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
Compensation proceeding dismissed after settlement
Roy Farmer, on behalf of other miners, asked to withdraw a compensation complaint against Island Creek Coal Company based on a settlement of the underlying dispute. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. He dismissed the case.
Koch Carbon, Inc.
Discrimination proceeding dismissed with prejudice at complainant's request
Raymond D. Sheets told Koch Carbon's counsel that he wished to drop his discrimination case. He also sent the judge a letter requesting that the case against Koch Carbon end with no further action. Neither party responded to the judge's order to show cause why the matter should not be dismissed…
Hills Materials Company
Settlement approved and two citations modified
Hills Materials Company and the Secretary agreed to settle five violations after a hearing. Judge Michael A. Lasher, Jr. approved the settlement and modified two citations by deleting their significant-and-substantial designations. The other three citations were resolved at the penalties proposed…
Doris Coal Company, Inc.
Settlement approved and penalties reduced to $12,155
Doris Coal Company faced thirteen alleged violations of 30 C.F.R. § 70.209(b), originally assessed at $1,100 each. The Secretary and the operator disputed whether the violations resulted from a deliberate act and disputed the degree of negligence. Judge James A. Broderick approved the settlement…
International Federation of Professional and Technical Engineers, Local 89 and U.S. Department of the Interior, Bureau of Reclamation, Grand Coulee Project Office
IFPTE Local 89 and Grand Coulee Project Office (FLRA 0-NG-2044): Drug testing petition dismissed without prejudice
IFPTE Local 89 submitted a large set of proposals in response to the Grand Coulee Project Office's drug testing plan. An internal agency memorandum called more than 100 sections nonnegotiable, and the union filed a petition after receiving a copy. The Authority found that the memorandum was an…
American Federation of Government Employees, Local 868 and U.S. Department of the Interior, Chattanooga and Chickamauga National Military Park
AFGE Local 868 and Chattanooga and Chickamauga National Military Park (FLRA 0-NG-2010): First consideration rule approved
AFGE Local 868 negotiated a provision giving bargaining unit employees first consideration for advertised unit vacancies at the Chattanooga and Chickamauga National Military Park. The agency head disapproved it, arguing that it restricted management's choice of candidates. The Authority read the…
United States Steel Mining Company
Finding of no violation affirmed
United States Steel Mining operated a preparation plant with a thermal coal dryer. An MSHA inspector observed a crack in the dryer's metal lining and cited the company under 30 C.F.R. § 77.200, alleging loss of fluidizing air and a potential fire or explosion hazard. The Commission held that the…
Chemical Waste Management, Inc. Kettleman Hills Facility
In re Chemical Waste Management, Inc. Kettleman Hills Facility (EAB RCRA Appeal No. 91-17): review denied
El Pueblo para el Aire y Agua Limpio challenged a permit modification for Chemical Waste Management’s Kettleman Hills hazardous-waste facility in California. The petitioner argued that former EPA permits-section chief James C. Breitlow had a conflict because he discussed employment with CWM while…
In re Contests of Respirable Dust Sample Alteration Citations
Motions to vacate dust citations denied
This consolidated order addressed motions by Utah Power and Light, now Energy West Mining Company, Bentley Coal Company, and Kentucky Prince Coal Company to vacate citations alleging that respirable-dust samples had been altered. The operators argued that the Secretary issued the citations too…
U.S. Department of Veterans Affairs, Long Beach Medical Center and American Federation of Government Employees, Local 3943
Long Beach VA Medical Center and AFGE Local 3943 (FLRA 98-CA-10457): Employee contact list ordered released
AFGE Local 3943 asked the Long Beach VA Medical Center for the names and home addresses of employees in its bargaining unit. The medical center neither answered nor supplied the list, arguing that disclosure would conflict with privacy law and that the union had other ways to contact employees…
Department of the Navy, Naval Facilities Engineering Command, Western Division and National Federation of Federal Employees, Local 2096
Navy Western Division and NFFE Local 2096 (FLRA 9-CA-00100, 9-CA-00134): Reorganization claim dismissed, steward discrimination found
The Navy's Western Division eliminated construction representative positions during a budget-driven reorganization. The Authority found that the Navy would have made that change regardless of union activity and dismissed the related unfair labor practice claim. In a separate claim, it found that…
Department of the Air Force, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23
Scott Air Force Base and NAGE Local R7-23 (FLRA 5-CA-80069): Supervisor discipline record dispute remanded
NAGE Local R7-23 sought a final disciplinary decision concerning a supervisor while preparing an employee's grievance at Scott Air Force Base. The Air Force refused to provide it, and the Authority had earlier found that refusal unlawful. A federal appeals court returned the case for consideration…
U.S. Department of the Navy, Naval Education and Training Program Development Center, Management Support Activity and American Federation of Government Employees, Local 1960
Pensacola Navy training center and AFGE Local 1960 (FLRA 0-AR-2226): Transfer grievance award upheld
A Navy education specialist with limited use of one arm requested a transfer after computers were introduced to his division. The Navy transferred him to another branch, but denied the specific placement he sought. An arbitrator found that the agency had reasonably accommodated his work needs and…
Overseas Education Association and U.S. Department of Defense, Office of Dependents Schools
Overseas Education Association and Office of Dependents Schools (FLRA 0-AR-2221): Teacher salary fee award upheld
An arbitrator ordered the Office of Dependents Schools to add a third longevity step to its teachers' salary schedule, then awarded attorney fees to the union. The agency challenged the fee award, arguing that it lacked authority to add the salary step and could not have known its calculation…
U.S. Department of the Army, Fort Campbell, Kentucky and American Federation of Government Employees, Local 2022
Fort Campbell and AFGE Local 2022 (FLRA 0-AR-2200): Travel allowance grievance award upheld
Fort Campbell recovered $418.80 from an employee's pay after questioning tips and laundry expenses claimed on a travel voucher. On remand from an earlier Authority decision, an arbitrator found reasonable cause to suspect that the claimed expenses had been falsified and denied the employee's…
American Federation of Government Employees, Local 2369 and U.S. Department of Health and Human Services, Social Security Administration
AFGE Local 2369 and Social Security Administration (FLRA 0-AR-2186): Claims representative reappraisal ordered
A Social Security claims representative challenged four ratings in her annual performance appraisal. An arbitrator found that the agency delayed a required progress review and retained inaccurate criticism, then ordered a new appraisal by a different supervisor with no lower score on any job task…
U.S. Patent and Trademark Office and Patent Office Professional Association
Patent and Trademark Office and POPA (FLRA 3-CA-10483): Overtime policy complaint dismissed
The Patent Office Professional Association challenged a change to the productivity policy for overtime eligibility in one patent examining group. An administrative law judge found no unfair labor practice, and the Authority adopted that result. The General Counsel argued that an earlier arbitration…
American Federation of Government Employees, Local 3769 and U.S. Department of Agriculture, Federal Grain Inspection Service, League City Field Office
AFGE Local 3769 and Federal Grain Inspection Service (FLRA 0-NG-2008): Shift limits held nonnegotiable
AFGE Local 3769 proposed a 12-hour work limit in each 24-hour period and at least 10 consecutive off-duty hours between assignments on different days for grain inspectors. The Authority recognized that shorter shifts and rest periods could reduce fatigue and accident risk. It held, however, that…
National Federation of Federal Employees, Local 1482 and U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Center, Louisville Office
NFFE Local 1482 and Defense Mapping Agency Louisville Office (FLRA 0-NG-1912): Promotion proposals split
NFFE Local 1482 proposed nine terms for filling new GS-12 senior cartographer positions at the Defense Mapping Agency's Louisville office. The Authority found negotiable a procedure for telling employees about openings and a requirement to retain selection records and give the union access, with…
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-2249): Fourteen-day suspension upheld
The Martinsburg VA Medical Center suspended an employee for 14 days for deliberately failing to follow instructions. An arbitrator found that the agency had proved the penalty appropriate, considering the employee's prior related suspensions. NAGE Local R4-78 argued that the arbitrator misread the…
American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Social Security Administration
AFGE Local 1923 and Social Security Administration (FLRA 0-AR-2211): Overtime award set aside
Eighteen Social Security employees worked rotating shifts that sometimes ran for six or seven consecutive days. An arbitrator awarded overtime pay after finding their schedules violated the parties' agreement and the Fair Labor Standards Act. The Authority held that consecutive days crossing an…
Consolidation Coal Company
Reporting citations and high negligence affirmed
Consolidation Coal was cited for reporting more employee hours than its payroll and other time records showed at its Robinson Run No. 95 and Blackstone No. 1 mines. The company had added time that miners spent on mine property before and after their paid shifts. The Commission held that the Part 50…
Capricorn Coal Company, Inc.
Settlement approved for dust-standard violation
Capricorn Coal agreed to settle one alleged violation of the respirable-dust standard at its Mine No. 3. The violation under 30 C.F.R. § 70.209(b) had originally carried a proposed penalty of $1,200. The Secretary and the operator disputed whether the violation was deliberate and disagreed about…
Donald L. Giacomo, employed by Wyoming Fuel Company
Donald L. Giacomo (FMSHRC WEST 92-100): Motion to compel witness names granted
The Secretary brought a civil penalty case against Donald L. Giacomo and invoked the informant privilege to withhold the names of potential witnesses. Judge John J. Morris reviewed the protected material in camera and found that Giacomo's need for the information was greater than the Secretary's…
R & N Coal Company
Financial hardship settlement approved
R & N Coal Company asked to settle two civil penalty proceedings because it had no employees and its only income was $3,250 per month in rental income. The Secretary proposed a 90 percent reduction for each violation and payment in six monthly installments. Judge Roy J. Maurer found the settlement…
National Federation of Federal Employees, Council of Veterans Administration Locals and U.S. Department of Veterans Affairs
NFFE Veterans Administration Council and VA (FLRA 0-AR-2286): Arbitration exceptions filed late
NFFE's Council of Veterans Administration Locals filed exceptions to an arbitration award. The arbitrator mailed the award on April 14, 1992, which started the filing period. With the five extra days allowed for service by mail, the deadline was May 18, but the union's filing was postmarked May 19…
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-2215): Electronic message reprimand upheld
The Army and Air Force Exchange Service gave a marketing manager a written reprimand for sending an electronic message outside his division without the required approval. An arbitrator found the message rule reasonable, that the employee knew it, and that he had received an earlier warning for a…
In re: Contests of Respirable Dust Sample Alteration Citations
Discovery motion partly granted
Contestants in the respirable-dust sample alteration proceedings asked the judge to compel further discovery responses from the Secretary. After the Department of Labor's Office of Inspector General withdrew its investigative-privilege claim, the Secretary disclosed inspector identities and other…
Association of Civilian Technicians, New York State Council and U.S. Department of Defense, National Guard Bureau, State of New York, Division of Military and Naval Affairs
ACT New York State Council and New York National Guard (FLRA 0-NG-2011): Technician qualification proposal rejected
The union proposed rules for counting part-time National Guard service toward the qualifications for full-time civilian technician positions. The Authority found that the proposal concerned civilian working conditions, even though it addressed military service and training. But the proposal limited…
National Association of Government Employees, Local R14-151 and U.S. Department of the Army, Lone Star Army Ammunition Plant
NAGE Local R14-151 and Lone Star Army Ammunition Plant (FLRA 0-AR-2163): Reemployment grievance award upheld
After a reduction in force at the Lone Star Army Ammunition Plant, NAGE Local R14-151 argued that a former bargaining unit employee should have received a vacancy filled by a former supervisor. An arbitrator rejected the union's reading of the agreement's reemployment priority provision and denied…
Asarco, Inc.
Three citations vacated and one affirmed
Asarco operated the Immel underground zinc mine, where a roof fall killed a miner. The Commission reviewed four citations, two alleging failures to test or examine ground under 30 C.F.R. § 57.3401 and two alleging failures to correct hazardous ground under 30 C.F.R. § 57.3200. It vacated the two…
Matter of Papazyan
1990 Act charge designations were upheld
The Board reviewed the Service's appeal from an Immigration Judge's termination of deportation proceedings against a Turkish conditional permanent resident. The Immigration Judge had found the charging document defective because it used the pre-1990 exclusion-ground designations for the…
Matter of R-R-
Asylum reopening request was dismissed
The Board reviewed a Nicaraguan respondent's appeal from the denial of motions to reopen deportation proceedings so he could pursue asylum. The Board held that a respondent seeking reopening after failing to request asylum before the proceedings ended must meet the general motion requirements and…
American Federation of Government Employees, Local 4041 and U.S. Department of Health and Human Services, Social Security Administration, Albuquerque Teleservice Center
AFGE Local 4041 and Albuquerque Teleservice Center (FLRA 0-NG-2009): Training terms upheld, performance assessment limit rejected
AFGE Local 4041 negotiated three terms concerning a new Telephone Systems Analyst position at the Social Security Administration's Albuquerque Teleservice Center. The agency disapproved terms requiring training on call distribution equipment, protection from avoidable interruptions during training…
Miners Advocacy Council
In re Miners Advocacy Council (EAB NPDES Appeal No. 91-23): review granted in part and denied in part
The Miners Advocacy Council, an industry trade group for Alaska placer miners, sought an evidentiary hearing on eleven issues involving 31 similar NPDES permits issued by EPA Region X. The Environmental Appeals Board denied review of most issues, including mixing zones, arsenic monitoring, state…
Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base and American Federation of Government Employees, Local 1857
McClellan Air Force Base and AFGE Local 1857 (FLRA 9-CA-80341): Discipline record request returned for further findings
AFGE Local 1857 requested a discipline coordination sheet while handling a grievance for an employee at McClellan Air Force Base. The agency refused to provide the sheet, and the Authority previously found that refusal unlawful. A court returned the case because the Authority had not applied the…
U.S. Department of Labor and National Council of Field Labor Locals, American Federation of Government Employees
Department of Labor and AFGE Field Labor Locals (FLRA 7-CA-90697): Suspension records request returned for further proceedings
The union asked the Department of Labor for records of earlier suspensions while preparing arbitration cases involving five employees. The agency refused, and the Authority previously ordered it to provide the records. A court returned the case because a later court ruling changed how the Authority…
National Park Service, National Capital Region, United States Park Police and Police Association of the District of Columbia
United States Park Police and Police Association of DC (FLRA 3-CA-60168): Grievance records request returned for further findings
The union representing United States Park Police employees requested supervisors' and managers' recommendations, concurrences, and opinions while handling grievances about discipline and sick leave. The Park Service refused to provide those records. After earlier rulings, a court held that the…
National Labor Relations Board and National Labor Relations Board Union, Local 6
NLRB and NLRB Union Local 6 (FLRA 2-CA-50471): Information request case returned for further findings
An NLRB employee sought a part-time schedule, and the union asked for an internal memorandum about the request after the agency denied it. The NLRB refused to provide the memorandum, prompting an unfair labor practice complaint. Earlier Authority decisions and court review disagreed about the legal…
American Federation of Government Employees, Local 1923 and U.S. Department of Health and Human Services, Health Care Financing Administration, Baltimore
AFGE Local 1923 and Health Care Financing Administration (FLRA 0-NG-1710): Affirmative employment proposals split
AFGE Local 1923 sought to bargain over proposals for the Health Care Financing Administration's affirmative employment program. The proposals addressed equal employment opportunity, program reviews, training, bridge positions, hiring targets, complaint procedures, and accommodations for employees…
U.S. Department of Defense, Defense Logistic Agency, Defense Depot Memphis and American Federation of Government Employees, Local 2501
Defense Depot Memphis and AFGE Local 2501 (FLRA 0-AR-2277): Late arbitration exceptions dismissed
AFGE Local 2501 filed exceptions to an arbitration award involving Defense Depot Memphis. The award was dated March 19, 1992, making April 22 the deadline for filing exceptions if it was mailed that day. The union filed on April 29. It said it had calculated an April 30 deadline based on a…
U.S. Department of the Army, Fort Polk, Louisiana and National Association of Government Employees, Local R5-168
Fort Polk and NAGE Local R5-168 (FLRA 0-AR-2145): Backpay interest added to temporary promotion award
A Fort Polk budget assistant won an arbitration award for a retroactive temporary promotion to a higher graded budget analyst position, with backpay. Both the Army and the union challenged the award. The Authority rejected the Army's challenges to the promotion and backpay. It added interest to the…
Hobet Mining, Incorporated
Excessive-history penalties remanded
Hobet Mining challenged penalty proposals calculated under the Secretary's excessive-history program, which increased penalties based on prior violations. The Commission held that it had jurisdiction to review the program and that the program was an invalid substantive rule because it had not gone…
Cyprus-Plateau Mining Corporation
Excessive-history penalties remanded
Cyprus-Plateau Mining Corporation challenged penalty proposals calculated under the Secretary's interim excessive-history program, which increased penalties based on prior violations. The Commission held that it had jurisdiction to review the program and that the program was an invalid substantive…
Utah Power and Light Company
Excessive-history penalties remanded
Utah Power and Light challenged civil penalty proposals calculated under the Secretary's excessive-history program, which added increases based on prior violations. The Commission held that the program was an invalid substantive rule because it had not gone through notice-and-comment rulemaking and…
Zeigler Coal Company
Excessive-history penalty remanded
Zeigler Coal challenged a proposed penalty for a violation of 30 C.F.R. § 75.400 after the Secretary increased the amount under an excessive-history program. The Commission held that the program was an invalid substantive rule because it had not been issued through notice-and-comment rulemaking and…
Kem Coal Company
Damages ordered after discriminatory-discharge finding
An earlier decision found Kem Coal Company liable for discriminating against Charles T. Smith in violation of section 105(c) of the Mine Act. The parties stipulated that back pay and interest through April 30, 1992, totaled $46,157.12, and that attorney fees and costs totaled $6,247.50. Judge…
Matter of Davis
Drug trafficking conviction was an aggravated felony
The Board considered cross-appeals after an Immigration Judge found a Dominican respondent deportable for a controlled-substance conviction but did not find that the conviction was an aggravated felony. The Board summarily dismissed the respondent's appeal and held that his Maryland conspiracy…
Matter of C-
Aggravated felony barred asylum and withholding
The Board reviewed a Romanian lawful permanent resident's appeal after an Immigration Judge found him deportable for a murder conviction and an aggravated felony and ordered him deported to Austria, with Romania as an alternative. The Board held that an aggravated felony conviction barred the…
Matter of Beltran
Drug solicitation supported deportability
The Board reviewed a Mexican respondent's appeal from a deportation order based on a conviction for solicitation to possess narcotic drugs. The Board held that the Arizona solicitation conviction was a violation of a law relating to a controlled substance because the solicitation offense was…
Matter of Hou
Attempted firearm offense did not support deportability
The Board reviewed a Canadian citizen's appeal after an Immigration Judge found him deportable for attempted criminal possession of a weapon and denied his request for section 212(c) relief. The Board held that the firearms deportability provision did not include attempted firearms violations…
Texas Utilities Mining Company
Excessive-history penalty remanded
Texas Utilities Mining Company challenged a penalty proposal calculated under the Secretary's interim excessive-history program after MSHA cited one violation of a mine safety standard. The Commission held that it had jurisdiction to review the program and that the program exceeded the court's…
U.S. Department of Veterans Affairs Medical Center, Marion, Illinois and American Federation of Government Employees, Local 2483
Marion VA Medical Center and AFGE Local 2483 (FLRA 5-CA-10594): Employee contact information ordered released
AFGE Local 2483 asked the Marion VA Medical Center for the names and home addresses of employees in its bargaining unit. The medical center refused, citing privacy law and other ways for the union to contact employees. Applying its existing decisions, the Authority held that disclosure was legally…
American Federation of Government Employees, Local 1658 and U.S. Department of the Army, Army Tank-Automotive Command, Warren, Michigan
AFGE Local 1658 and Army Tank-Automotive Command (FLRA 0-NG-1921): Travel and overtime provisions split
The Army disapproved several contract terms negotiated with AFGE Local 1658 concerning temporary duty travel, overtime, and incidental assignments. The Authority found a 15-workday cap on temporary duty nonnegotiable because it excessively restricted management's ability to assign employees and…
American Federation of Government Employees, National Border Patrol Council and U.S. Department of Justice, Immigration and Naturalization Service, El Paso Border Patrol Sector
National Border Patrol Council and El Paso Border Patrol Sector (FLRA 0-AR-2161): Union official's suspension set aside
The Border Patrol suspended an agent for four days after he used insulting language in private telephone calls with a supervisor about time off for union duties. An arbitrator upheld the suspension, treating the calls as employee leave discussions rather than union activity. The Authority found…
Cyprus-Plateau Mining Corporation
Settlement approved with modified citation and $345 penalty
Cyprus-Plateau Mining Corporation, Robert Q. Powell, and the Secretary resolved three related mine-safety proceedings through an agreement reached after a hearing began. Judge John J. Morris approved changes converting Order No. 3583459 to a section 104(a) citation and replacing alleged violations…
Mid-Continent Resources, Inc.
$165 settlement approved in bankruptcy case
Mid-Continent Resources reached a settlement with the Secretary in a civil penalty case involving three citations at the Dutch Creek Mine. The proposed penalties were $91 each for two citations, with the third reduced from $91 to $55, for a total amended amount of $237 before the bankruptcy…
Cyprus-Plateau Mining Corporation
Settlement approved with modified citation and $345 penalty
Cyprus-Plateau Mining Corporation, Robert Q. Powell, and the Secretary resolved three related mine-safety proceedings through an agreement reached after a hearing began. Judge John J. Morris approved changes converting Order No. 3583459 to a section 104(a) citation and replacing alleged violations…
Mar-Land Industrial Contractor, Inc.
Safety-belt violation affirmed, high-negligence finding reversed
Mar-Land Industrial Contractor was cited after an employee fell while working about 52 feet above a plant floor and later died. The Commission affirmed that Mar-Land violated the safety-belt standard because the employee did not properly secure the line, even though the belt and lines were not…
BethEnergy Mines, Inc.
Safeguard notice affirmed, conveyor citations vacated
BethEnergy's Mine No. 60 had a safeguard notice requiring at least 24 inches of clear travelway on both sides of belt conveyors. Judge William Fauver held that the safeguard was valid because it was based on the inspector's observations of narrow and obstructed travelways, but he found that 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.