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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Sandy Fork Mining Company, Inc.
Private discrimination complaint dismissed
Orville Sparks alleged that Sandy Fork Mining Company discharged him in violation of section 105(c)(1) of the Mine Act. After the Secretary had not completed its investigation, Sparks filed a private complaint with the Commission under Commission Rule 40(b), and the Secretary later filed a separate…
U.S. Department of Defense, Department of the Navy, Naval Air Station and Naval Hospital, Corpus Christi, Texas and National Federation of Federal Employees, Local 797
Corpus Christi Navy employee addresses (FLRA 6-CA-60500, 6-CA-60502): Two facilities ordered to disclose
NFFE Local 797 asked two Corpus Christi Navy facilities for lists of represented employees' names and home addresses. Both facilities refused, citing Navy policy and pending litigation. Applying its Farmers Home decision, the Authority held that the information had to be disclosed and that the…
Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Minneapolis, Minnesota and American Federation of Government Employees, Local 1969
Minneapolis VA employee addresses (FLRA 5-CA-70173): Disclosure upheld, notice location changed
AFGE Local 1969 requested the names and home addresses of employees it represented at the Minneapolis VA medical center. The VA refused, arguing that the union could find addresses from other information and telephone directories. An administrative law judge held that the refusal violated the…
Department of the Navy, Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard employee addresses (FLRA 34-CA-70298): Disclosure ordered
The Tidewater Virginia Federal Employees Metal Trades Council asked Norfolk Naval Shipyard for the names and home addresses of employees it represented. The shipyard refused, arguing that disclosure conflicted with the Privacy Act and was unnecessary for the union's work. Applying its Farmers Home…
Norfolk Naval Shipyard and American Federation of Government Employees, Local 4015
Norfolk shipyard employee addresses (FLRA 34-CA-70136): Union disclosure order upheld
AFGE Local 4015 requested the names and home addresses of Norfolk Naval Shipyard employees it represented, but the shipyard refused. It argued that disclosure conflicted with privacy law, was unnecessary because the union had other ways to reach employees, and was barred by a Defense Department…
Veterans Administration, Baltimore Regional Office, Baltimore, Maryland and American Federation of Government Employees, Local 3597
Baltimore VA employee addresses (FLRA 3-CA-70254): Regional office ordered to disclose
AFGE Local 3597 twice requested the names and home addresses of employees it represented at the Veterans Administration's Baltimore regional office. The office refused, arguing that disclosure conflicted with the Privacy Act and was unnecessary for the union's work. The Authority applied its…
U.S. Department of Commerce, Minority Business Development Agency and National Federation of Federal Employees, Local 2008
Commerce agency employee addresses (FLRA 3-CA-70075): Shared records must be obtained
NFFE Local 2008 requested names and home addresses for employees it represented at the Minority Business Development Agency. The agency refused, arguing that it kept no personnel files of its own and that the information was held by Commerce Department offices and support centers. The judge found…
Nuclear Regulatory Commission and National Treasury Employees Union
NRC union steward threats (FLRA 3-CA-70045): Coercive statements found
NTEU alleged that supervisors interfered with an NRC engineer's work as a union steward and imposed a special time accounting requirement. A judge credited her testimony that her immediate supervisor said upper management disapproved of her union activity, urged her to limit grievances, and warned…
Bureau of Engraving and Printing and Lodge 2135, International Association of Machinists and Aerospace Workers
Engraving Bureau grievance threat (FLRA 3-CA-60538-1): Contracting warning held unlawful
Machinists represented by IAM Lodge 2135 filed grievances about training employees in a new job classification. At a grievance meeting, the Bureau's engineering chief said continued grievances would lead him to contract out machinists' work. The administrative law judge credited the union…
American Federation of Government Employees, Local 1735 and Department of the Navy, Naval Air Station Kingsville, Texas
Kingsville negotiability petition (FLRA 0-NG-1428): National office filing too late
The Navy's Kingsville air station sent AFGE Local 1735 a written allegation that a union proposal was nonnegotiable. The union first mailed its review petition to an FLRA regional office, which returned it with instructions to file at the national office. The Authority calculated July 20, 1987, as…
Social Security Administration and American Federation of Government Employees, Local 3231
SSA arbitration exceptions (FLRA 0-AR-1414): Late filing dismissed
AFGE Local 3231 filed exceptions to an arbitrator's award involving the Social Security Administration. The Authority calculated August 10, 1987, as the last day to mail or deliver them. The Postal Service postmarked the exceptions August 11. The Authority dismissed the filing as untimely without…
Oklahoma City Air Logistics Command, Tinker Air Force Base and American Federation of Government Employees, Local 916
Tinker overtime medical information (FLRA 0-AR-1385): Privacy exception denied
An employee at Tinker Air Force Base sought exemption from mandatory overtime, and his supervisor requested additional information from his physician. An arbitrator found the request reasonable under personnel and Air Force regulations and rejected the union's privacy objection. AFGE Local 916…
U.S. Department of Commerce, NOAA, National Weather Service, Southern Region and National Weather Service Employees Organization, MEBA
Weather Service union letter (FLRA 0-AR-1379): Reduced discipline award upheld
A National Weather Service employee and union official used an agency computer while on duty to write a letter about union business and labor relations. An arbitrator found some discipline justified but reduced his one-day suspension to an official reprimand. The arbitrator also found a procedural…
American Federation of Government Employees, Local 2532 and U.S. Small Business Administration
SBA reprimand grievance (FLRA 0-AR-1377): Untimely arbitration dismissal stands
AFGE Local 2532 challenged an arbitrator's dismissal of a Small Business Administration employee's reprimand grievance. The arbitrator found that the employee's 1985 letter did not properly notify the agency of a union decision to arbitrate under the agreement and that the union's 1986 referral…
U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama and American Federation of Government Employees, Local 1815
Fort Rucker flight instructor appraisal (FLRA 0-AR-1324): Higher rating order modified
A Fort Rucker flight instructor challenged a “fully successful” appraisal, alleging inconsistent treatment and retaliation for union activity. An arbitrator found that the Army applied a checkride standard inconsistently and ordered a higher element rating and an “exceptional” overall rating. The…
Galite Corporation
Haulage-truck drive-shaft citation affirmed
MSHA cited Galite Corporation after finding one missing bolt and several loose bolts on the plate connecting the drive shaft to the transmission of an R-22 Euclid haulage truck at the Galite No. 1 Mine. Judge George A. Koutras found that the equipment defect could cause the drive shaft to fall…
Department of the Air Force, 832d Combat Support Group, Luke Air Force Base, Arizona and American Federation of Government Employees, Local 1547
Luke Air Base employee addresses (FLRA 8-CA-70135): Separate records still available
AFGE Local 1547 asked Luke Air Force Base for the names and home addresses of roughly 1,000 employees it represented. The base refused, arguing that payroll records held names and addresses while separate personnel records identified bargaining unit status, so no ready-made list existed. The…
Department of the Army, Moncrief Army Community Hospital, Fort Jackson, South Carolina and National Federation of Federal Employees, Local 1214
Moncrief medical technologists (FLRA 4-CU-70008): Unit clarification review denied
NFFE Local 1214 sought to add medical technologists at Moncrief Army Community Hospital to its existing bargaining unit. A regional director found the incumbents were not professional employees under the federal labor statute and clarified the unit to include them. The Army argued the decision…
Veterans Administration Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85
Leavenworth VA investigation file (FLRA 0-AR-1284): Expungement order modified
A Leavenworth VA medical center investigated a patient complaint about a nurse's aide and initially admonished him. The director later rescinded the admonishment for insufficient evidence, but the center kept its investigation file. An arbitrator ordered the file expunged. The Authority held that…
Veterans Administration Medical Center, Prescott, Arizona and American Federation of Government Employees, Local 2401
Prescott VA employee addresses (FLRA 8-CA-70232): Disclosure ordered
AFGE Local 2401 requested names and home addresses for employees it represented at the Prescott VA medical center. The center refused, arguing that privacy law, personnel guidance, and other ways to contact employees barred or made disclosure unnecessary. The Authority applied its Farmers Home…
Department of the Air Force, Headquarters 836th Combat Support Group, Davis-Monthan Air Force Base, Arizona and National Federation of Federal Employees
Davis-Monthan employee addresses (FLRA 8-CA-70226): Separate records still available
The National Federation of Federal Employees asked Davis-Monthan Air Force Base for names and home addresses of about 214 represented nonappropriated fund employees. The base refused, arguing that payroll records held names and addresses while separate personnel records identified bargaining unit…
National Treasury Employees Union, Chapter 207 and Federal Deposit Insurance Corporation
FDIC employee benefits notice (FLRA 0-NG-1293): Bargaining duty found
NTEU Chapter 207 proposed that the FDIC give it notice and an opportunity to negotiate before creating or changing employee benefit systems during the contract term. The FDIC argued the proposal was vague and might force bargaining over benefits controlled by law or regulation. The Authority…
U.S. Army Armor Center and Fort Knox and American Federation of Government Employees, Local 2302
Fort Knox boiler operator selection (FLRA 0-AR-1354): Both exceptions denied
A Fort Knox supervisor initially chose an employee for a boiler operator position based on federal seniority, but a higher-level manager ordered reconsideration using job-related factors. An arbitrator found reconsideration justified but said the reviewing manager lacked authority under the Army's…
American Federation of Government Employees, National Council of Social Security Administration Field Operations Locals and Social Security Administration
SSA call monitoring sample period (FLRA 0-AR-1288): Clarification denied
An earlier Authority decision denied the Social Security Administration's exceptions to an arbitration award interpreting an agreement about monitoring teleservice center calls. AFGE asked the Authority to clarify what it meant by an appropriate call sampling period and disputed its statement about…
Jericol Mining, Inc.
Discrimination proceeding dismissed after settlement
Roger Hall filed a discrimination proceeding against Jericol Mining, Inc. involving the Creech No. 2 Mine. Hall moved to dismiss the case after stating that the matter had been settled. Judge Avram Weisberger dismissed the case with prejudice and ordered the stenographic notes and recordings from…
Gilbert v. Sandy Fork Mining Co., Inc.
Discrimination claims dismissed and Rule 40(b) invalidated
John A. Gilbert alleged that Sandy Fork Mining discharged him after he refused work he believed was hazardous because of unstable roof conditions at the No. 12 underground coal mine. The Commission affirmed the ALJ's finding that Gilbert was not discriminated against because his August 6 work…
Maggard v. Chaney Creek Coal Company
Discrimination finding affirmed and attorney fees vacated
Odell Maggard alleged that Chaney Creek Coal Company and Dollar Branch Coal Corporation discharged him after he refused work he reasonably believed was hazardous because a trailing cable had shocked him. An administrative law judge found discriminatory discharge, ordered reinstatement, awarded…
Matter of Hosseinian
Foreign divorce not recognized under California law
A United States citizen petitioned for immediate-relative status for her Iranian spouse after submitting a Hungarian divorce decree from a prior marriage. The Board held that the validity of the later California marriage was governed by California law, because the marriage was celebrated there…
Social Security Administration and American Federation of Government Employees, Local 3231
SSA employee appraisal (FLRA 0-AR-1274): Higher task ratings award set aside
An SSA employee challenged “Excellent” ratings on two job tasks, and an arbitrator ordered both raised to “Outstanding” after comparing them with earlier years. The Authority held that the arbitrator had found no requirement to consider prior ratings and no violation of an appraisal rule or…
Consolidation Coal Company
Dust sampler required on headgate operator
Consolidation Coal Company contested a citation involving dust sampling at its Ireland Mine and also faced a civil penalty proceeding. The case concerned whether the headgate shear operator had to wear the dust sampling device when the tailgate operator temporarily moved to the headgate for fresh…
American Federation of Government Employees, Local 32 and Office of Personnel Management
OPM performance review proposals (FLRA 0-NG-1047): Written guidance negotiable
AFGE Local 32 appealed OPM's refusal to bargain over 16 proposals about its employee performance review system. The Authority found that requiring written guidance and reference materials for satisfactory job performance was negotiable. It rejected provisions that would control the content of…
Utah Power and Light Company
Settlement approved and citation vacated
Utah Power and Light Company reached a settlement with the Secretary covering two contested citations and a related civil penalty proceeding at the Little Dove Mine. The Secretary agreed to vacate Citation No. 2928409, and the operator agreed to withdraw its contest of Citation No. 2928408 and pay…
Department of the Navy, Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades Council
Pearl Harbor shipyard addresses (FLRA 98-CA-70294): Two bargaining units covered
The Hawaii Federal Employees Metal Trades Council sought names and home addresses of employees it represented in two units at Pearl Harbor Naval Shipyard. The shipyard refused, citing privacy law, possible misuse, and other ways the union could reach workers. The Authority applied its Farmers Home…
American Federation of Government Employees, Local 1857 and John M. Neill
McClellan commissary overtime settlement (FLRA 9-CO-60014): Union must remedy exclusion
A commissary grievance settlement compensated employees for time spent putting on required protective gear before their shifts. AFGE Local 1857 insisted that a meatcutter work leader be removed from the eligible list, although he had also worked as a meatcutter during the covered period. The judge…
U.S. Department of Defense, Department of the Air Force, Air Force Plant Representative Office, Fort Worth, Texas and American Federation of Government Employees, Local 1361
Fort Worth Air Force employee addresses (FLRA 6-CA-70102): Local office violation upheld
AFGE Local 1361 requested names and home addresses of represented employees at an Air Force plant representative office in Fort Worth. The office refused, even though a list could be made by combining records within a reasonable time. An administrative law judge found the refusal unlawful but found…
Veterans Administration, Washington, D.C. and Veterans Administration Medical Center, Houston, Texas and American Federation of Government Employees, Local 1633
Houston VA employee addresses (FLRA 6-CA-70087): Contract privacy claim rejected
AFGE Local 1633, acting for the exclusive representative, asked the Houston VA medical center for names and home addresses of represented employees. The VA refused, citing privacy law, alternative ways to contact employees, and a privacy provision in its master agreement. The Authority applied its…
National Treasury Employees Union, Chapter 207 and Federal Deposit Insurance Corporation
FDIC salary adjustment proposal (FLRA 0-NG-446): Bargaining ordered on remand
NTEU Chapter 207 proposed an FDIC salary adjustment tied to a pay advisory body's cost-of-living recommendation, plus a joint productivity committee. Earlier Authority rulings found the proposal barred by an FDIC pay regulation, but a court reversed and remanded. The Authority accepted that ruling…
AFSCME, Local 2027 and ACTION
ACTION flexible schedules (FLRA 0-NG-1385): Petition dismissed
AFSCME Local 2027 proposed procedures for scheduling coverage and approving credit hours under ACTION's flexible work schedule program. The Authority held that the scheduling proposal was nonnegotiable as written because the union said it applied to both represented and unrepresented employees. It…
National Treasury Employees Union and Department of Health and Human Services, Region V, Chicago
HHS promotion panel observer (FLRA 0-NG-1340): Union proposal nonnegotiable
NTEU proposed that HHS Region V allow a union representative to observe promotion rating panels whenever a bargaining unit employee served as a panel member. HHS argued the observer would interfere with management's selection process. The Authority held that panel discussions are part of…
Overseas Education Association and U.S. Department of Defense Dependents Schools
Overseas schools compensatory education (FLRA 0-NG-1312): Pay and review proposals negotiable
The Overseas Education Association proposed terms after Defense Dependents Schools issued a draft compensatory education manual. The Authority held that teachers' extra compensation was negotiable because the agency had discretion over it under the Overseas Teachers Pay Act. It also found a joint…
National Federation of Federal Employees, Local 1623 and South Carolina National Guard
South Carolina Guard technician agreement (FLRA 0-NG-1189): Selected terms restored
NFFE Local 1623 appealed the Guard's disapproval of five local agreement provisions for civilian technicians. The Authority upheld terms defining adverse actions and requiring supervisory review, notice, and an improvement period before withholding a within-grade increase. It rejected a provision…
Warner Robins Air Logistics Center, Robins Air Force Base and American Federation of Government Employees, Local 987
Robins Air Base appraisal calculation (FLRA 0-AR-1290): Higher rating award upheld
A Robins Air Force Base employee challenged an appraisal that marked him below standard for tardiness and sick leave usage. The arbitrator found the agency had not proved more than five late arrivals and had miscalculated the percentage of available hours used for sick leave. He directed ratings of…
The Florence Mining Company
Settlement approved for four violations
The Florence Mining Company faced four civil penalty orders with original assessments totaling $3,500. After the judge rejected the parties' first proposed settlement, they submitted an amended agreement requiring payment of $2,500. The violations involved accumulations of loose coal and coal dust…
Maynard Branch Dredging Co., and Roger Kirk
Discrimination proceeding dismissed
Bryan Pack worked as a night security guard at Maynard Branch Dredging and reported to federal mine inspectors that dynamite and blasting caps were stored in a school bus used at the worksite. The inspector found the explosives and cited the company under 30 C.F.R. § 77.1301(a). The company…
Bow Valley Coal Resources Inc.
Reinstatement and back pay ordered
Harley M. Smith alleged that Bow Valley Coal Resources discriminated against him after he made safety complaints and was required to perform different mine duties. An earlier decision found a prima facie violation when the company terminated his employment and reserved the amount of relief. Judge…
Western Division, Naval Facilities Engineering Command, San Bruno, California and American Federation of Government Employees, Interdepartmental Local 3723
San Bruno Navy employee addresses (FLRA 8-CA-70163): Disclosure ordered
AFGE Interdepartmental Local 3723 asked the Navy's San Bruno facilities engineering command for the names and home addresses of employees it represented. The command refused, citing the Privacy Act and disputing the union's need for the information. Applying its Farmers Home decision, the Authority…
Green Duck Corporation
Machine-safety settlement reduces penalties to $660
Green Duck, a novelty-products manufacturer, was cited for machine guarding, an unguarded belt drive, a repeat power-press violation, posting, and hazard communication conditions. OSHA initially proposed $1,730, and the judge assessed $1,600. In settlement, one machine-guarding sub-item was…
Peabody Coal Company
Citation modified through settlement and contest dismissed
Peabody Coal Company contested the significant and substantial and unwarrantable-failure allegations in Citation No. 2830921 at the Black Mesa Mine. The parties agreed to remove the unwarrantable-failure designation, remove the significant-and-substantial designation, reduce the charged negligence…
Secretary v. Labor o/b/o Price v. Jim Walter Resources, Inc.
Stay of temporary reinstatement order denied
Jim Walter Resources asked the Commission to stay its August 3, 1987 order affirming an administrative law judge's temporary reinstatement order for Michael L. Price and Joe John Vacha. The company said its petition for review in the Eleventh Circuit raised substantial legal and policy issues. The…
Department of the Interior, Bureau of Reclamation, Upper Colorado River Storage Project, Salt Lake City, Utah and International Brotherhood of Electrical Workers, Local 2159
Bureau of Reclamation travel payments (FLRA 7-CA-60552): Arbitration award enforced
Three union representatives sought travel and per diem payments for attending bargaining meetings. An arbitrator ordered the Bureau of Reclamation to make them whole under its labor agreement, and the Authority later made the award subject to the Federal Travel Regulations. The bureau withheld…
U.S. Department of Housing and Urban Development and American Federation of Government Employees, Local 3258
HUD and AFGE Local 3258 (FLRA 0-AR-1356): Reprimand file period reduced
HUD reprimanded an employee for returning about an hour and a half late from lunch and planned to keep the letter in his personnel file for three years. The union accepted the reprimand but challenged its duration. An arbitrator found that HUD had improperly relied on an earlier disciplinary letter…
Big Elk Creek Coal Co., Inc.
Settlement order provides back pay and reinstatement
Administrative Law Judge William Fauver had previously found that Big Elk Creek Coal Co., Inc. discharged Arnold Sharp in violation of the Mine Act's discrimination provision. The parties then agreed on relief, including $45,000 for past wages, interest and reimbursable expenses, immediate…
B & B Excavating, Inc.
Mixed result across eight penalty dockets
B & B Excavating operated the Eaton Pit sand and gravel mine and faced eight consolidated civil penalty dockets involving electrical, equipment, and other safety citations. The parties stipulated to the operator's jurisdiction, abatement efforts, business impact, and other background facts, and the…
Chaney Creek Coal Corporation
Discrimination complaint settled for $7,000
Odell Maggard alleged that Chaney Creek Coal Corporation forced him to quit after harassment following his reinstatement in an earlier discrimination matter. The parties settled before the scheduled hearing. Maggard agreed to withdraw the complaint and waive claims to reinstatement and attorney…
Department of the Navy, Navy Resale and Services Support Office, Field Support Office, San Diego, California and National Federation of Federal Employees, Local 63
San Diego Navy commissary employees (FLRA 8-CA-70187): Address disclosure ordered
NFFE Local 63 requested names and home addresses to communicate with Navy commissary employees across several San Diego area sites. The Navy refused. The parties agreed that the information was normally maintained, reasonably available, and outside the statutory exclusion for management guidance…
International Brotherhood of Electrical Workers, Local Union No. 611 and U.S. Department of the Interior, Bureau of Reclamation, Rio Grande Project
Rio Grande Project Sunday pay (FLRA 0-NG-1161): Reconsideration denied
IBEW Local 611 sought to bargain over continued Sunday premium pay for hourly Rio Grande Project employees after the bureau proposed ending the practice. The Authority had ordered bargaining, finding that the pay proposal was negotiable even without evidence of a prevailing local pay practice. The…
Veterans Administration Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85
Leavenworth VA admissions clerk (FLRA 0-AR-1376): Admonishment stands
A Leavenworth VA medical center admonished an admissions clerk after he failed to refer a prospective patient for physician evaluation as required by a center policy. An arbitrator found that discipline was warranted but removed the word "insubordinate" because the evidence did not support that…
Beckley Coal Mining Company
Safeguard contest dismissed for lack of Commission jurisdiction
The Secretary issued Beckley Coal Mining Company a safeguard notice under section 314(b) of the Mine Act, and Beckley attempted to contest it under the Commission's procedural rule for contests. The Secretary moved to dismiss, arguing that the Commission's contest jurisdiction covers orders…
Gabriel Mining Company, Inc.
Default discrimination relief includes reinstatement and back pay
Otis M. Schmoldt alleged that Gabriel Mining Company fired him after he refused to perform electrical and mechanical work for which he was not qualified. Gabriel Mining did not claim the mailed complaint or answer the judge's order, and it did not appear at the scheduled hearing, so the judge found…
Gabriel Mining Company, Inc.
Default discrimination relief awarded
Billie D. Martin alleged that Gabriel Mining Company fired him after he refused to perform electrical and mechanical work for which he was not qualified. Gabriel Mining did not claim certified mail containing the complaint, did not answer an order directing a response, and did not appear at 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.