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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American Federation of Government Employees, Local 2797 and U.S. Department of the Army, Jefferson Proving Ground, Madison, Indiana
AFGE Local 2797 and Jefferson Proving Ground (FLRA 0-AR-2265): Interest arbitration exceptions dismissed
AFGE Local 2797 challenged an interest arbitration award for its dispute with the Army's Jefferson Proving Ground. The Federal Service Impasses Panel had recommended interest arbitration after the union requested its help, and the arbitrator issued an award. The Authority held that it cannot review…
U.S. Department of the Army, Headquarters, XVII Airborne Corps and Fort Bragg, North Carolina and American Federation of Government Employees, Local 1770
Fort Bragg and AFGE Local 1770 (FLRA 0-AR-2224): Priority consideration limited to qualified employee
The Army filled a new GS-9 job at Fort Bragg without competition, and four employees grieved the selection. An arbitrator found that the Army had violated its negotiated placement plan but that only one grievant was qualified for the job. He gave that employee priority consideration for a future…
Consolidation Coal Company
Unwarrantable-failure order modified and $750 penalty assessed
Consolidation Coal admitted a ventilation violation and its significant-and-substantial designation after an inspector found only 4,930 CFM of air where the mine's approved plan required 6,000 CFM. Judge Paul Merlin found that the evidence did not establish that the defective tubing or a misplaced…
Multitrade Limited Partnership
In re Multitrade Limited Partnership (EAB PSD Appeal No. 92-2): review denied
Multitrade Limited Partnership sought an amended prevention of significant deterioration permit from Virginia for a small wood-fired power generation plant. The Virginia Department of Air Pollution Control deleted coal as a permitted fuel and added a restriction tied to enforceable emission…
Long Beach Naval Shipyard, California and Federal Employees Metal Trades Council, AFL-CIO
Long Beach Naval Shipyard and Metal Trades Council (FLRA 8-CA-90137): Threat over confidential union communications unlawful
A Long Beach Naval Shipyard employee represented another worker in a disciplinary matter and learned information from him in that role. Investigators later asked the representative about what the worker had told him, and the shipyard threatened discipline when he refused to answer. The Authority…
Defense Logistics Agency and American Federation of Government Employees, Local 1546
Defense Logistics Agency and AFGE Local 1546 (FLRA 0-AR-2195): Promotion grievance can proceed
Three Defense Logistics Agency employees held temporary GS-12 promotions for years while other employees received permanent promotions. After the three returned to GS-11, their union grieved what it viewed as unequal treatment. An arbitrator found the grievance timely and arbitrable under a local…
Consolidation Coal Company
Settlements approved across consolidated penalty cases
Consolidation Coal Company and the Secretary of Labor presented settlements covering one contest proceeding and eleven civil penalty proceedings involving several coal mines. Judge David Barbour approved the settlements after finding them in the public interest. The order reduced or vacated several…
Austin Powder Company
Magazine violations affirmed with civil penalties
Austin Powder Company stored and handled explosives at the Oro Grande Mine, where MSHA inspectors found problems with grounding, ventilation, warning signs, and vegetation around storage magazines. Judge John Morris held that Austin was an independent contractor subject to the Mine Act because it…
Kem Coal Company
Discriminatory discharge finding reaffirmed on remand
The Commission remanded Charles T. Smith's discrimination case for additional credibility findings and analysis of whether his discharge was connected to protected safety activity. Judge William Fauver credited Smith's account, found that a supervisor gave management a distorted account of the…
American Federation of Government Employees, Local 1857, AFL-CIO and Mary Elizabeth Crawford
AFGE Local 1857 and Mary Crawford (FLRA 9-CO-10005): Steward removal violated federal labor law
AFGE Local 1857 removed Mary Crawford as a steward after she helped another employee file an unfair labor practice charge against the union. The Authority upheld a finding that the union's executive board had considered Crawford's protected activity when it sustained her removal. The union had not…
U.S. Department of Labor, Washington, D.C. and American Federation of Government Employees, Local 12, AFL-CIO
Department of Labor and AFGE Local 12 (FLRA 3-CA-00464): Parking changes required bargaining
The Department of Labor raised monthly employee parking fees at its Washington headquarters from $10.30 to $16.80 and changed garage operations without bargaining with AFGE Local 12. The Authority upheld an unfair labor practice finding because employee parking arrangements were negotiable working…
U.S. Department of Veterans Affairs Medical Center, Atlanta, Georgia and National Federation of Federal Employees, Local 2102
Atlanta VA Medical Center and NFFE Local 2102 (FLRA 0-AR-2172): Parking award reconsideration denied
The Atlanta VA Medical Center asked the Authority to reconsider its earlier decision upholding an arbitrator's ruling on employee parking fees. The agency argued that the award effectively capped its parking rate at the lowest rate charged by any VA medical facility. The Authority maintained that…
International Association of Firefighters, Local 13 and Panama Canal Commission, General Services Bureau
Firefighters Local 13 and Panama Canal Commission (FLRA 0-AR-2081): Overtime award reconsideration denied
The Panama Canal Commission asked the Authority to reconsider a ruling upholding approximately 10 years of overtime backpay for firefighters. It argued that a six-year claims limit barred part of the award and sought a stay. The Authority found no extraordinary circumstances for reconsideration. It…
Mettiki Coal Corporation
Proceedings dismissed on unopposed motion
Mettiki Coal Corporation was involved in a contest proceeding and a related civil penalty proceeding. Judge William Fauver granted the Secretary's unopposed motion to dismiss and dismissed both proceedings. The short order does not state the underlying citation outcome or a penalty amount.
Chevron Chemical Co. (Richmond, CA Facility)
In re Chevron Chemical Co. (Richmond, CA Facility) (EAB RCRA Appeal No. 90-15): limited remand ordered
EPA Region IX issued Chevron Chemical Company a RCRA permit for a hazardous-waste incineration, storage, and treatment facility in Richmond, California. Chevron, the Pipe Trades Council of Northern California, and Citizens for a Better Environment raised twelve issues. The Board remanded for the…
Matter of Carbajal
A resubmitted visa petition received a new filing date
The Board reviewed a United States citizen's appeal after the Service denied her visa petition for her sister based on an earlier filing made while she was still a lawful permanent resident. The petitioner became a citizen, resubmitted the petition with supporting documents and a new fee, and the…
Walker Stone Company, Inc.
Unsafe conveyor access citation affirmed
Walker Stone Company operated a limestone quarry where an employee used an inclined conveyor belt to reach a crusher head pulley without a handrail. Judge Roy J. Maurer found that the lack of a safe access means violated the cited standard and was significant and substantial because a fall could…
Grefco, Incorporated
Settlement approved and penalty reduced
Grefco, Incorporated and the Secretary agreed to settle a civil penalty proceeding before a hearing. The parties agreed to remove the significant-and-substantial allegations and reduce the proposed penalty for Citation No. 3448926 from $192 to $20. Judge John Morris found the settlement reasonable…
National Federation of Federal Employees, Local 1487 and U.S. Department of the Interior, Bureau of Reclamation, Lower Colorado Regional Office, Yuma Project Office
NFFE Local 1487 and Yuma Reclamation Office (FLRA 0-NG-1980): Three pay proposals nonnegotiable
NFFE Local 1487 proposed shift differentials, retained pay after a reduction in force, and Sunday premium pay for Bureau of Reclamation employees in Yuma. A special statute let this bargaining unit negotiate pay practices only when they matched current prevailing rates and practices. The agency…
U.S. Department of the Treasury, Bureau of Engraving and Printing and International Plate Printers, Die Stampers and Engravers Union, Washington Plate Printers Union, Local 2
Bureau of Engraving and Printing and Plate Printers Local 2 (FLRA 0-AR-2111, 0-AR-2121): Contract restoration upheld
The Bureau of Engraving and Printing canceled its collective bargaining agreement with Plate Printers Local 2 and changed staffing and work rules. An arbitrator found the cancellation invalid, ordered the changes rescinded, and later clarified how long the restored agreement would remain in effect…
Consolidation Coal Company
Preshift-examination order modified
MSHA alleged that Consolidation Coal Company failed to conduct and record preshift examinations in a coal-mine tailgate entry where miners were working near water, trip hazards, and unstable roof. Judge Paul Merlin found the failure to conduct a preshift examination was significant and substantial…
Wallace Brothers
Untimely contest dismissed
Wallace Brothers sought review of proposed civil penalty assessments after learning that the assessments had become final because they were not contested within 30 days. Judge Paul Merlin held that the Commission lacked jurisdiction to excuse the late contest. The operator's communications with…
B&B Wrecking and Excavating, Inc.
In re B&B Wrecking and Excavating, Inc. (EAB TSCA Appeal No. 92-2): appeal dismissed as untimely
EPA Region V alleged that B&B Wrecking and Excavating, Inc. violated TSCA section 15 and the polychlorinated biphenyl disposal and marking regulations in 40 C.F.R. Part 761. An Administrative Law Judge issued a default order after B&B failed to comply with a prehearing discovery order and imposed a…
U.S. Department of the Air Force, Headquarters, Oklahoma City Air Logistics Center, Tinker Air Force Base and American Federation of Government Employees, Local 916
Tinker Air Force Base and AFGE Local 916 (FLRA 0-AR-2202): Five-day suspension upheld
An employee at Tinker Air Force Base received a five-day suspension for failing to carry out an assignment and acting defiantly toward a supervisor. An arbitrator found the suspension supported by the evidence and the decision notice timely under the labor agreement. AFGE Local 916 challenged the…
General Services Administration, Region 9 and American Federation of Government Employees, Council 236
GSA Region 9 and AFGE Council 236 (FLRA 0-AR-2199): Suspension grievance found outside bargaining unit procedure
GSA proposed a five-day suspension for a lead police officer, then reclassified his job as a supervisory position outside the bargaining unit before issuing the suspension decision. An arbitrator found the grievance unavailable under the negotiated procedure because the employee was outside the…
American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Tinker Air Force Base, Oklahoma
AFGE Local 916 and Tinker Air Force Base (FLRA 0-AR-2164): Promotion grievance denied
A Tinker Air Force Base employee sought promotion from WG-8 to WG-9 after management stopped his specialized training shortly before completion. An arbitrator found the treatment unfair but determined that the employee had neither won a competitive promotion nor shown that he performed WG-9 duties…
American Federation of Government Employees, Local 1923, AFL-CIO and U.S. Department of Health and Human Services, Health Care Financing Administration, Baltimore, Maryland
AFGE Local 1923 and Health Care Financing Administration (FLRA 0-AR-2141): Priority consideration did not guarantee promotion
An employee at the Health Care Financing Administration had priority consideration for a GS-13 program analyst vacancy after winning an earlier performance appraisal challenge. The agency considered her before other candidates but did not select her because she lacked experience directly related to…
Atlas Environmental Services, Inc., et al.
In re Atlas Environmental Services, Inc., et al. (EAB RCRA Appeal No. 91-18): review denied
Atlas Environmental Services, Inc. operated a proposed reactive-waste incinerator and storage and feed handling building in Joplin, Missouri. Petitioners challenged the federal portion of the RCRA permit, raising concerns about a permit typo, site geology and groundwater, air quality, the location…
Matter of R-O-
Guerrilla recruitment did not establish political persecution
The Board reviewed a Salvadoran respondent's appeal after an immigration judge denied asylum and withholding of deportation but granted voluntary departure. The respondent said guerrillas threatened him after he stopped participating in their activities and that he feared both the guerrillas and…
Trinity Industries, Inc.
Noise and press items affirmed with other items vacated
Trinity Industries manufactured liquid propane gas cylinders at a Jacksonville, Florida facility and contested consolidated health and safety citations. The Commission declined to dismiss the cases over the Secretary's refusal to comply with discovery orders because Trinity had litigated the…
Klamath Pacific Corporation
Settlement order reopened and remanded
Klamath Pacific Corporation had agreed to settle eight citations, and the ALJ approved a lump-sum penalty of $956.80 instead of the $1,472.00 originally proposed. The company later wrote that it contested all alleged violations and asked that three citations be dropped. The Commission treated that…
Industrial Glass
Heat-stress general-duty citation vacated
Industrial Glass manufactured bottles in a forming department where employees worked near molten glass and hot bottles. OSHA cited the company under the general duty clause for exposing employees to excessive heat stress. The Commission found that the Secretary's expert models did not accurately…
Lad Mining Inc., Larry Flynn, and Ronald Calhoun
Discovery order partially granted
The Secretary brought a Mine Act discrimination complaint on behalf of Jerry Lee Dotson, who alleged that Lad Mining, Larry Flynn, and Ronald Calhoun discharged him and refused to rehire him because of protected safety activity. During discovery, the respondents sought the names and expected…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration and AFGE (FLRA 3-CA-00013): Vacancy limits during impasse unlawful
The Social Security Administration narrowed which employees could apply for vacancies without AFGE's consent while a new labor agreement was at impasse before the Federal Service Impasses Panel. The Authority found that the prior agreement's limits on such changes remained binding and that SSA also…
Department of Veterans Affairs Medical Center, Chillicothe, Ohio and American Federation of Government Employees, AFL-CIO, Local 1631
Chillicothe VA Medical Center and AFGE Local 1631 (FLRA 5-CA-10635): Employee contact information ordered disclosed
AFGE Local 1631 requested the names and home addresses of represented employees from the Chillicothe VA Medical Center. The medical center refused. The Authority adopted an administrative law judge's finding that the refusal violated federal labor law, adhering to its prior ruling on disclosure of…
Service Employees International Union, Local 200-B and U.S. Department of Veterans Affairs Medical Center, Syracuse, New York
SEIU Local 200-B and Syracuse VA Medical Center (FLRA 0-NG-1895): Parking proposals receive split ruling
SEIU Local 200-B proposed six terms for employee parking at the Syracuse VA Medical Center. The Authority found four negotiable, covering monthly and daily fee limits, carpool key card use, and another key card provision. It rejected a ban on assigning security guards parking garage ticket or…
Fort Bragg Association of Teachers and U.S. Department of the Army, Fort Bragg Schools, North Carolina
Fort Bragg Association of Teachers and Army Schools (FLRA 0-NG-1883): Five contract provisions rejected
The Fort Bragg Association of Teachers appealed the Army's disapproval of five provisions in a school labor agreement. The provisions limited faculty and evening meetings, required certain leave approvals, and addressed reinstatement after disability. The Authority found that the meeting and leave…
American Federation of Government Employees, Local 3615 and U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals
AFGE Local 3615 and Social Security Hearings Office (FLRA 0-AR-2119): Paralegal selection grievance denied
AFGE Local 3615 challenged how the Social Security Administration prepared a best-qualified list for 12 paralegal specialist vacancies. The union argued that the list should have been expanded to include more women and minority candidates in line with the agency's equal employment opportunity…
Southern Ohio Coal Company
Remand settlement approved and proceedings dismissed
Southern Ohio Coal Company had a contest proceeding and a related civil penalty proceeding at the Martinka No. 1 Mine. On remand, the Secretary represented that the evidence would not support one order under the Commission’s Southern Ohio Coal standard, and Judge Roy J. Maurer vacated that order…
White Oak Mining Company
Jeffery A. Pate v. White Oak Mining Company (FMSHRC SE 91-104-D): Retaliatory discharge found, relief reserved
Jeffery A. Pate, a subcontractor and laborer at White Oak Mining, refused to shovel around an unguarded stacker-blender belt line after previously raising the guarding concern with MSHA. White Oak supervisor James Whitfield fired him after the refusal, although Pate also had other complaints about…
Pyramid Mining, Incorporated
Citations vacated and modified, one proceeding stayed
Pyramid Mining faced several citations at its Hall No. 2 Mine. The Secretary agreed to withdraw three citations, and Judge Avram Weisberger dismissed them. The judge approved reductions for a combustible-material citation and a hoist safety-device citation, lowering the combined penalty for those…
U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees
Social Security Administration and AFGE (FLRA 0-AR-2116): Overtime exemption and backpay award upheld
Social Security claims examiners and claims authorizers challenged the agency's classification of their jobs as exempt from federal overtime law. An arbitrator found that the agency had misapplied the federal administrative exemption and ordered it to treat them as covered and pay overtime backpay…
U. S. Steel Mining Company, Incorporated
Local Union 2122 v. U. S. Steel Mining Company (FMSHRC SE 91-26-C): Settlement withdrawal granted and case dismissed
Local Union 2122 of the United Mine Workers of America filed a compensation proceeding against U. S. Steel Mining Company concerning the Oak Grove Mine. The union moved to withdraw the case based on a stipulation of settlement filed by the parties. Judge Avram Weisberger granted the motion and…
Old Ben Coal Company
Coal-accumulation and seal citations dismissed
Old Ben Coal faced citations for coal and oil accumulations on diesel scoops and for the construction of underground seals at two mines. Judge Avram Weisberger held that the scoops were powered by diesel engines and were not electric equipment for purposes of the cited accumulation standard. He…
Erie Coke Corporation
Employer had to pay for gloves but violation was de minimis
Erie Coke made flame-resistant gloves available to coke-oven employees but required them to buy the gloves from the company at cost. The Commission deferred to the Secretary's reasonable interpretation that the coke-oven emissions standard required the employer to provide and pay for the gloves. It…
Department of Veterans Affairs Medical Center, Denver, Colorado and American Federation of Government Employees, Local 2241
Denver VA Medical Center and AFGE Local 2241 (FLRA 7-CA-10430): Union excluded from formal interviews
A Denver VA attorney interviewed four bargaining unit employees to prepare for an arbitration over another employee's termination. The medical center gave AFGE Local 2241 no notice or chance to attend. The Authority held that the interviews were formal discussions about a grievance, so the union…
Department of Justice, Immigration and Naturalization Service, Border Patrol, El Paso, Texas and American Federation of Government Employees, National Border Patrol Council
El Paso Border Patrol and AFGE Council (FLRA 6-CA-80655): Late reconsideration motion rejected
The Border Patrol's El Paso office sought reconsideration of an earlier Authority unfair labor practice ruling after the ten-day filing deadline had passed. It asked for a waiver based on a later court decision that it believed conflicted with the ruling. The Authority found no extraordinary…
Machinists Franklin Lodge 2135 and other unions and U.S. Department of the Treasury, Bureau of Engraving and Printing
Bureau of Engraving and Printing and unions (FLRA 0-NG-1927-002): Stay of wage bargaining order denied
The Bureau of Engraving and Printing asked the Authority to pause an earlier order requiring wage negotiations with several unions while it sought a possible court appeal. The bureau said bargaining would consume resources and might prove unnecessary if a court later changed the order. The…
U.S. Department of the Air Force, Air Force Development Test Center, Eglin Air Force Base, Florida and American Federation of Government Employees, Local 1897
Eglin Air Force Base and AFGE Local 1897 (FLRA 0-AR-2230): Removal award beyond Authority review
An Eglin Air Force Base employee was removed for unacceptable performance, and an arbitrator upheld the removal. AFGE Local 1897 filed exceptions with the Authority, arguing that the arbitrator had missed evidence and that the agency had failed to notify the union about a change in working…
Ciba-Geigy Corporation and Hercules, Inc.
In re Ciba-Geigy Corporation and Hercules, Inc. (EAB RCRA Appeal No. 91-28): review denied
EPA Region II issued Ciba-Geigy Corporation and Hercules, Inc. a permit for the federal portion of a Resource Conservation and Recovery Act permit under the 1984 Hazardous and Solid Waste Amendments. The petitioners argued that the permit should automatically terminate if New York State later…
Contests of Respirable Dust Sample Alteration Citations
Motion to vacate allowed to proceed
The consolidated proceedings involved 36 citations alleging that respirable-dust samples had been altered by removing part of the dust from the sample. The mine operators moved to vacate the citations, arguing that MSHA delayed issuing them and that the delay caused prejudice through lost evidence…
Ames Construction, Inc.
Tom K. Sperry v. Ames Construction, Inc. (FMSHRC WEST 91-473-DM): Discrimination complaint dismissed
Tom K. Sperry alleged that Ames Construction laid him off and then refused to rehire him because he had filed an MSHA complaint and raised safety concerns. Ames said the layoff resulted from a seasonal reduction in force and that it did not rehire Sperry because he was an unsafe employee. Judge…
Twentymile Coal Company
Respiratory-dust citation affirmed as significant and substantial
MSHA cited Twentymile Coal after five valid samples showed an average respirable-dust concentration of 2.1 milligrams per cubic meter, above the 2.0 limit. The parties agreed that the violation occurred and asked the judge to decide whether the citation could be designated significant and…
National Cement Company
Ronny Boswell v. National Cement Company (FMSHRC SE 90-112-DM): Safety-refusal discrimination sustained on remand
National Cement disqualified Ronny Boswell from his utility-laborer job after he refused to use a bobcat and then sought a union and company safety review before moving steel grinding balls up an inclined ramp in a wheelbarrow. The Commission had remanded the case for the judge to address the…
Helen Mining Company
Settlement approved and penalty reduced to $600
Helen Mining Company faced a civil penalty proceeding involving the Homer City Mine. At the hearing, the parties proposed resolving the case by reducing the penalty from $1,300 to $600 and dismissing the case after payment. Judge Gary Melick found the settlement appropriate under the Mine Act's…
Peabody Coal Company
Respiratory-dust citation affirmed and $100 penalty assessed
MSHA cited Peabody Coal after five respirable-dust samples averaged 2.1 milligrams per cubic meter, above the 2.0 mg/m3 regulatory limit. Peabody argued that the 86 percent confidence level associated with the sampling results was too low to prove a violation. Judge Gary Melick found that credible…
Imageries
Default order upheld after repeated failures to respond
OSHA cited Imageries after an employee on a two-point suspension scaffold was not wearing a safety belt attached to a lifeline and after finding that the company lacked a written hazard communication program. The employee fell to his death, and the company president stated that the employee was his…
Essroc Corporation
Monetary relief ordered after discrimination finding
Essroc Corporation operated a cement grinding plant where Clifford Meek had been denied employment after engaging in protected safety-related activity. An earlier decision found discrimination, and this order resolved the remaining question of monetary relief. Judge William Fauver ordered Essroc to…
Harman Mining Company
Settlement approved and penalties reduced to $9,360
Harman Mining faced nine alleged respirable-dust violations at the Greenbrier No. 1 Mine. The parties disputed whether the violations resulted from deliberate conduct and agreed to reduce the total proposed penalties from $11,700 to $9,360. Judge James A. Broderick approved the settlement under the…
Washington Area Metal Trades Council and U.S. Department of the Navy, Naval Research Laboratory, Washington, D.C.
Metal Trades Council and Naval Research Laboratory (FLRA 0-NG-1991): Mandatory performance awards rejected
The Washington Area Metal Trades Council proposed contract terms requiring cash performance awards for employees with specified ratings at set percentages of salary. The Naval Research Laboratory objected to the two sections mandating those awards. The Authority found that the sections bypassed a…
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.