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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
National Treasury Employees Union and Internal Revenue Service, Los Angeles District
NTEU and IRS Los Angeles District (FLRA 0-NG-1482): Workplace smoking-area terms negotiable
NTEU proposed dividing the IRS Los Angeles District workplace into smoking and nonsmoking areas, with air purifiers and partitions. The Authority found Sections B through E negotiable because the IRS had not shown a conflict with the cited smoking regulation or with management's rights over work…
American Federation of Government Employees, Local 85 and Veterans Administration Medical Center, Leavenworth, Kansas
Leavenworth VA Medical Center and AFGE Local 85 (FLRA 0-NG-1481): Reassignment proposals dismissed
The Leavenworth VA Medical Center reassigned three employees after workplace conflicts and a voluntary transfer request. AFGE Local 85 challenged twelve proposals about the reassignments. The Authority found several proposals moot because the moves had occurred or the parties had agreed to them. It…
International Association of Machinists and Aerospace Workers, Local Lodge 2424 and U.S. Army Aberdeen Proving Ground
Aberdeen Proving Ground and Machinists Local 2424 (FLRA 0-NG-1476): Conditional shorts proposal negotiable
Aberdeen Proving Ground required long pants in industrial, range, and laboratory areas for safety. The Machinists union proposed allowing shorts only where nonhazardous materials were used and no health or safety risk resulted. The Army argued that the proposal interfered with its rights to assign…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 476
HUD and AFGE Local 476 (FLRA 0-AR-1482): Satisfactory appraisal upheld
A HUD employee challenged a satisfactory annual rating and sought an outstanding rating for his correspondence work. An arbitrator found that the standard required both a high rate of satisfactory work and correspondence reflecting the signer’s style and preferences. He found no unlawful animus and…
Consolidation Coal Company
Citation-vacation dismissal affirmed
The Secretary's civil penalty petition and Consolidation Coal Company's related contest concerned an enforcement document that MSHA had vacated. At the hearing, the Solicitor moved to withdraw the penalty petition and dismiss the contest. Judge Paul Merlin granted the motion, affirmed the dismissal…
Rivco Dredging Corporation
Penalty contest remanded
Rivco Dredging contested citations and orders but did not separately notify the Secretary that it intended to contest the proposed civil penalties. An ALJ dismissed the contest, and Rivco sought discretionary Commission review, explaining that it had misunderstood the separate penalty-contest…
Cen-Tex Ready Mix Concrete Company, Incorporated
Settlement approved and penalty reduced
Cen-Tex Ready Mix Concrete Company faced two civil penalty proceedings concerning its Lampasas Quarry. The Secretary of Labor proposed reducing the combined penalty from $10,957 to $6,957 through a settlement. Judge Gary Melick rejected the company's claim that an independent contractor was…
Bureau of Indian Affairs and National Council of Bureau of Indian Affairs Educators
Bureau of Indian Affairs educator cases (FLRA 6-AC-70005): Late reconsideration motion dismissed
The Department of the Interior asked the Authority to expand an earlier order that had returned consolidated Bureau of Indian Affairs educator cases to a Regional Director. The Authority treated the request as a motion for reconsideration. The earlier order was served on April 22, 1988, and the…
Darmac Associates Corp.
Discrimination complaint dismissed after settlement
Kenneth J. Pedersen filed a discrimination complaint against Darmac Associates Corp. The company moved to dismiss, stating that the claims had been resolved through a settlement in a related National Labor Relations Board proceeding and that Pedersen consented to dismissal. Pedersen then filed a…
American Federation of Government Employees, Local 2924 and Davis-Monthan Air Force Base
Davis-Monthan Air Force Base and AFGE Local 2924 (FLRA O-AR-1477): Nurse trainee award set aside
A licensed practical nurse at Davis-Monthan Air Force Base sought a Nurse Trainee opportunity after receiving state nurse registration. An arbitrator found that the base had breached its labor agreement by failing to restructure a registered nurse position for her and ordered that position created…
American Federation of Government Employees, General Committee and Department of Health and Human Services, Social Security Administration
AFGE General Committee and Social Security Administration (FLRA 0-AR-1518): Arbitration hearing stay denied
AFGE challenged Arbitrator Charles J. Morris's refusal to postpone an arbitration hearing while a jurisdiction issue involving another arbitrator was resolved. The Social Security Administration opposed the request, arguing that it was premature and unrelated to that other case. The Authority said…
American Federation of Government Employees, General Committee and Department of Health and Human Services, Social Security Administration
AFGE General Committee and Social Security Administration (FLRA 0-AR-1515): Arbitration hearing stay denied
AFGE sought to stop an arbitration hearing while an issue concerning another arbitrator's jurisdiction was resolved in a separate Social Security Administration case. The agency opposed the stay, arguing that the request was premature and unrelated to the other case. The Authority said it…
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): Absence and discipline awards stand
Four Tinker Air Force Base employees challenged absence without leave charges and discipline arising from their failure to return promptly after a break. An arbitrator reduced each employee's charged absence by five minutes in one award, then upheld three one-day suspensions and one written…
American Federation of Government Employees, Local 1786 and Marine Corps Development and Education Command, Civilian Personnel Division
Marine Corps Development Command and AFGE Local 1786 (FLRA 0-AR-1485): Training program removal upheld
A Marine Corps employee entered an upward mobility program leading to an Electrician's Helper position. He did not complete one required correspondence course and was returned to his former position without losing pay. An arbitrator found that the course requirement was reasonable under the…
Department of Transportation, Federal Aviation Administration and Professional Airways Systems Specialists, MEBA
FAA and Professional Airways Systems Specialists (FLRA 3-CA-70647-1): Early appeal denied
The FAA sought immediate review after an administrative law judge refused to dismiss or narrow unfair labor practice complaints. It cited a Supreme Court ruling that compelling need for agency regulations must be decided through a specific negotiability procedure. The Authority found no…
H. B. Zachry Company
Motion for summary decision denied
H. B. Zachry Company performed repair work at Texas Utilities Mining Company's Martin Lake Strip Mine after a fatal accident. Zachry argued that it was not subject to the Mine Act because it lacked a continuing presence at a mine, was not an independent contractor within the Act's scope, and…
Emery Mining Corporation And/Or Utah Power & Light Company
Wilberg Mine Fire report excluded
Emery Mining Corporation and Utah Power & Light Company asked the judge to exclude the Secretary's report about the 1984 Wilberg Mine Fire from evidence in related contest and civil penalty proceedings. The judge found that the report contained factual and legal conclusions without an adequate…
Matter of Sandoz Crop Protection Corporation
Specialized knowledge standard applied
The Commissioner dismissed a company's appeal after it sought to classify a marketing manager as an intra-company transferee with specialized knowledge. The company manufactured and sold crop protection chemicals and argued that the beneficiary's experience marketing a patented herbicide in Canada…
National Association of Government Employees, Local R14-52 and Department of the Army, Red River Army Depot
Red River Army Depot and NAGE Local R14-52 (FLRA 0-NG-1552): Smoking provision appeal dismissed
The Army disapproved a negotiated provision concerning smoking in government vehicles when no nonsmoker was present. NAGE Local R14-52 petitioned the Authority to decide whether that provision was negotiable. The Army then withdrew its allegation that the provision was outside the duty to bargain…
Department of the Navy, Naval Supply Center, Charleston, South Carolina and Federal Employees Metal Trades Council of Charleston
Charleston Naval Supply Center and Metal Trades Council (FLRA 4-CA-70318): Employee addresses ordered furnished
The Federal Employees Metal Trades Council of Charleston requested names and home addresses for employees it represented at the Naval Supply Center. The center refused. An administrative law judge found that the refusal was an unfair labor practice and recommended disclosure and a notice to…
Pension Benefit Guaranty Corporation and National Treasury Employees Union, Chapter 211
Pension Benefit Guaranty Corporation and NTEU Chapter 211 (FLRA 0-AR-1465): Official-time records award upheld
The Pension Benefit Guaranty Corporation grieved the union's handling of records showing official time used by union representatives. An arbitrator found that the agency could review, copy, and take notes on the records, while the union could remove employee names and other identifying details…
FMC Wyoming Corporation
Discrimination proceeding dismissed
Mary M. Ball asked to dismiss her discrimination proceeding against FMC Wyoming Corporation, the Secretary of Labor, and an MSHA district manager. Her motion followed a letter stating that MSHA would advise district managers to confirm that state agencies would keep miner complainants' names…
Arch of Kentucky, Inc.
Discrimination settlement approved
Harry Thomas brought a discrimination complaint against Arch of Kentucky under section 105(c) of the Mine Act. The parties submitted a settlement agreement and asked the judge to dismiss the case. Judge William Fauver found the settlement consistent with the statute's purposes. He approved the…
Patton Rock Products
Discrimination settlement approved
Patton Rock Products settled a discrimination complaint filed on behalf of William Lee Cook, who alleged that he was discharged after complaining about bad brakes on a front-end loader and refusing to operate it without brakes. The settlement required $756.35 in back pay and interest, permanent…
Westrick Coal Company
Default order later vacated on review
Westrick Coal Company failed to respond to a show-cause order in a civil penalty proceeding. Judge Avram Weisberger entered default, ordered Westrick to pay the assessed $482 penalty, and canceled the scheduled hearing. The Commission later vacated that default order and remanded the matter so the…
Charolais Corporation, E. R. Mining, Inc., D.B.A. as E. R. Trucking Co.
Party dismissed from discrimination case
Charles H. Sisk asked to amend his discrimination complaint by removing Charolais Corporation as a party respondent. No party objected to the request. Judge Gary Melick granted permission to amend the complaint under 29 C.F.R. § 2700.11 and dismissed Charolais Corporation from the case. The release…
Federal Employees Metal Trades Union Council of Charleston and Department of the Navy, Charleston Naval Shipyard
Metal Trades Union Council and Charleston Naval Shipyard (FLRA 0-NG-1459): Three profit sharing proposals are negotiable
The Charleston Naval Shipyard planned to share profits from two submarine overhauls with participating employees. The union proposed a different allocation of those profits and prorated eligibility for employees who retired before the end of a project guarantee period. The Navy argued that the…
Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, El Reno, Oklahoma and American Federation of Government Employees, Council of Prison Locals, Local 171
El Reno federal prison and AFGE Local 171 (FLRA 0-AR-1517): Seven-day suspension upheld
Two El Reno correctional officers were suspended for inattention to duty after an inmate escaped. An arbitrator overturned one officer's three-day suspension and awarded backpay, but upheld the other officer's seven-day suspension. The union challenged only the seven-day ruling, arguing that the…
Army and Air Force Exchange Service, Fort Hood, Texas and American Federation of Government Employees, Local 1920
Fort Hood Exchange Service and AFGE Local 1920 (FLRA 0-AR-1488): Union's contract violation upheld
The Fort Hood Exchange Service grieved the union's decision to contact headquarters about a local health and safety issue, alleging a violation of the parties' 1981 agreement. An arbitrator found a breach and issued a declaration to that effect. The union challenged the award, arguing that the…
U.S. Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Fort Worth, Texas and American Federation of Government Employees, Council of Prison Locals, Local 1298
Fort Worth federal prison and AFGE Local 1298 (FLRA 0-AR-1448): $250 award increase struck
An arbitrator found that a Fort Worth prison employee's performance evaluation violated the labor agreement. He ordered the prison to add $250 to the employee's $500 performance award, matching the supervisor's original recommendation of $750. The Authority held that the arbitrator had addressed an…
Veterans Administration Medical Center, Jackson, Mississippi and National Federation of Federal Employees, Local 589
Jackson VA Medical Center and NFFE Local 589 (FLRA 0-AR-1447): Employee statistics ordered disclosed
NFFE Local 589 requested employee position, grade, service, race, and sex information from the Jackson VA Medical Center to examine possible discrimination and decide whether to file a grievance. An arbitrator ordered the center to provide the information without employee names. The VA argued that…
Tidewater Virginia Federal Employees Metal Trades Council and Norfolk Naval Shipyard
Metal Trades Council and Norfolk Naval Shipyard (FLRA 0-NG-1311): Reconsideration of weekend overtime ruling denied
The Norfolk Naval Shipyard asked the Authority to reconsider a ruling that two provisions on weekend overtime scheduling were negotiable. The shipyard argued that the Authority had relied on a procedural ground the parties had not briefed and had jeopardized judicial review. The Authority found no…
Association of Civilian Technicians and Division of Military and Naval Affairs, State of New York
Civilian Technicians and New York Military and Naval Affairs (FLRA 0-NG-1548): Late negotiability petition dismissed
The Association of Civilian Technicians challenged a New York military agency's allegation that certain proposals were outside its duty to bargain. The agency delivered the allegation to the union on April 11, 1988, starting a 15-day filing period. The union mailed its petition to an Authority…
Department of the Air Force, Davis-Monthan Air Force Base and American Federation of Government Employees, Local 2924
Davis-Monthan Air Force Base and AFGE Local 2924 (FLRA 8-CA-80095): Refusal to provide employee addresses violated labor law
AFGE Local 2924 asked Davis-Monthan Air Force Base for the names and home addresses of employees in its bargaining units. The base provided names and other employment information but withheld addresses, citing privacy and arguing that the information was not reasonably available or necessary. The…
National Treasury Employees Union, Chapter 237 and U.S. Department of Agriculture, Food and Nutrition Service, Midwest Region
NTEU Chapter 237 and USDA Food and Nutrition Service (FLRA 0-NG-1470): Two contract provisions negotiable
The Food and Nutrition Service disapproved four provisions of a locally negotiated agreement. The Authority found that the disputed part of Provision 1 would restrict management's use of performance standards, and that the disputed part of Provision 7 conflicted with management's right to take…
Bremerton Metal Trades Council and Puget Sound Naval Shipyard
Puget Sound Shipyard workweek transition (FLRA 0-AR-1464): Union exceptions denied
The Puget Sound Naval Shipyard changed a shop employee from a standard workweek to a rotating nonstandard schedule. The employee had only one regularly scheduled day off between the two schedules, and the union grieved. The arbitrator found that federal scheduling rules required consecutive days…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration and AFGE (FLRA 0-AR-1451): Furlough notice award receives split review
The Social Security Administration furloughed employees during a lapse in appropriations without giving the 30 days of advance notice required by its labor agreement. An arbitrator found a contract violation, and the agency challenged that ruling. The Authority held that it lacked jurisdiction over…
U.S. Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, National Border Patrol Council
INS and Border Patrol Council (FLRA 0-AR-1444): Authority corrects quoted contract language
The Border Patrol Council told the Authority that its earlier decision had quoted an arbitrator's explanation of a contract provision instead of the provision itself. The Justice Department did not oppose the request. The Authority agreed and issued a corrected copy of its earlier decision. The…
Internal Revenue Service and National Treasury Employees Union
IRS and NTEU (FLRA 3-CA-80006): Refusal to bargain over union travel expenses violated labor law
The National Treasury Employees Union proposed that the IRS pay travel and per diem expenses for employee representatives taking part in bargaining over a new post of duty. The IRS declared the proposal nonnegotiable, although it acknowledged that the Authority had already found a substantially…
Social Security Administration Field Operations, New York Region and American Federation of Government Employees
Social Security Field Operations and AFGE (FLRA 2-CA-40303): Settlement withdrawal question returned to judge
A Regional Director sought to withdraw consolidated unfair labor practice complaints against Social Security Administration Field Operations in New York so that an informal settlement could be approved. An administrative law judge had transmitted his approval of the settlement for Authority action…
Department of the Navy, Navy Resale Activity, Charleston, South Carolina and Federal Employees Metal Trades Council of Charleston
Navy Resale Activity Charleston and Metal Trades Council (FLRA 4-CA-70322): Employee address disclosure ordered
The Federal Employees Metal Trades Council of Charleston requested the names and home addresses of bargaining unit employees at a Navy resale activity. The activity refused, and an administrative law judge found that the refusal violated the federal labor statute. The Authority rejected the…
Department of the Navy, Naval Hospital, Charleston, South Carolina and Federal Employees Metal Trades Council of Charleston
Charleston Naval Hospital and Metal Trades Council (FLRA 4-CA-70319): Employee address disclosure ordered
The Federal Employees Metal Trades Council of Charleston requested the names and home addresses of bargaining unit employees at the Charleston Naval Hospital. The hospital refused, and an administrative law judge found an unfair labor practice. The Authority reviewed the hospital's exceptions and…
U.S. Department of Agriculture, Forest Service and National Federation of Federal Employees, Forest Service Council
USDA, Forest Service, and NFFE Forest Service Council (FLRA 3-CA-70604): Department liable for blocking address disclosure
The NFFE Forest Service Council requested the names and home addresses of employees in its bargaining units. The Department of Agriculture directed the Forest Service to refuse, citing the Privacy Act. The Authority found that the department's direction interfered with the bargaining relationship…
U.S. Department of Justice, Bureau of Prisons, Federal Correctional Institution Ray Brook and American Federation of Government Employees, Local 3882
Bureau of Prisons Ray Brook and AFGE Local 3882 (FLRA 1-CA-40368): Attorney fees ordered after reinstatement dispute
The Bureau of Prisons did not return an employee to the Ray Brook facility as an earlier arbitration award required. After the Authority found an unfair labor practice and the employee received reinstatement and backpay, the union sought attorney fees. The Authority agreed with the administrative…
American Federation of Government Employees, Local 85 and Veterans Administration Medical Center, Leavenworth, Kansas
AFGE Local 85 and VA Medical Center Leavenworth (FLRA 0-AR-1486): Reprimand award upheld
A Veterans Administration medical center reprimanded an employee after concluding that he had misrepresented his inability to work when requesting sick leave. An arbitrator denied the grievance and found the reprimand appropriate. The union argued that the award rested on facts outside the record…
Matter of Juarez
Single misdemeanor generally not particularly serious
The Board reviewed a Guatemalan respondent's appeal after an immigration judge denied asylum and withholding of deportation based on a single misdemeanor assault conviction. The conviction involved four days of time served, a suspended six-month sentence, and probation. The Board held that, except…
National Association of Government Employees, Federal Union of Scientists and Engineers and Naval Underwater Systems Center
NAGE and Naval Underwater Systems Center (FLRA 0-NG-1528): Negotiability dispute ends after withdrawal
The union asked the Naval Underwater Systems Center for a written allegation that a proposal concerning a reorganization was nonnegotiable. The center did not respond, and the union petitioned the Authority to decide whether the proposal fell within the duty to bargain. The agency later withdrew…
Federal Service Impasses Panel request for general ruling
Federal Service Impasses Panel (FLRA 0-MC-12): Broad status quo ruling declined
The Federal Service Impasses Panel asked the Authority to state generally when an agency must maintain existing working conditions while bargaining or mediation continues. The Panel said some unions sought its help before using mediation, potentially delaying agency changes. The Authority found…
Kelly Air Force Base, San Antonio Air Logistics Center and American Federation of Government Employees, Council 214
Kelly Air Force Base and AFGE Council 214 (FLRA 0-AR-1541): Late arbitration exceptions dismissed
AFGE Council 214 sent exceptions to an arbitration award to an Authority regional office in Dallas rather than the national office in Washington. The Authority determined that the filing fell outside the statutory period for arbitration exceptions. It dismissed the exceptions without reaching the…
American Federation of Government Employees, Local 1625 and Non-Appropriated Fund Instrumentality, Naval Air Station Oceana
AFGE Local 1625 and Naval Air Station Oceana (FLRA O-NG-1475): Training proposal negotiable, probation rule rejected
AFGE Local 1625 proposed training for employees displaced when technology eliminated their jobs and counseling requirements before terminating probationary employees for poor performance. The Authority found the training proposal negotiable because it required training only to the extent…
Philadelphia Naval Shipyard and Philadelphia Metal Trades Council
Philadelphia Naval Shipyard and Metal Trades Council (FLRA 0-AR-1494): Shift change grievance upheld without backpay
The Philadelphia Naval Shipyard moved 10 employees from the night shift because of their attendance records. An arbitrator found that using a shift change as discipline violated the labor agreement but declined to award the night shift pay differential. The union challenged the lack of backpay. The…
Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Council 214
Air Force Logistics Command and AFGE Council 214 (FLRA 0-AR-1473): Expedited arbitration deadline upheld
AFGE Council 214 disputed when a five-workday deadline to request expedited arbitration began under its agreement with the Air Force Logistics Command. An arbitrator read the deadline as running from the date of the agency's Step 3 grievance decision rather than the date the union received it. The…
Veterans Administration and American Federation of Government Employees, Local 1228
Veterans Administration and AFGE Local 1228 (FLRA 0-AR-1461): Higher appraisal award set aside
A Veterans Administration employee challenged a satisfactory performance rating and sought an outstanding rating. An arbitrator instead ordered a highly satisfactory rating, relying in part on standards adopted after the appraisal period and comparisons with other employees. The Authority held that…
Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration and AFGE (FLRA 0-AR-1450): Arbitrator's appraisal change set aside
An SSA employee challenged lower ratings on two elements of her performance appraisal. An arbitrator ordered the ratings raised after concluding that a fair evaluation would match or improve on the previous year's ratings. The agency filed exceptions, and the Authority found no clear waiver of its…
Letterman Army Medical Center, Nutrition Care Directorate and Independent Letterman Hospital Workers' Union
Letterman Army Medical Center and Hospital Workers' Union (FLRA 0-AR-1392): Reconsideration denied
The Authority had earlier upheld an arbitrator's finding that the separation of a veteran readjustment appointee during the first year of employment was outside the negotiated grievance procedure. The union sought reconsideration, arguing that the dispute concerned allegedly false testimony and…
American Federation of Government Employees, Council 214 and Department of the Air Force, Air Force Logistics Command
AFGE Council 214 and Air Force Logistics Command (FLRA O-NG-1472): Union telephone service proposals negotiable
AFGE Council 214 proposed telephone and conferencing services for union labor relations work, including access to the Air Force's AUTOVON network. The Air Force argued that the proposals concerned its work technology and conflicted with a Defense Department directive. The Authority found that…
Missouri National Guard, Office of the Adjutant General and National Association of Government Employees Locals R14-68, 71, 73, and 97
Missouri National Guard and NAGE locals (FLRA 7-CA-30494): Midterm flexitime complaint dismissed
NAGE locals sought to bargain over flexitime during the term of an agreement with the Missouri National Guard. After a court set aside an earlier Authority decision, the Authority reconsidered whether the Guard had a duty to bargain. It found that the parties' agreement clearly limited their right…
Department of the Army, U.S. Army Missile Command, Redstone Arsenal and American Federation of Government Employees, Local 1858
Army Missile Command and AFGE Local 1858 (FLRA 0-AR-1462): Removal exceptions dismissed for lack of jurisdiction
An arbitrator upheld the removal of an Army Missile Command employee after an extended absence without leave. The union challenged the award before the Authority. The Authority held that removal is an adverse action covered by 5 U.S.C. § 7512 and that the labor statute excludes such arbitration…
Washington Plate Printers Union, Local 2 and U.S. Department of the Treasury, Bureau of Engraving and Printing
Washington Plate Printers and Bureau of Engraving (FLRA 0-AR-1442): Cleanup period award upheld
Plate printers at the Bureau of Engraving and Printing handled ink and other hazardous substances during press cleanup before lunch. An arbitrator read the labor agreement to reserve up to 10 minutes for employees to wash themselves before eating, without other work assignments during that period…
Matter of Ozkok
Deferred adjudication can constitute a final conviction
The Board affirmed in part and remanded a deportation case involving a lawful permanent resident from Turkey who pleaded guilty to possessing cocaine with intent to distribute. The Board held that a conviction exists for immigration purposes when a judge or jury finds guilt, the court imposes…
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.