): Reconsideration of service dismissal denied
AFGE Local 916 asked the Authority to reconsider dismissal of its exceptions to an arbitration award involving Tinker Air Force Base. The Authority had ordered the union to correct a service sheet that did not show delivery to the agency's representative, but the union missed the deadline. In…
Elmer Darrell Burgan v. Harlan Cumberland Coal Co.
Hearing continued without date
Elmer Darrell Burgan's discrimination hearing against Harlan Cumberland Coal Company was scheduled for December 22, 1992. The parties asked to continue the hearing while they sought to consolidate Burgan's claim with a related, not-yet-docketed discrimination case against commonly owned Dixie Fuel…
American Federation of Government Employees, Local 1857 (Sacramento Air Logistics Center, North Highland, California) and Eloise F. Holdahl
AFGE Local 1857 and Eloise Holdahl (FLRA 9-CO-10021): Union need not represent nonmember in proposed suspension
Eloise Holdahl worked at the Sacramento Air Logistics Center and faced a proposed three-day suspension. She asked AFGE Local 1857 to represent her, but the union refused because she was not a member. The Authority found that employees could choose a representative other than the union at the…
New York State Council of the Association of Civilian Technicians and U.S. Department of Defense, National Guard Bureau, New York State Department of Military and Naval Affairs
New York National Guard and Civilian Technicians Council (FLRA 0-AR-2244): Promotion remedy reconsideration denied
An arbitrator found that the New York National Guard had filled a position with an unqualified employee but declined to remove that employee. The Authority previously modified the award to require removal and a new selection process. The agency sought reconsideration, arguing that the Authority…
Drummond Company, Inc.
One order affirmed and one withdrawal order vacated
Drummond Company faced two consolidated civil penalty proceedings involving the Mary Lee No. 1 and No. 2 Mines. In the No. 2 Mine case, the judge found the cited ventilation conditions had been abated and vacated the Section 104(b) withdrawal order, while affirming the underlying citation and…
Jim Walter Resources, Inc.
Settlement approved with citations vacated and penalties reduced
Jim Walter Resources, Inc. faced civil penalty proceedings involving its No. 3, No. 4, No. 5, and No. 7 mines. The parties proposed a settlement that reduced the total penalties from $18,125 to $10,754, vacated six citations, and removed the Significant and Substantial designations from specified…
J. Bradley Miller v. White's Pelletizing Co.
Discrimination case dismissed for failure to prosecute
J. Bradley Miller's discrimination case against White's Pelletizing Co. was set for hearing in Lancaster, Pennsylvania. The company's counsel appeared, but Miller did not appear and did not later explain his absence. Judge William Fauver dismissed the case for failure to prosecute the claim.
City of Denison
In re City of Denison (EAB NPDES Appeal No. 91-6): review denied
The City of Denison challenged the NPDES permit for its Iron Ore Wastewater Treatment Plant in Texas. It questioned the authority of the Deputy Regional Administrator who denied its evidentiary hearing request, the requirement to submit an approvable Toxicity Reduction Evaluation proposal, the lack…
U.S. Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12
Labor Department and AFGE Local 12 (FLRA 0-AR-2365): Late arbitration exceptions remain dismissed
AFGE Local 12 filed exceptions to an arbitration award one day after the filing deadline. The Authority dismissed them as untimely, and the union asked it to reconsider. The union cited the short delay, the importance of its objections, lack of harm to the agency, and advice it said it received…
International Federation of Professional and Technical Engineers, Local 11 and U.S. Department of the Navy, Naval Electronic Systems Engineering Center, Vallejo, California
Vallejo Navy engineering center and IFPTE Local 11 (FLRA 0-AR-2279): Five-day suspension award upheld
A Navy employee attending mandatory training in Oakland was late one day and absent another. An arbitrator upheld both absence without leave charges and a five-day suspension because the employee had failed to notify his supervisor as required. The union argued that the supervisor's failure to…
Helen Mining Company
Consolidated settlement approved and cases dismissed
The Secretary of Labor and Helen Mining Company jointly sought approval of a comprehensive settlement covering civil-penalty proceedings and related contest proceedings across 29 dockets. The settlement specified civil penalties for some citations or orders and withdrew others, including the…
Keystone Coal Mining Corp.
Single-shift dust citations vacated for lack of rulemaking
MSHA cited Keystone Coal Mining Corp. after single-shift respirable-dust samples exceeded 2.0 milligrams per cubic meter at its Emilie No. 1 and Margaret No. 11 mines. The citations were issued under MSHA's 1991 spot-inspection program, which directed inspectors to cite operators based on a single…
Wedron Silica Company
Settlement approved and S&S finding deleted
Wedron Silica Company faced a civil-penalty proceeding concerning a citation at its Wedron Silica Plant. The company agreed to pay the proposed $700 penalty, and the parties asked the judge to approve the settlement and dismiss the case. Judge Gary Melick found the settlement appropriate under the…
Gatliff Coal Company, Inc.
Emergency communication violation found S&S and remanded for penalty reassessment
Gatliff Coal operated a surface coal mine where an employee died after a truck accident and workers had to leave the mine property to find a telephone because no company two-way radio was present. The Commission held that employee-owned CB radios did not satisfy the requirement for an…
Pressure Concrete Construction Co.
Storm-sewer hazard training violation affirmed
Pressure Concrete repaired an aging storm-sewer system in Montgomery, Alabama. During a rainstorm, water rapidly entered the tunnel through lateral lines, and an employee who reached the bottom of a manhole could not be rescued before he drowned. The Commission held that the company failed to train…
Consolidation Coal Company
One citation settled and another stayed
Consolidation Coal Company faced two citations at its Blacksville No. 2 Mine. The parties settled one citation involving inadequate identification markings for circuit breakers, reducing the proposed penalty from $1,155 to $350. Judge Jerold Feldman approved that settlement and ordered payment…
Oklahoma City Air Logistics Center, Oklahoma City, Oklahoma and American Federation of Government Employees, Local 916
Oklahoma City Air Logistics Center and AFGE Local 916 (FLRA 76-CA-10739): Limited application of official-time award upheld
A union steward at the Oklahoma City Air Logistics Center challenged a six-hour cap on official time for representing employees outside his work area. An arbitrator interpreted the labor agreement in his favor, but the center applied the award only to that steward. The union claimed the center…
U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 0-AR-2335): Arbitration filing deadline reconsideration denied
AFGE Local 476 mailed its exceptions to an arbitration award with a postmark one day after the filing deadline. The Authority dismissed the exceptions, and the union asked it to reconsider, arguing that the Authority calculated filing periods inconsistently. The Authority explained that the 30-day…
U.S. Department of Agriculture, Farmers Home Administration, Finance Office, St. Louis, Missouri and American Federation of Government Employees, Local 3354
Farmers Home Administration and AFGE Local 3354 (FLRA 0-AR-2290): Promotion grievance denial upheld
The Farmers Home Administration's St. Louis finance office selected an employee for a computer programmer team leader position over the grievant. An arbitrator denied the promotion grievance, finding that the selected employee belonged on the best qualified list and that the union had not shown an…
Ford Development Corporation
Hazard communication and trench rulings modified
OSHA inspected Ford Development after a trench wall shifted and trapped an employee's foot during drainage-pipe work in Ohio. The Commission declined to dismiss the case because the Secretary transmitted Ford's notice of contest seven days late through an inadvertent clerical error, with no…
U.S. Department of Justice, U.S. Penitentiary, Leavenworth, Kansas and U.S. Department of Justice, Office of Inspector General, Washington, D.C. and American Federation of Government Employees, Local 919
Leavenworth penitentiary and Justice Inspector General (FLRA 7-CA-10454): Interview complaint dismissed after employee chose to continue
A bargaining unit employee at the Leavenworth penitentiary asked for union representation during an investigative interview. The Justice Department respondents denied the request, then told him he did not have to answer questions and was free to leave. He chose to continue without a representative…
U.S. Geological Survey, Water Resources Division, Southeastern Region, Caribbean District and American Federation of Government Employees, AFL-CIO
Geological Survey Caribbean District and AFGE (FLRA 12-RO-10013): District bargaining unit approved for election
AFGE sought an election for a bargaining unit covering professional and nonprofessional employees of the Geological Survey's Caribbean District. A regional director found the proposed unit appropriate, but the agency argued that only a region-wide unit would work because operations and personnel…
U.S. Department of Veterans Affairs, West Los Angeles Medical Center, Los Angeles, California and American Federation of Government Employees, Local 1061
West Los Angeles VA Medical Center and AFGE Local 1061 (FLRA 0-AR-2288): Temporary promotion pay award upheld
A West Los Angeles VA medical center employee worked for more than a year as an acting supervisor above his regular grade without a temporary promotion. The labor agreement required temporary promotion after more than ten consecutive workdays in a higher-grade position. An arbitrator recommended…
American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma
AFGE Local 916 and Tinker Air Force Base (FLRA 0-AR-2285): Work-record remedy upheld without promotion backpay
An employee at Tinker Air Force Base performed paint scheduling work while his personnel file listed him as a material expediter. An arbitrator found that the base had failed to document his experience properly and ordered corrections and credit toward later qualifications. The arbitrator denied…
Ronald B. Snyder and R.B.S. Incorporated
Temporary reinstatement ordered in discrimination case
Paul H. Brooks claimed that R.B.S. Incorporated fired him after he refused to continue operating a loader near an unsafe highwall and raised safety concerns. The Secretary presented testimony from Brooks and an MSHA investigator, while the respondents offered a different account that Brooks was…
Ford Construction Company
Seat-belt citations reinstated and remanded
Ford Construction Company was cited after operators of a Caterpillar scraper and bulldozer were observed operating without seat belts. The ALJ vacated both citations after finding that the seat-belt standard did not cover the equipment. The Commission held that the scraper's tractor portion was…
Vincent Braithwaite v. Tri-Star Mining, Inc.
Reconsideration denied and damages awarded
An earlier decision found that Tri-Star Mining, Inc. discriminatorily discharged Vincent Braithwaite and limited back pay to the period before the company offered reinstatement. After a damages hearing, the judge rejected Tri-Star's request to reconsider liability based on a state unemployment…
Solid Mining Company, Inc.
Dust-sampling proceedings dismissed
The Secretary moved to dismiss Solid Mining's civil-penalty and contest proceedings after the company and its president entered plea agreements involving a conspiracy to defraud the United States through falsified respirable-dust samples. Solid Mining had contracted with Triangle Research, whose…
Ogden Martin Systems of Onondaga, Inc. and Onondaga County Resource Recovery Facility
In re Ogden Martin Systems of Onondaga, Inc. and Onondaga County Resource Recovery Facility (EAB PSD Appeal No. 92-7): review denied
Five citizens' organizations challenged the Prevention of Significant Deterioration permit for a proposed solid-waste incinerator in Onondaga County, New York. They argued that four emissions and monitoring conditions did not represent best available control technology, that a later state-law…
M P & M Coal Company, Inc.
Dust-sampling proceeding dismissed
The Secretary moved to dismiss the civil-penalty proceeding against M P & M Coal Company after the company and its president entered a plea agreement concerning a conspiracy to defraud the United States through falsified respirable-dust samples. The company had contracted with Triangle Research…
Jamboree Coals, Incorporated
Civil-penalty proceedings dismissed after dust-sampling fraud plea
The Secretary moved to dismiss civil-penalty proceedings against Jamboree Coals after the company and its president entered plea agreements concerning a conspiracy to defraud the United States involving falsified respirable-dust samples. The company had provided signed blank dust data cards to…
National Treasury Employees Union and U.S. Department of Health and Human Services, Region X, Seattle, Washington
Treasury Employees Union and HHS Region X (FLRA 0-NG-2078): Reconsideration of petition dismissal denied
The National Treasury Employees Union sought review of a proposal about time off as a performance award at HHS Region X. The Authority had dismissed the petition because the agency had not made a written allegation that the proposal was nonnegotiable, leaving the union free to file a new petition…
Powderhorn Coal Company
Inadequate mine illumination supported a $20 penalty
Powderhorn Coal Company operated the Roadside Mine. MSHA cited the company for failing to provide sufficient illumination at a surface electrical substation, switch panels, and the walkway leading to them. The ALJ credited the inspector's testimony that the area and path were dark and hazardous…
Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482, AFL-CIO
Marine Corps Logistics Base, Barstow (FLRA 98-CA-10236 and 98-CA-10490): Beverage price increase violated bargaining duty
The Marine Corps Logistics Base in Barstow raised the price of canned drinks in base vending machines without first notifying and bargaining with the employees' union. It also refused to bargain over a proposal about catering truck and vending machine prices. The Authority adopted the…
375th Combat Support Group, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23, AFL-CIO, SEIU
Scott Air Force Base (FLRA 75-CA-10008): Bargaining violations found on workplace policy changes
The 375th Combat Support Group at Scott Air Force Base changed smoking, drug testing, and asbestos removal procedures while requests for help were pending before the Federal Service Impasses Panel. It also refused to bargain over other negotiable workplace matters. The Authority adopted the judge's…
U.S. Department of Veterans Affairs, Washington, D.C. and Department of Veterans Affairs Medical Center, Canandaigua, New York and American Federation of Government Employees, AFL-CIO, Local 3306
Veterans Affairs Medical Center, Canandaigua (FLRA 1-CA-00107 and 1-CA-00161): Nurse discharge complaint dismissed
The case concerns proposed discharge notices issued to two registered nurses at the Department of Veterans Affairs Medical Center in Canandaigua, New York. After an earlier remand, an administrative law judge found that the VA respondents did not commit the alleged unfair labor practices by issuing…
National Treasury Employees Union and U.S. Department of the Treasury, Customs Service, Washington, D.C.
Treasury Employees Union and Customs Service (FLRA 0-NG-1935): Contract provisions receive mixed negotiability ruling
The National Treasury Employees Union challenged the Customs Service's disapproval of 44 contract provisions and its refusal to negotiate three other proposals. The provisions covered leave, performance ratings, discipline, employee information, overtime, awards, and other workplace rules. The…
U.S. Department of the Navy, Navy Public Works Center, San Diego, California and National Association of Government Employees, Local R12-35
Navy Public Works Center, San Diego (FLRA 0-AR-2334): Five-day suspension upheld
The Navy Public Works Center suspended a facilities maintenance specialist for 10 days after charging him with disruptive and disrespectful conduct. An arbitrator rejected most of the charges but upheld conduct involving misleading introductions, disrespectful remarks about coworkers, and failure…
American Federation of Government Employees, Local 2204 and U.S. Department of the Army, Fort Hamilton, New York
AFGE Local 2204 and Fort Hamilton (FLRA 0-AR-2307): Classification grievance remains outside arbitration
An Army employee at Fort Hamilton sought a retroactive promotion and pay for a period when he said he had performed higher graded quality assurance work. An arbitrator found that the grievance challenged the classification of his position and was excluded from arbitration under the parties'…
American Federation of Government Employees, Local 2017 and U.S. Department of the Army, Army Signal Center and Fort Gordon, Georgia
AFGE Local 2017 and Fort Gordon (FLRA 0-AR-2232): Third reconsideration request denied
An Army civilian employee's union had challenged how Fort Gordon credited the employee's military service and disabled veteran status in a reduction in force. The Authority had denied the union's exceptions to an arbitration award and then denied two requests to reconsider that decision. In a third…
Acme Gravel Company, Inc.
One citation vacated and two settlements approved
The ALJ decided three civil penalty proceedings involving Acme Gravel Company and Barber Brothers Contracting Company. Two cases were settled, with penalties of $200 for an unsafe dredge access condition and $450 for an unworn seat belt, and both settlements were approved. The third case involved a…
Osage (Pawhuska, Oklahoma)
In re Osage (Pawhuska, Oklahoma) (EAB UIC Appeal No. 92-2): review denied in part and permit remanded in part
Scott F. Wiehle, a rancher and farmer near Pawhuska, Oklahoma, challenged a UIC permit issued to Calumet Oil Company to convert a well into a Class II enhanced oil recovery injection well. He argued that the permit should include a public hearing, a pressure gauge, limits on injection pressure, and…
Antilles Consolidated Education Association and Antilles Consolidated School System, Fort Buchanan, Puerto Rico
Antilles school employees (FLRA 0-NG-2046): Exchange access is negotiable
The Antilles Consolidated Education Association proposed access to military post and Navy exchanges for bargaining unit employees, including locally hired teachers at Roosevelt Roads. The school system argued that retail exchange access was unrelated to the teachers' work. The Authority found a…
National Association of Government Employees, Local R4-78 and U.S. Department of Veterans Affairs Medical Center, Martinsburg, West Virginia
NAGE Local R4-78 and Martinsburg VA Medical Center (FLRA 0-AR-2292): Cash award grievance excluded from arbitration
A nursing assistant at the Martinsburg VA Medical Center received an outstanding performance rating but was denied a cash performance award. An arbitrator found that the labor agreement excluded incentive award decisions from arbitration and that the record did not show a prohibited personnel…
Faith Coal Company
Common-issues respirable-dust decision ordered mine-specific proceedings
This release addresses common issues from a large group of MSHA citations alleging that mine operators altered respirable-dust sample filters. The ALJ found that the evidence did not prove by a preponderance that abnormal white-center patterns established intentional alteration or that deliberate…
Southern Ohio Coal Company
Escapeway citation and withdrawal order vacated
MSHA cited Southern Ohio Coal Company for using an underground escapeway that was not the safest direct practical route to a mine opening. An ALJ found a violation and sustained a section 104(b) withdrawal order after the operator did not make the changes MSHA sought. The Commission reversed…
Pyramid Mining, Incorporated
Settlement reduced penalties to $294
The parties settled consolidated civil penalty proceedings involving Pyramid Mining's Hall No. 2 Mine. The Secretary initially sought $1,726 in penalties, and the ALJ approved the parties' proposed reduction to $294 after considering the Mine Act's penalty factors. Pyramid Mining was ordered to pay…
National Association of Government Employees, Local R14-52 and U.S. Department of the Army, Red River Army Depot, Texarkana, Texas
Red River Army Depot travel pay (FLRA 0-AR-2282): Union exceptions denied
Civilian employees at the Army's Red River Depot sought additional pay for travel to and from Saudi Arabia during the Desert Shield and Desert Storm operations. An arbitrator denied their grievance, finding that the Army could schedule and control the trip, that the travel was not under legally…
Matter of Perez-Contreras
Negligent assault conviction did not establish deportability
The Board reviewed a Mexican lawful permanent resident's appeal from an Immigration Judge's finding that he was deportable based on two crimes involving moral turpitude and a firearm offense. The Board held that the respondent's Washington conviction for third-degree assault under subsection (f)…
In re: Contests of Respirable Dust Sample Alteration Citations
Witness motions resolved before common-issues trial
Before the common-issues trial on respirable-dust sample alteration citations, the ALJ ruled on two witness motions. The judge denied the motion to exclude expert John J. Miller because his identification and opinions were relevant to the common issues. The judge granted the motion to exclude 28…
Headquarters, 127th Tactical Fighter Wing, Michigan Air National Guard, Selfridge Air National Guard Base, Michigan and American Federation of Government Employees, Local 2077
Selfridge boiler plant staffing (FLRA 5-CA-10712): Bargaining and records ordered
After reducing staffing in its boiler plants, the 127th Tactical Fighter Wing refused to bargain with the union over employees' safety concerns and withheld requested boiler plant logs. An administrative law judge found unfair labor practices, and the Authority adopted those findings. The Authority…
U.S. Marine Corps, Combat Development Command, Quantico Marine Corps Base, Quantico, Virginia and American Federation of Government Employees, Local 1786
Quantico employee addresses (FLRA 3-CA-10643): Information complaint dismissed
The union representing employees at the Quantico Marine Corps base requested bargaining unit employees' names and home addresses. The Marine Corps refused and relied on a prior agreement to provide names and work locations while allowing union literature distribution at work. An administrative law…
American Federation of Government Employees, Local 2612 and U.S. Department of the Air Force, Griffiss Air Force Base, Rome Laboratory, Rome, New York
Rome Laboratory team assignments (FLRA 0-NG-2058): Voluntary-only proposal rejected
The union at Rome Laboratory proposed that employees join Total Quality Management teams only if they volunteered. It also proposed protections against adverse effects from participating or declining. The Authority found that a complete ban on assigning nonvolunteers to those teams directly…
U.S. Department of Veterans Affairs Medical Center, Newington, Connecticut and National Association of Government Employees, Local R1-109
Newington VA attorney fees (FLRA 0-AR-2352): Authority lacks jurisdiction
A union at the Newington VA Medical Center challenged an arbitrator's attorney fee award. The fee ruling supplemented an earlier arbitration award concerning an employee's removal. The Authority explained that it cannot review arbitration awards about removals covered by 5 U.S.C. § 7512, and that a…
U.S. Department of the Treasury, Internal Revenue Service, Southeast Region, Atlanta, Georgia and National Treasury Employees Union, Chapter 6
IRS promotion list (FLRA 0-AR-2297): Counseling remedy upheld
An IRS revenue agent was left off a best qualified list after receiving a lower performance rating. An arbitrator found that the agency had failed to give the counseling required by the labor agreement when her supervisor noticed a decline in performance. He ordered the higher rating restored, the…
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.