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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U.S. Department of the Interior, Bureau of Land Management, Eugene District Office and National Federation of Federal Employees, Local 1911
BLM Eugene District (FLRA 0-AR-2154): Hazard pay denial for planned fire stands
The Bureau of Land Management set a planned fire to prepare an area for tree planting. When the fire spread onto private land, a forester and other employees put it out. The union sought hazard pay for the forester's firefighting work. An arbitrator found that the fire had stayed within the…
U.S. Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Council 214 and Local 916
Air Force Logistics Command (FLRA 0-AR-1959): Safety representatives' award stands
Two civilian employees died in an industrial accident, and the union later disputed its access to the accident site and its role in workplace safety inspections. An arbitrator upheld the union's rights to notice of inspections and injuries, participation in inspections, and uncoerced conversations…
Danaco Exploration International
Three electrical citations affirmed, two vacated
Danaco Exploration International was cited for electrical safety conditions at its quarry, including oversized fuses, an undersized starter, a missing cover plate, and allegedly insufficient conductors. Judge John J. Morris affirmed the two citations for oversized fuses and the citation for the…
Joshua Industries, Incorporated
Back pay ordered after default
Nicholas Ramirez brought a discrimination proceeding against Joshua Industries, Incorporated. The respondent had previously been held in default. Judge Gary Melick directed Joshua Industries to pay Ramirez $3,123.62 in back pay plus interest within 30 days, unless it had already done so. The order…
U.S. Steel Mining Company, Incorporated
Discrimination complaint withdrawn and dismissed
The United Mine Workers of America filed a discrimination proceeding on behalf of Dennis M. Blouir against U.S. Steel Mining Company, Incorporated. The complainant stated that he intended to withdraw the complaint. Judge Avram Weisberger dismissed the case under 29 C.F.R. § 2700.11. The order does…
F.M.C. Gold Company, Inc.
OSHA citations withdrawn because MSHA had jurisdiction
F.M.C. Gold used an independent drilling contractor to extract core samples at a remote gold exploration site in Idaho. A contractor's fuel truck rolled downhill and pinned an F.M.C. employee against the drill rig, causing fatal injuries. OSHA cited F.M.C. for failing to chock or turn vehicle…
Wyman-Gordon Company
Access ordered to medical and workplace health records
The widows of two former Wyman-Gordon aircraft-parts employees authorized a law firm to request exposure records, medical records, and workplace health analyses concerning their late husbands. The Commission held that legal representatives of deceased employees could exercise record-access rights…
U.S. Immigration and Naturalization Service, U.S. Border Patrol, San Diego Sector and National Border Patrol Council, AFGE Local 1613
Border Patrol San Diego (FLRA 8-CA-90083): Body armor policy required bargaining
The Border Patrol's San Diego Sector required agents who wore soft body armor to place it under their uniform shirts. The union offered four proposals addressing that change, but the sector declared all of them nonnegotiable and put the policy into effect. The Authority found that a proposal…
United States Immigration and Naturalization Service, Honolulu District Office and American Federation of Government Employees, Local 2886
INS Honolulu (FLRA 8-CA-00345): New airport shift required union notice and bargaining
The Immigration and Naturalization Service's Honolulu office established a new shift for bargaining unit employees at the airport. An administrative law judge found that the office had not first notified the union or given it a chance to negotiate over the change's impact and implementation. The…
Air Force Logistics Command, Ogden Air Logistics Center, Hill Air Force Base and American Federation of Government Employees, Local 1592
Ogden Air Logistics Center (FLRA 7-CA-00667): Union consent defeated bypass complaint
Air Force representatives met directly with an employee to present a last chance agreement while his union representative was absent. The union claimed that the agency had unlawfully bypassed it. An administrative law judge recommended dismissing the complaint, and the Authority agreed after…
Department of Justice, Immigration and Naturalization Service, U.S. Border Patrol, El Paso and American Federation of Government Employees, National Border Patrol Council
Border Patrol El Paso (FLRA 6-CA-80655): Requested records and timely reply required
The Border Patrol union requested performance records and related documents to assess whether one agent had been rated differently from coworkers. The agency supplied a limited list of ratings and offered access to some documents, but did not provide the requested records and took months to…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 3-CA-10256): Vacancy crediting plans ordered released
AFGE Local 476 requested crediting plans and bench marks for three HUD vacancy announcements after employees complained about not being selected. An administrative law judge found that HUD violated the federal labor statute by withholding the crediting plans, but found no violation concerning the…
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 (FLRA 0-AR-2155): Permanent promotion and backpay upheld
An employee at Tinker Air Force Base trained workers who later advanced to WG-9, but she remained at WG-8 despite being certified for WG-9 work. An arbitrator found that the Air Force violated the labor agreement by failing to promote her and awarded a WG-9 promotion, seniority, and backpay dating…
American Federation of Government Employees, Local 916 and U.S. Department of the Air Force, Oklahoma City Air Logistics Center, Tinker Air Force Base
Tinker Air Force Base (FLRA 0-AR-2152): Temporary promotion remedy capped pending approval
A WG-8 employee at Tinker Air Force Base performed WG-9 duties for years without receiving a temporary promotion. An arbitrator found that the Air Force had violated the labor agreement and awarded the difference in pay from July 1, 1986, until the employee's promotion to WG-9. The Authority…
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 (FLRA 0-AR-2142): WG-9 promotion and backpay upheld
A WG-8 employee at Tinker Air Force Base claimed that he should have been promoted after performing WG-9 work. An arbitrator found that the Air Force had violated the labor agreement by withholding the promotion and ordered a WG-9 promotion with seniority and backpay dating to December 31, 1987…
U.S. Department of the Treasury, Internal Revenue Service, Phoenix District and National Treasury Employees Union, Chapter 33
IRS Phoenix District (FLRA 0-AR-2134): Information order stands; expense exceptions dismissed
The IRS refused to give a union records about penalties imposed for similar conduct across its Southwest Region. The union wanted the records for an employee's reduction in rank and grade case and incurred travel costs bringing witnesses to an earlier arbitration. An arbitrator ordered the IRS to…
American Federation of Government Employees, Local 2814 and U.S. Department of Transportation, Federal Railroad Administration
Federal Railroad Administration (FLRA 0-AR-2096): Performance rating must be reevaluated
A Federal Railroad Administration employee challenged a midyear performance appraisal and the training she received during an opportunity to improve. An arbitrator found that the agency had failed to discuss her performance standards with her and had not provided adequate computer training. He…
IMC Fertilizer, Inc.
Discrimination complaint dismissed after work refusal
John Van Allen, an electrician at IMC Fertilizer's Noralyn Mine and Mill, refused to install a NEMA Type 1 junction box in an area he believed was wet and unsafe. He was suspended for 35 hours, and the Secretary of Labor brought a Mine Act discrimination complaint on his behalf. Judge Gary Melick…
Old Ben Coal Company
Citations split, settlements approved, and $690 penalty ordered
Old Ben Coal Company faced 13 consolidated civil penalty dockets involving its Nos. 24, 25, and 26 mines. Judge Avram Weisberger found some violations, amended several citations to remove significant-and-substantial findings, vacated other citations, and dismissed three dockets. He also approved…
American Federation of Government Employees, Local 1457 and Gwen Horn
AFGE Local 1457 (FLRA 9-CO-00006): Union's grievance handling did not breach its duty
An employee at an Army printing plant said AFGE Local 1457 had promised to file grievances about her promotion, performance appraisal, and counseling letters but failed to do so. An administrative law judge found that the union had not promised to file specific grievances and had taken other steps…
Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, Local 3937
SSA performance records (FLRA 9-CA-00133): Agency ordered to furnish grievance data
AFGE Local 3937 requested performance appraisal data from the Social Security Administration to process an employee grievance. An administrative law judge found that the data was reasonably available, normally maintained, and necessary for the grievance. The agency argued that a memorandum of…
ARA Living Centers of Texas, Inc.
Chemical training required beyond labels and safety data sheets
ARA Living Centers operated Oak Manor Nursing Home, where employees used cleaning products containing phosphoric acid and ethyl dimethyl benzyl ammonium chloride. The nursing home had product labels and material safety data sheets, but the OSHA inspector testified without contradiction that…
Jefferson Smurfit Corporation
Feeder-belt item vacated for lack of employee exposure
Jefferson Smurfit manufactured cardboard boxes using a straight-line gluer with exposed nip points on a product-feeding belt and on separate power-transmission belts. The Commission vacated the item concerning the feeder belt because OSHA did not prove that employees were exposed to a…
Department of Defense, U.S. Army Armor Center and Fort Knox and American Federation of Government Employees, Local 2302
Fort Knox reorganization (FLRA 4-CA-80425): Information and RIF bargaining issues remanded
Fort Knox reorganized two directorates and carried out a reduction in force while its union sought information and bargained over the changes. The administrative law judge resolved several unfair labor practice allegations, but the Authority found the record insufficient to decide whether…
U.S. Department of Justice, Litigating Divisions and Office of the Solicitor General and American Federation of State, County and Municipal Employees, Council 26
Justice Department interrogation claim (FLRA 3-CA-10376): Complaint dismissed
An unfair labor practice complaint alleged that Justice Department offices had unlawfully interrogated an employee. An administrative law judge found no violation and recommended dismissing the complaint. The General Counsel challenged the judge's credibility findings. After reviewing the record…
American Federation of Government Employees, Local 3446 and U.S. Department of Health and Human Services, Social Security Administration
Social Security field representative (FLRA 0-AR-2124): Union activity tainted selection
A Social Security claims representative in Columbus sought reassignment to a field representative position. An arbitrator found that the agency passed him over because of his union activity, including time spent representing employees, and ordered a retroactive reassignment. The agency argued that…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 1923
Social Security performance award (FLRA 0-AR-2123): Excellent rating did not require cash award
A claims representative at Social Security's Johnstown office received an excellent performance rating but no cash award. The union challenged the denial, pointing to lower rated employees at a nearby office who had received awards. An arbitrator found that the labor agreement left incentive awards…
Carabetta Enterprises, Inc.
Willful steel-erection fall violation affirmed
Three Carabetta employees erected structural steel about 28 to 30 feet above the nearest floor without a temporary floor, safety net, or other fall protection. Carabetta argued that its three-story construction modules made an intermediate floor impracticable and that the standard unfairly treated…
Social Security Administration, Hemet Branch Office and American Federation of Government Employees
SSA Hemet employee contact information (FLRA 8-CA-10120): Address ordered, phone number denied
AFGE requested the home address and telephone number of a bargaining unit employee represented by the union. The Social Security Administration's Hemet office refused both requests. An administrative law judge found that withholding the address violated the labor statute, while the union had not…
56th Combat Support Group (TAC), MacDill Air Force Base and National Federation of Federal Employees, Local 153
MacDill commissary performance plans (FLRA 4-CA-10090): New plans rescinded
The 56th Combat Support Group at MacDill Air Force Base changed performance plans for commissary sales store checkers without first notifying their union or offering to bargain over the changes' impact and implementation. An administrative law judge found this violated the federal labor statute…
L. Kenneth Teel, President of California Lightweight Pumice, Inc.
Mine-condition citations affirmed and penalties assessed
The Secretary of Labor charged L. Kenneth Teel and George W. Weinbeck with individual liability for mine safety violations at California Lightweight Pumice's Battle Mountain Mine. Judge John J. Morris found that Teel knowingly authorized violations involving unsafe access, unstable pit walls, loose…
Matter of P-C-M-
Custody status could not be redetermined sua sponte
The Board reviewed the Service's appeal from an immigration judge's decision releasing an Angolan respondent from custody on his own recognizance during an asylum hearing. The Board held that custody and bond proceedings must be separate from the merits hearing and that an immigration judge may…
National Association of Government Employees and U.S. Department of Veterans Affairs
Veterans Affairs bargaining proposals (FLRA 0-NG-1947): Three negotiable, one barred
The National Association of Government Employees asked Veterans Affairs to bargain over four proposals. The Authority found proposals on round-the-clock child care, pay differentials for exposure to tobacco smoke, and administrative leave when employees were not needed for work negotiable. It found…
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 promotion (FLRA 0-AR-2130): Retroactive WG-9 award upheld
A Tinker Air Force Base employee performed WG-9 inspection work but remained at WG-8. An arbitrator found that the Air Force had violated the labor agreement by failing to promote her and awarded a WG-9 promotion, seniority, and backpay from June 1, 1985. The Air Force challenged the award under…
U.S. Department of Defense Dependents Schools, Pacific Region and Overseas Education Association, Pacific Region
Defense schools transfer allowances (FLRA 0-AR-2016): Benefits award upheld
Three Defense Dependents Schools employees challenged the withdrawal or denial of overseas allowances after transfers under the agency's program. An arbitrator found them entitled to specified living quarters, foreign post, and travel benefits and ordered restoration of payments and related relief…
Conco-Western Stone Company
Unsafe truck citations affirmed with one S&S finding removed
Conco-Western Stone Company and its superintendent, Ross Campbell, were cited over a quarry truck with inoperative brakes and other safety defects. Judge Roy J. Maurer found violations involving the truck's condition and affirmed the citations, but removed the significant-and-substantial…
Federal Professional Nurses Association, Local 2707 and U.S. Department of Health and Human Services, Division of Federal Employee Occupational Health, Region III
Federal occupational health nurses (FLRA 0-NG-1801): Fixed site proposal barred
The nurses' union proposed keeping full-time federal nurses at their existing Washington area health units while the agency planned to assign resource nurses across multiple sites. The union argued that congressional committee reports and members' statements required the agency to preserve current…
Mosser Construction Company
Crane gear violation affirmed after storage-area exposure
A Mosser crane operator regularly entered a confined crane compartment containing moving gears, fuel gauges, tools, oils, and other stored materials. After completing lubrication work and restarting the gears, a rag and then his hand became entangled, severing his hand. The Commission held that the…
Kerr-McGee Coal Corporation
Miners' representative designation must be posted
Kerr-McGee Coal Corporation refused to post a designation naming United Mine Workers representatives for miners at its Jacobs Ranch Mine. Judge Michael A. Lasher, Jr. held that Mine Act representative-of-miners rules do not require a union to be certified for collective bargaining before it can…
Zeigler Coal Company
One citation vacated and one settled
Zeigler Coal Company faced two civil penalty proceedings involving its Murdock and Spartan Mines. Judge George A. Koutras vacated a citation alleging that a continuous miner's emergency-stop foot switch was not maintained in safe operating condition because MSHA determined that the cited standard…
Mustang Fuels Corporation
Civil penalty settlement approved
Mustang Fuels Corporation faced a civil penalty proceeding under the Mine Act. The parties asked the judge to approve a settlement and dismiss the case. Judge Roy J. Maurer approved a reduction of the proposed penalty from $450 to $175 and ordered Mustang Fuels to pay $175 within 30 days. The…
Peabody Coal Company
Settlement approved with penalty reduced to $600
Peabody Coal Company was cited in a civil penalty proceeding involving Mine No. 10. The Secretary of Labor asked the judge to approve a settlement under Sections 105(d) and 110(i) of the Federal Mine Safety and Health Act. Judge Gary Melick found the proposed settlement appropriate after…
South EAST Coal Company, Inc.
Settlement approved with reduced penalty and damages
South East Coal Company was the respondent in a discrimination proceeding brought by the Secretary of Labor on behalf of Charles Scott Howard II. The Secretary moved to approve a settlement and dismiss the case. Judge Gary Melick approved the settlement, which reduced the proposed civil penalty…
Arch of Kentucky, Incorporated
Discrimination complaint dismissed
Michael D. Burton alleged that Arch of Kentucky discriminated against him after he raised safety concerns about defective mantrip sanders and the availability of self-contained self-rescuers. He claimed that management later treated his dental absence, attendance records, counseling, and return to…
International Federation of Professional and Technical Engineers, Local 25 and U.S. Department of the Navy, Mare Island Naval Shipyard
Mare Island shipyard travel cards (FLRA 0-NG-1956): Union proposal dismissed
The union at the Navy's Mare Island Naval Shipyard proposed that employees who declined a government travel charge card could still receive travel advances. It also wanted the government to own the cards and receive the bills directly. The Navy argued that federal travel regulations barred both…
U.S. Department of the Interior, Bureau of Reclamation, Missouri Basin Region and International Brotherhood of Electrical Workers, Local 1759
Bureau of Reclamation Sunday pay (FLRA 0-AR-1889): Reconsideration denied
The Bureau of Reclamation sought reconsideration of an Authority decision requiring it to continue Sunday premium pay under its existing union agreement. It argued that the earlier decision overlooked stipulated facts and conflicted with precedent. The Authority found that it had already considered…
Consolidation Coal Company
Citation withdrawn and vacated
The Secretary of Labor asked to withdraw the petition in a civil penalty proceeding against Consolidation Coal Company after further analysis indicated that the cited standard had not been violated. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11. The…
U.S. Department of the Treasury, Customs Service, South Central Region and National Treasury Employees Union, Chapter 168
Customs petroleum inspections (FLRA O-AR-2128): Backpay denial upheld
Customs inspectors challenged a new procedure for inspecting imported petroleum because the agency implemented it before bargaining with their union. An arbitrator found a contract violation and ordered a return to the earlier procedure, but denied backpay. The union argued that inspectors lost…
Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees
Social Security Riverside office (FLRA 8-CA-00110): Union distribution protected
At a Social Security district office in Riverside, California, employees could leave nonwork materials on coworkers' desks during duty hours, but management barred a union representative from distributing a grievance memorandum that way. An administrative law judge recommended dismissing the…
U.S. Department of State, Bureau of Consular Affairs, Passport Services and National Federation of Federal Employees, Local 1998
State Department Passport Services (FLRA 3-CA-10527): Employee contact list ordered
The union representing Passport Services employees requested bargaining unit employees' names and home addresses. The State Department bureau refused, arguing that the union had other ways to contact employees and that disclosure conflicted with the Privacy Act. The Authority applied its earlier…
American Federation of Government Employees, Local 2077 and U.S. Department of Defense, Michigan Air National Guard, 127th Tactical Fighter Wing
Michigan Air National Guard technicians (FLRA 0-NG-1691): Limited bargaining ordered
The union proposed notice and paid exercise time for Air Reserve Technicians subject to military fitness and weight requirements. It also proposed delaying contracting out until related grievances and arbitration finished. The Authority held that written notice of the time allowed to meet military…
U.S. Department of the Interior, Bureau of Reclamation, Great Plains Region and International Brotherhood of Electrical Workers, Local 1759
Bureau of Reclamation warehouse work (FLRA 0-AR-1921): Reconsideration denied
The Bureau of Reclamation sought reconsideration after the Authority largely upheld an arbitration award over warehouse duties moved outside the bargaining unit. The earlier ruling upheld backpay for a retired warehouse employee but set aside backpay awarded to the union. The bureau argued that the…
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 promotion (FLRA 0-AR-2140): Backpay award upheld
An employee at Tinker Air Force Base completed technical training and began performing higher grade work, but did not receive a noncompetitive promotion until he later won one through competition. An arbitrator found that the agency should have promoted him sooner and awarded the difference in…
R & R Builders, Inc.
Safety-belt violation remains willful
R & R Builders was a drywall subcontractor cited for safety-program, training, safety-belt, guardrail, and ground-fault protection violations at a condominium project. The Commission affirmed the safety-program, training, safety-belt, and guardrail items, but reduced three of them from willful to a…
U.S. Department of Commerce, Bureau of the Census, Washington, D.C.; Bureau of the Census, Data Preparation Division, Jeffersonville, Indiana; and National Federation of Federal Employees, Local 1428
Census Bureau employee addresses (FLRA 5-CA-10213): Headquarters ordered to release list
The union representing employees in the Census Bureau's Jeffersonville data preparation division requested their names and home addresses. Census headquarters directed the division not to furnish the list. The Authority adopted a judge's finding that headquarters committed an unfair labor practice…
National Association of Government Employees, Local R1-109 and U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut
Newington VA Medical Center backpay (FLRA 0-NG-1968): Appeal dismissed
A union at the Newington VA Medical Center proposed ways to resolve backpay owed after an employee's hours were reduced and an unfair labor practice charge was settled. The agency said the settlement already covered the backpay issue; it did not claim that the proposal conflicted with law or…
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 promotion grievance (FLRA 0-AR-2175): Award set aside
An employee at Tinker Air Force Base sought a promotion from wage grade 8 to 10 and filed a formal equal employment opportunity complaint about the denial. He later filed a negotiated grievance over the same promotion, and an arbitrator awarded retroactive promotion and backpay. The Authority held…
American Federation of Government Employees, Local 1770 and U.S. Department of the Navy, XVIII Airborne Corps, Fort Bragg
Fort Bragg arbitration filing (FLRA 0-AR-2159): Reconsideration denied
The Authority dismissed the Fort Bragg agency's exceptions to an arbitration award after it failed to correct filing defects by the stated deadline. The agency sought reconsideration, saying the order identifying those defects reached its representative only after the deadline because it had been…
National Association of Aircraft Examiners, Local 1 and U.S. Department of the Navy, Naval Aviation Depot, Alameda, California
Alameda aircraft examiner vacancy (FLRA 0-AR-2137): Voluntary demotion upheld
The Navy filled an aircraft examiner vacancy at its Alameda depot by granting an employee's request for a voluntary demotion. The union argued that this violated the agreement and merit staffing plan because the vacancy had already been announced. An arbitrator found the demotion permitted by the…
U.S. Department of Veterans Affairs, Veterans Affairs Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933
Allen Park VA temporary employees (FLRA 5-CU-00012): Unit clarification denied
The union at the Allen Park VA Medical Center sought to add temporary employees to its bargaining unit through a clarification petition. A regional director found that temporary employees had been excluded from the original unit and that their duties had not meaningfully changed since then. 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.