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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Pollution Control Industries of Indiana, Inc.
In re Pollution Control Industries of Indiana, Inc. (EAB RCRA Appeal No. 92-3): TCLP review denied
Pollution Control Industries of Indiana operated a hazardous-waste fuel blending and storage facility in East Chicago, Indiana. Its RCRA permit required testing incoming waste streams using the Toxicity Characteristic Leaching Procedure. The company argued that the testing was unnecessary and was…
Port of Oakland and Great Lakes Dredge and Dock Company
In re Port of Oakland and Great Lakes Dredge and Dock Company (EAB MPRSA Appeal No. 91-1): civil penalty increased to $125,000
EPA Region IX alleged that Great Lakes Dredge and Dock Company disposed of dredged sediments without authorization and dumped materials outside the permitted center of the disposal site while working for the Port of Oakland. The Environmental Appeals Board held that the presiding officer had…
BethEnergy Mines, Inc., et al.
Violation and individual liability affirmed, S&S finding reversed
BethEnergy miners entered an area where roof-support beams had been installed but not yet strapped, after danger signs had been posted. The Commission affirmed the violation of the mine examination and danger-sign standard, the finding of unwarrantable failure, and individual liability for three…
City of Jacksonville, District II Wastewater Treatment Plant
In re City of Jacksonville, District II Wastewater Treatment Plant (EAB NPDES Appeal No. 91-19): review denied
The City of Jacksonville sought review of EPA Region IV's denial of an evidentiary hearing concerning biomonitoring conditions in the proposed NPDES permit for its District II wastewater treatment plant. The permit required toxicity testing and treated a single test showing lethality to more than…
LJ's Coal Corporation
Roof-control violation reversed to S&S and accident-reporting issue remanded
LJ’s Coal was conducting retreat mining when its pillar-extraction work departed from the approved roof-control plan, leaving parts of the last open crosscut without the required support. The Commission held that the failure to place roof supports in the required locations was significant and…
John Fugurski, employed by Consolidation Coal Company
Knowing roof-support violations not proven
John Fugurski and Ernie Kapiskosky were Consolidation Coal supervisors at the Shoemaker Mine. After a coal-car derailment dislodged steel legs supporting a false roof, MSHA alleged that the supervisors knowingly violated 30 C.F.R. § 75.202(a) by allowing travel through the area before all support…
Clinchfield Coal Company
Discrimination proceeding dismissed after settlement
Gary Honaker asked to dismiss his discrimination proceeding against Clinchfield Coal Company based on a settlement. Judge William Fauver granted the request and dismissed the proceeding. The short order does not state the settlement terms or address the merits of the discrimination allegations.
Wayne Kizziah and Roger Kizziah v. C & H Mining Company, Inc.
Settled discrimination complaint dismissed
Wayne Kizziah and Roger Kizziah asked to withdraw their discrimination complaint against C & H Mining Company after the parties reached a settlement. The miners approved the settlement, and the decision states that full payment had been made. Judge Gary Melick granted permission to withdraw under…
Overland Sand & Gravel Company
Mixed guarding and handrail findings, $219 assessed
Overland Sand & Gravel operated open-pit sand and gravel mines in Nebraska. Judge David F. Barbour found violations involving unguarded pinch points, a slack handrail on a floating dredge, and a walkway without handrails. He found several violations significant and substantial, but found that the…
Department of Veterans Affairs, John J. Pershing Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338
VA Pershing Medical Center and AFGE Local 2338 (FLRA DE-RO-20007): Late representation review dismissed
The VA's John J. Pershing Medical Center sought Authority review of an acting regional director's decision in a representation case involving AFGE Local 2338. The regional decision was dated April 30, 1992, making June 29 the deadline for applying for review. The VA's application was dated June 30…
American Federation of Government Employees, Local 1857 and U.S. Department of the Air Force, Air Logistics Command, McClellan Air Force Base, California
AFGE Local 1857 and McClellan Air Force Base (FLRA 0-AR-2302): Arbitration exceptions filed too late
AFGE Local 1857 challenged an arbitration award involving McClellan Air Force Base. The award was dated May 12, 1992, and the union mailed its exceptions on June 17. Under the Authority's filing rules, the deadline was June 15 if the award was mailed on its date. The union disputed that presumed…
U.S. Department of Veterans Affairs, Medical Center, Bronx, New York and American Federation of Government Employees, Local 1168
Bronx VA Medical Center and AFGE Local 1168 (FLRA 0-AR-2283): Late arbitration exceptions dismissed
The Bronx VA Medical Center challenged an arbitration award involving AFGE Local 1168. The award was dated April 7, 1992, which made May 11 the deadline for filing exceptions under the Authority's rules. The VA's unpostmarked filing arrived May 18 and was presumed filed May 13. The VA argued that…
Z C A Mines, Incorporated
Seat-belt citation modified to non-S&S
Z C A Mines employee Ronald Mashaw operated a front-end loader without wearing an available seat belt. The operator accepted that the seat-belt standard was violated but challenged the inspector's significant-and-substantial finding. Judge Avram Weisberger found that nearby traffic, loose ore, and…
Warren Steen Construction, Inc.
Power-line violations and penalties affirmed
Warren Steen Construction operated a sand and gravel mine where a stacker-conveyor contacted an energized 12,000-volt power line while being moved, killing miner Gary Jobe. The Commission affirmed findings that the operator violated 30 C.F.R. § 56.12071 by operating equipment within the required…
Eagle Nest, Incorporated
Water-accumulation S&S finding remanded
Eagle Nest's underground coal mine had water accumulations in a longwall tailgate return entry that miners had to travel for weekly examinations. An ALJ found a violation of 30 C.F.R. § 75.305 but concluded it was not significant and substantial because an examiner could walk cautiously around…
Farrens Tree Surgeons, Inc.
Roadside PPE citation vacated for insufficient proof
Farrens Tree Surgeons employees were placing cones and warning signs beside a two-lane highway before clearing brush under power lines. One employee was struck and killed by a driver who was blinded by the rising sun. OSHA cited Farrens because the crew was not wearing brightly colored vests or…
U.S. Department of Defense, National Guard Bureau, Washington Army National Guard, Tacoma, Washington and National Association of Government Employees, Sub-Local R12-122
Washington Army National Guard and NAGE (FLRA 0-AR-2228): Military position arbitration award set aside
The Washington Army National Guard announced a supervisory supply vacancy for Active Guard Reservists only. An arbitrator found that its merit promotion agreement required the Guard to consider civilian technicians too, and ordered a new selection process and possible backpay. The Authority held…
Miami-Dade Water and Sewer Authority Department
In re Miami-Dade Water and Sewer Authority Department (EAB NPDES Appeal No. 91-14): review denied in part and remanded in part
Miami-Dade Water and Sewer Authority Department challenged the renewal permit for its North District Wastewater Treatment Facility, which discharged to the Atlantic Ocean. The challenge concerned toxicity testing requirements intended to protect Florida's numeric whole effluent toxicity standard…
Thermal Reduction Company, Inc.
In re Thermal Reduction Company, Inc. (EAB EPCRA Appeal No. 91-2): default order affirmed
Thermal Reduction Company, Inc. appealed a Default Order imposing a $34,000 civil penalty for alleged violations of the Emergency Planning and Community Right-to-Know Act. The company argued that it was not the entity intended to receive the complaint and that it did not commit the reported…
Mid-Continent Resources, Incorporated
Settlement approved in bankruptcy case
Mid-Continent Resources reached a settlement with the Secretary in a civil penalty proceeding involving Citation No. 3411282. The parties proposed reducing the penalty from $950 to $570, and Mid-Continent reported that it was operating as a debtor-in-possession in Chapter 11 bankruptcy. Judge John…
Waste Technologies Industries East Liverpool, Ohio (Consolidated Appeal Nos.)
In re Waste Technologies Industries East Liverpool, Ohio (Consolidated Appeal Nos.) (EAB RCRA Appeal Nos. 92-7, et alia): review denied in part and remand ordered
Waste Technologies Industries operated a commercial hazardous-waste management facility in East Liverpool, Ohio. EPA Region 5 approved a permit modification allowing WTI to add a spray dryer to its pollution-control equipment, but also tried to add the landowner, the Port Authority for Columbiana…
AMR Services Company
Airport ground-services settlement approved
AMR Services provided aircraft ground support at Atlanta's airport, where a wingwalker wearing dark clothing was struck and killed by an AMR fuel truck during nighttime operations. OSHA cited AMR for not providing reflective clothing. The judge vacated the citation, finding that the FAA's exercise…
410th Combat Support Group, K.I. Sawyer Air Force Base, Michigan and Karen Bauser
410th Combat Support Group and Karen Bauser (FLRA 5-CA-10362): Retaliation complaint dismissed
An unfair labor practice complaint alleged that the 410th Combat Support Group terminated a probationary employee because she filed a grievance. An administrative law judge recommended dismissing the complaint, and the General Counsel challenged that decision. The Authority agreed that the record…
American Federation of Government Employees, Local 1864 and U.S. Department of the Navy, Charleston Naval Shipyard, Charleston, South Carolina
AFGE Local 1864 and Charleston Naval Shipyard (FLRA 0-NG-2019): Negotiability petition dismissed after bargaining ended
AFGE Local 1864 sought a ruling on proposals concerning Charleston Naval Shipyard's Special Projects Work Center, which assigned employees to temporary work. By the time the Authority decided the petition, bargaining over expansion of the work center had ended and the union's related unfair labor…
National Treasury Employees Union and U.S. Department of the Treasury, Financial Management Service
NTEU and Treasury Financial Management Service (FLRA 0-NG-1971): Three contract provisions negotiable, two rejected
The Treasury Financial Management Service disapproved five provisions in a negotiated agreement with NTEU. The Authority found that the provision governing union meetings on official time was an appropriate arrangement for employees and that a provision requiring fair, uniform selection procedures…
National Federation of Federal Employees, Local 259 and U.S. Department of the Army, Corps of Engineers, Memphis District, Memphis, Tennessee
NFFE Local 259 and Army Corps Memphis District (FLRA 0-AR-2237): Electrician's appraisal upheld
An Army Corps electrician, who was also NFFE Local 259's president, grieved a fully successful performance rating after receiving higher ratings in earlier periods. An arbitrator found that the electrician met but did not exceed the applicable standards and found no credible proof of anti-union…
U.S. Department of the Air Force, Randolph Air Force Base, Texas and American Federation of Government Employees, Local 1840
Randolph Air Force Base and AFGE Local 1840 (FLRA 0-AR-2216): Contracting and official time award upheld
AFGE Local 1840 challenged Randolph Air Force Base's use of a repair contract and sought official time for a second union representative at an arbitration hearing. The arbitrator found that the union had not proved the disputed rewiring was bargaining unit work or that the contract affected unit…
U.S. Department of Health and Human Services, Region V and National Treasury Employees Union, Chapter 230
HHS Region V and NTEU Chapter 230 (FLRA 0-AR-2201): Smoking policy bargaining award upheld
HHS Region V banned smoking in its facilities without bargaining with NTEU Chapter 230 over the decision. An arbitrator found that the parties' agreement required bargaining over changes to the prior smoking policy and that the unilateral ban violated the agreement and federal labor law. He ordered…
U.S. Department of Defense, Army and Air Force Exchange Service and American Federation of Government Employees
Army and Air Force Exchange Service and AFGE (FLRA 0-AR-2083): Mechanics' commission rate and backpay award upheld
The Army and Air Force Exchange Service cut the commission rate for two automotive mechanics at McClellan Air Force Base from 52 percent to 40 percent. An arbitrator found that the agency had not supported the cut with a reliable survey of comparable local work and ordered the old rate restored…
Trinity Industries, Inc.
Forklift-training item vacated for insufficient proof
Trinity used five forklifts at its San Antonio steel-fabrication plant, operated by employees with 15 to 30 years of experience. OSHA alleged that Trinity had not devised adequate methods to train those operators. The record showed that management monitored operator proficiency and that a…
U.S. Department of the Interior, Bureau of Indian Affairs, Navajo Area Office, Gallup, New Mexico and American Federation of Teachers, National Council of Bureau of Indian Affairs Educators
BIA Navajo Area Office and AFT (FLRA 6-CU-80010): Homeliving specialist excluded as supervisor
AFT sought to include a Homeliving Specialist at the Dennehotso Boarding School in its bargaining unit. The regional director found that the specialist was not a supervisor and included him. On review, the Authority found that his evaluations and renewal recommendations for dorm managers were…
U.S. Department of the Air Force, Barksdale Air Force Base, Bossier City, Louisiana and National Federation of Federal Employees, Local 1953
Barksdale Air Force Base and NFFE Local 1953 (FLRA 6-CA-10382): Rival union access violated labor law
Barksdale Air Force Base allowed an outside organizer for AFGE onto the base while NFFE Local 1953 represented the employees. The Authority found that AFGE had not gained equivalent status to the incumbent union. The base had also failed to determine whether AFGE had tried reasonable ways to reach…
American Federation of Government Employees, AFL-CIO, Local 2754 and General Services Administration, Region Six, Kansas City, Missouri
AFGE Local 2754 and GSA Region Six (FLRA 0-AR-2253): Priority consideration remedy upheld
GSA made procedural errors while filling an automotive equipment repair inspector position in Kansas City. An arbitrator found that the errors violated the labor agreement but could not determine whether the grievant would have been selected without them. He awarded the employee priority…
Consolidated Rail Corporation
Interlocutory review granted on FRA preemption
OSHA cited Conrail after inspecting employees performing maintenance and repair work on a railroad bridge in Ohio. Conrail moved to dismiss, arguing that the Federal Railroad Administration had exercised authority over railroad-bridge safety and therefore preempted OSHA. The judge denied that…
Vergona Crane Co., Inc.
Crane lessor liable for broken boom stop
Vergona Crane supplied a crane, operator, and oiler to a construction contractor under a bare-rental arrangement. The Commission treated Vergona and its closely related affiliate as a single entity and found that Vergona remained the workers' employer because it controlled how the crane was…
National Federation of Federal Employees, Local 29 and Department of the Army, Engineer District, Kansas City
Army Engineer District and NFFE Local 29 (FLRA 0-NG-1919): Procurement integrity proposals split
The union proposed training and certification terms as the Army's Kansas City Engineer District implemented procurement integrity requirements. The Authority held that periodic update training for procurement officials and a definition in the certification form were negotiable, and ordered…
National Federation of Federal Employees, Local 1482 and Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Center
Defense Mapping Agency and NFFE Local 1482 (FLRA 0-NG-1833): Supervisor training proposal dismissed
The union proposed training for supervisors who review employees' security questionnaires at the Defense Mapping Agency's Louisville center. The Authority had earlier found the proposal negotiable, but a federal appeals court vacated that part of its decision and sent it back for reconsideration…
Department of the Army, Red River Army Depot and National Association of Government Employees, Local R14-52
Red River Army Depot and NAGE Local R14-52 (FLRA 0-AR-2259): Machinists' ratings sent back for reevaluation
Eight machinists at Red River Army Depot challenged their performance ratings. An arbitrator found that the agency had not followed objective appraisal requirements in the labor agreement and ordered all eight ratings raised to exceptional, with related cash awards. The Authority upheld the finding…
American Federation of Government Employees, Local 3615 and Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals
SSA Office of Hearings and Appeals and AFGE Local 3615 (FLRA 0-AR-2223): Performance appraisal remedy expanded
A Social Security Administration paralegal challenged an annual performance rating because the agency assessed only a small portion of his work and did not rate his special assignment or detail. An arbitrator found that the agency violated the labor agreement but gave only a declaration that the…
U.S. Geological Survey, Water Resources Division, Caribbean District and American Federation of Government Employees
USGS Caribbean District and AFGE (FLRA 12-RO-10013): Bargaining unit review granted
A regional director found that professional and nonprofessional employees in the U.S. Geological Survey's Caribbean District formed an appropriate bargaining unit and ordered an election. The agency sought Authority review. The Authority found a compelling reason to consider whether the unit…
International Federation of Professional and Technical Engineers, Local 89 and Department of the Interior, Bureau of Reclamation, Grand Coulee Project Office
Grand Coulee Project Office and IFPTE Local 89 (FLRA 0-NG-2027): Mandatory performance awards rejected
The union proposed five terms governing cash performance awards at the Bureau of Reclamation's Grand Coulee office. Some would require awards for employees with outstanding ratings, while others prescribed the amount or method for awards at the excellent level. The Authority found that a…
Hawaiian Commercial & Sugar Company
In re Hawaiian Commercial & Sugar Company (EAB PSD Appeal No. 92-1): review denied
James V. Williamson, a private citizen, challenged a Prevention of Significant Deterioration permit issued by the State of Hawaii to Hawaiian Commercial & Sugar Company. The permit covered construction of a 30 MW circulating fluidized bed boiler at the Puunene Mill Facility on Maui, designed to…
Shannopin Mining Company
Shuttle-car citation vacated and three settlements approved
Shannopin Mining was cited after an inspector found a shuttle car with a forward-leaning canopy and two broken welds. Judge George A. Koutras found that MSHA did not prove the canopy was unsafe under 30 C.F.R. § 75.1725(a), so he vacated the contested citation and denied its penalty. The parties…
Medzam, Ltd.
In re Medzam, Ltd. (EAB FIFRA Appeal No. 91-1): default order vacated and complaint dismissed
Medzam, Ltd. appealed a Default Order that imposed a $3,500 civil penalty for allegedly distributing or selling an unregistered pesticide called Red-Z. The company argued that the complaint had not been properly served because the postal receipt was signed by a bookkeeper instead of an officer…
Alfred D. Ashe v. Director, Office of Workers' Compensation Programs
Ashe v. Director, OWCP (BRB 89-2906): Overpayment waiver returned for financial findings
Alfred Ashe had received $18,787.60 in interim black lung benefits that later became an overpayment. The parties agreed that he was not at fault, but a judge denied a waiver and ordered repayment. The Board held that the judge could consider Ashe's household income and his wife's assets and that…
Portsmouth Naval Shipyard and International Federation of Professional and Technical Engineers, Local 4
Portsmouth Naval Shipyard and IFPTE Local 4 (FLRA 1-CA-10268): Training change complaint dismissed
Portsmouth Naval Shipyard stopped using some bargaining unit employees to teach recertification classes without first bargaining over the change's impact. An administrative law judge recommended dismissing the union's unfair labor practice complaint. The Authority agreed that the likely effect on…
American Federation of Government Employees, Local 916 and Department of the Air Force, Oklahoma City Air Logistics Center
Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-2255): Late promotion grievance remains denied
A union challenged when an Air Force employee was promoted after welding training and sought retroactive promotions and backpay for several employees. The arbitrator found that the grievance was filed too late under the labor agreement and denied it without deciding the merits. The union argued…
American Federation of Government Employees, Local 3475 and Thomas Dupaty, Jr.
AFGE Local 3475 and Thomas Dupaty (FLRA 96-CO-10007): Union notice remedy expanded
An administrative law judge found that AFGE Local 3475 violated federal labor law by trying to have a HUD employee disciplined for protected union activity. The Authority adopted the violation finding. The General Counsel challenged only the proposed remedy, asking that the union's signed notice…
John Quinlan, t/a Quinlan Enterprises
Permanent-floor guardrail violation affirmed
Quinlan was the steel-erection subcontractor on a two-story building where employees worked near the edge of a permanent concrete second floor about 20 feet above the ground. A single wire rope ran around the perimeter at about 42 inches, but there was no midrail. Quinlan argued that the…
In re: Contests of Respirable Dust Sample Alteration Citations
Motion to compel discovery granted in part
This order concerns a consolidated set of contests involving altered respirable dust sample citations. Contestants sought excised portions of documents from six MSHA officials and employees. Judge James A. Broderick upheld some privilege claims, ordered in camera inspection of other documents, and…
375th Combat Support Group, Scott Air Force Base and National Association of Government Employees, Local R7-23
Scott Air Force Base and NAGE Local R7-23 (FLRA 75-CA-10036): Hours and separation complaint dismissed
The 375th Combat Support Group reduced working hours for seven employees and separated five others without bargaining with the union over the changes' impact and implementation. An administrative law judge recommended dismissing the unfair labor practice complaint, and the Authority adopted that…
Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482
Marine Corps Logistics Base, Barstow (FLRA 8-CA-80082): Bargaining complaint dismissed after court remand
The Marine Corps Logistics Base in Barstow changed performance appraisal criteria for some production employees without bargaining separately with AFGE Local 1482 over the changes' impact and implementation. The Authority had found an unfair labor practice, but the D.C. Circuit reversed. The court…
U.S. Department of the Treasury, Internal Revenue Service, Austin Compliance Center and National Treasury Employees Union, Chapter 247
IRS Austin Compliance Center (FLRA 6-CA-90506): Reconsideration of backpay order denied
The Authority had found that the IRS Austin Compliance Center violated federal labor law by delaying compliance with an arbitration award and making improper deductions from an employee's backpay. The IRS asked the Authority to reconsider, arguing that it could not process the claim before…
American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Social Security Administration, Baltimore
AFGE Local 1923 and SSA Baltimore (FLRA 0-AR-2211): Overtime award remains set aside
An arbitrator awarded backpay after finding that the Social Security Administration violated its labor agreement and the Fair Labor Standards Act when it assigned employees to a work shift without overtime pay. The Authority had set the award aside because the employees had not worked more than 40…
N.A. Degerstrom, Inc., and Zortman Mining, Inc.
Partial dismissal after settlement
Complainant Roger Vogt and N.A. Degerstrom, Inc., reached an amicable settlement on the merits of this discrimination proceeding. Judge John J. Morris dismissed the complaint with prejudice as to N.A. Degerstrom. The complaint remained pending against Zortman Mining, Inc., and the hearing was…
Garratt Company
Citations affirmed, $310 in penalties assessed
MSHA cited Garratt Company after finding improperly bushed electrical cables, an uncovered electrical junction box, a nonworking reverse alarm, and a restraint on an inspector’s right of entry. Judge John J. Morris found that the violations were established even though the first three conditions…
National Guard Bureau and Association of Civilian Technicians, Montana Chapter No. 29
National Guard Bureau and Montana civilian technicians (FLRA 7-CA-50444): Uniform agreement disapproval upheld
A labor agreement at the Montana Air National Guard let civilian technicians choose between military uniforms and specified civilian attire. The National Guard Bureau disapproved that provision and directed the local activity to repudiate it. The union and General Counsel alleged that the…
Department of the Navy, Marine Corps Logistics Base, Albany, Georgia and American Federation of Government Employees
Marine Corps Logistics Base, Albany (FLRA 4-CA-70665): Details complaint dismissed after court remand
The Marine Corps Logistics Base in Albany detailed four bargaining unit employees to different, less desirable duties for 120 days. AFGE sought bargaining over the details' impact, and the Authority initially found that the base's refusal was an unfair labor practice. The D.C. Circuit reversed…
American Federation of Government Employees, Local 1840 and U.S. Department of the Air Force, Randolph Air Force Base
AFGE Local 1840 and Randolph Air Force Base (FLRA 0-AR-2252): Cashier suspension award upheld
A Randolph Air Force Base cashier received a seven-day suspension for alleged disruptive statements about coworkers and selling tickets while on duty. An arbitrator upheld the suspension, and AFGE Local 1840 challenged the award. The union disputed the evidence, claimed the award conflicted with…
Peabody Coal Company
Citation and penalty vacated, proceeding dismissed
Peabody Coal challenged a citation alleging a violation of 30 C.F.R. § 75.301. The Commission had granted Peabody’s petition for discretionary review after an adverse ALJ decision. MSHA later vacated the citation because a final rule expected to take effect would moot the issues, and Peabody did…
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.