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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ALJ

Moniteau County Commission

Reporting citation vacated and case dismissed

Moniteau County Commission was cited for failing to file a quarterly mine employment report for its maintenance shop. After a hearing, MSHA determined that the operation was a borrow pit outside Mine Act coverage in the circumstances presented. Judge Michael A. Lasher, Jr. granted MSHA's motion to…

April 20, 1989 ·Michael A. Lasher, Jr. ·FMSHRC
Citations vacated
COMM

Hern Iron Works, Inc.

150-day hearing delay reversed and case remanded

At the start of a scheduled hearing, Hern Iron Works obtained a 150-day postponement while related warrant litigation was pending in the Ninth Circuit. The Commission reversed because the motion was untimely, showed no exigent circumstances, and would indefinitely delay a case that the parties…

April 20, 1989 ·OSHRC
Remanded
COMM

Whiting-Turner Contracting Company

Floor-edge citation affirmed as serious for $50

Whiting-Turner managed construction of two four-story hospital towers where floor perimeters were unguarded or protected only by sagging single-wire ropes. Its three onsite employees performed engineering inspections and regularly worked near those edges. The ALJ found a violation but classified it…

April 20, 1989 ·OSHRC
Citations affirmed
COMM

Seward Motor Freight, Inc.

Forklift-platform violation reduced from willful to serious

Seward repaired semi-trailers using a work platform welded to forklift forks. Employees commonly raised the platform themselves and climbed the forklift mast to reach it instead of having an operator remain at the controls. One employee fell about seven feet while climbing down and sustained…

April 20, 1989 ·OSHRC
Modified
COMM

Lowe Construction Company

Trench ladder citation vacated under specific egress standard

Lowe employees used a ladder to climb the vertical lower portion of a deep trench, then stepped off and walked up the sloped wall. OSHA cited the general construction ladder rule because the ladder ended 6 to 8 feet below ground level instead of extending three feet above the landing. The…

April 20, 1989 ·OSHRC
Citations vacated
COMM

Cardinal Industries, Inc.

One modular-plant fall item affirmed for $450

Cardinal manufactured modular housing units on an indoor assembly line. After a fatal fall from a unit roof, OSHA cited fall hazards on the roofs, an adjacent felt-rack platform, and a scissors lift. The Sixth Circuit first held that the plant was governed by general industry rather than…

April 20, 1989 ·OSHRC
Mixed result
COMM

Matter of Grullon

Florida pretrial intervention did not create an immigration conviction

The Board reviewed a Dominican respondent's appeal from an order of deportation based on overstaying a visitor admission. The respondent had completed Florida's pretrial intervention program after a cocaine-possession charge, and the charges were dismissed without prejudice. The Board held that the…

April 19, 1989 ·BIA
Remanded
COMM

Matter of Deris

Maryland first-offender treatment did not erase a drug conviction

The Board reviewed a Greek respondent's deportation case after he pleaded guilty to cocaine possession in Maryland and received first-offender treatment under state law. The Board held that Maryland's statute was broader than the federal first-offender provision because it applied to any drug…

April 19, 1989 ·BIA
Remanded
COMM

Cleveland Electric Illuminating Company

Fall protection required during elevated apprentice training

Cleveland Electric trained apprentice mechanics to cross narrow substation bridges at heights of 25, 36, and 56 feet. The company removed guide ropes in stages and eventually required trainees to cross without fall protection so the exercise would simulate field conditions and build confidence. The…

April 18, 1989 ·OSHRC
Citations affirmed
COMM

Continental Electric Company

Hearing conservation citation reinstated with no penalty

Continental used a pneumatic air file that produced sound levels as high as 103 decibels. A full-shift dosimeter showed the operator's exposure slightly exceeded a 92-decibel eight-hour average, but the company had no hearing conservation program. The ALJ vacated the citation because the Secretary…

April 18, 1989 ·OSHRC
Citations affirmed
ALJ

Robert B. Young v. Lehigh Portland Cement Company

Discrimination complaint dismissed after insubordination finding

Robert B. Young, a yard foreman at Lehigh Portland Cement Company's plant and quarry, was discharged after refusing instructions to issue a verbal warning to a brakeman involved in a locomotive collision and derailment. Young alleged that the discharge violated the Mine Act's protection against…

April 17, 1989 ·William Fauver ·FMSHRC
Other
ALJ

B and D Coal Company, Incorporated

Settlement approved with $4,000 penalty

B and D Coal Company, Incorporated, operator of No. 7 Mine, faced a proposed civil penalty of $8,000. The parties jointly moved to approve a settlement, and Judge Avram Weisberger found the settlement appropriate under the Mine Act's penalty criteria. The judge approved the settlement, reducing the…

April 17, 1989 ·Avram Weisberger ·FMSHRC
Settled
ALJ

Martin Marietta Aggregates

Gas-cylinder citations affirmed with $100 in penalties

Martin Marietta Aggregates operated the Belgrade and New Bern quarries in North Carolina. MSHA cited the company after oxygen and acetylene cylinders were found without valve covers, and the company argued that the cylinders were in use rather than stored. Judge James A. Broderick found that both…

April 14, 1989 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Herbert M. King v. Shamrock Coal Company

Discrimination settlement approved

Herbert M. King brought a discrimination proceeding against Shamrock Coal Company involving No. 10 Mine. The parties jointly asked the judge to approve a settlement and dismiss the case. Judge William Fauver found the settlement consistent with the purposes of the Mine Act, approved it, and…

April 14, 1989 ·William Fauver ·FMSHRC
Settled
ALJ

Shamrock Coal Company

Mine-plan violation affirmed with additional penalty claim dismissed

Shamrock Coal Company developed its Greenwood No. 12 Mine without approved plans after MSHA had advised the operator that separate plans were required for its physically separate mines. Judge William Fauver found the plan violation significant and substantial and caused by gross negligence, and…

April 14, 1989 ·William Fauver ·FMSHRC
Mixed result
ALJ

Consolidation Coal Company

Retaliation and reporting policy violate the Mine Act

Consolidation Coal Company reprimanded and threatened miner William J. Keller after he engaged in activity protected by the Mine Act. Judge William Fauver found that the company violated 30 U.S.C. § 815(c)(1) and that its policy requiring employees to report alleged safety or health problems to…

April 12, 1989 ·William Fauver ·FMSHRC
Other
ALJ

Utah Power & Light Company

Transformer citation affirmed, unwarrantable-failure designation removed

Utah Power & Light Company operated the Cottonwood coal mine. MSHA cited the company after finding that a transformer was not ventilated directly into the return air course as required by 30 C.F.R. § 75.1105. Judge John J. Morris affirmed the citation and its significant-and-substantial…

April 12, 1989 ·John J. Morris ·FMSHRC
Modified
ALJ

Monterey Coal Company

Protected work refusal upheld, records correction ordered

Monterey Coal Company required miner Paula L. Price to wear integrated metatarsal boots even though the boots did not fit and caused foot problems. Judge Gary Melick found that Price's refusal to work in the ill-fitting boots was protected because she had a good-faith, reasonable belief that…

April 12, 1989 ·Gary Melick ·FMSHRC
Other
COMM

Dun-Par Engineered Form Company

Serious fall protection violation affirmed after court remand

Dun-Par was a concrete-form subcontractor whose employees worked at unguarded floor edges 38 to 46 feet above the ground. Guardrails and safety belts were infeasible for the work, but the Eighth Circuit required Dun-Par to prove that other protective measures were unavailable. On remand, the…

April 12, 1989 ·OSHRC
Citations affirmed
ALJ

Sterling Energy, Inc.

Mine safety orders affirmed and two modified

Sterling Energy, Inc. operated the Sterling No. 5 Mine. MSHA cited roof control, preshift examination, conveyor guarding, ventilation, and airflow conditions, including an imminent-danger order and several unwarrantable-failure orders. Judge Roy J. Maurer affirmed the cited violations and orders…

April 11, 1989 ·Roy J. Maurer ·FMSHRC
Modified
COMM

Gilian Instrument Corporation

Settlement approved with a $350 penalty

Gilian Instrument agreed to settle after an earlier default order had affirmed the citations and assessed $700. The company agreed to guard the cited equipment appropriately or remove it from service. The Secretary reduced the proposed penalty from $700 to $350, and Gilian withdrew its notice of…

April 11, 1989 ·OSHRC
Settled
COMM

National Gallery of Art and American Federation of Government Employees, Local 1831

National Gallery of Art (FLRA 0-AR-1694): Arbitration exceptions arrived one day late

The National Gallery of Art filed exceptions to an arbitration award involving AFGE Local 1831. The arbitrator's award was dated January 12, 1989, and the Authority presumed service by mail that day. With the additional mailing time, the Gallery had until February 15 to file exceptions. Its hand…

April 11, 1989 ·FLRA
Procedural
ALJ

Pomerleau Brothers, Inc.

Settlement approved for haulage and equipment violations

Pomerleau Brothers, Inc. operated Chelmsford Mill. The case involved three civil penalties, including violations concerning a truck's brakes and other equipment conditions. Judge Paul Merlin approved the parties' settlement recommendations for the original penalty amounts and found that a $500…

April 7, 1989 ·Paul Merlin ·FMSHRC
Settled
COMM

Coal Junction Coal Company

Penalty dismissal vacated and case remanded

The Chief Administrative Law Judge dismissed Coal Junction Coal Company's civil penalty contest after the Secretary reported that the proposed penalties had been paid. The company later filed an answer stating that it wanted to pursue the contest. The Commission treated that answer as a petition…

April 7, 1989 ·FMSHRC
Remanded
ALJ

Super Block Coal Corporation

Fire extinguisher citation affirmed with $20 penalty

Super Block Coal Corporation operated the Hunley Creek mine. MSHA cited the operator because an Ingersoll-Rand T-4 highwall drill did not have a portable fire extinguisher. Judge George A. Koutras found the violation proven after the operator failed to appear or respond to the show cause order, and…

April 7, 1989 ·George A. Koutras ·FMSHRC
Citations affirmed
ALJ

Amax Coal Company

Discrimination damages set at $1,000

Amax Coal Company had already lost a discrimination complaint brought by Donald F. Denu. The parties later agreed that the costs and damages totaled $1,000. Judge Gary Melick ordered Amax to pay Denu $1,000 within 30 days of the order.

April 7, 1989 ·Gary Melick ·FMSHRC
Settled
COMM

B & M Trucking

Dismissal vacated and discrimination case remanded

An FMSHRC Administrative Law Judge dismissed Kenneth Howard's discrimination complaint after finding that he had not responded to an order to show cause. The Commission treated Howard's attorney's motion to reinstate as a timely petition for discretionary review, granted review, and vacated the…

April 7, 1989 ·FMSHRC
Remanded
ALJ

Eastern Associated Coal Corporation

Longwall miners awarded compensation, other claims denied

Local Union 1570 sought compensation for miners who were idled for 3.5 shifts after MSHA issued two Section 104(d)(2) orders at Eastern Associated Coal Corporation's Federal No. 2 Mine. Judge George A. Koutras found a sufficient connection between one order and the idling of miners assigned to the…

April 6, 1989 ·George A. Koutras ·FMSHRC
Mixed result
ALJ

Rushton Mining Company

Noise citation based on MSHA survey affirmed

Rushton Mining Company contested a citation issued after an MSHA noise survey found that a roof bolter operator was exposed to noise above the limit in 30 C.F.R. § 70.501. Judge James A. Broderick held that the Secretary could issue the citation based on an MSHA-conducted noise survey, even though…

April 6, 1989 ·James A. Broderick ·FMSHRC
Citations affirmed
ALJ

Quarto Mining Company

Walkaround representative pay violation found

Quarto Mining Company refused to pay Roger L. Stillion his regular wage for time spent accompanying a federal mine inspector as a miners' walkaround representative on October 6, 7, and 8, 1987. Judge William Fauver found that the company violated 30 U.S.C. § 813(f). The parties were directed to try…

April 6, 1989 ·William Fauver ·FMSHRC
Other
ALJ

Rodney Chaney v. Johnny Tackett

Discrimination complaint dismissed for failure to prosecute

Rodney Chaney's discrimination complaint was dismissed after he repeatedly failed to attend noticed depositions, produce requested documents, comply with prehearing orders, and respond to an order to show cause. Judge Roy J. Maurer granted Johnny Tackett's motion to dismiss for failure to prosecute…

April 6, 1989 ·Roy J. Maurer ·FMSHRC
Procedural
COMM

Matter of Pazandeh

Five-year residence made prior-marriage fraud proof unnecessary for the petition

The Board reviewed a lawful permanent resident's spousal visa petition for her Iranian husband. The Service had required clear and convincing evidence that her earlier marriage was not entered into to evade immigration laws. The Board held that, because five years had elapsed since she became a…

April 6, 1989 ·BIA
Remanded
ALJ

Bob & Tom Coal, Inc.

Discrimination complaint dismissed after settlement

George H. Adkins and Bob & Tom Coal, Inc. jointly asked to dismiss the discrimination case after reaching a mutually agreeable settlement. Judge Roy J. Maurer allowed the complaint to be withdrawn and dismissed the case with prejudice. The scheduled hearing was cancelled.

April 5, 1989 ·Roy J. Maurer ·FMSHRC
Settled
COMM

International Federation of Professional and Technical Engineers, Local No. 12 and U.S. Department of the Navy, Puget Sound Naval Shipyard

Puget Sound Naval Shipyard (FLRA 0-NG-1665): Negotiability petition filed after deadline

IFPTE Local 12 sought review of a nonnegotiability allegation from the Navy's Puget Sound Naval Shipyard. The allegation was dated February 2, 1989. Depending on how it was delivered, the filing deadline was February 21 or February 22. The union first mailed its petition to the Authority's San…

April 5, 1989 ·FLRA
Procedural
COMM

Consolidation Coal Company

Discrimination finding reversed and penalty vacated

Consolidation Coal Company denied miner Roger Lee Wayne, Sr. the opportunity to participate in a ventilation plan review meeting without losing pay. An Administrative Law Judge found discrimination, ordered reimbursement for lost pay, and assessed a $300 civil penalty. The Commission reversed that…

April 4, 1989 ·FMSHRC
Citations vacated
ALJ

Urralburu Mining Company

Two reporting citations affirmed with $40 penalty

Urralburu Mining Company began operating the Breezy Mine without first notifying MSHA of the planned start of operations and had not filed a legal identity report. Judge Michael A. Lasher found violations of 30 C.F.R. §§ 57.1000 and 41.20. Both violations were found non-serious, and the operator…

April 4, 1989 ·Michael A. Lasher ·FMSHRC
Citations affirmed
COMM

Frito-Lay, Inc.

One tripping-hazard item remains after citation withdrawal

OSHA cited Frito-Lay over flexible electrical cords used with portable conveyors. The Secretary withdrew Citation 1, which had alleged a willful electrical violation, and the Commission set aside the judge's rulings on that citation. The judge's disposition of Citation 2 became the final order. One…

April 3, 1989 ·OSHRC
Mixed result
ALJ

Consolidation Coal Company

Miners' representative access violation found with $200 penalty

Consolidation Coal Company restricted David P. Clarke, a miners' representative at the Ireland Mine, from accompanying MSHA inspectors at the River Portal because the company preferred a representative already working there. Judge Avram Weisberger found violations of the Mine Act's walkaround and…

March 31, 1989 ·Avram Weisberger ·FMSHRC
Other
COMM

Union Oil Company of California

Vanadium exposure violation affirmed without S&S finding

Union Oil Company of California operated the Parachute Creek underground oil shale mine. MSHA found that a welder's vanadium fume exposure exceeded the applicable limit during welding. The Commission agreed that the operator violated 30 C.F.R. §§ 57.5001 and 57.5005, but upheld the judge's decision…

March 31, 1989 ·FMSHRC
Citations affirmed
ALJ

Mettiki Coal Corporation

Citation vacated because no examination was performed

MSHA alleged that Mettiki Coal failed to record the result of a required daily hoisting-equipment inspection at the Mettiki Mine. Judge Gary Melick held that the cited recordkeeping standard requires a record only after an examination has been performed. Because no examination occurred on April 15…

March 30, 1989 ·Gary Melick ·FMSHRC
Citations vacated
ALJ

Arno Sand Company

Defective-brake citations affirmed with $60 penalty

Arno Sand Company operated the Highsmith Pit. MSHA cited the company after finding that a Clark 75 front-end loader was being used without adequate brakes and that the brake defect had not been recorded. Judge Gary Melick affirmed both violations, finding the brake violation significant and…

March 30, 1989 ·Gary Melick ·FMSHRC
Citations affirmed
ALJ

Tuscola Stone Company

Brake citations partly modified with $400 penalty

Tuscola Stone Company operated a limestone open-pit mine. MSHA cited two Euc haul-truck brake conditions, including service brakes that could not stop or hold the truck on steep haul roads and a hand brake that failed to stop the truck. Judge Gary Melick found the service-brake and hand-brake…

March 30, 1989 ·Gary Melick ·FMSHRC
Modified
ALJ

Big Elk Creek Coal Company, Inc.

Discrimination case dismissed after withdrawal

Arnold Sharp asked to withdraw his discrimination complaint against Big Elk Creek Coal Company. Judge George A. Koutras granted the request and dismissed the case. The order contains no ruling on the underlying discrimination allegations.

March 30, 1989 ·George A. Koutras ·FMSHRC
Procedural
COMM

Defense Industrial Plant Equipment Center, Memphis, Tennessee and American Federation of Government Employees and National Federation of Federal Employees, Local 259

Defense Industrial Plant Equipment Center (FLRA 4-DA-70002): Dues allotment unit case remanded

AFGE sought certification for dues allotment in a nationwide unit at the Defense Industrial Plant Equipment Center. A regional director dismissed the petition because it included headquarters employees in a smaller unit for which NFFE Local 259 already held dues allotment certification. The…

March 30, 1989 ·FLRA
Remanded
ALJ

Allendale Gravel Company

Settlement approved with a $30 penalty

MSHA alleged that Allendale Gravel Company did not maintain records showing that a competent person examined work areas each day. The parties agreed to settle the alleged violation, and the Secretary proposed reducing the penalty from $42 to $30. Judge George A. Koutras approved the settlement…

March 29, 1989 ·George A. Koutras ·FMSHRC
Settled
ALJ

Consolidation Coal Company

Two orders modified and one affirmed

The Secretary alleged three significant and substantial violations at Consolidation Coal Company's Osage No. 3 Mine, including two allegations of unwarrantable failure. Judge James A. Broderick modified the belt-guard and continuous-miner orders by removing the significant-and-substantial and…

March 27, 1989 ·James A. Broderick ·FMSHRC
Mixed result
ALJ

Peabody Coal Company

Discrimination complaint dismissed after withdrawal

Terry G. Miller asked to withdraw his discrimination complaint against Peabody Coal Company so the matter could be settled. Judge Avram Weisberger granted the request and dismissed the complaint. The order contains no ruling on the underlying discrimination allegations.

March 27, 1989 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Seven Day Concrete, Inc.

Settlement approved for $2,680

MSHA alleged 16 violations of mandatory safety standards at Seven Day Concrete's Ellinger Plant and proposed total penalties of $2,680. The company agreed to pay the full proposed amount and withdraw its contest. Judge George A. Koutras approved the settlement and allowed payment of $670…

March 27, 1989 ·George A. Koutras ·FMSHRC
Settled
COMM

Emery Mining Corporation

Commission proceedings stayed

The Secretary and Utah Power and Light jointly asked the Commission to stay briefing and further proceedings while related proceedings involving Emery Mining were pending before an ALJ. They said the related proceedings might resolve the need for Commission review in the present matter. The…

March 24, 1989 ·FMSHRC
Procedural
ALJ

Three Star Drilling & Production Corporation

Oil-recovery project held subject to Mine Act jurisdiction

Three Star Drilling was developing an underground shaft and oil collector rooms as part of an oil-recovery project at DAD Well No. 1 in Illinois. The company argued that the project was not a Mine Act mine because oil would not be pumped while workers were underground, and that its operations did…

March 24, 1989 ·Avram Weisberger ·FMSHRC
Procedural
ALJ

Amax Potash Corporation

Ground-control order affirmed with a $700 penalty

MSHA cited Amax Potash after inspectors found loose and unsupported roof in several areas of the company's underground potash mine. Judge Michael A. Lasher, Jr. found that the conditions created a hazard, were significant and substantial, and constituted an imminent danger because miners could be…

March 24, 1989 ·Michael A. Lasher, Jr. ·FMSHRC
Citations affirmed
COMM

General Dynamics Land Systems Division, Inc.

Freon confined-space case remanded for fact-finding

General Dynamics employees entered confined spaces where trichlorotrifluoroethane, known as freon, could cause poisoning or asphyxiation. An earlier decision vacated the general duty clause citation because an exposure-limit standard addressed the chemical. The D.C. Circuit held that the standard…

March 24, 1989 ·OSHRC
Remanded
COMM

Matter of Duran

Subpoena request failed without specific proof and diligent effort

The Board reviewed a Mexican respondent's appeal after an Immigration Judge denied relief from deportation and voluntary departure. The respondent sought a subpoena for records from an earlier exclusion hearing, but he did not show what the records would prove or make a diligent effort to obtain…

March 23, 1989 ·BIA
Other
ALJ

Sanger Rock & Sand

Seven mine-safety violations affirmed

Sanger Rock & Sand operated a sand and gravel mine in California. Judge August F. Cetti rejected the operator's argument that the mine was outside federal jurisdiction and found that the Mine Act applied because the operation affected interstate commerce. He affirmed seven citations involving…

March 22, 1989 ·August F. Cetti ·FMSHRC
Citations affirmed
COMM

Western Fuels-Utah, Inc.

): State-certified mine foreman exempt from Part 48 task training

Western Fuels-Utah operated the Deserado underground coal mine in Colorado. MSHA alleged that the company violated the Mine Act and 30 C.F.R. § 48.7 by allowing section foreman Carson Julius to operate a roof-bolting machine without task training. During the investigation, MSHA also identified a…

March 22, 1989 ·FMSHRC
Citations vacated
ALJ

Old Ben Coal Company

Citation and withdrawal order vacated

The Secretary of Labor sought a civil penalty against Old Ben Coal Company and the operator separately challenged the underlying citation and withdrawal order. The cases involved Mine No. 25 and were consolidated for hearing. After testimony and documentary evidence, the parties proposed a…

March 22, 1989 ·William Fauver ·FMSHRC
Settled
COMM

Lee Roy Westbrook Construction Company, Inc.

Shaft-opening citation affirmed with a $50 penalty

Westbrook employees pulled lumber through openings in an elevator shaft while exposed to a 13-foot fall onto a debris-covered concrete floor. The general contractor was contractually responsible for safety facilities, but Westbrook's employees had the carpentry skills and materials needed to cover…

March 22, 1989 ·OSHRC
Modified
COMM

Lee Roy Westbrook Construction Company

Floor-opening citation affirmed with a reduced penalty

Westbrook was a concrete-framing subcontractor whose employees used a ladder beside an uncovered elevator shaft opening. A fall through the opening would have been about 40 feet. Westbrook argued that the general contractor was contractually responsible for covering the opening, but the Commission…

March 22, 1989 ·OSHRC
Modified
ALJ

Wilmot Mining Company

Remand penalty reduced to $200

The Sixth Circuit reversed an earlier $2,000 penalty against Wilmot Mining Company for a rollover protective structure (ROPS) violation under 30 C.F.R. § 77.403a(a) and sent the penalty issue back for reconsideration. The Commission then remanded the matter to Judge William Fauver. Because the…

March 21, 1989 ·William Fauver ·FMSHRC
Modified
COMM

U.S. Department of the Army, Aberdeen Proving Ground and International Association of Machinists and Aerospace Workers, Local Lodge No. 2424

Aberdeen Proving Ground (FLRA 0-AR-1677): Exceptions postmarked one day late

Aberdeen Proving Ground filed exceptions to an arbitration award involving Machinists Local Lodge 2424. A postmarked envelope showed that the arbitrator mailed the award on December 6, 1988, two days after the date printed on it. The Authority used the mailing date to start the 30-day filing…

March 21, 1989 ·FLRA
Procedural

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.