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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Morgan Corporation
Settlement approved and citation vacated
The Commission approved a joint settlement between Morgan Corporation and the Secretary in a civil-penalty proceeding. The ALJ had found a violation of former 30 C.F.R. § 56.9005 and assessed a $1,000 penalty, but that standard had been superseded by 30 C.F.R. § 56.14200. The Commission found…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals
Social Security Administration and AFGE field operations council (FLRA O-AR-1551): Reconsideration request withdrawn
AFGE's national council for Social Security field operations had sought reconsideration in this case. The union then asked to withdraw that request. The Authority granted the withdrawal and said it would take no further action on reconsideration. The order does not describe the earlier ruling or…
Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration and AFGE (FLRA 3-CA-80378): Computer rollout bargaining order upheld
The Social Security Administration began installing personal computers nationwide while negotiations with AFGE over the rollout's effects and implementation were unfinished. An administrative law judge found that the agency had changed working conditions without completing its bargaining…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals
Social Security Administration and AFGE field operations council (FLRA 0-AR-1835): Thornell award exceptions withdrawn
AFGE's national council for Social Security field operations had filed exceptions to an arbitration award by John R. Thornell. The union later requested permission to withdraw them. The Authority granted that request and said it would take no further action on the exceptions. The order does not…
U.S. Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington and American Federation of Government Employees, Local 48, Bremerton Metal Trades Council
Puget Sound Naval Shipyard and AFGE Local 48 (FLRA 0-AR-1818): Shift transfer denial stands
A computer operator at Puget Sound Naval Shipyard asked to move from the swing shift to the day shift. The Navy denied the request because no day shift vacancy existed, and an arbitrator found that the department's staffing policy qualified as an unusual circumstance under the labor agreement. AFGE…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals
Social Security Administration and AFGE field operations council (FLRA 0-AR-1768): Collins award exceptions withdrawn
AFGE's national council for Social Security field operations had filed exceptions to an arbitration award by Daniel G. Collins. The union then asked to withdraw its exceptions. The Authority granted the request and stated that it would take no further action on them. The order gives no details…
American Federation of Government Employees, Local 1857 and U.S. Department of the Air Force, Sacramento Air Logistics Center, McClellan Air Force Base, California
McClellan Air Force Base and AFGE Local 1857 (FLRA 0-AR-1751): Speculative overtime award set aside
An arbitrator found that McClellan Air Force Base had failed to document overtime offers as its labor agreement required. He awarded an employee 16 hours of overtime pay, while acknowledging that the number rested on conjecture. The Air Force challenged the award under the Back Pay Act. The…
U.S. Department of Defense, Defense Contract Audit Agency, Central Region and American Federation of Government Employees, Local 3529
Defense Contract Audit Agency and AFGE Local 3529 (FLRA 0-AR-1726): Compressed schedule holiday credit upheld
Defense Contract Audit Agency employees working four 10-hour days had received 10 hours of pay for holidays. The agency later limited their holiday schedules to eight hours, arguing that its program was a flexible schedule rather than a compressed one. An arbitrator found that the agency had…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals
Social Security Administration and AFGE field operations council (FLRA 0-AR-1724): Union withdraws arbitration exceptions
AFGE's national council for Social Security field operations had filed exceptions to an arbitration award by David M. Kaplan. The union then asked to withdraw those exceptions. The Authority granted the request and said it would take no further action on them. The order gives no details about the…
Department of Justice, Federal Prisons System, El Reno Federal Correctional Institution, El Reno, Oklahoma and American Federation of Government Employees, Council of Prison Locals, Local No. 171
El Reno correctional institution and AFGE Local 171 (FLRA 0-AR-1697): Tower officers' suspensions remain vacated
El Reno Federal Correctional Institution suspended two tower officers for 14 days after an inmate escaped during their shift. An arbitrator found that the institution had not proved either officer was inattentive to duty. He vacated both suspensions, awarded backpay, and allowed an official…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals
Social Security Administration and AFGE field operations council (FLRA 0-AR-1690): Goodman award exceptions withdrawn
AFGE's national council for Social Security field operations had filed exceptions to an arbitration award by Donald P. Goodman. The union then asked to withdraw its exceptions. The Authority granted the request and stated that it would take no further action on them. The order gives no details…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals
Social Security Administration and AFGE field operations council (FLRA 0-AR-1569): Yarowsky award exceptions withdrawn
AFGE's national council for Social Security field operations had filed exceptions to an arbitration award by Sol Yarowsky. The union then asked to withdraw its exceptions. The Authority granted the request and stated that it would take no further action on them. The order gives no details about the…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals
Social Security Administration and AFGE field operations council (FLRA 0-AR-1253 and related cases): Agency withdraws eight reconsideration requests
The Social Security Administration had asked the Authority to reconsider decisions in eight cases involving AFGE's national council for Social Security field operations. The agency then asked to withdraw those reconsideration requests. The Authority granted the withdrawal and said it would take no…
Flippy Coal Company, Inc.
Default order vacated and remanded
Flippy Coal failed to answer a civil-penalty petition and a show-cause order, so the ALJ entered a default order assessing $1,486 in proposed penalties. The company later sent an explanation to the Commission, apparently believing it should respond to the Department of Labor rather than the…
Westinghouse Haztec, Inc.
Spill-response site-control citation settled for no penalty
Westinghouse Haztec provided environmental cleanup services after a train derailment released more than 50,000 gallons of xylene. OSHA cited the company because its site-control program lacked a site map and clearly marked work zones once the operation had moved into post-emergency cleanup. The ALJ…
American Federation of Government Employees, Local 987 and U.S. Department of the Air Force, Warner Robins Air Force Logistics Center, Robins Air Force Base, Georgia
Warner Robins Air Force Logistics Center and AFGE Local 987 (FLRA 0-NG-1609): Reassignment proposals outside duty to bargain
Warner Robins Air Force Logistics Center planned employee reassignments during changes to three maintenance divisions. AFGE Local 987 proposed filling the assignments first with volunteers and then by seniority, with a return option after 120 days for some employees. The Authority held that the…
Health Care Financing Administration, Department of Health and Human Services and American Federation of Government Employees, Local 1923
Health Care Financing Administration and AFGE Local 1923 (FLRA 0-AR-1650): Promotion backpay removed
An employee challenged her nonselection for a promotion at the Health Care Financing Administration. An arbitrator found flaws in the selection process, rejected her age discrimination claim, awarded priority consideration for another vacancy, and ordered compensation equal to the higher salary. He…
Black Pine Mining Company
Settlement approved and discrimination proceeding dismissed
The Secretary of Labor brought a discrimination proceeding on behalf of Jack Winninghoff under section 105(c) of the Mine Act. Judge August F. Cetti approved the parties' settlement, which required Black Pine Mining Company to pay Winninghoff $14,000 for all claims, including lost wages. The…
Emery Mining Corporation; Utah Power & Light Company
Civil penalty proceedings dismissed
The Secretary of Labor asked to withdraw the civil penalty requests against Emery Mining Corporation and Utah Power & Light Company after the Tenth Circuit vacated the underlying citations. Judge John J. Morris granted the motions and dismissed the three proceedings. The order also directed that a…
Maggard v. Chaney Creek Coal Company
Attorney fees reinstated and interest remanded
Odell Maggard brought discrimination complaints after Chaney Creek Coal discharged him for refusing work he believed was hazardous. An administrative law judge found illegal discrimination and awarded reinstatement, back pay, interest, and attorney fees. On remand from the D.C. Circuit, the…
National Treasury Employees Union and Department of Agriculture, Food and Nutrition Service
Food and Nutrition Service and NTEU (FLRA 0-NG-1662): Performance review proposal partly negotiable
NTEU proposed progress reviews near the end of Food and Nutrition Service employees' appraisal periods and performance discussions before ratings were prepared. The agency argued that the proposal conflicted with appraisal rules and management's right to assign work. The Authority found the…
National Federation of Federal Employees, Local 341 and U.S. Department of the Interior, Bureau of Indian Affairs, Yakima Agency and the Wapato Irrigation Project
Yakima Agency and NFFE Local 341 (FLRA 0-NG-1367): Save pay proposal dismissed after court remand
NFFE Local 341 proposed that employees at the Yakima Agency and Wapato Irrigation Project keep their pay if prevailing rates or a negotiated pay schedule changed. The Authority had earlier found this save pay provision negotiable. The Ninth Circuit reversed because the parties had not previously…
Philadelphia Metal Trades Council and U.S. Department of the Navy, Philadelphia Naval Shipyard
Philadelphia Naval Shipyard and Metal Trades Council (FLRA 0-AR-1752): Arbitrator cannot revisit closed award alone
An arbitrator had overturned a Philadelphia Naval Shipyard employee's five-day suspension and ordered backpay. More than a year later, the employee asked the arbitrator to help resolve a dispute over how the shipyard applied the award. The arbitrator said he no longer had jurisdiction, and the…
U.S. Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 1923
Social Security Administration and AFGE Local 1923 (FLRA 0-AR-1739): Employee rating sent back for reevaluation
A Social Security Administration employee disputed a level 3 rating for a written work product task. An arbitrator found that the agency had failed to provide timely performance reviews and ordered the employee's prior level 4 rating carried forward, raising his overall rating. The Authority agreed…
Federal Deposit Insurance Corporation and National Treasury Employees Union
FDIC and NTEU (FLRA 0-AR-1701): Promotion and backpay award for union representative upheld
An FDIC bank examiner and union representative was passed over for a higher-grade position in the Chicago region. An arbitrator found that hostility to his union activity influenced the choice and that he would have been selected otherwise. The arbitrator ordered a retroactive promotion with…
Department of the Air Force, Air Force Logistics Command, Sacramento Air Logistics Center, McClellan Air Force Base, California and American Federation of Government Employees, Local 1857, AFL-CIO
McClellan Air Force Base and AFGE Local 1857 (FLRA 9-CA-70399): Relocation bargaining violation upheld
McClellan Air Force Base moved three supply clerks from an insulated building to a metal shed that was hotter, colder, noisier, and leakier. It did not notify AFGE Local 1857 or offer to bargain over the relocation's effects. An administrative law judge found an unfair labor practice, and the…
U.S. Department of the Army, Headquarters, 101st Airborne Division and American Federation of Government Employees, Local 2022
101st Airborne Division and AFGE Local 2022 (FLRA 4-CU-90008): Review granted on analysts' unit status
AFGE Local 2022 sought to add ten management analysts at the Army's 101st Airborne Division to its bargaining unit. A regional director excluded them after finding that their duties involved personnel work beyond clerical tasks. The union asked the Authority to review that finding, arguing that the…
Cobra Mining, Inc., Jerry K. Lester, and Carter Messer
Discrimination complaint dismissed
The Secretary of Labor alleged that Cobra Mining and two individuals discriminated against Amos Hicks in violation of section 105(c) of the Mine Act. Judge Avram Weisberger found that Hicks engaged in protected safety activity and suffered adverse action, but concluded that the respondents proved…
U.S. Army Plant Representative Office, Mesa, Arizona and American Federation of Government Employees, Local 3973, AFL-CIO
Army Plant Representative Office Mesa and AFGE Local 3973 (FLRA 8-CU-90008): Secretary remains in bargaining unit
The Army Plant Representative Office in Mesa sought to exclude secretary Deborah Alire from an AFGE bargaining unit as a confidential employee. The office said she would support its labor negotiation team and handle sensitive proposals. The Authority held that unit eligibility depended on duties…
Veterans Administration, Washington, D.C. and Veterans Administration Hospital, Brockton, Massachusetts and National Association of Government Employees, SEIU, AFL-CIO
Brockton VA Hospital and NAGE (FLRA 1-CA-50259): Surplus coffee complaint dismissed
Dietetic service employees at Brockton VA Hospital had long been allowed to drink leftover coffee during breaks. The hospital ended the practice, and NAGE alleged it should have bargained before doing so. In an earlier negotiability appeal, the Authority had found the record insufficient to show…
National Association of Government Employees, Local R1-109 and Veterans Administration Medical Center, Newington, Connecticut
Newington VA Medical Center and NAGE Local R1-109 (FLRA 0-AR-1632): Seven-day schedule pay award set aside
A medical administration assistant at the Newington VA Medical Center worked seven consecutive days on several occasions, although the labor agreement generally limited such schedules without employee consent. An arbitrator found a contract violation and awarded an extra half-day of pay for each of…
Phelps Dodge Morenci, Inc.
Late discrimination complaint allowed to proceed
Phelps Dodge Morenci moved to dismiss Armando Rivas's discrimination complaint because he filed it about 174 days after his discharge, beyond the 60-day period in section 105(c) of the Mine Act. Judge Michael A. Lasher, Jr. found that Rivas had shown a significant mental impairment affecting his…
Ozark-Mahoning Company
Lockout violation affirmed
MSHA cited Ozark-Mahoning after work was performed on an electrically powered hoist at the Annabel Lee underground fluorspar mine. The Commission held that 30 C.F.R. § 57.12016 required the hoist to be deenergized before mechanical work and required measures to prevent reenergization without the…
Green River Coal Co., Inc.
Trailing-cable lockout violation affirmed
At Green River's No. 9 underground coal mine, a mechanic and a roof bolter worked on a trailing cable while the disconnecting device was not locked out or tagged. Judge James A. Broderick found a violation of 30 C.F.R. § 75.511 and considered the mine's violation history and other penalty factors…
U.S. Department of Veterans Affairs, Westside Medical Center, Veterans Administration Independent Union, and Service Employees International Union
VA Westside Medical Center and Independent Union (FLRA 5-R0-80011): Separate unit petition dismissed
The Veterans Administration Independent Union sought to represent a separate group of employees at the Westside Medical Center in Chicago. A regional director dismissed its petition after finding that it was not a labor organization because its dues process lacked formal documentation. The…
U.S. Department of the Navy, Naval Oceanographic Office, Bay St. Louis, Mississippi and American Federation of Government Employees, Local 1028, AFL-CIO
Naval Oceanographic Office and AFGE Local 1028 (FLRA 0-AR-1814): Shipboard suspension upheld
The Naval Oceanographic Office suspended a physical scientist for 12 days after several incidents during temporary shipboard duty. An arbitrator rejected three charges but found two incidents of disruptive conduct toward a supervising scientist sufficiently serious to sustain the suspension. AFGE…
Social Security Administration and American Federation of Government Employees, Local 1923
Social Security Administration and AFGE Local 1923 (FLRA 0-AR-1669): Reduced suspension stands
The Social Security Administration suspended an employee for 14 days after she did not report to supervisory meetings on two dates. An arbitrator found that she could request union representation, but that she willfully failed to return after speaking with a union representative on one date. He…
Channel & Basin Reclamation
Settlement approved for 22 violations
The Secretary and Channel & Basin Reclamation moved for approval of a settlement covering 22 violations in two civil penalty dockets. Judge Michael A. Lasher, Jr. approved the settlement and assessed the agreed amounts listed in the order. The proposed penalties totaled $5,342, while the settlement…
Secretary of Labor on behalf of Leonard E. Edwards v. Rochester & Pittsburgh Coal Company
Discrimination complaint dismissed
Leonard E. Edwards filed a discrimination complaint against Rochester & Pittsburgh Coal Company, with the Secretary of Labor appearing on his behalf. Edwards consented to withdrawal of the complaint, and the Secretary requested permission to withdraw it. Judge Gary Melick approved the withdrawal…
Arch of Kentucky, Inc.
Two citations vacated
Arch of Kentucky operated Mine No. 37, a longwall coal mine. After an April coal outburst, MSHA approved a supplemental roof control plan requiring remote operation from shields 85 to 104. Following a May outburst that injured a shearer operator, MSHA cited the company for allegedly violating the…
Arch of Kentucky, Inc.
Fatality-related machinery citations affirmed
Arch of Kentucky operated the High Splint No. 2 Mine. During a repair of a continuous mining machine, a maintenance foreman used the machine's tram motor and chain to remove a shaft, even though that method was not a recommended maintenance procedure. The chain broke and the foreman died. Judge…
Department of the Navy, Puget Sound Naval Shipyard, Bremerton, Washington and International Federation of Professional and Technical Engineers, Local 12, AFL-CIO
Puget Sound Naval Shipyard and IFPTE Local 12 (FLRA 9-CA-90237): Smoking policy rescinded for lack of bargaining
Puget Sound Naval Shipyard introduced a smoking ban in one engineering branch without notifying IFPTE Local 12 or giving it a chance to bargain. The shipyard admitted that this violated its bargaining duty but opposed restoring the prior policy because it considered smoking a health risk. The…
American Federation of Government Employees, National EPA Council and Environmental Protection Agency
EPA and AFGE National EPA Council (FLRA 0-NG-1616): Existing nexus standard negotiable
AFGE's National EPA Council proposed language protecting employees' private activities when those activities did not conflict with job responsibilities and requiring a nexus for discipline. EPA argued that the language would limit its right to discipline employees for off-duty conduct. The…
American Federation of Government Employees, Council of Marine Corps Locals, Council 240 and Department of the Navy, United States Marine Corps
Marine Corps and AFGE Council 240 (FLRA 0-NG-1565): Statutory nexus clause negotiable
AFGE Council 240 proposed a clause saying the Marine Corps must apply the legal nexus standard when taking covered adverse actions against employees. The Marine Corps argued that the clause would restrict discipline for off-duty conduct and conflict with a federal workplace drug policy. The…
Internal Revenue Service, Des Moines, Iowa District and National Treasury Employees Union, Chapter 4
IRS Des Moines District and NTEU Chapter 4 (FLRA 0-AR-1714): Priority consideration remedy upheld
An IRS tax auditor sought to return to a revenue agent role she had held for several years. She was not placed on the highly qualified list for vacancies in the Des Moines district. An arbitrator found that the ranking official had ignored her prior revenue agent experience, contrary to the labor…
Letterkenny Army Depot and International Brotherhood of Police Officers, Local 358
Letterkenny Army Depot (FLRA 2-CA-70172): Cancelled guard promotion violated union rights
Letterkenny Army Depot cancelled the selection of George C. Webber, an active union president, for a lead guard position. It said the wrong supervisor had selected him, then reran the selection and chose someone else. The Authority found that the original selection followed longstanding practice…
Energy Fuels Coal, Inc.
Settlement approved and penalty reduced
Energy Fuels Coal and the Secretary settled related contest and civil penalty proceedings involving the Southfield Mine. The settlement removed the significant-and-substantial designation from Citation No. 2875336 and reduced its proposed penalty from $225 to $125. Withdrawal Order No. 3077162 was…
Big Horn Calcium Company
Contest dismissed as untimely
MSHA issued Big Horn Calcium a citation for an alleged violation of 30 C.F.R. § 56.11001 at the Granite Canyon Quarry. The citation was served on the company's supervisor at the mine, but Big Horn did not file its contest within 30 days. Judge August F. Cetti rejected the argument that service on…
Medicine Bow Coal Company
Expedited hearing denied
Medicine Bow Coal sought an expedited hearing in two contest proceedings involving a citation under 30 C.F.R. § 75.807 and an order or citation under 30 C.F.R. § 75.517. Judge John J. Morris found that the operator had not shown the criteria required for expedited relief. He denied the motion to…
Wyoming Fuel Company
Certification request denied
The Secretary asked Judge John J. Morris to certify an earlier ruling about whether an expedited hearing was required for enforcement orders. The judge denied certification and maintained his view that an expedited hearing is required when an order is issued under section 107 of the Mine Act. The…
Energy Fuels Coal, Inc.
Partial settlement approved for $79
Energy Fuels Coal and the Secretary reached a partial settlement concerning Citation No. 3077180 at the Southfield Mine. Energy Fuels agreed to pay the proposed penalty of $79 in full and withdrew its contest. Judge Michael A. Lasher, Jr. approved the settlement and dismissed Contest Docket No…
Energy Fuels Coal, Inc.
Partial settlement approved for $481
Energy Fuels Coal operated the Southfield Mine. The parties reached a partial settlement resolving 10 contest proceedings related to the civil penalty case. Energy Fuels agreed to pay $481, including five penalties paid in full and five reduced penalties. Judge Michael A. Lasher, Jr. also removed…
Energy Fuels Coal, Inc.
$112 penalty settlement approved
Energy Fuels Coal and the Secretary settled the company's contest of Citation No. 3077177 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved the settlement and ordered the company to pay a $112 penalty within 30 days. He dismissed the contest, and the release states that no related…
Energy Fuels Coal, Inc.
Citation modified in settlement
Energy Fuels Coal agreed to settle its contest of Citation No. 3077178 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved the settlement, dismissed the contest, and modified the citation to delete the significant-and-substantial designation. The company was ordered to pay a $50 penalty…
Energy Fuels Coal, Inc.
Citation vacated
Energy Fuels Coal was involved in contest and civil penalty proceedings concerning enforcement documents at the Southfield Mine. For Citation No. 3077181, the Secretary determined that no violation had occurred and moved to vacate the citation. Judge Michael A. Lasher, Jr. approved that motion and…
Energy Fuels Coal, Inc.
$50 penalty settlement approved
Energy Fuels Coal and the Secretary reached a partial settlement over Citation No. 2875321 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved a $50 penalty instead of the original $98 assessment and approved the company's withdrawal of its contest. The WEST 89-274-R contest was…
Energy Fuels Coal, Inc.
Citation vacated in partial settlement
Energy Fuels Coal and the Secretary reached partial settlement agreements covering enforcement documents in a contest proceeding and a related civil penalty proceeding. Judge Michael A. Lasher, Jr. approved the agreement for Citation No. 2875322, vacated that citation, and dismissed the contest…
Energy Fuels Coal, Inc.
Penalty reduced in partial settlement
Energy Fuels Coal and the Secretary reached a partial settlement over Citation No. 2875334 at the Southfield Mine. Judge Michael A. Lasher, Jr. approved a $100 penalty instead of the original $168 assessment and modified the citation to show one person affected. He dismissed the WEST 89-255-R…
Smooth Sailing Coal Company, Inc., and James W. Runyon
Discrimination complaint sustained
Six Smooth Sailing coal miners complained about unsafe roof and ventilation conditions before they were laid off together. Judge Roy J. Maurer found that the miners engaged in protected safety activity and that the layoff was motivated exclusively by those complaints, not by the employer's claimed…
MATTER OF TOBOSO-ALFONSO
Withholding granted for persecution based on homosexual status
The applicant, a Cuban citizen, was placed in exclusion proceedings after arriving in the United States through the Mariel boat lift. He testified that Cuban authorities repeatedly detained and questioned him, sent him to a forced labor camp, and ultimately threatened him with imprisonment unless…
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.