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 Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees
Social Security Administration and AFGE (FLRA 57-CA-80150): Union steward leave restriction unlawful
The Social Security Administration restricted emergency annual leave for a union steward and warned that future absences might be charged as leave without pay or absence without leave. An administrative law judge recommended dismissing the union's complaint. The Authority found that other employees…
U.S. Department of the Air Force, Warner Robins Air Force Logistics Center, Robins Air Force Base, Georgia and American Federation of Government Employees, Local 987
Robins Air Force Base and AFGE Local 987 (FLRA 0-AR-1765): Higher grade grievance remanded
An employee at Robins Air Force Base claimed that she performed GS-7 duties while receiving GS-6 pay and sought a temporary promotion under the labor agreement. An arbitrator treated the dispute as an excluded position classification grievance and dismissed it. The Authority held that the employee…
National Treasury Employees Union and U.S. Department of the Treasury, Internal Revenue Service
IRS and NTEU (FLRA 0-NG-1643): Special salary rate requests negotiable
The union proposed that the IRS ask the Office of Personnel Management for annual cost of living adjustments for employees on special salary rates and an extra adjustment for positions with at least 5 percent attrition. The IRS argued that the proposals interfered with management's budget…
BethEnergy Mines, Inc.
Citation and penalty vacated, proceeding dismissed
MSHA cited BethEnergy Mines after a sudden release of methane at the face area of a longwall section, alleging violations involving ventilation and the mine's ventilation plan. The ALJ vacated the ventilation-plan citation but found a violation of the ventilation standard, and BethEnergy petitioned…
Wayne Pulliam, Texas Sand & Gravel, Co., Inc.
Discrimination proceeding dismissed after settlement
The Secretary of Labor brought this discrimination proceeding on behalf of Robert Black against Wayne Pulliam and Texas Sand & Gravel. The parties reached a settlement that provided for back-wage payments in installments. After the respondent paid the final installment, the complainant's counsel…
Thomas J. Tabor, Jr.
Contest dismissed because miner could not challenge company citation
Thomas J. Tabor, Jr., a section foreman, filed a contest concerning a withdrawal order and citation issued to Consolidation Coal Company. The citation alleged a violation of 30 C.F.R. § 75.202(a), and Tabor argued that he could challenge its validity. Judge James A. Broderick held that a miner may…
American Federation of Government Employees, Local 987 and U.S. Department of the Air Force, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia
AFGE Local 987 and Robins Air Force Base (FLRA 4-CO-70023): Duty time union election prohibited
AFGE Local 987 conducted internal union business during employees' duty time at Robins Air Force Base. An administrative law judge found that the union's conduct violated the statutory ban on duty time for internal union business. The Authority adopted that finding, denied the union's exceptions…
Philadelphia Naval Base, Philadelphia Naval Station and Philadelphia Naval Shipyard and Philadelphia Metal Trades Council and Planners, Estimators, Progressmen and Schedulers Association, Local 2
Philadelphia Naval Shipyard and employee unions (FLRA 2-CA-80468): Parking change bargaining ordered
Philadelphia Naval Shipyard employees had long used 11 parking spaces that were then reserved for library patrons without prior notice to their unions. The Authority found that the shipyard knew of the practice and had a duty to bargain about the change to the extent of its authority. It ordered…
U.S. Department of Labor and Employment Standards Administration, Bureau of Labor Statistics and Office of the Assistant Secretary for Administration and Management, Boston, Massachusetts and American Federation of Government Employees, Local 948
Boston Labor Department offices and AFGE Local 948 (FLRA 1-CA-80008): Water cooler bargaining ordered
Labor Department offices in Boston stopped providing employee water coolers without first bargaining with AFGE Local 948. The Authority found that the coolers were a condition of employment and that the agency had not shown a legal bar to continuing them. It ordered restoration of the practice…
National Federation of Federal Employees, Local 738 and U.S. Department of the Army, Army Engineer Center and Fort Leonard Wood, Missouri
Fort Leonard Wood and NFFE Local 738 (FLRA 0-NG-1727): Pay statement mailing choice negotiable
Fort Leonard Wood planned to stop mailing employees' leave and earnings statements and distribute them only at work. The union proposed keeping employees' choice of mail or worksite delivery. The Army said mailing would interfere with its budget authority. The Authority found that the agency had…
U.S. Department of Veterans Affairs, Medical Center, Newington, Connecticut and National Association of Government Employees, Local R1-109
Newington VA and NAGE Local R1-109 (FLRA 0-AR-1928): Nurse promotion grievance remanded
A Newington VA licensed practical nurse challenged the denial of a GS-6 promotion. An arbitrator found the grievance timely but ruled that promotion was legally barred from arbitration. The Authority held that the governing veterans' personnel law allowed the grievance if the parties' negotiated…
U.S. Department of Defense, Army and Air Force Exchange Service, Dallas, Texas and American Federation of Government Employees
Army and Air Force Exchange Service and AFGE (FLRA 0-AR-1680): Intermittent employees covered by agreement
An arbitrator denied a union grievance seeking discipline and reduction in force protections for intermittent Army and Air Force Exchange Service employees. He found that they were outside the master labor agreement. The Authority held that a regional director's unit clarification ruling included…
U.S. Small Business Administration, Atlanta, Georgia and American Federation of Government Employees, Local 3906
Small Business Administration and AFGE Local 3906 (FLRA 0-AR-1659): Selection rerun upheld
An arbitrator found that the Small Business Administration failed to give due consideration to applicants' performance ratings when selecting an employee and ordered it to rerun the process. The arbitrator also found that the agency was late in providing selection information to the union, but…
U.S. Department of the Navy, Naval Aviation Depot, Naval Air Station Alameda, California and International Association of Machinists and Aerospace Workers, Lodge 739
Alameda Naval Aviation Depot and Machinists Lodge 739 (FLRA 9-CA-90248): Emergency leave documentation policy unlawful
The Alameda Naval Aviation Depot began requiring written support for every emergency annual leave request without notifying or bargaining with the union. The Authority affirmed that this unilateral policy change was an unfair labor practice. It rejected a separate request to compensate one employee…
Bob Sherman, employed by Blackhawk
Settled citation affirmed with $25 penalty
MSHA alleged that Bob Sherman, employed by Blackhawk at the Evening Star Mine, violated a mandatory safety standard. The parties asked Judge John J. Morris to approve a settlement of Citation 3462951. The original proposed penalty was $250, and the settlement reduced it to $25 while affirming the…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 3302
Social Security Administration and AFGE Local 3302 (FLRA 3-CA-80582): Travel grievance records ordered disclosed
AFGE Local 3302 sought travel orders and related records to investigate a union president's grievance over reimbursement for travel on official time. The Social Security Administration refused, arguing that collecting the records from multiple offices would take too much work. The Authority held…
U.S. Department of Justice, Immigration and Naturalization Service, Jacksonville, Florida and American Federation of Government Employees, National Border Patrol Council, Local 3725
Jacksonville Border Patrol and AFGE Local 3725 (FLRA 0-AR-1857): Warning substituted for suspension
A Jacksonville Border Patrol agent received a five day suspension after an accident while parking a government vehicle. An arbitrator found the penalty excessive and reduced it to a formal warning. INS argued that the remedy interfered with its right to discipline and rested on flawed findings. The…
U.S. Department of the Navy, Naval Air Station Corpus Christi, Texas and National Federation of Federal Employees, Local 797
Corpus Christi Naval Air Station and NFFE Local 797 (FLRA 0-AR-1799): Firefighter overtime award corrected
Federal firefighters at Naval Air Station Corpus Christi normally worked three 24 hour shifts each week. An arbitrator rejected their overtime grievance. The Authority agreed that annual standby premium pay displaced their title 5 overtime claim for regularly scheduled duty, but held that the Fair…
Ramsey v. Industrial Constructors Corporation
Discrimination findings reversed
Harry Ramsey alleged that Industrial Constructors Corporation discriminated against him after a dispute about dust, water sprays, and the safe operation of a rock crusher at a gold mine. The ALJ found that Ramsey had engaged in protected safety activity, had been constructively discharged, and had…
General Electric Co.
Settlement remanded for employee-union input
GE and the Secretary submitted a settlement stating that the employee union had participated in negotiations, but the union told the ALJ that it had been excluded. The ALJ approved the agreement only five days after it was mailed to the union, without allowing the required ten-day response period…
General Motors Corp., Delco Electronics Division
Union given renewed period to object to abatement time
An ALJ approved a settlement five days after it was mailed to the employee union and before a fully executed agreement had reached him. The Commission found that the approval violated the rule requiring at least ten days for an employee representative with party status to consider a settlement. The…
Stone Container Corporation
Repeated crane manbasket violation affirmed
Stone Container used cranes to lift employees in personnel baskets under a prior settlement that required a full-cycle test lift carrying twice the intended load before employees were raised. Crane operators testified that the required weighted tests were not performed on several occasions and that…
Paschen Contractors, Inc.
Gantry-crane citation vacated because lifting device was not a crane
Paschen built a device to lift concrete bridge segments weighing more than 200 tons during construction of the Sunshine Skyway Bridge. The device collapsed on its first use and injured four employees, after which OSHA cited Paschen for willfully failing to load test what it characterized as a…
U.S. Department of the Air Force, Headquarters, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees, Council 214
Air Force Logistics Command and AFGE Council 214 (FLRA 5-CA-80234): Mediation procedure bargaining ordered
AFGE Council 214 asked Air Force Logistics Command to bargain over mediation and arbitration procedures for management initiated midterm changes. The command refused while insisting that the parties first finish ground-rules negotiations for union-initiated midterm bargaining. An administrative law…
American Federation of Government Employees, Local 1857 and U.S. Department of the Air Force, Air Logistics Center, Sacramento, California
Sacramento Air Logistics Center and AFGE Local 1857 (FLRA 0-NG-1526): Health premium proposals negotiable
Employees at a nonappropriated fund Air Force activity faced a 19 percent increase in health insurance premiums. The union proposed that the employer absorb the increase and repay amounts employees had already paid. The Authority found that the proposals concerned employment conditions and that the…
C. W. Mining Company
Mixed citation results with $1,178 in penalties
C. W. Mining operated the Bear Canyon No. 1 underground coal mine, where MSHA alleged violations involving shuttle-car arcing, a disabled methane monitor, permissibility defects, and combustible accumulations on a bobcat. Judge James A. Broderick vacated the shuttle-car citations because the…
Energy Fuels Coal, Inc.
Settlement approved with $129 in penalties
Energy Fuels Coal and the Secretary submitted a settlement covering two contested citations and a civil penalty proceeding at the Southfield Mine. The settlement required payment of the original $79 penalty for one citation and reduced another penalty from $98 to $50 after removing its…
Pennsylvania Electric Company
Mine Act jurisdiction upheld after even Commission split
MSHA cited Pennsylvania Electric Company for failing to guard two conveyor drives at an electric generating station. The Commission had previously remanded the case so the judge could determine whether the Secretary had properly exercised Mine Act jurisdiction over the cited area. On remand, the…
Bellaire Corporation
Safety-can citations vacated
MSHA cited Bellaire Corporation at the Indian Head Mine over red safety cans containing gasoline and another alleged violation involving mine equipment. One citation was withdrawn after MSHA determined it had been issued in error. Judge August F. Cetti found that Bellaire's written color-coding…
U.S. Department of Defense, Office of Dependents Schools and Overseas Education Association
DoD Dependents Schools and Overseas Education Association (FLRA 3-CA-60491): Recruit addresses withheld
The teachers' union sought home addresses of recruits tentatively selected for positions at overseas DoD schools, to be supplied as offers were accepted. The school system refused. The Authority agreed with an administrative law judge that these people were still prospective employees and that the…
National Labor Relations Board Union, Local 21 and National Labor Relations Board, Washington, D.C.
NLRB Region 21 and union (FLRA 0-NG-1766): Public office hours proposal rejected
The union proposed changing the hours that NLRB Region 21 was open to the public from 8:30 a.m. to 5:00 p.m. to 8:00 a.m. to 4:30 p.m. The Authority held that setting public service hours was part of the agency's right to determine its mission. The union did not claim the proposal was an…
U.S. Department of Defense, Dependents Schools, Mediterranean Region and Overseas Federation of Teachers
DoD schools and Overseas Federation of Teachers (FLRA 0-AR-1746): Transfer allowance award upheld
Two DoD teachers hired locally overseas were reassigned to schools in Italy from other countries. An arbitrator awarded living quarters allowances and related benefits under the agency's transfer rules. DoD argued that the award conflicted with regulations, rested on a mistaken fact, and followed…
Utah Power and Light Company, Mining Division
Imminent-danger withdrawal order affirmed
MSHA issued an imminent-danger withdrawal order removing Utah Power and Light's two EIMCO 915 diesel scoops from service at the Cottonwood Mine. The order was based on severe blind spots and restricted visibility that could prevent operators from seeing vehicles or miners in the scoops' travel…
Consolidation Coal Company
Discrimination settlement approved with back pay and penalty
Willard Gennoy complained to Consolidation Coal management about allegedly unsafe conditions and equipment at the Arkwright No. 1 Mine. Under the settlement, Judge James A. Broderick found that Gennoy had engaged in protected activity and that Consol illegally discriminated against him by…
U.S. Department of Health and Human Services, Social Security Administration, District Office, Greenville, North Carolina and American Federation of Government Employees
Greenville Social Security office and AFGE (FLRA 4-RO-00003): Representation election set aside
A mail ballot election at a Greenville Social Security office initially ended in a tie. An FLRA agent then found and opened another ballot without the parties present, changing the tally to 10 votes for AFGE and 9 against. The Authority held that the parties should have been present to observe the…
Antilles Consolidated Education Association, OEA/NEA, San Juan, Puerto Rico and Bette L. Bender, Elizabeth Pawson and Antoinette Torres de Perez
Antilles Education Association and teachers (FLRA 2-CO-70016): Nonmember insurance fees refunded
The Antilles teachers' union administered dental and optical insurance for bargaining unit employees. It charged nonmembers an annual administrative fee that members did not pay. The Authority held that this difference violated the union's duty to represent all unit employees fairly and interfered…
National Federation of Federal Employees, Local 2096 and U.S. Department of the Navy, Naval Facilities Engineering Command, Western Division
Navy Facilities Command and NFFE Local 2096 (FLRA 0-NG-1664): Return to work and transfer provisions split
The Navy disapproved three negotiated provisions on temporary work after illness or injury, performance evaluations, and which employees would transfer when staffing fell. The Authority found the return to work provision negotiable as an appropriate arrangement and the transfer selection provision…
UMWA, Local Union 1769 v. Utah Power and Light Company, Mining Division
Compensation dismissal affirmed
The United Mine Workers sought compensation under section 111 of the Mine Act for miners idled by an imminent-danger withdrawal order at Utah Power and Light's mine. The parties settled by paying 147 listed miners, but the union later identified additional miners and argued that the settlement…
Western Fuels-Utah, Inc.
Task-training violation reinstated on remand
Western Fuels-Utah, Inc. was cited under the Mine Act and mining regulations after a section foreman operated a roof-bolting machine without the task training required for miners. The Commission initially held that a state-certified supervisor was exempt from the training requirement, but the D.C…
Emery Mining Corporation
Settlement approved and case dismissed
Local Union 1769, District 22, and Emery Mining Corporation reached an amicable settlement in a compensation proceeding. Judge John J. Morris approved the settlement, dissolved the stay of the hearing, canceled the scheduled hearing, and dismissed the case.
Emery Mining Corporation
Settlement approved and case dismissed
Local Union 2176, District 22, and Emery Mining Corporation reached an amicable settlement in a compensation proceeding. Judge John J. Morris approved the settlement, dissolved the stay of the hearing, canceled the scheduled hearing, and dismissed the case.
U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah and U.S. Department of the Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio and American Federation of Government Employees, Local 1592
Ogden Air Logistics Center and AFGE Local 1592 (FLRA 7-CA-80444): Union witness interview violations upheld
Ogden Air Logistics Center required a bargaining unit employee to attend a pre-arbitration interview without notifying the union or allowing it to attend. An administrative law judge found that the interview was a formal discussion and that the center also coercively questioned a union witness…
National Labor Relations Board, Office of the General Counsel and National Labor Relations Board Union
NLRB General Counsel and NLRB Union (FLRA 0-AR-1839): Outside employment compensation removed
Two NLRB attorneys sought permission to work as hearing officers for a city civil service commission. An arbitrator found that their federal employer arbitrarily denied their requests in violation of the labor agreement and awarded each attorney $600 for lost outside earnings. The Authority held…
Ernst Materials Service
Discrimination proceeding dismissed
The Secretary of Labor sought to dismiss a discrimination proceeding involving Ernst Materials Service after additional investigation showed that the respondent corporation was no longer in business and its owner had died. The Secretary reported that no successor corporation could reasonably be…
National Federation of Federal Employees, Local 1380 and U.S. Department of the Navy, Naval Coastal Systems Center, Panama City, Florida
NFFE Local 1380 and Naval Coastal Systems Center (FLRA 0-NG-1601): Discipline reply period negotiable
The Navy disapproved three provisions in its agreement with NFFE Local 1380. The Authority found a 10 day period for employees to answer proposed adverse actions negotiable because the extra three days did not prevent discipline. It rejected a clause excusing the union from responsibility for…
Secretary of Labor o/b/o Price v. Jim Walter Resources, Inc.
Drug-program discrimination ruling partly reversed and remanded
The Secretary of Labor alleged that Jim Walter Resources discharged Michael L. Price and Joe John Vacha in violation of the Mine Act after they refused to provide urine samples under the company's substance-abuse program. The Commission reversed the ALJ's finding that the program was facially…
Chaney Creek Coal Corporation
Additional fees granted on remand
These consolidated discrimination proceedings returned to the ALJ after a Commission remand. Odell Maggard sought $56,957.55 in additional attorney fees and expenses for appellate work and $4,246.84 in recalculated interest. Judge Gary Melick granted the unopposed petitions, but stated that the…
U.S. Department of the Navy, Naval Aviation Depot, Naval Air Station Alameda, Alameda, California and International Association of Machinists and Aerospace Workers, Lodge 739
Alameda Naval Aviation Depot and IAM Lodge 739 (FLRA 9-CA-80482): Agreement discussions protected
Supervisors at the Alameda Naval Aviation Depot told employees they could not read or discuss their labor agreement in certain work areas and harassed two union stewards. An administrative law judge found interference with employees' statutory rights, and the depot did not challenge those findings…
U.S. Department of Veterans Affairs, Medical Center, New Orleans, Louisiana and National Federation of Federal Employees, Local 1904
New Orleans VA Medical Center and NFFE Local 1904 (FLRA 0-AR-1805): Performance rating grievance denied
An employee at the New Orleans VA Medical Center challenged her fully successful performance rating and sought an outstanding rating. An arbitrator found that her work met the written fully successful standards but did not meet the agency's definition of exceptional performance. The union argued…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 2403
HUD and AFGE Local 2403 (FLRA 0-AR-1960): Late response ends arbitration appeal
The Department of Housing and Urban Development filed exceptions to an arbitrator's award. The Authority ordered HUD to explain by July 30, 1990, why its exceptions should not be dismissed as late. HUD responded on August 2 without requesting an extension or showing extraordinary circumstances. The…
American Federation of Government Employees, Local 119 and U.S. Department of the Army, III Corps and Fort Hood, Fort Hood, Texas
AFGE Local 119 and Fort Hood (FLRA 0-AR-1954): Arbitration exceptions dismissed for failure to respond
AFGE Local 119 filed exceptions to an arbitrator's award involving Fort Hood. The Authority ordered the union to serve a complete copy of its exceptions and attachments on the Army and file proof of service by August 3, 1990. The union did not respond. The Authority dismissed the exceptions without…
Lang Brothers, Inc.
Contractor citations affirmed with $234 penalty
Lang Brothers, a heavy construction company that cleaned and plugged gas wells for a coal mine, was cited for equipment and safety violations during two well-plugging projects. The ALJ held that Lang was an independent contractor performing services integral to coal extraction and was therefore…
U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and Social Security Administration, Fitchburg, Massachusetts District Office and American Federation of Government Employees, Local 1164
Fitchburg Social Security office and AFGE Local 1164 (FLRA 1-CA-80103): Seating change rescinded
The Fitchburg Social Security office changed employee seating and reassigned claims work without bargaining with AFGE Local 1164. The Authority found that the seating move affected enough employees and their working conditions to require notice and bargaining about its impact and implementation. It…
National Federation of Federal Employees, Local 2050 and Environmental Protection Agency
NFFE Local 2050 and EPA (FLRA 0-NG-1645): Eight workplace security proposals negotiable
NFFE Local 2050 proposed security measures for EPA workplaces after incidents including thefts and assaults. The Authority found eight of nine disputed proposals negotiable, including measures on employee protection, incident notices, security alerts, fire alarm testing, and handling courier…
U.S. Department of Health and Human Services, Social Security Administration, Wichita, Kansas and American Federation of Government Employees, Local 1336
Wichita Social Security office and AFGE Local 1336 (FLRA 0-AR-1827): Reconsideration of pay increase ruling denied
The Authority had set aside an arbitrator's award concerning a withheld within-grade pay increase at a Wichita Social Security office. It held that the employee had to request agency reconsideration before taking the denial to arbitration. AFGE Local 1336 asked the Authority to reconsider, arguing…
National Treasury Employees Union and U.S. Department of Commerce, Patent and Trademark Office
NTEU and Patent and Trademark Office (FLRA 0-NG-1740): Trademark examination work counts negotiable
Trademark attorneys at the Patent and Trademark Office were rated partly by the number of application actions counted as completed work. NTEU proposed counting additional steps, including final refusals and actions in second examinations. The agency argued that the proposal would dictate its…
Beth Energy Mines, Inc.
Continuance denied and discovery ordered
Beth Energy Mines contested an S&S citation alleging a violation of 30 C.F.R. § 75.511 involving the qualifications needed to uncouple deenergized high-voltage cable. The Secretary requested a continuance while a companion civil-penalty proceeding was filed, but Beth Energy objected to delaying the…
Price v. Monterey Coal Company
Work-refusal discrimination claim dismissed and fee award vacated
Paula Price challenged a four-day suspension and loss of mine access after she did not comply with Monterey Coal's requirement that miners wear integrated metatarsal boots. The Commission held that her conduct was a work refusal, but that the refusal was not reasonable or protected because the…
Falcon Steel Company, Inc.
Economic-infeasibility interlocutory review withdrawn
Falcon Steel sought interlocutory review after the ALJ denied discovery supporting an industry-wide economic-infeasibility defense to perimeter safety-net citations. The Commission initially granted review and partially stayed the hearing on the 29 C.F.R. § 1926.105(a) items. Four days later, both…
U.S. Department of the Army, Army Aviation Systems Command and Army Troop Support Command, St. Louis, Missouri and National Federation of Federal Employees, Local 405
Army aviation commands and NFFE Local 405 (FLRA 57-CU-90008): Five team leaders excluded from unit
The Army and NFFE Local 405 disputed whether engineering and technical team leaders at two St. Louis commands belonged in the bargaining unit. The Authority found that five leaders regularly used independent judgment to assign, reprioritize, and review other employees' work, so they were…
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.