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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American Federation of Government Employees, Local 2092 and Veterans Administration Medical Center, Ann Arbor, Michigan
Ann Arbor VA performance appraisals (FLRA 0-AR-1237): Reevaluation ordered
Four Ann Arbor VA Medical Center employees challenged changes a higher level supervisor made to their performance appraisals after they had reviewed and signed the forms with their immediate supervisor. An arbitrator found that the agency had informed them of ratings before higher level review and…
American Federation of Government Employees, Local 1960 and Department of the Navy Development Center
Navy graphics supervisor promotion (FLRA 0-AR-1221): Backpay period narrowed
A Navy Development Center employee performed graphics section supervisory duties without a formal detail or promotion. An arbitrator granted his grievance, ordered him returned to supervisory duties, awarded more than two years of GS-12 backpay, and treated another employee's selection as a detail…
Emery Mining Corporation
Trolley-switch orders vacated
Emery Mining Corporation contested two orders alleging that trolley cut-out switches at its Deer Creek Mine were not adequately guarded. Judge John J. Morris held that the switches were part of the trolley wires covered by 30 C.F.R. § 75.1003, but found that the Secretary did not prove miners…
Ronald Tolbert v. Chaney Creek Coal Corp.
Discrimination violation found and employment ordered
Ronald Tolbert alleged that Chaney Creek Coal Corporation refused to hire him because he testified for another miner in a Mine Act discrimination case. Judge Gary Melick found Tolbert's account credible and concluded that Chaney Creek refused to hire him because of that protected testimony…
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry and Red River Army Depot
Red River Army Depot negotiability appeal (FLRA 0-NG-1361): Filing late
A plumbing and pipe fitting union challenged Red River Army Depot's claim that some union proposals were nonnegotiable. Federal law gave the union 15 days after service of that claim to file its petition with the FLRA's national office. The union first mailed the petition to a National Labor…
International Brotherhood of Electrical Workers and Western Area Power Administration, Department of Energy
Western Area Power 1986 wage increase (FLRA 0-NG-1185): Pay cap controls
The International Brotherhood of Electrical Workers proposed a four percent wage increase for Western Area Power Administration employees effective in October 1985. A federal fiscal year 1986 pay cap restricted the increase unless a prior contract required the higher rate or fixed an automatic pay…
Department of the Air Force, Sacramento Air Force Logistics Center and American Federation of Government Employees, Local 1857
McClellan Air Force Base arbitration appeal (FLRA 0-AR-1301): Grievant lacked standing
An employee at the Sacramento Air Force Logistics Center tried to challenge an arbitrator's award directly before the Authority. The FLRA's rules allowed a party to the arbitration to file exceptions. The Authority found that the employee participated only as the grievant; the union and the Air…
Matter of Perez-Andrade
Absent respondents' appeal summarily dismissed
A Mexican couple appealed after an immigration judge found them deportable in absentia, denied their applications for suspension of deportation, and granted voluntary departure. Their lawyer appeared for the scheduled hearing, but the respondents did not, and counsel gave no explanation for their…
Department of Defense, Department of the Army, McAlester Army Ammunition Plant and American Federation of Government Employees, Local 2815
McAlester Army paycheck delivery (FLRA 6-CA-1041): Bargaining required
McAlester Army Ammunition Plant ended its longstanding practice of handing employees their paychecks at work and began mailing them instead. AFGE Local 2815 requested bargaining, but the plant treated paycheck delivery as a management decision outside the duty to bargain. Following a court remand…
American Federation of Government Employees, Local 2298 and Department of the Navy, Naval Weapons Station Charleston
Charleston naval station discipline deadline (FLRA 0-NG-1321): Proposal barred
AFGE Local 2298 proposed that the Charleston Naval Weapons Station normally begin disciplinary action within 30 days of an incident or learning of it. The union argued the deadline was a negotiable procedure or an appropriate protection for employees. The Authority found that the provision could…
American Federation of Government Employees, Local 1786 and U.S. Marine Corps Development and Education Command
Quantico leave proposals (FLRA 0-NG-1230): Repeat appeal dismissed
AFGE Local 1786 sought review of Marine Corps negotiability objections to proposals concerning annual, sick, and funeral leave. The union had filed an earlier appeal on substantially the same proposals, but that appeal was dismissed as late. It revised the wording and asked the agency again for its…
National Association of Government Employees, Security Guard Local R4-19 and Norfolk Naval Shipyard
Norfolk shipyard guard suspension (FLRA 0-AR-1187): Reimbursement award upheld
The Norfolk Naval Shipyard suspended a guard for five days after an incident at its main gate. An arbitrator found that the shipyard had started its investigation on time but initiated discipline too late under the labor agreement and agency rules. He overturned the suspension and ordered…
James H. Harmon v. Consolidation Coal Company
Safety-committee discrimination complaint dismissed
James H. Harmon alleged that Consolidation Coal Company removed him from the Humphrey No. 7 Mine safety committee because of his safety concerns and activities. The judge found that Harmon and two other committeemen had shut down a track-haulage area after a derailment, but that no imminent danger…
Department of Defense, Warner Robins Air Logistics Center and American Federation of Government Employees, Local 987
Warner Robins employee reassignment (FLRA 4-CA-60234): Complaint dismissed
An employee at Warner Robins Air Logistics Center said he would grieve a temporary duty assignment that went to another worker. He was then told he would be permanently reassigned to a different building. The unfair labor practice complaint alleged that the reassignment was retaliation for his…
Maritime/Metal Trades Council and Panama Canal Commission
Panama Canal Commission employee benefits (FLRA 0-NG-955): Bargaining partly ordered
The Maritime/Metal Trades Council submitted four proposals on holidays, housing, and a cost of living allowance for Panama Canal Commission employees. The Authority found the holiday proposal outside the duty to bargain because federal statutes set the holidays. It also rejected the housing…
Social Security Administration and American Federation of Government Employees, Local 1122
SSA performance rating remedy (FLRA 0-AR-1278): Award set aside
AFGE Local 1122 challenged part of a Social Security Administration employee's performance appraisal. An arbitrator kept the official rating at Fully Satisfactory but ordered the agency to treat it as a higher Level 3 rating when considering a cash award or certain promotions. The Authority held…
American Federation of State, County and Municipal Employees, Local 2478 and U.S. Commission on Civil Rights
Civil Rights Commission vacancy procedures (FLRA 0-AR-1206): Selections rerun
The Commission on Civil Rights filled a program analyst job without convening the review committee required by its labor agreement and posted a temporary civil rights analyst opening for less than the required ten working days. An arbitrator sustained the union's grievance and ordered the positions…
Consolidation Coal Company
Withdrawal order vacated and penalty proceeding dismissed
Consolidation Coal contested a withdrawal order and a related civil penalty proceeding concerning weekly examinations of abandoned areas at the Osage No. 3 mine. The Secretary alleged that the operator violated 30 C.F.R. § 75.305 by failing to have a certified person examine the areas. Judge Gary…
Jim Walter Resources, Inc.
Methane citation dismissed and contest granted
Jim Walter Resources contested a citation alleging that methane levels in the mine's return aircourses exceeded the limit in 30 C.F.R. § 75.309(a). Judge Gary Melick found that the Secretary issued the citation immediately after discovering the methane and did not show that the operator had been…
Veterans Administration Medical Center, Cincinnati and American Federation of Government Employees, Local 2301
Cincinnati VA union newsletter reprimand (FLRA 5-CA-50346): Complaint dismissed
A Cincinnati VA union newsletter criticized a manager's handling of workplace issues and used racial stereotypes about him. The VA reprimanded the union president who approved the article. An administrative judge found the newsletter protected as union speech and viewed the reprimand as an unfair…
National Labor Relations Board and National Labor Relations Board Union, Local 6
NLRB part time request memorandum (FLRA 2-CA-50471): Disclosure complaint dismissed
An NLRB employee sought a part time schedule, and her union requested a management recommendation about the request while preparing a grievance. The NLRB supplied workload data but withheld the recommendation. In this decision, the Authority held that disclosing a recommendation used in internal…
American Federation of Government Employees, Local 1858 and U.S. Army Ordnance Missile and Munitions Center and School
Redstone Arsenal appraisal proposals (FLRA 0-NG-1091): Three provisions barred
AFGE Local 1858 challenged the Army's disapproval of three labor agreement provisions on performance appraisals at Redstone Arsenal. The Authority found that requiring similar positions to have similar job elements limited management's discretion to weigh duties differently. It also held that…
Queen Anne Coal Company
Discrimination complaint dismissed after safety complaints not linked to adverse action
Harlan L. Thurman alleged that Queen Anne Coal Company forced him to quit because harassment by co-workers and his foreman made his work unsafe. Judge Avram Weisberger found that some complaints about an outside man and the number of miners operating equipment were protected safety activity, but…
International Organization of Masters, Mates and Pilots and Panama Canal Commission
Panama Canal pilot proposals (FLRA 0-NG-809): Pay proposals negotiable, staffing proposals dismissed
The pilots' union proposed six contract provisions covering bonuses and staffing on Panama Canal vessels. The Authority dismissed the appeal for a proposal requiring two pilots on certain night transits and another requiring relief of pilots at a specified location. Those proposals would leave the…
District No. 1, Pacific Coast District, Marine Engineers Beneficial Association and Panama Canal Commission
Panama Canal marine engineer pay proposals (FLRA 0-NG-749): Five negotiable, three barred
The marine engineers' union proposed eight pay provisions for Panama Canal Commission employees. A majority of the Authority found five premium pay and bonus proposals negotiable because their subject was not fixed by statute, the cited Panama Canal regulations were not governmentwide, and the…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security September bench awards (FLRA 0-AR-1262): Reconsideration denied
The Social Security Administration sought reconsideration after the Authority dismissed its exceptions to arbitration awards announced at September 1986 hearings as late. The agency argued that the deadline should run from the mailing of the transcript and that its representative had been excluded…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security bench awards (FLRA 0-AR-1253): Reconsideration denied
The Social Security Administration asked the Authority to reconsider its dismissal of exceptions to two arbitration awards announced at hearings. The agency argued that its filing deadline began when it received the hearing transcript, and that it had been denied representation at the hearings. The…
National Association of Government Employees, Local R14-62 and U.S. Army Dugway Proving Ground
Dugway holiday closure leave (FLRA 0-NG-727 and 0-NG-912): Bargaining ordered on remand
Dugway Proving Ground planned a partial shutdown during the Christmas and New Year holiday period because of expected absences. The union proposed administrative leave for affected employees so they would not have to use annual leave during the closure. On remand, the Authority reversed its earlier…
Social Security Administration and National Council of SSA Field Operations Locals, American Federation of Government Employees, AFL-CIO
SSA supplemental agreement ratification (FLRA 0-AR-1167): Reconsideration denied
The Social Security Administration asked the Authority to reconsider its approval of a contract provision giving the union a chance to ratify a supplemental agreement. The provision required the parties to meet again if the union rejected the agreement. The agency argued that the Authority should…
Sierra Aggregate Company
One citation vacated and six affirmed with $620 in penalties
Sierra Aggregate operated the Red Top Mine, a small surface mine that excavated and processed volcanic cinders. Judge Michael A. Lasher, Jr. considered seven alleged violations involving grounding records, diesel-fuel spillage, quarterly reporting, machine guarding, and access to elevated conveyor…
Queen Anne Coal Company
Discrimination complaint dismissed
Harlan L. Thurman alleged that Queen Anne Coal Company forced him to quit because harassment by co-workers and his foreman made his work unsafe. Judge Avram Weisberger found that complaints about an outside man and the number of miners operating equipment were protected safety activity, but that…
Consol Pennsylvania Coal Company
Discrimination finding and remedial order
Larry Brian Anderson alleged that Consol Pennsylvania Coal Company refused to hire him because company personnel believed he had reported a supervisor for a roof-control violation. Judge James A. Broderick found that the company suspected Anderson had engaged in protected safety activity and…
Allied Coals, Inc.
Discrimination complaint dismissed on summary decision
Newton J. Johnson alleged that Allied Coals discriminated against him after assigning him work beyond night-watchman duties. Judge William Fauver found that Johnson had not complained about unsafe work or lack of training, and that he quit because he did not want to shovel a belt line for the wage…
Heaton Erecting, Inc.
Mobile-scaffold citation items vacated
OSHA cited Heaton Erecting after an employee fell about 40 feet to his death while using a mobile scaffold near a building perimeter. The citation alleged missing guardrails and failure to plank the scaffold's full width. The judge vacated both items, finding that the guardrail rule did not apply…
U.S. Army Reserve Components Personnel and Administration Center and American Federation of Government Employees, Local 900
Army Reserve personnel center (FLRA 7-CA-40459): Witness statement complaint dismissed
The Army Reserve personnel center took witness statements while preparing to defend an employee's removal at arbitration. The employee's union requested unsanitized copies to prepare its case, and the center refused. An administrative judge recommended dismissing the resulting unfair labor practice…
Department of the Air Force, Headquarters, Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Council 214
St. Louis Air Force employee bargaining unit (FLRA 5-CA-60103): Complaint dismissed
The Air Force refused to process secretary Bernice Givhan's union grievance and dues deduction request because she worked at an F-15 support office in St. Louis. The union argued that she belonged to the bargaining unit at Robins Air Force Base, which supported that office. The administrative judge…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration official time (FLRA O-AR-1213): Arbitration exceptions denied
Social Security Administration employees filed grievances over denied official time for union representation and related travel expenses. An arbitrator awarded compensation for time spent on representational work outside regular duty hours, including 250 minutes spent on an unfair labor practice…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, AFL-CIO
Social Security Administration union time (FLRA O-AR-1208): Bench awards upheld
Social Security Administration employees filed grievances over denied official time for union work and related travel expenses in the Seattle region. An arbitrator awarded compensation for some work performed outside duty hours and granted travel and per diem in some instances. The agency argued…
Veterans Administration Medical Center, Kansas City, Missouri and American Federation of Government Employees, Local 2663
Kansas City VA asbestos grievance (FLRA 0-AR-1238): Protective equipment order upheld
Employees at the Kansas City VA Medical Center sought extra pay and safety measures for work involving airborne asbestos. An arbitrator ordered an abatement plan, marked asbestos locations, environmental differential pay for eligible employees, and further protective equipment if it became…
Morrison-Knudsen, Inc.
Tunnel hearing-protection item vacated
Morrison-Knudsen constructed tunnels for the Seabrook Nuclear Power Plant and supplied hearing protection to employees exposed to high noise levels. OSHA cited the company after dosimeters showed excessive cumulative noise doses and a compliance officer briefly observed two locomotive operators…
S & M Coal Co., Inc., Jewell Smokeless Coal Corporation, Prestige Coal Company, Inc., Tolbert P. Mullins, and Shirley A. Mullins
S & M Coal Co., Inc., et al. (FMSHRC VA 86-34-D): Discrimination finding after refusal to bridge electrical safeguards
Bobby Keene, an electrician, refused repeated requests to bypass electrical safety features by “bridging” equipment at S&M Coal. After Keene refused to bridge a miner cable and left the mine, the judge found that he had a good-faith and reasonable belief that the practice could cause electrical…
Matter of Nafi
Failure to appear can abandon an asylum claim
An Afghan applicant in exclusion proceedings received notice of a hearing after his request to move the case back to New York was denied. He did not appear at the scheduled hearing, and the immigration judge found that he had not established admissibility and ordered him excluded and deported. The…
Local Union 5817, UMWA v. Monument Mining Corporation
Independent contractor solely liable for idled-miner compensation
The United Mine Workers sought compensation under Mine Act section 111 for miners idled by a withdrawal order issued after Monument Mining violated the blasting precaution standard at Island Creek's No. 1 Surface Mine. The Commission held that Monument, the independent contractor that controlled…
Valdez Creek Mining Company
One citation vacated and 16 affirmed with a $990 penalty
Valdez Creek Mining Company operated a placer gold mine in Alaska with about 100 employees when MSHA issued 17 citations during July and August 1985. The company admitted that the violations occurred but disputed the penalty amounts. Judge Michael A. Lasher, Jr. found that the operator's negligence…
Department of the Navy and U.S. Naval Supply Center, Oakland, California and American Federation of Government Employees, Local 1533
Oakland naval pay delivery (FLRA 9-CA-30108): Bargaining refusal unlawful
The Oakland Naval Supply Center changed how newly hired employees received paychecks and savings bonds, requiring direct deposit or delivery away from work. AFGE Local 1533 had asked to bargain over the change, but the center refused. After a court vacated the Authority's earlier ruling, the…
D.H. Shelton and Associates, Inc.
Electrical and fire citations settled for $1
D.H. Shelton, a plumbing, heating, and air-conditioning subcontractor, was cited at an El Paso construction project. The judge affirmed a serious item for failing to use a ground-fault circuit interrupter or an assured equipment-grounding program, plus other-than-serious items for an ungrounded…
Long Beach Naval Shipyard and Long Beach Naval Station and Federal Employees Metal Trades Council
Long Beach shipyard union citation (FLRA 8-CA-60037): Retaliation found
A Long Beach shipyard labor relations director asked a union officer to help calm an employee during a disturbance. A Defense Department police officer later cited the union officer for interfering with an arrest. The administrative judge found that the officer had acted reasonably during protected…
Army and Air Force Exchange Service, Fort Carson, Colorado and American Federation of Government Employees, Local 1345
Fort Carson exchange removal records (FLRA 7-CA-795): Earlier dismissal vacated
The Fort Carson exchange removed two bargaining unit employees for theft, then refused their union's request for records about the removals. The Authority originally dismissed the union's complaint, but a federal appeals court held the information necessary for the union's representational work and…
U.S. Department of Energy and Western Area Power Administration, Golden, Colorado and International Brotherhood of Electrical Workers, Government Coordinating Council No. 1
Western Area Power Administration impasse order (FLRA 7-CA-50281): Noncompliance unlawful
The Western Area Power Administration and an electrical workers union reached an impasse over future arbitration of bargaining disputes and a retroactive wage adjustment. The Federal Service Impasses Panel ordered a binding interest arbitration procedure and a wage increase back to the first pay…
American Federation of Government Employees, Local 12 and U.S. Department of Labor
Labor Department staffing proposals (FLRA 0-NG-981): Two reduction in force terms negotiable
AFGE Local 12 proposed seven terms to protect Labor Department employees affected by a reduction in force, reorganization, or downgrading. The Authority rejected an indefinite vacancy freeze, reversal of prior personnel actions, and a fixed ratio of affected part time and full time positions…
American Federation of Government Employees, Local 900 and Department of the Army, Office of the Adjutant General
Army Reserve shift schedules (FLRA 0-NG-909): Emergency exception too narrow
AFGE Local 900 negotiated a term requiring two weeks' notice before work shift changes and continuation of a changed shift for at least two pay periods, except in emergencies. The Army disapproved the term, and the Authority initially found it nonnegotiable. After a court remand, the Authority…
American Federation of Government Employees, Local 1770 and U.S. Department of Defense Dependents Schools, Fort Bragg, North Carolina
Fort Bragg school staff pay (FLRA 0-NG-892): Bargaining ordered on pay proposal
AFGE Local 1770 proposed paying nonprofessional Fort Bragg school employees the same wages as employees in equivalent wage grade or General Schedule jobs at the base. The schools agency argued that federal education law, its salary regulation, and its budget rights barred bargaining over the…
Fort Knox Teachers Association and Fort Knox Dependent Schools
Fort Knox school bus chaperones (FLRA 0-NG-845): Pay negotiable, assignment plan rejected
The Fort Knox Teachers Association proposed assigning teachers to chaperone buses for extracurricular trips by volunteer sign up or a rotating roster. It also proposed overtime pay when chaperone duty extended beyond the school day. The Authority found the assignment plan nonnegotiable because it…
International Brotherhood of Electrical Workers, Local 121 and Department of the Treasury, Bureau of Engraving and Printing
Bureau of Engraving craft pay (FLRA 0-NG-782): Wage alignment proposal negotiable
IBEW Local 121 proposed keeping its represented Bureau of Engraving and Printing employees' wage rates aligned with comparable crafts at the Government Printing Office. The bureau argued that federal pay law fixed the rates and that the proposal interfered with its budget rights. The Authority…
American Federation of Government Employees, Local 12 and Department of Labor
Labor Department office layout (FLRA 0-NG-776): Earlier bargaining denial reversed
AFGE Local 12 proposed placing private offices near the inner core of a Labor Department work area and keeping window areas free of private offices and high partitions. The Authority had previously ruled these terms nonnegotiable because they could affect employees outside the union's bargaining…
National Treasury Employees Union and Department of Health and Human Services, Region X
HHS Region X reduction in force proposals (FLRA 0-NG-628): Bargaining ordered on three terms
The National Treasury Employees Union proposed eight terms for a reduction in force at HHS Region X. The Authority ordered bargaining on keeping employees on duty where possible during the notice period, priority consideration for affected employees in certain vacancies, and efforts to place…
National Federation of Federal Employees, Local 1745 and Veterans Administration
VA union negotiability petition (FLRA 0-NG-1351): Late filing dismissed
NFFE Local 1745 petitioned the Authority to review a Veterans Administration claim that a union proposal was nonnegotiable. The VA delivered that claim to the union on November 21, 1986, making December 8 the filing deadline under the rules then in effect. The union's petition did not reach the…
Joint Council of Unions, GPO and United States Government Printing Office
Government Printing Office discipline proposals (FLRA 0-NG-1310): Status definition negotiable
The Joint Council of Unions proposed four contract terms on disciplinary action at the Government Printing Office. The Authority found a definition covering changes in employees' work assignments negotiable because it only placed those changes within the grievance procedure. It rejected a proposal…
American Federation of Government Employees, Local 1625 and Department of the Navy, Naval Air Station Oceana, Virginia
Oceana fire station summer uniforms (FLRA 0-NG-1290): Limited clothing proposal negotiable
AFGE Local 1625 proposed allowing Naval Air Station Oceana firefighters to wear tee shirts and ball caps with patches during summer duty inside the fire station and at field crew positions. The Navy argued that changing the prescribed uniform would undermine firefighter identification and interfere…
Federal Union of Scientists and Engineers, NAGE Local R1-144 and U.S. Department of the Navy, Naval Underwater Systems Center
Naval Underwater Systems Center layoff proposals (FLRA 0-NG-1285): Appeal stay negotiable
A union at the Navy's Naval Underwater Systems Center proposed three terms for employees affected by a reduction in force. The Authority rejected a proposed competitive area that covered employees outside the bargaining unit and a requirement to terminate specified temporary and part time workers…
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.