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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National Association of Government Employees, Local R14-52 and U.S. Department of the Army, Red River Army Depot, Texarkana, Texas
NAGE Local R14-52 and Red River Army Depot (FLRA 0-NG-1928): Overtime and leave provisions split
NAGE Local R14-52 challenged the Army's disapproval of contract terms on overtime assignments, holiday schedules, administrative leave, and temporary details at Red River Army Depot. The Authority found an overtime rotation procedure negotiable and upheld parts of the leave and detail provisions. A…
Rochester & Pittsburgh Coal
Safeguard violation citations dismissed on remand
Rochester & Pittsburgh Coal contested citations issued at its Greenwich Collieries No. 2 Mine after an inspector saw miners unloading metal pipes and cylindrical objects from an elevator. On remand from the Commission, Judge Avram Weisberger examined whether the safeguard specifically identified a…
Department of the Navy, Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania and American Federation of Government Employees, Local 1156
Navy Parts Control Center and AFGE Local 1156 (FLRA 0-NG-2001): Vehicle safety proposals rejected
AFGE Local 1156 proposed that the Navy's Mechanicsburg parts center use Pennsylvania road rules as the limit on motorcycle safety gear and permit older cars without seat belts on the base when state law allowed them on public roads. The union said extra equipment would impose costs on employees…
National Federation of Federal Employees, Local 1442 and U.S. Department of the Army, Letterkenny Army Depot, Chambersburg, Pennsylvania
NFFE Local 1442 and Letterkenny Army Depot (FLRA 0-NG-1983): Fixed bargaining unit status proposal rejected
NFFE Local 1442 proposed that employees' bargaining unit status would not change during temporary reassignments at Letterkenny Army Depot. The Authority found the broad wording could require the wrong union to represent a reassigned employee during a statutory examination. It could also require…
Matter of Correa-Garces
The immigration judge could not extend the appeal period
The Board considered an untimely appeal from a Colombian respondent who had been found deportable after overstaying a visitor admission. It held that an immigration judge cannot extend the regulatory appeal period and that authority to stay an entered deportation order generally belongs to the…
Matter of Silva-Rodriguez
A one-year continuance lacked good cause
The Board reviewed an interlocutory appeal involving a Mexican lawful permanent resident who had been convicted of delivering a controlled substance and sought a section 212(c) waiver. An immigration judge continued the hearing for one year so the respondent could establish rehabilitation and…
U.S. Department of the Navy, Naval Audit Service, Southeast Region and National Federation of Federal Employees
Naval Audit Service Southeast Region and NFFE (FLRA 3-RO-10012): Review granted on auditors' unit eligibility
NFFE sought to represent about 72 Naval Audit Service auditors in the Southeast Region. A regional director dismissed the petition, finding that the auditors' duties excluded them from a bargaining unit under 5 U.S.C. § 7112(b)(7). NFFE argued that the auditors primarily reviewed agency programs…
National Federation of Federal Employees, Local 1482 and U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Center
NFFE Local 1482 and Defense Mapping Agency (FLRA 0-NG-1838): Bargaining ordered on four data system proposals
The Defense Mapping Agency introduced a Data Integration System that held employee information and supported project planning and production work. NFFE Local 1482 proposed rules for system security, access to information, limits on employee monitoring, and a joint labor management committee. The…
Federal Employees Metal Trades Council of Charleston and U.S. Department of the Navy, Charleston Naval Shipyard
Charleston Metal Trades Council and Naval Shipyard (FLRA 0-NG-1812): Nuclear work proposals rejected
The Charleston Naval Shipyard revised position descriptions for workers performing nuclear and other work. The Metal Trades Council proposed seniority based qualification and selection rules and rules for competitive levels during a reduction in force. The Authority found that Proposal 1 would…
American Federation of Government Employees, Local 1273 and U.S. Department of Veterans Affairs Medical Center, Boise, Idaho
AFGE Local 1273 and Boise VA Medical Center (FLRA 0-AR-2098): Asbestos pay award upheld
AFGE grieved how the Boise VA Medical Center monitored asbestos and paid employees for exposure. The arbitrator ordered the parties to develop local monitoring and information procedures, and awarded environmental differential pay for one of five disputed work situations. The union challenged the…
Eagle Nest, Inc.
Trolley-wire citation amended to non-S&S
Eagle Nest contested a citation alleging that trolley wires at its longwall mine were too close to pillar workings. Judge Avram Weisberger found that the wires were less than 150 feet from the gob area and that the operator violated 30 C.F.R. § 75.1002. He found, however, that the evidence did not…
Consolidation Coal Company
Settlement motion denied over proposed S&S reductions
Consolidation Coal Company faced citations at its Dilworth Mine for an obstructed travelway and missing insulating mats near electrical control boxes. The parties proposed reducing several significant-and-substantial designations, but Judge William Fauver found that the proposal did not show the…
Yerington Leasing Company
Settlement approved and three citations vacated
Yerington Leasing Company faced a civil penalty proceeding concerning conditions at its aggregate pit. The Secretary moved to vacate three citations for insufficient evidence, and Yerington agreed to pay the proposed penalty for the remaining citations. Judge Gary Melick approved the settlement and…
Matter of Balao
Passing bad checks without intent to defraud was not moral turpitude
The Board reviewed an appeal by a Filipino respondent who had convictions for passing bad checks and theft by failure to make required disposition of funds received. The Board held that the Pennsylvania bad-check statute did not require intent to defraud, so those convictions were not crimes…
LaRosa & Lamar Janitorial Services
Default dismissal set aside over defective service
An OSHRC judge dismissed LaRosa & Lamar Janitorial Services' notice of contest after the company did not answer the Secretary's complaint or respond to a show-cause order. The Commission set the dismissal aside because the judge sent the show-cause order by certified mail without requesting a…
Defense Logistics Agency, Defense Industrial Plant Equipment Center, Memphis, Tennessee and American Federation of Government Employees, Local 3986
Memphis defense plant equipment center (FLRA 4-CA-00870): Bargaining required before schedule change
The Defense Logistics Agency ended a compressed work schedule at its Memphis equipment center after the employees had gained union representation. The union alleged that the agency made the change without bargaining. The Authority agreed with the administrative law judge that the schedule was an…
Bureau of Engraving and Printing, Washington, D.C. and International Association of Machinists and Aerospace Workers, Lodge 2135
Bureau of Engraving and Printing parking (FLRA 3-CA-00262): Bargaining remedy narrowed
The Bureau moved most day shift carpools and vanpools from free on-site parking to off-site lots without notifying or bargaining with the union. An administrative law judge found an unfair labor practice and recommended restoration of the earlier parking arrangement and reimbursement of parking…
U.S. Department of Veterans Affairs Medical Center, Chillicothe, Ohio and American Federation of Government Employees, Local 1631
Chillicothe VA performance appraisal (FLRA 0-AR-2229): Union exception denied
A union challenged a Chillicothe VA medical center employee's fully successful performance appraisal. The arbitrator found that union activity had affected the appraisal, but also found that the employee's work did not meet the standard for an exceptional rating. The union objected that the…
U.S. Department of the Treasury, Internal Revenue Service, Springfield District Office and National Treasury Employees Union, Chapter 43
Springfield IRS and NTEU Chapter 43 (FLRA 0-AR-2188): Seasonal employee award dispute remanded
NTEU grieved the Springfield IRS district office's refusal to pay seasonal employees performance awards under a memorandum of agreement. An arbitrator denied the grievance because the release and recall appraisals used for awards lacked the higher level review required for a rating of record. The…
U.S. Department of the Treasury, Internal Revenue Service, Atlanta, Georgia and National Treasury Employees Union, Chapter 26
Atlanta IRS appraisal system (FLRA 0-AR-2183): Union exceptions denied
An Atlanta IRS appeals officer received a minimally successful appraisal after failing one aspect of a critical job element. The union challenged the appraisal system, which assigned that rating when an employee failed any one aspect. An arbitrator found that the union had not shown the system was…
American Federation of Government Employees, Local 476 and U.S. Department of Housing and Urban Development, Washington, D.C.
HUD priority consideration grievance (FLRA 0-AR-2179): Union exceptions denied
A HUD employee challenged her nonselection for a promotion, claiming that the agency had failed to give her the priority consideration promised in an earlier grievance settlement. The arbitrator found that she received priority consideration, but that HUD did not promptly explain why she was not…
Waste Coal Management, Inc.
Default order vacated and case remanded
Waste Coal Management failed to answer a civil penalty petition and an order to show cause, so an ALJ entered a default order assessing $273 in penalties. The company later sent a letter asking that the default judgment be dismissed, and the Commission treated the letter as a request for relief…
U.S. Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, National Immigration and Naturalization Service Council
INS reassignment grievance (FLRA 0-AR-2162): Arbitration award upheld
An Immigration and Naturalization Service special agent was detailed and later reassigned to an immigration examiner job after an on-the-job injury. His union grieved the reassignment and sought his return to the special agent position with retroactive pay. The arbitrator denied the grievance…
Consolidation Coal Company
Five citations settled for $538
Consolidation Coal faced five citations involving ventilation stoppings, an unmarked circuit breaker, a high-voltage cable on the mine floor, and excessive spacing between fire hose outlets. The parties agreed to remove the significant-and-substantial designations and settle the five citations for…
Consolidation Coal Company
Settlements approved, citation modified, and citation vacated
Consolidation Coal reached settlements covering roof support, an electrical pump, an unreported silo fire, and an allegedly inadequate preshift examination. Judge Paul Merlin approved the settlements, modified the roof-support citation to non-S&S with a $155 penalty, and kept the $259 penalty for…
American Federation of Government Employees, Council of Marine Corps Locals and Department of the Navy, United States Marine Corps
Marine Corps midterm bargaining (FLRA O-AR-2108): Union exceptions denied
The union claimed that the Marine Corps had insisted on a contract clause waiving its right to bargain during the agreement's term. The parties signed the agreement along with a memorandum preserving their legal positions about that right. An arbitrator found that the union had not waived midterm…
U.S. Department of Health and Human Services, Social Security Administration, Office of Hearings and Appeals and American Federation of Government Employees, Council 215
Social Security grievance procedure (FLRA 0-AR-2157): Union exceptions denied
The union grieved the Social Security Administration's use of its Special Counsel to handle union grievances for the Office of Hearings and Appeals. An arbitrator found that the agreement and past practice allowed the Associate Commissioner to designate other officials, and denied the grievance…
Wallace Brothers
Late contest dismissed for lack of jurisdiction
Wallace Brothers received three citations at its portable crusher but did not contest the proposed assessment within 30 days. The operator's counsel later argued that MSHA had not served counsel with the assessment, that the operator had been denied a health and safety conference, and that the late…
CWM Chemical Services, Inc., et al.
In re CWM Chemical Services, Inc., et al. (EAB TSCA Appeal No. 91-6): complaint reinstated and stay vacated
This interlocutory appeal arose from an Administrative Law Judge's ruling that the five-year statute of limitations in 28 U.S.C. § 2462 applied to administrative penalties under TSCA. The ruling dismissed a large portion of an EPA Region II complaint. The Environmental Appeals Board relied on its…
Holman Steel Company
Default order set aside for settlement review
An OSHRC judge dismissed Holman Steel Company's notice of contest, affirmed a citation, and assessed a $1,500 penalty after the company did not respond to an order. The Secretary asked the Commission to review the default because the parties had executed a settlement agreement. Her petition stated…
Veterans Affairs Outpatient Clinic, Las Vegas, Nevada and Janice K. Skiba and American Federation of Government Employees, Local 2297
Las Vegas VA representation petition (FLRA 9-DR-10004): Review denied
A petitioner sought an election on whether AFGE Local 2297 should continue representing employees at the Las Vegas VA outpatient clinic. The acting regional director dismissed the petition as late and found no unusual circumstances supporting severance of the clinic employees from a nationwide…
U.S. Department of the Treasury, Internal Revenue Service, Washington, D.C. and Chicago District and National Treasury Employees Union, Chapter 10
IRS Chicago representation filing (FLRA 5-CU-00016): Reconsideration denied
The IRS asked the Authority to reconsider its dismissal of an application for review of a regional director's order. The earlier application was late because the mailing envelope lacked a postmark and the filing rule treated it as mailed five days before receipt. The IRS argued that its certified…
U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base and American Federation of Government Employees, Local 916
Tinker Air Force Base overtime grievance (FLRA 0-AR-2173): Conditional award upheld
An aircraft painter at Tinker Air Force Base sought one day of weekend overtime but was bypassed under a rule requiring availability for both days. Her individual grievance went to expedited arbitration while a group grievance about the same scheduling rule remained pending. The arbitrator made any…
Consolidation Coal Company
Carbon-monoxide citation vacated
Consolidation Coal had a point-type fire detection system that met the cited standard at its Dilworth Mine. The Secretary argued that a separate petition for modification required the mine to use a carbon-monoxide alarm system connected to a continuously monitored surface location. Judge Gary…
U.S. Department of Transportation, Federal Aviation Administration and Michigan Airway Facilities Sector and Professional Airways Systems Specialists
FAA Michigan radar technician assignments (FLRA 5-CA-80334 and 5-CA-80458): Complaints dismissed
The FAA temporarily assigned radar technicians from Saginaw to facilities in Toledo and Flint. The union alleged that the agency failed to bargain over the effects and implementation of those assignments. An administrative law judge recommended dismissing both complaints, and the Authority agreed…
Consolidation Coal Company
Settlement approved with reduced penalty
Consolidation Coal Company was involved in a civil penalty proceeding concerning the Humphrey No. 7 Mine. The parties proposed a settlement reducing the penalty from $1,295 to $1,191. Judge Gary Melick found the settlement appropriate under the Mine Act criteria and approved it. The company was…
Consolidation Coal Company
Citation vacated and settlement approved
Consolidation Coal Company was involved in a civil penalty proceeding concerning the Humphrey No. 7 Mine. The judge vacated Citation No. 3316065 for insufficient evidence and considered a settlement agreement for the remaining citations. The proposed settlement reduced the penalty from $2,638 to…
In re: Contests of Respirable Dust Sample Alteration Citations
Expert discovery partly compelled
The Secretary of Labor sought documents, test results, and access to experimental dust filters used by expert witnesses in respirable-dust citation contests. Judge James A. Broderick found that the expert reports and underlying tests were important to meaningful depositions. He ordered the…
U.S. Department of Health and Human Services, Public Health Service and Centers for Disease Control, Appalachian Laboratory for Occupational Safety and Health and American Federation of Government Employees, Local 3430
NIOSH Morgantown employee notice (FLRA 3-CA-00190 and related cases): Revision denied
The Authority had previously found that the Public Health Service violated federal labor law by disapproving a negotiated smoking-area provision and directing the closure of designated areas at a NIOSH facility in Morgantown. Its remedy required rescission of the disapproval, reinstatement of the…
Peabody Coal Company
Ventilation citation upheld and settlement approved
Peabody Coal Company was cited at the Martwick Underground Mine after an inspection found only 6,750 cubic feet per minute of air at the last open crosscut, below the 9,000 CFM minimum in 30 C.F.R. § 75.301. Judge Gary Melick rejected the company's arguments that the inspector measured at the wrong…
Quinn Machine & Tool, Inc.
Settlement approved after citations were vacated
An OSHRC judge vacated citations against Quinn Machine & Tool after the Secretary did not timely file either a complaint or a fully executed settlement agreement. The Secretary sought review, and the parties submitted the completed agreement they said had already been negotiated. The agreement…
Consolidated Edison Company of New York Inc.
Asbestos monitoring case settled for $1,600
Consolidated Edison employees removed asbestos-containing gasket material at the company's Indian Point station without initial exposure monitoring. An OSHRC judge found a repeated violation of the asbestos monitoring standard and assessed $1,000. The judge also affirmed without a penalty an…
F.E. Warren Air Force Base, Cheyenne, Wyoming and American Federation of Government Employees, Local 2354
F.E. Warren investigative report (FLRA 7-CA-00481): Disclosure remedy removed
AFGE requested a copy of an Air Force investigative report to represent an employee in a possible grievance. F.E. Warren Air Force Base allowed the union to view the report but refused to furnish a copy. The Authority upheld an unfair labor practice finding for the portions that should have been…
Department of Veterans Affairs Medical Center, Denver, Colorado and American Federation of Government Employees, Local 2241
Denver VA employee interviews (FLRA 7-CA-10207): Union notice violation upheld
The Denver VA Medical Center interviewed bargaining unit employees while preparing for a Merit Systems Protection Board hearing. An administrative law judge found that the medical center violated federal labor law by failing to give AFGE Local 2241 an opportunity to attend those interviews. The…
U.S. Department of Defense Dependents School, Panama Region; Education Association of Panama; and Panama Canal Federation of Teachers, Local 29
Panama school union election (FLRA 6-RO-10005): New election ordered
The Panama Canal Federation of Teachers received a majority of counted votes in an election among Department of Defense school employees in Panama. The challenger, Education Association of Panama, objected because the schools delayed its access to bulletin boards and internal mail. The acting…
National Treasury Employees Union and U.S. Department of the Treasury, Internal Revenue Service, Ohio District, Cincinnati, Ohio
Cincinnati IRS transit subsidy (FLRA 0-NG-1998): Proposal negotiable
The National Treasury Employees Union proposed that the IRS Cincinnati District take actions within its authority to subsidize employees' use of public transportation, as far as law permits. The IRS declared the proposal nonnegotiable, saying statutory conditions for a subsidy had not been met, but…
National Treasury Employees Union and U.S. Department of Commerce, Patent and Trademark Office, Arlington, Virginia
Patent Office rating timetable (FLRA 0-NG-1985): Provision negotiable
A union agreement provision called for the Patent and Trademark Office to complete quarterly case ratings and make them available to examining attorneys by the end of the following month in ordinary circumstances. The agency head disapproved the provision, arguing that it would prevent supervisors…
Professional Airways Systems Specialists, Chapter 252 and U.S. Department of the Navy, Marine Corps Air Station, Cherry Point, North Carolina
Cherry Point disciplinary schedule (FLRA 0-NG-1972): Proposal nonnegotiable
The union proposed a schedule of disciplinary offenses and recommended penalty ranges for employees at Marine Corps Air Station Cherry Point. The Authority found the disputed portions nonnegotiable and dismissed the union's petition. The proposal would normally confine management to the listed…
U.S. Department of Veterans Affairs, Medical Center, Atlanta, Georgia and National Federation of Federal Employees, Local 2102
Atlanta VA parking fees (FLRA 0-AR-2172): Arbitration award upheld
A union challenged parking fees at the Atlanta VA Medical Center after the agency used an appraisal of commercial garages outside a two-mile radius. The arbitrator found that the appraisal did not comply with the VA parking regulation and ordered rates based on the lowest rate at another VA…
American Federation of Government Employees, Local 3475 and Department of Housing and Urban Development, New Orleans Office
New Orleans HUD reorganization (FLRA 96-CO-10005): Union settlement approved
AFGE Local 3475, the HUD New Orleans office, and the FLRA General Counsel entered a formal settlement after a hearing began. The case concerned the union's bargaining over the impact and implementation of HUD's proposed Property Disposition Branch reorganization and other proposed changes in…
American Federation of Government Employees, Local 3475 and Department of Housing and Urban Development, New Orleans Office
New Orleans HUD performance standards (FLRA 96-CO-10004): Union settlement approved
AFGE Local 3475, HUD's New Orleans office, and the FLRA General Counsel reached a formal settlement after an unfair labor practice hearing began. The dispute concerned bargaining over revisions to performance elements and standards for employees in the Housing Management Division. The Authority…
Cornet Frosted Foods & Ice Cream Corporation
Settlement remanded to add omitted item
Cornet Frosted Foods & Ice Cream Corporation and the Secretary settled citations issued in October 1991. Their written agreement reduced the listed penalties from $7,000 to $3,000, required payment of that amount, and recorded the company's representation that the cited conditions had been abated…
U.S. Nuclear Regulatory Commission and National Treasury Employees Union, Chapter 208
NRC supervisor in union meetings (FLRA 3-CA-00074): Complaint dismissed as late
A Nuclear Regulatory Commission employee attended union meetings while temporarily serving as a supervisor. The union's original unfair labor practice charge concerned his later attempt to replace the union; an amended charge added allegations about his earlier participation in union affairs. The…
National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs Medical Center, Newington, Connecticut
Newington VA promotion procedures (FLRA 0-NG-1964): Twelve proposals negotiable
A union proposed twelve procedures for Professional Standards Boards considering career ladder promotions at the Newington VA Medical Center. The proposals concerned employees appointed under title 38 who retained certain title 5 labor rights. The VA argued that the Secretary's title 38 authority…
U.S. Department of Veterans Affairs, Regional Office, San Diego, California and American Federation of Government Employees, Local 490
San Diego VA work records (FLRA 8-CA-90297 and 8-CA-90301): Disclosure and bargaining ordered
AFGE Local 490 requested full production spreadsheets from the San Diego VA Regional Office to assess a possible grievance over claims adjudicators' performance evaluations. The Authority upheld a finding that the VA had to provide the records. It concluded that the union's need outweighed the…
International Federation of Professional and Technical Engineers, Local 11 and International Association of Firefighters, Local F-48 and U.S. Department of the Navy, Mare Island Naval Shipyard
Mare Island food service proposals (FLRA 0-NG-1925 and 0-NG-1926): Four proposals are nonnegotiable
Two unions at the Mare Island Naval Shipyard proposed that the Navy forgive a food service operation's utility debt, fund an employee recreation association, pay for an audit, and repay a loan. The unions said the debts harmed cafeteria service and recreation for employees. The Authority found no…
U.S. Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, National Immigration and Naturalization Council
INS officers' Lewisburg detail (FLRA 0-AR-1983): Standby pay award set aside
Immigration and Naturalization Service deportation officers assigned to a Pennsylvania prison sought overtime or compensatory time for off-duty hours during their temporary detail. An arbitrator awarded standby duty pay because the officers had to remain in the Lewisburg area and be available for…
Consolidation Coal Company
Multiple citations modified, settled, and vacated
Consolidation Coal Company faced several consolidated citation and penalty proceedings involving the Humphrey No. 7, Shoemaker, and Blacksville No. 1 Mines. The judge approved settlements that reduced penalties, removed significant-and-substantial findings, changed negligence levels, or modified…
Tunnelton Mining Company
Settlement motion denied
Tunnelton Mining Company sought approval of a settlement for a citation alleging that a roof-bolter trailing cable was not effectively insulated and did not exclude moisture. The proposed settlement would have reduced the alleged violation from significant and substantial to non-significant and…
Department of Commerce, U.S. Patent and Trademark Office and National Treasury Employees Union, Chapter 245
Patent and Trademark Office signatory program (FLRA 3-CA-10478): Bargaining order narrowed
The Patent and Trademark Office changed its program for giving trademark examining attorneys authority to sign their work before it finished bargaining with the employees' union. The Authority adopted the judge's finding that this conduct violated the duty to bargain in good faith. It disagreed…
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.