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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National Federation of Federal Employees, Local 29 and U.S. Army Corps of Engineers, Kansas City District
Army Corps Kansas City and NFFE Local 29 (FLRA 0-NG-846, 0-NG-1146): Debt-collection proposals partly negotiable
NFFE Local 29 proposed procedures for collecting debts from Army Corps employees' pay under the Debt Collection Act. The Authority held that the proposal conflicted with law insofar as it addressed debts owed to other agencies. It found the purpose, notice, and hearing provisions negotiable for…
Department of the Navy, Finance Center and American Federation of Government Employees, Local 3283
Navy Finance Center and AFGE Local 3283 (FLRA 0-AR-1504): Temporary employee termination award upheld
The Navy Finance Center ended a temporary mail clerk's appointment after deciding to phase out its microfilming project. An arbitrator found that the decision was based on reduced work, not retaliation for a grievance the employee had filed. AFGE Local 3283 challenged the award, alleging bias…
Federal Aviation Administration, National Aviation Facilities Experimental Center and National Federation of Federal Employees, Local 1340
FAA experimental center and NFFE Local 1340 (FLRA 0-AR-1492): Attorney-fee denial remanded
An arbitrator vacated an FAA employee's three-day suspension and awarded back pay, then denied the union's attorney-fee request. He reasoned that the agency had reason to bring the charges and could not have known it would lose. The Authority held that this was the wrong test for whether fees were…
Social Security Administration and American Federation of Government Employees, Local 1336
Social Security Administration and AFGE Local 1336 (FLRA 0-AR-1484): Suspension award remanded for just-cause review
SSA suspended an employee for five days after disputes over his leave requests and absences. An arbitrator overturned the suspension solely because SSA had skipped a written reprimand in a progressive discipline sequence. The Authority held that requiring every step without exception improperly…
United States Information Agency and American Federation of Government Employees, Local 1812
USIA and AFGE Local 1812 (FLRA 0-AR-1481): Temporary-assignment grievance may proceed
The United States Information Agency barred an employee from a temporary assignment as an exhibit guide in the Soviet Union. An arbitrator decided only that the employee could pursue a grievance over the decision. The Authority held that the ruling was final as to the sole issue submitted to the…
Westrick Coal Co.
Default order vacated and proceeding remanded
Westrick Coal Company failed to timely respond to an administrative law judge's pre-hearing order in a civil penalty proceeding. The ALJ issued a show-cause order, then entered default, dismissed the proceeding, and ordered payment of the assessed penalty after Westrick's mailed response had not…
Veterans Administration Medical and Regional Office Center, Wilmington, Delaware and Laborers' International Union of North America, Federal Local 1154
Wilmington VA center and Laborers Local 1154 (FLRA O-AR-1483): Cook promotion and back-pay award set aside
An arbitrator found that sex discrimination contributed at least in part to a VA center's decision to promote a male employee rather than a female employee to a cook position. He ordered the center to promote her and pay the difference in wages. The Authority held that the arbitrator had not found…
National Council Bureau of Indian Affairs Educators and Department of the Interior, Bureau of Indian Affairs, Navajo Area
BIA Navajo Area and educators council (FLRA 0-AR-1505): Attorney-fee award set aside
The Bureau of Indian Affairs contracted with a local school board to run Tuba City High School, leading to a reduction in force of agency employees. An arbitrator rejected the union's request to end the contract and award back pay, but awarded half its attorney fees based on the agency's treatment…
Woods Creek Coal Corporation
Discrimination proceeding dismissed after settlement
James Bowling brought a discrimination proceeding against Woods Creek Coal Corporation. The parties filed a settlement dated July 8, 1988, under which Bowling agreed to settle all claims in exchange for consideration. Judge Avram Weisberger dismissed the proceeding as moot and ordered the parties…
Secretary of Labor o/b/o Beavers v. Kitt Energy Corporation
Discrimination finding and remedies vacated
The Secretary brought a discrimination complaint for Ronnie D. Beavers and 25 other miners after Kitt Energy laid off surface miners who lacked the underground training needed for remaining jobs. The ALJ had found discrimination and awarded a civil penalty, back pay, and attorney fees. The…
Benjamin Coal Company
Discrimination proceeding withdrawn after settlement
Joseph M. Mazenko and Benjamin Coal Company reached an agreed settlement of the underlying discrimination matter. Judge Gary Melick treated the parties' notice as a request to withdraw the complaint and granted permission to withdraw it. The case was dismissed, and the hearings scheduled for July…
Benjamin Coal Company
Discrimination proceeding withdrawn after settlement
Terry Miller brought a discrimination complaint against Benjamin Coal Company at the Benjamin No. 1 Strip. Miller requested permission to withdraw the complaint because the underlying issue had been settled. Judge Gary Melick granted the request, dismissed the case, and canceled the scheduled…
Department of the Army, Reserve Personnel Center, St. Louis, Missouri and American Federation of Government Employees, Local 900
Army Reserve Personnel Center and AFGE Local 900 (FLRA 57-CA-70350): Supervisor's question did not coerce employees
A union vice president visited an employee at the Army Reserve Personnel Center after receiving permission to speak with her. The center's commander loudly asked whether he had permission to be there, and left after the representative said yes. The General Counsel and union argued that the question…
Veterans Administration Medical Center, Milwaukee, Wisconsin and Veterans Administration Staff Nurses Council, Local 5032
Milwaukee VA Medical Center and nurses council (FLRA 5-CA-70119): Employee-address disclosure ordered
The Veterans Administration Medical Center in Milwaukee refused the nurses council's request for the names and home addresses of employees in its bargaining unit. An administrative law judge found an unfair labor practice and recommended a disclosure order. The Authority adopted that finding and…
Department of the Navy, Naval Plant Representative Office, Sikorsky Aircraft and National Association of Government Employees, Local R1-143
Navy Sikorsky office and NAGE Local R1-143 (FLRA 1-CA-70355): Employee-address disclosure ordered
The Navy office at Sikorsky Aircraft refused to give NAGE Local R1-143 the names and current home addresses of unit employees. An administrative law judge found an unfair labor practice and recommended disclosure. The Navy urged the Authority to limit disclosure to employees who had not requested…
Bremerton Metal Trades Council and Naval Supply Center Puget Sound
Puget Sound Naval Supply Center and metal trades council (FLRA 0-NG-1485): One of eight contract provisions negotiable
The Navy disapproved eight provisions of its negotiated agreement with the Bremerton Metal Trades Council. The provisions addressed work schedules, limited duty, selection panels, discipline, reassignments, training, and probationary employees' grievances. The Authority held that seven provisions…
U.S. Small Business Administration and American Federation of Government Employees, Council 228, Local 2532
Small Business Administration and AFGE Local 2532 (FLRA 0-AR-1557): Agency appeal dismissed as premature
An arbitrator partly overturned a Small Business Administration employee's reprimand and restored four hours of official time, while upholding another part of the reprimand. He reserved a possible Back Pay Act remedy for later decision. SBA appealed before the arbitrator resolved that remaining…
Naval Supply Center, Charleston, South Carolina and American Federation of Government Employees, Local 2510
Charleston Naval Supply Center and AFGE Local 2510 (FLRA 0-AR-1554): Light-duty grievance award upheld
A Naval Supply Center clerk returned from surgery with temporary limits on lifting and other physical tasks. When warehouse work resumed, the center found no light-duty assignment and placed her on leave without pay. An arbitrator held that the labor agreement allowed, but did not require…
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 0-AR-1498): Reconsideration request dismissed as late
AFGE Local 916 asked the Authority to reconsider a May 25, 1988 decision involving Tinker Air Force Base. The applicable rule allowed ten days after service to move for reconsideration, plus five days because service was by mail. The Authority calculated a June 13 filing deadline. The union filed…
J.S. Redpath Corporation
Eye-protection citation vacated
J.S. Redpath Corporation was a mining subcontractor whose employees were doing underground development work at a mine in Arizona. MSHA alleged that employees violated the eye-protection standard by drilling and beginning rock bolting without safety glasses. Judge John J. Morris credited a witness…
Kaiser Coal Corporation of Sunnyside
Rib-testing violation affirmed
Kaiser Coal Corporation operated the Sunnyside No. 1 Mine. A service representative died after a section of rib fell while he was inspecting a malfunctioning stage loader, and the Commission considered whether Kaiser had complied with the rib-testing requirement in 30 C.F.R. § 75.205. The…
Jim Walter Resources, Inc.
Drug-testing discrimination found, remedies reserved
Jim Walter Resources operated underground coal mines in Alabama and required safety committee members to undergo random drug testing. Judge James A. Broderick found that the company's program was facially discriminatory because it singled out elected safety committee members and that Michael L…
Philadelphia Naval Shipyard and Philadelphia Metal Trades Council
Philadelphia Naval Shipyard and metal trades council (FLRA 0-AR-1525): Attorney-fee request returned to arbitrator
An arbitrator reduced a shipyard employee's suspension from ten days to three days and awarded back pay. The union requested attorney fees shortly afterward, but the arbitrator said he no longer had jurisdiction. The Authority held that the Back Pay Act allowed an arbitrator to consider a fee…
Marine Corps Logistics Base, Barstow, California and American Federation of Government Employees, Local 1482
Barstow Marine Corps base and AFGE Local 1482 (FLRA 0-AR-1452): Overtime award remanded after exemption-date error
The Authority had upheld overtime for a Barstow Marine Corps base employee based on the agency's statement that his position was not exempt from the Fair Labor Standards Act until November 1986. The agency later said that date was wrong and that the exemption began in November 1985. Because the…
Rivco Dredging Corporation
Untimely contests dismissed
Rivco Dredging Corporation sought to contest two citations issued on September 17, 1987. The company did not notify the Secretary of Labor or the Commission of its intent to contest until after the 30-day statutory deadline. Judge Roy J. Maurer held that the late filings deprived the Commission of…
Robert Trujillo (Kaiser Coal Company)
Discrimination proceeding dismissed
Nickie D. Ortega filed a discrimination proceeding against Robert Trujillo of Kaiser Coal Company. Ortega later notified the Commission that he no longer wished to proceed with the case. Acting Chief Administrative Law Judge James A. Broderick dismissed the proceeding.
U.S. Department of Labor, Operation and Maintenance Service, Inc. (Keystone Job Corps Center), and Teamsters Local 401
Keystone Job Corps Center and Teamsters Local 401 (FLRA 2-RO-80001): Contractor-worker representation review denied
Teamsters Local 401 sought to represent staff at the Keystone Job Corps Center, operated by a private contractor under a Department of Labor contract. The Regional Director dismissed the petition because the workers were hired and supervised by the contractor, had not been appointed to federal…
National Association of Government Employees, Locals R4-26 and R4-106 and Department of the Air Force, Langley Air Force Base
Langley Air Force Base and NAGE locals (FLRA 0-NG-1506): Cash performance-award proposals negotiable
NAGE locals proposed cash awards tied to employees' performance ratings at Langley Air Force Base. The Air Force argued that required awards would distort ratings and prevent budget review under government-wide rules. The Authority held that the proposals operated after performance ratings were set…
American Federation of Government Employees, Local 2663 and Veterans Administration Medical Center, Kansas City, Missouri
Kansas City VA center and AFGE Local 2663 (FLRA 0-NG-1477): Training-proposal reconsideration denied
The Kansas City VA center required employees who worked with disturbed patients to complete a behavior-management workshop. The Authority had held that two union proposals about assignments and repeat training interfered with management rights. AFGE Local 2663 asked for reconsideration, arguing…
Buffalo Veterans Administration Medical Center and New York State Nurses Association
Buffalo VA center and nurses association (FLRA 0-AR-1493): Nurse reassignment award set aside
The Buffalo VA medical center reassigned a nurse from its emergency room after a loud exchange with a coworker. An arbitrator treated the move as a second disciplinary penalty and ordered her return to the emergency room. The Authority held that the order directly interfered with management's right…
National Weather Service Employees Organization and Department of Commerce, National Weather Service
National Weather Service and employees organization (FLRA 0-AR-1474): Ratification-waiver award upheld
An arbitrator found that the National Weather Service Employees Organization had waived its right to submit a negotiated agreement to its members for ratification. He also directed the union and agency to begin negotiating a replacement grievance procedure promptly. The union argued that the…
National Treasury Employees Union, Chapters 213 and 228 and U.S. Department of Energy
Department of Energy and NTEU chapters (FLRA O-NG-1496): Contract provisions partly negotiable
The Department of Energy disapproved five provisions of a locally negotiated agreement with NTEU chapters. The Authority found the within-grade increase provisions negotiable because they restated governing law and regulations. It also found negotiable a sentence requiring compliance with law when…
Matter of Diaz-Chambrot
Retroactive residence date supported section 212(c) review
The Board reviewed a Cuban respondent's appeal after an immigration judge found him deportable for a marijuana trafficking conviction and denied several forms of relief. It agreed that the conviction made him ineligible for suspension of deportation and voluntary departure, and it did not reach his…
American Federation of Government Employees and Army and Air Force Exchange Service, Dallas, Texas
Army and Air Force Exchange Service and AFGE (FLRA 0-NG-1493): Mechanics' commission-rate proposal rejected
The Army and Air Force Exchange Service planned to reduce automotive mechanics' commission rate at two Texas installations from 60 percent to 40 percent. AFGE proposed retaining the higher rate. The Authority found the proposal outside the duty to bargain, with its two members reaching that result…
U.S. Patent and Trademark Office and Patent Office Professional Association
Patent and Trademark Office and professional association (FLRA 0-AR-1480): Office-space appeal dismissed as premature
Patent examiners and other professionals grieved the Patent and Trademark Office's compliance with office-space agreements. An arbitrator issued an interim ruling on the regulations and evidence he would consider, then requested more submissions before deciding the dispute. The agency appealed the…
Westrick Coal Company
Default decision vacated and remanded
Westrick Coal Company requested a hearing to contest an alleged violation but did not respond to the administrative law judge's pre-hearing and show-cause orders. The judge entered a default decision, and Westrick petitioned for discretionary review. The Commission majority vacated the default…
Headquarters, 97th U.S. Army Reserve Command, NAGE Local R3-112, and AFGE Locals 1900, 2375, 2739, and 3742
97th Army Reserve Command and competing unions (FLRA 3-CU-70013): Aviation staff placed in NAGE unit
An Army Reserve reorganization placed aviation support facilities under the 97th Command, transferring 106 employees from commands whose units AFGE locals represented. A Regional Director found that the employees had become integrated with the 97th Command's existing NAGE unit and should be…
National Labor Relations Board Professional Association and General Counsel, National Labor Relations Board
NLRB General Counsel and professional association (FLRA 0-NG-1499): Supervisor-reassignment request procedure negotiable
The NLRB General Counsel changed how its appellate attorneys were assigned to first-line supervisors. The union proposed a process allowing attorneys to request a different supervisor after six months and requiring management to consider the request and give reasons if it declined. The Authority…
F & E Erection Company, Inc.
Settlement approved and $3,000 assessed
F & E Erection Company faced a civil penalty proceeding involving the Dallas Quarry & Plant. The parties jointly proposed reducing the penalties from $8,000 to $3,000 and later presented evidence supporting the settlement at a hearing. Judge Avram Weisberger found the settlement appropriate under…
Mid-Continent Resources, Inc.
Penalty withdrawn and case dismissed
Mid-Continent Resources was cited after a miners' representative was allegedly denied the opportunity to accompany an MSHA inspector at the Dutch Creek No. 1 Mine. The Secretary later moved to withdraw the civil penalty proposal after determining that the miners' representative designation was…
Rochester and Pittsburgh Coal Co.
Discrimination proceeding dismissed
Dwight Baum asked to withdraw his request for a hearing in a discrimination proceeding against Rochester and Pittsburgh Coal Company. Judge Avram Weisberger granted the motion and dismissed the case. The respondent's motion for summary decision was therefore declared moot.
Bureau of Engraving and Printing and International Association of Machinists and Aerospace Workers
Bureau of Engraving and Printing and machinists lodges (FLRA 3-CA-80059, 3-CA-80060): Employee-address disclosure ordered
Two machinists lodges asked the Bureau of Engraving and Printing for the names and home addresses of employees in their bargaining units. The Bureau refused both requests. On stipulated facts, the Authority held that the information met the statutory disclosure requirements and that refusing it…
Consolidation Coal Company
Partial settlement approved and injury-report citation vacated
Consolidation Coal Company faced six alleged violations involving injury reporting at the Shoemaker Mine. Five citations were settled for $170 each, and Judge Paul Merlin approved those settlements after considering the Mine Act's penalty criteria. The judge found that the evidence did not…
Western Fuels-Utah, Inc.
Withdrawal order and two citations affirmed, one citation vacated
Western Fuels-Utah contested a withdrawal order and three citations arising from a nonfatal powered-haulage accident at the Deserado Mine. Two workers were seriously injured when a raised dump-truck bed struck an overpass, and one worker's lower left leg had to be amputated at the scene. Judge…
Western Fuels-Utah, Inc.
Withdrawal order and two citations affirmed, one citation vacated
Western Fuels-Utah contested a withdrawal order and three citations arising from a nonfatal powered-haulage accident at the Deserado Mine. Two workers were seriously injured when a raised dump-truck bed struck an overpass, and one worker's lower left leg had to be amputated at the scene. Judge…
Social Security Administration, Dallas Region, McAllen and El Paso District Offices, and AFGE field operations locals
SSA Dallas Region and AFGE field locals (FLRA 6-CA-1055 and related cases): Back-pay remedy added on remand
SSA's Dallas Region directed its McAllen and El Paso offices to implement employee performance accountability plans without bargaining over their impact and implementation. The Authority had found a bargaining violation, and a court returned the case for consideration of individual relief. The…
American Federation of Government Employees, Local 3006 and Idaho Army and Air National Guard
Idaho National Guard and AFGE Local 3006 (FLRA 0-NG-1504): Uniform patches and union badges rejected
AFGE Local 3006 proposed civilian-identification patches and caps for National Guard technicians, plus badges identifying union officials. The Guard argued that these additions would alter the military uniform technicians wore while performing their jobs. The Authority found the prescribed uniform…
National Treasury Employees Union and Department of the Treasury, Internal Revenue Service
IRS and NTEU (FLRA 0-NG-1500): Union instructor-contract proposals rejected
The IRS selected all nine qualified employees who applied to teach a revenue officer course, then planned to obtain more instructors through outside contracts. NTEU proposed that it be given time to supply qualified instructors under a contract with the IRS and negotiate a service fee. The…
Bureau of Engraving and Printing and International Association of Machinists, Franklin Lodge 2135
Bureau of Engraving and Printing and machinists lodge (FLRA 0-AR-1471): Overtime award set aside
Four machinists at the Bureau of Engraving and Printing claimed that overtime should have gone to them under a rotation roster. An arbitrator agreed and awarded relief under the negotiated overtime procedure. The Authority held that the arbitrator had rejected management's determination that…
Quinland Coals, Inc.
Unwarrantable-failure finding affirmed and penalty corrected
Quinland Coals operated an underground coal mine where an inspector found a large roof fall, broken support posts, roof cracks, and a crushed seal. The Commission held that the mine violated the mandatory roof and rib control standard and that the violation resulted from the operator's…
Professional Airways Systems Specialists and Federal Aviation Administration
FAA and Professional Airways Systems Specialists (FLRA 0-NG-1456): Negotiability case stays suspended
The FAA asked the Authority to reopen a negotiability appeal and pause related unfair labor practice cases involving union proposals. A Supreme Court ruling meant that claims of compelling need for agency regulations had to be decided through the statutory negotiability procedure. The Authority…
San Antonio Air Logistics Center, Kelly Air Force Base and American Federation of Government Employees, Local 1617
Kelly Air Force Base and AFGE Local 1617 (FLRA 0-AR-1466): Reprimands and back-pay forfeiture upheld
Kelly Air Force Base suspended an employee for three days over an absence and tool-control violations. An arbitrator found the suspension too severe, but ordered two reprimands and forfeiture of back pay for the suspended days. AFGE Local 1617 argued that the two reprimands and the denial of back…
FMC Wyoming Corporation
Asbestos-survey citation affirmed and other orders vacated
FMC Wyoming operated a trona mining and processing facility near Green River, Wyoming. During maintenance work removing asbestos-type insulation from a turbine, the company did not conduct exposure surveys before the work began. Judge August F. Cetti affirmed the modified citation for failing to…
Department of Defense Dependents Schools and American Federation of Teachers
Defense Dependents Schools and AFT (FLRA 3-NCR-80001): National consultation petition denied
The American Federation of Teachers sought national consultation rights based on its representation of employees in two Defense Dependents Schools regions. A Regional Director found that AFT represented 1,282 of 16,320 civilian personnel, below the regulatory threshold of ten percent or 3,500…
Federal Emergency Management Agency and National Federation of Federal Employees, Local 1983
FEMA and NFFE Local 1983 (FLRA 3-CA-70640): Bargaining complaint dismissed over compelling-need forum
NFFE Local 1983 proposed bargaining over performance-award percentages at a FEMA training center. FEMA refused, asserting that the proposal conflicted with an agency performance-management regulation for which it claimed a compelling need. The Authority held that the statutory negotiability process…
U.S. Department of the Treasury, United States Mint and American Federation of Government Employees
United States Mint and AFGE (FLRA 3-AC-70001): Temporary-employee unit ruling stands
AFGE asked to amend the Mint unit description to exclude temporary employees appointed for up to 700 hours with no reasonable expectation of reappointment. A Regional Director approved that clarification and found other temporary employees could remain in the unit. The Mint argued that all…
M.A.E. West, Incorporated
Electrical safety settlements approved after fatal-accident investigation
M.A.E. West operated a bituminous coal preparation plant in West Virginia. After a fatal-accident investigation, MSHA issued four electrical-safety citations and two imminent-danger orders involving damaged wiring, lockout practices, and circuit breakers. Judge George A. Koutras approved the…
Beth Energy Mines, Inc.
Escapeway citations partly affirmed and one vacated
Beth Energy Mines operated the Cambria Slope No. 33 Mine. The case involved five alleged violations concerning escapeway conditions, roof support, and pressure separation. Judge Gary Melick approved a settlement reducing one order's penalty from $850 to $650, vacated Citation No. 2691158, and…
Matter of Grijalva
Waiver denied without proof of 30 grams or less of marihuana
The Board reviewed a Mexican lawful permanent resident's request for a waiver of deportation after his conviction for possessing marihuana in Arizona. The Board held that he bore the burden of proving that the conviction involved 30 grams or less of marihuana, an eligibility requirement for the…
Patch Coal Company
Training orders modified to citations with $375 in penalties
Patch Coal Company operated the Welch Mine and was cited after five newly employed experienced miners had not received required training. Judge George A. Koutras found that the training violations were serious but not significant and substantial, and that the company's negligence was moderate. The…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.