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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Veterans Administration Medical Center, Palo Alto, California and American Federation of Government Employees, Local 2110
Palo Alto VA Medical Center and AFGE Local 2110 (FLRA 0-AR-1681): Lost-overtime remedy stands
Motor vehicle operators at the Palo Alto VA Medical Center transported patients to appointments and activities. An arbitrator found that schedule changes requiring work outside their usual hours violated the parties' agreements and caused lost overtime, and he directed the parties to negotiate a…
Shank-Ohbayashi
One tunnel docket severed, leaving $600 in penalties
Shank-Ohbayashi faced citations from two inspections of its Los Angeles Metro-Rail tunneling project. The cases were tried together, but Commission review was sought only for Docket 88-2674. The Commission severed Docket 88-1711 after finding no party or public interest that warranted further…
National Federation of Federal Employees, Local 1655 and U.S. Department of Defense, Department of Military Affairs, Illinois National Guard, Springfield, Illinois
Illinois National Guard and NFFE Local 1655 (FLRA 0-NG-1774): Search-warrant proposal rejected
NFFE Local 1655 proposed that the Illinois National Guard obtain a search warrant before searching union property kept at the workplace. The Authority found that the proposal concerned employees' working conditions through their union's representational facilities. It also found that the Guard had…
National Treasury Employees Union, Chapter 12 and U.S. Department of the Treasury, Internal Revenue Service, Birmingham, Alabama
Birmingham IRS and NTEU Chapter 12 (FLRA 0-NG-1759): Appraiser assignment proposals rejected
An IRS reorganization placed Dothan employees under a manager in Mobile instead of Montgomery. NTEU Chapter 12 proposed that a named former manager complete two evaluations and that the new manager conduct no workload reviews or evaluations for 90 days. The union said this would protect employees…
Department of Justice, Immigration and Naturalization Service, Border Patrol, El Paso, Texas and American Federation of Government Employees, National Border Patrol Council
El Paso Border Patrol and National Border Patrol Council (FLRA 6-CA-70451): Agent coerced to give up union representative
An El Paso Border Patrol agent requested a union representative before investigators questioned him about suspected work-related misconduct. The investigators said he could have one, but repeatedly warned that the representative might be called as a witness and that their communications were not…
Matter of Eden
Mandatory detention began after incarceration ended
The Board reviewed a bond redetermination involving a Canadian citizen who had been admitted as an immigrant and later convicted in federal court of possessing diazepam with intent to distribute. The court ordered six months of confinement at a community treatment center, but the respondent was…
Matter of Munoz-Santos
Routine hearing notice supported an in absentia hearing
The Board reviewed an appeal after an Immigration Judge administratively closed deportation proceedings because the respondent did not appear for a scheduled hearing. The Board found sufficient evidence that the Order to Show Cause had been personally served and held that the Immigration Judge's…
Sauer-Sundstrand Corporation
Settlement order corrected for withdrawn citation item
Sauer-Sundstrand and the Secretary settled the contested OSHA citations, and an ALJ approved their agreement. The ALJ's order affirmed Citation 1 as amended, assessed $1,880, and stated without qualification that Citation 2 was affirmed. The settlement, however, withdrew Item 8 of Citation 2 and…
Sauer-Sundstrand Corporation
Settlement order corrected to reflect amended citation
Sauer-Sundstrand and the Secretary settled the contested OSHA citations, and an ALJ approved their agreement. The ALJ's order assessed a $520 penalty for Citation 1 but stated without qualification that Citation 2 was affirmed. The employer sought relief because the settlement withdrew three items…
Crocker & West Sheet Metal Co., Inc.
Citation withdrawn after default ruling
Crocker & West Sheet Metal failed to answer an ALJ's order in its OSHA contest. The ALJ dismissed the notice of contest by default, affirmed a citation under the personal protective equipment standard, and assessed a $490 penalty. After the case was directed for Commission review, the Secretary…
U.S. Department of the Navy, Naval Aviation Depot, Marine Corps Air Station Cherry Point, North Carolina and International Association of Machinists and Aerospace Workers, Local 2297
Cherry Point Naval Aviation Depot and IAM Local 2297 (FLRA 0-NG-1600): Two provisions approved, discipline limit rejected
The Navy disapproved three negotiated provisions at the Cherry Point depot. The Authority upheld a rule treating certified training records as presumptive evidence of listed skills because the Navy could still assess current qualifications. It also upheld an advisory board for certain…
American Federation of Government Employees, Local 1963 and U.S. Department of Veterans Affairs Medical Center, Danville, Illinois
Danville VA Medical Center and AFGE Local 1963 (FLRA 0-AR-1790): Temporary supervisor's dues withholding ends
The Danville VA Medical Center stopped withholding union dues when an employee was temporarily promoted to a supervisory position. An arbitrator found that the agency should have continued withholding under the agreement and ordered it to do so for future temporary promotions. The Authority set the…
American Federation of Government Employees, National Council of EEOC Locals, Local 216 and U.S. Equal Employment Opportunity Commission
EEOC and AFGE Local 216 (FLRA 0-AR-1707): Advisory umpire decisions outside Authority review
An EEOC national umpire issued two decisions under an advisory process in the parties' agreement: one on negotiation ground rules and one on performance-appraisal bargaining proposals. AFGE Local 216 sought Authority review after a national arbitrator declined to review the decisions. The Authority…
American Federation of Government Employees, National Council of EEOC Locals, Local 216 and U.S. Equal Employment Opportunity Commission
EEOC and AFGE Local 216 (FLRA 0-AR-1657): Flexitime umpire rulings outside Authority review
During bargaining over flexitime at EEOC headquarters, a national umpire chose management's final offer under the parties' advisory impasse process. AFGE Local 216 challenged the umpire's jurisdiction and rulings before the Authority. The Authority held that the agreement made the umpire's…
Department of the Interior, Bureau of Reclamation, Washington, D.C. and Lower Colorado Regional Office, Boulder City, Nevada and American Federation of Government Employees, Local 1978
Bureau of Reclamation and AFGE Local 1978 (FLRA 9-CA-70317): Sunday-pay violation reversed
The Bureau of Reclamation had directed its Lower Colorado office to stop paying a 25 percent Sunday premium to bargaining unit employees. The Authority initially found that direction unlawful and ordered restoration and back pay. On reconsideration, it adopted a court's interpretation that the…
U.S. Department of Defense, Defense Mapping Agency Aerospace Center, St. Louis, Missouri and National Federation of Federal Employees, Local 1827
Defense Mapping Agency and NFFE Local 1827 (FLRA O-AR-1891): Union owes full arbitration fee
NFFE Local 1827 grieved management conduct at the Defense Mapping Agency Aerospace Center. The arbitrator rejected the agency's argument that the grievance was late but denied the grievance on its merits. Under the agreement's rule that the losing party pays the arbitrator, he assigned all fees and…
U.S. Department of Health and Human Services, Social Security Administration, Baltimore, Maryland and American Federation of Government Employees, Local 1923
Baltimore SSA and AFGE Local 1923 (FLRA O-AR-1887): Performance ratings must be reevaluated
An SSA employee challenged ratings on two job tasks after the agency failed to give timely periodic performance reviews required by its agreement. An arbitrator sustained the grievance and ordered the previous year's ratings carried forward. The Authority agreed that the appraisal violation…
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 and AFGE Local 916 (FLRA O-AR-1854): Four-hour AWOL charge stands
An employee at Tinker Air Force Base called to say he would be several hours late, and the base charged him four hours of absence without leave. He later explained that his car had failed to start and that he had bought a battery and installed a door lock. An arbitrator denied the grievance in…
U.S. Department of the Air Force, Williams Air Force Base, Chandler, Arizona and American Federation of Government Employees, Local 1776
Williams Air Force Base and AFGE Local 1776 (FLRA O-AR-1824): Removal exceptions dismissed
Williams Air Force Base removed an employee for threatening statements about a supervisor. An arbitrator found that the agency had not committed harmful error and denied the removal grievance. AFGE Local 1776 challenged that award, arguing that the arbitrator wrongly assessed harmful error and his…
U.S. Department of the Air Force, McClellan Air Force Base, California and American Federation of Government Employees, Local 1857
McClellan Air Force Base and AFGE Local 1857 (FLRA O-AR-1788): Reprimand award upheld
McClellan Air Force Base reprimanded an employee for tardiness and insolence toward a supervisor. An arbitrator found just cause for the reprimand based on the insolence charge, despite evidence that managers had used inappropriate language on other occasions. AFGE Local 1857 argued that the…
Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California and American Federation of Government Employees, Local 1857
Sacramento Air Logistics Center and AFGE Local 1857 (FLRA 9-CA-80498): Formal discussion remedy modified
The Sacramento Air Logistics Center held a formal discussion with a bargaining unit employee about a grievance without notifying AFGE Local 1857 or giving it a chance to attend. An administrative law judge found violations of the union's representation right and recommended a posted notice signed…
U.S. Department of the Air Force, Edwards Air Force Base, California and Sport Air Traffic Controllers Organization
Edwards Air Force Base and Sport Air Traffic Controllers Organization (FLRA 8-RO-90007): Small unit election upheld
The Sport Air Traffic Controllers Organization sought an election among air traffic control specialists at Edwards Air Force Base. The regional director found that the specialists and three closely connected electronics technicians could form a separate unit. The Air Force challenged the small unit…
U.S. Department of Veterans Affairs, Veterans Administration Medical Center, Allen Park, Michigan and American Federation of Government Employees, Local 933
Allen Park VA Medical Center and AFGE Local 933 (FLRA 5-CU-90002): Second shift foreman excluded from unit
AFGE Local 933 sought to include a second shift medical equipment repair foreman in the Allen Park VA Medical Center bargaining unit. The foreman and his first shift counterpart jointly recommended a clerical employee for hire, and the hospital accepted their recommendation. The union argued that a…
U.S. Department of Housing and Urban Development, Washington, D.C. and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 3-CU-80031, 3-CU-80032): Four employees included in bargaining unit
AFGE Local 476 sought to include four HUD employees in its bargaining unit. HUD argued that one employee's equal employment opportunity data work qualified as nonclerical personnel work or administration of the labor statute, and that three secretaries were confidential employees. The Authority…
American Federation of Government Employees, Local 1164 and U.S. Department of Health and Human Services, Social Security Administration, Lynn, Massachusetts
AFGE Local 1164 and SSA Lynn (FLRA 0-NG-1742): Telephone inquiry procedure negotiable
SSA's new telephone system produced daily records of outgoing calls. AFGE Local 1164 negotiated a procedure for investigating suspected misuse: ask employees, inquire with the phone company, and call the number only as a last resort. SSA disapproved that sequence, arguing that it limited internal…
American Federation of Government Employees, Local 3172 and U.S. Department of Health and Human Services, Social Security Administration, Vallejo District Office
AFGE Local 3172 and SSA Vallejo District Office (FLRA 0-NG-1632): Seven performance proposals negotiable
AFGE Local 3172 proposed eight terms addressing performance evaluations at Social Security offices. The Authority found that Proposals 1 through 3 merely require managers to consider listed circumstances when applying performance standards. Proposals 4 and 5 govern how statistical data are compiled…
U.S. Department of Veterans Affairs Medical Center, Buffalo, New York and Service Employees International Union, Local 200-C
Buffalo VA Medical Center and SEIU Local 200-C (FLRA 0-AR-1904): Grievant lacked standing to appeal award
An employee at the Buffalo VA Medical Center filed exceptions to an arbitrator's award on his own. The Authority asked him to explain his standing. The union president said the union would not participate but did not object to the employee pursuing the case if allowed. The Authority found that only…
U.S. Department of the Army, Fort Monroe, Virginia and National Association of Government Employees, Local R4-11
Fort Monroe and NAGE Local R4-11 (FLRA 0-AR-1847): Late grievance ruling upheld
Fort Monroe suspended an employee for one day, and NAGE Local R4-11 grieved the discipline. An arbitrator found that the union had missed a required step after management failed to issue a second-step decision, making the grievance untimely under the labor agreement. The union argued that the…
U.S. Department of the Army, Military District of Washington and Federal Employees and Transportation Workers, Local 960
Military District of Washington and FETW Local 960 (FLRA 0-AR-1843): Removal exceptions dismissed
The Army removed a civilian employee, and Federal Employees and Transportation Workers Local 960 grieved the removal. An arbitrator found the grievance untimely under the collective bargaining agreement and did not reach its merits. The union argued that its exceptions concerned only the grievance…
U.S. Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah and American Federation of Government Employees, Local 1592
Ogden Air Logistics Center and AFGE Local 1592 (FLRA 0-AR-1829): Overtime grievance denial upheld
Ogden Air Logistics Center filled a weekend overtime shift with employees who were at work when the need arose. A test cell operator on sick leave argued that the agency should also have asked him to volunteer. The arbitrator found no contract violation or binding past practice requiring calls to…
U.S. Department of the Army, Army Reserve Personnel, St. Louis, Missouri and American Federation of Government Employees, Local 900
Army Reserve Personnel and AFGE Local 900 (FLRA 0-AR-1821): Performance rating award upheld
An Army Reserve Personnel employee sought an Exceptional annual rating instead of Fully Successful. The arbitrator found that the agency had properly applied performance standards that counted errors in three-month periods and denied the grievance. AFGE Local 900 argued that the employee should…
U.S. Department of Transportation, Maritime Administration, James River Reserve Fleet and National Association of Government Employees, Local R4-47
James River Reserve Fleet and NAGE Local R4-47 (FLRA 0-AR-1815): Contracting grievance denial upheld
The Maritime Administration contracted out routine maintenance and inspection work on two ships. NAGE Local R4-47 argued that the agency should have notified it and considered its views under the labor agreement because the work might affect unit employees. An arbitrator found no demonstrated…
U.S. Department of Defense, San Antonio Air Logistics Center, Kelly Air Force Base, Texas and American Federation of Government Employees, Local 1617
San Antonio Air Logistics Center and AFGE Local 1617 (FLRA 0-AR-1795): Ordered rating increase set aside
An employee at the San Antonio Air Logistics Center challenged ratings on three parts of his annual performance appraisal. The arbitrator found the ratings too low and ordered the agency to add three points to each, raising the overall rating. The agency argued that the arbitrator had not found a…
U.S. Department of Housing and Urban Development, Los Angeles Area Office, Region IX, Los Angeles, California and American Federation of Government Employees, Local 2403, AFL-CIO
HUD Los Angeles Area Office and AFGE Local 2403 (FLRA 0-AR-1785): Private union office award upheld
After HUD moved its Los Angeles office, AFGE Local 2403 received work space that lacked the privacy and furnishings promised under the parties' agreements. An arbitrator found that the union had previously occupied a private office and that HUD had failed to provide suitable replacement space…
U.S. Department of Health and Human Services, Social Security Administration, Region VI, Dallas, Texas and American Federation of Government Employees, Local 1336
SSA Region VI and AFGE Local 1336 (FLRA 0-AR-1759): Performance appraisal grievance denial upheld
An SSA employee and union representative sought higher ratings on two job tasks and an outstanding overall appraisal. An arbitrator found that her supervisor had not rated her adversely because of union activity and rejected the grievance. AFGE Local 1336 argued that the award overlooked protected…
General Services Administration, Region VII, Fort Worth, Texas and American Federation of Government Employees, Council 236
GSA Region VII and AFGE Council 236 (FLRA 0-AR-1748): Smoking policy remedy limited to unit employees
GSA revoked designated smoking areas in its Contracts Division after employees reported health problems in a smoking environment. An arbitrator found that GSA had made the change without notifying AFGE Council 236 or bargaining over its effects, and ordered relief that included rescinding the…
U.S. Department of Defense, U.S. Department of the Army, Red River Army Depot and National Association of Government Employees, Local R14-52
Red River Army Depot and NAGE Local R14-52 (FLRA 0-AR-1743): Holiday schedule grievance denial upheld
Red River Army Depot changed one week's compressed work schedule around Columbus Day. NAGE Local R14-52 argued that the change was made solely to avoid holiday premium pay, contrary to an Army regulation. The arbitrator found that the agency changed the schedule to improve operating efficiency, as…
U.S. Department of State, Bureau of Consular Affairs, Passport Services and National Federation of Federal Employees, Local 1998
State Department Passport Services and NFFE Local 1998 (FLRA 3-RA-90001): Election petition dismissal left in place
The State Department sought an election to test whether NFFE Local 1998 still represented a majority of a bargaining unit. A regional director dismissed the petition because it was filed outside the permitted window during an active agreement and found no unusual circumstances. The director also…
U.S. Department of Health and Human Services, Social Security Administration, Chicago, Illinois and American Federation of Government Employees, Local 1346
SSA Chicago and AFGE Local 1346 (FLRA 0-AR-1861): Claims representative appraisal upheld
An SSA claims representative challenged a lower rating on one critical job task, which kept his overall appraisal at Fully Satisfactory rather than Excellent. The arbitrator found that a memo had told him the case completion targets and that an interim review had warned him of weaker performance…
U.S. Department of Health and Human Services, Social Security Administration, Wichita, Kansas and American Federation of Government Employees, Local 1336
SSA Wichita and AFGE Local 1336 (FLRA 0-AR-1827): Within-grade increase award set aside
SSA withheld a claims representative's within-grade pay increase after finding her performance unsatisfactory. An arbitrator sustained her grievance and ordered the increase, interest, and removal of adverse performance records. The agency argued that she had to request reconsideration of the…
U.S. Department of Defense, Defense Mapping Agency, Hydrographic/Topographic Center and American Federation of Government Employees, Local 3407
Defense Mapping Agency and AFGE Local 3407 (FLRA 0-AR-1719): Union meeting award upheld
Two AFGE Local 3407 stewards visited a Defense Mapping Agency office and met with five employees. The agency grieved the visit, and an arbitrator found that the stewards exceeded the supervisor's permission to meet with two employees during lunch. He ordered the union to post a notice and offered…
U.S. Department of the Navy, Naval Air Station Corpus Christi, Texas and National Federation of Federal Employees, Local 797
Naval Air Station Corpus Christi and NFFE Local 797 (FLRA 0-AR-1924): Late exceptions dismissed
NFFE Local 797 mailed exceptions to an arbitration award from Naval Air Station Corpus Christi. The envelope had no postmark, and the Authority received it on May 11, 1990. Even using the later award mailing date asserted by the union, the filing deadline was April 30. Under the Authority's rules…
Louisiana-Pacific Corporation
Particleboard hazard communication items vacated
OSHA cited Louisiana-Pacific's Montana particleboard plant for three alleged violations of the Hazard Communication Standard and proposed $1,000. The items concerned formaldehyde warnings on particleboard shipping labels, warnings on stationary formaldehyde tanks, and safety data sheets for…
Lexcon Building Systems
Inspection item withdrawn, floor-opening vacatur final
Lexcon served as construction manager for a mall project and was responsible for coordinating subcontractors and conducting safety inspections. OSHA cited the company over the frequency of its inspections, an unprotected LP-gas cylinder, and two unguarded floor openings. The LP-gas item was…
Fred C. Kroeger & Sons
Scaffold access item affirmed for $100
Fred C. Kroeger & Sons was a bricklaying subcontractor at a church construction site. OSHA cited the company because employees climbed scaffold braces without an access ladder and because a scaffold allegedly lacked required guardrails and toeboards. The ALJ affirmed the access item, reduced its…
Century Steel Erectors, Inc.
Court remand required proof that safety belts were practical
Century Steel employees were dismantling a bridge-work scaffold when an employee fell about 40 feet while tack welds were being cut. An ALJ found a serious fall-protection violation because employees were not tied off and assessed $1,000 for that item. The D.C. Circuit reversed, holding that the…
Williams Enterprises, Inc.
Perimeter cable violation reinstated for $630
Williams Enterprises performed structural steel erection on a Washington, D.C., building project. Employees came within one foot of two unguarded edges on a mostly decked second-tier floor, with fall distances of 20 to 30 feet. The ALJ vacated the perimeter-cable citation after concluding that…
Walsenburg Sand & Gravel Company
Citations affirmed with S&S findings modified
Walsenburg Sand & Gravel operated intermittent sand and gravel pits in Colorado. The judge found violations involving machine guards, electrical equipment, grounding, records, labeling, and an elevated roadway. The judge removed the significant-and-substantial characterization from nine citations…
R S & W Coal Company, Inc.
Untrained miner citation and penalty affirmed
R S & W Coal Company operated a small underground coal mine with eight miners. An inspector found a new miner working underground after receiving little or none of the required 40 hours of training under 30 C.F.R. § 48.5(a). The judge affirmed the training citation, the significant-and-substantial…
Matter of Lopez-Barrios
Improper administrative closing required remand
The Board reviewed an interlocutory appeal after an Immigration Judge administratively closed a respondent's deportation case when she failed to appear for a scheduled hearing. The Board held that administrative closing cannot be used when either party objects because it does not result in a final…
Lebanon Rock Incorporated
Lockout and start-up warning violations affirmed
Lebanon Rock operated a portable limestone crushing plant. A laborer was injured when a return conveyor restarted while he was repairing its skirting, after the conveyor had been turned off but not locked out. The judge affirmed citations for failing to use the lockout system and failing to provide…
Greenwich Collieries
Withdrawal orders modified and merits remanded
Greenwich Collieries operated the Greenwich No. 1 underground coal mine, where a methane ignition and explosion had killed three miners and injured eleven others. MSHA later issued five withdrawal orders under section 104(d)(1) based on alleged violations found during its investigation. The…
Stillion v. Quarto Mining Company
Walkaround representative entitled to compensation
Roger L. Stillion was a Quarto miner and miners' representative who accompanied MSHA inspectors during an inspection of an independent contractor's equipment at Quarto's underground coal mine. Quarto refused to pay him for the inspection time, even though the inspection followed safety complaints…
Cantu Materials, Inc.
Default discrimination order and back pay affirmed
Cantu Materials was found in default after failing to answer a discrimination complaint or respond to an order to show cause. The judge had previously found that the company discharged Bobby Coulter for activity protected by section 105(c)(1) of the Mine Act and ordered record expungement, a $600…
Vic's Sand & Gravel Company
Injury reporting citation affirmed
Vic's Sand & Gravel operated a small sand and gravel business. An employee suffered arm and wrist injuries at the mine and received medical treatment, but the company did not file the required injury report within 10 working days. The judge affirmed the citation under 30 C.F.R. § 50.20, found the…
Faith Coal Company
Continuance request denied
The Secretary sought a $54 civil penalty against Faith Coal Company for allegedly failing to submit valid respirable dust samples. The Secretary's counsel asked to move a June 7, 1990 hearing because of depositions in another matter. Judge George A. Koutras found that the issues were not complex…
France Stone Company
Settlement decision vacated and remanded
An ALJ approved a settlement under which France Stone would pay $12,000 for two citations. France Stone then moved to amend the settlement and dismiss the proceeding, stating that the Secretary agreed, but the motion was not signed by the opposing party. The Commission treated the motion as a…
Sanger Rock & Sand
Citations vacated for failure to publish agency organization
MSHA charged Sanger Rock & Sand with violating two mine-safety regulations at the Sanger Pit and Mill in California. Sanger argued that the federal government lacked jurisdiction because it did not own the property and because California had not ceded it, and also argued that MSHA had not properly…
Bennett Trucking Company
Seat-belt citations dismissed
MSHA cited Bennett Trucking Company and B & S Trucking Company after finding that coal-hauling trucks lacked required seat belts. The Secretary argued that the trucks were subject to 30 C.F.R. § 77.1710(i), while the companies argued that their cab shields supplied roll protection and that the…
Bill Pack Land Corporation and PCR Joint Venture
Fire-control settlements approved
These consolidated civil penalty proceedings involved a coal-mine refuse pile in West Virginia that had been burning for more than 50 years. After a hearing and settlement conference, Bill Pack Land Corporation and PCR Joint Venture agreed to reduced penalties, fire-control and extinguishing plans…
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.