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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Internal Revenue Service and Omaha District, Nebraska and National Treasury Employees Union, Chapter 3
IRS Omaha promotion records (FLRA 7-CA-60098): Agency ordered to provide union information
NTEU Chapter 3 requested performance records to investigate a grievance over an IRS Omaha District promotion. The IRS supplied the promotion appraisal but withheld the selected employee's annual appraisal and supporting records, citing privacy. On the parties' stipulated record, the Authority found…
Kitt Energy Corporation
Back pay and remedies ordered after discrimination finding
An earlier decision found that Kitt Energy Corporation discriminated against 26 complainants under section 105(c) of the Mine Act. In this supplemental decision, Judge Roy J. Maurer rejected the United Mine Workers of America's request for additional weekend overtime pay because the claim was…
Duval Corporation
Discrimination complaint dismissed as untimely
Leonardo R. Lamas brought a Mine Act discrimination complaint against Duval Corporation after his employment was terminated in 1983. He filed with MSHA more than two years later and then filed a second complaint with the Commission after MSHA found no violation. Judge Michael A. Lasher, Jr. found…
Amarillo Road Company
Conveyor citation vacated
Amarillo Road Company operated a limestone mine and crushing operation with 16 to 18 miners. MSHA cited the company after an employee went under an unsecured conveyor section and suffered two broken legs and a broken back. Judge George A. Koutras found that the company was not negligent and that…
Department of the Army, U.S. Army Missile Command, Redstone Arsenal and American Federation of Government Employees, Local 1858
Redstone Arsenal arbitration compliance (FLRA 4-CA-60204): Complaint dismissed
An arbitrator found that Redstone Arsenal improperly reassigned an employee and ordered a promotion with backpay. In an earlier decision, the Authority removed that remedy because the arbitrator had not found that the employee otherwise would have been promoted. The General Counsel later alleged…
American Federation of Government Employees and Social Security Administration
SSA union official time claims (FLRA 0-AR-1207): Compensatory time changed to straight-time pay
An arbitrator sustained grievances over Social Security Administration denials of official time for union representatives in its New York Region. The agency challenged several bench awards, including a compensatory time remedy for work done outside duty hours. The Authority held that union…
Eastern Associated Coal Corporation
Discrimination complaint withdrawn and dismissed
The Secretary, with the individual complainant's consent, asked to withdraw a Mine Act discrimination complaint against Eastern Associated Coal Corporation. Judge Gary Melick granted permission to withdraw the complaint under 29 C.F.R. § 2700.11. The case was dismissed.
Consolidation Coal Company
Walk-around lunch loss found discriminatory
Charles F. Rose, a miner representative, accompanied an MSHA inspector during a regular underground inspection at Consolidation Coal Company's Pursglove No. 15 Mine. The company required him to return to work after the inspection without a continuous half-hour lunch period. Judge Avram Weisberger…
Nelson Trucking
Noise citation affirmed with $20 penalty
Nelson Trucking operated a small sand and gravel business with four employees. MSHA found that a front-end-loader operator's eight-hour noise exposure was 2.68 times the permissible level, equivalent to 97 dBA, and cited the company for failing to use feasible engineering controls. Judge Michael A…
Nelson Trucking
Noise citation affirmed with $20 penalty
Nelson Trucking operated a small sand and gravel business with four employees. MSHA found that a front-end-loader operator's eight-hour noise exposure was 2.68 times the permissible level, equivalent to 97 dBA, and cited the company for failing to use feasible engineering controls. Judge Michael A…
A.C. Dellovade, Inc.
Willful fall-protection violations affirmed
A.C. Dellovade employees installed metal ceiling panels high inside a large A-frame building. One employee tied his lanyard to a movable wooden plank that served as his work platform, and he fell about 40 feet to his death when the plank became dislodged. The Commission found that the lifeline was…
Department of the Treasury, U.S. Customs Service, Region IX and National Treasury Employees Union
Detroit customs inspector shifts (FLRA 5-CA-30046): Backpay ordered on remand
The Customs Service changed Detroit airport inspectors' work hours without bargaining, and some inspectors lost overtime pay. A court sent the case back for a fuller explanation of the Authority's earlier denial of backpay. On remand, the Authority found that the parties' stipulation supported…
National Maritime Union of America and Department of the Navy, Military Sealift Command
Military Sealift Command crew pay (FLRA 0-NG-694): Five proposals negotiable
The National Maritime Union proposed five pay terms for Military Sealift Command vessel crews, including compensation for watch assignments and other shipboard work. The Navy argued that federal pay law reserved these decisions to the agency. The Authority held that the relevant statute left the…
Dee Gold Mining Company
Discrimination proceeding settled and dismissed
Joseph E. Timko brought a Mine Act discrimination proceeding against Dee Gold Mining Company. The parties reached a settlement on the first day of the hearing, under which the company agreed to pay $925, less customary withholding deductions, in full satisfaction of the claims and requested…
Jefferson County Road & Bridge Department
Mine Act jurisdiction upheld and citations affirmed
Jefferson County operated gravel pits whose material was used on county roads, and the operation used equipment manufactured outside Colorado. The judge held that the Mine Act applied to the county operation because the gravel pits were mines that affected interstate commerce. He also found that…
Department of the Interior, Bureau of Reclamation, Mid-Pacific Region and National Federation of Federal Employees, Local 951
Reclamation travel advances (FLRA 9-CA-50283): Higher agency interference found
The Bureau of Reclamation's Mid-Pacific Region cut cash travel advances for frequent travelers from 80 percent of estimated expenses to $25 a day while the local union sought bargaining. The Authority found that the Department of the Interior and the bureau had instructed the region to make the…
D.A. & S. Oil Well Servicing, Inc.
Respirator violation became final after review brief was missed
D.A. & S. serviced an oil and gas well in an area where highly toxic hydrogen sulfide could be encountered, but it had no emergency respirators at the site. The judge found that engineering controls could fail and affirmed a serious respiratory-protection violation with a $280 penalty. He vacated…
International Plate Printers, Die Stampers and Engravers Union, Local 2 and Department of the Treasury, Bureau of Engraving and Printing
Bureau of Engraving and Printing contract (FLRA 0-NG-364): Some local provisions approved
The Bureau of Engraving and Printing disapproved 36 provisions of a locally negotiated agreement with plate printers and engravers. The Authority found some provisions within the duty to bargain, including terms on union representation, selected shift and seniority rules, a safety committee, and…
Benjamin Coal Company
Miners' representatives entitled to accompany MSHA inspector
Benjamin Coal Company barred two United Mine Workers of America health and safety representatives from accompanying an MSHA inspector during a spot inspection requested by four miners. Judge George A. Koutras held that the four miners had designated the UMWA, which in turn designated Barry Mylan…
Internal Revenue Service, Austin Service Center and National Treasury Employees Union, Chapter 72
IRS Austin arbitration compliance (FLRA 6-CA-50349): Complaint dismissed
An arbitrator directed the IRS Austin Service Center to restore an employee to her job without backpay but without loss of other benefits. The union and General Counsel argued that the service center had not complied because it did not credit leave and other benefits for the entire period she had…
Naval Ordnance Station, Louisville, Kentucky and International Association of Machinists and Aerospace Workers, Local 830
Louisville Naval Ordnance Station arbitration (FLRA 0-AR-1171): Union exception denied
Machinists Local 830 challenged an arbitrator's award involving the Naval Ordnance Station in Louisville. The Authority found that the union had not shown the award was contrary to law, rule, or regulation, or otherwise deficient under the statutory standard for arbitration review. It denied the…
Consolidation Coal Company
Civil penalty settlement approved
Consolidation Coal Company was involved in a Mine Act civil penalty proceeding concerning the Osage No. 3 operation. The Secretary asked the judge to approve a settlement that reduced the proposed penalty from $1,055 to $355. Judge Gary Melick found the settlement appropriate under the Act's…
Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan
Terco, Inc. and others (FMSHRC KENT 86-131-D): Settlement-based dismissal approved
The Secretary of Labor brought discrimination proceedings involving Robert B. Corbin and James Corbin against Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan. With the individual complainants' consent, the Secretary asked to withdraw both complaints because the parties had reached a…
Department of Justice, Immigration and Naturalization Service, El Paso District Office and American Federation of Government Employees, Local 1210
El Paso inspection lane rotation (FLRA 6-CA-50166): Thirty-minute schedule restored
Immigration inspectors at the El Paso port of entry had rotated off vehicle inspection lanes every 30 minutes under an agreement addressing vehicle fumes. The district office extended the rotation to about an hour before completing bargaining with AFGE Local 1210. The Authority held that the length…
American Federation of Government Employees, Local 1760 and Department of Health and Human Services, Social Security Administration
SSA employee audit proposals (FLRA 0-NG-445): Selected information terms negotiable
AFGE Local 1760 proposed rules for auditing Social Security Administration inquiry and expediting specialists. The Authority found negotiable provisions about explaining the audits and performance standards to employees and the union, along with part of a proposed delay in adverse personnel actions…
Tidewater Virginia Federal Employees Metal Trades Council and Department of the Navy, Navy Public Works Center, Norfolk
Norfolk Navy work schedule and rating proposals (FLRA 0-NG-1160): Petition dismissed
The Tidewater Virginia Federal Employees Metal Trades Council proposed limits on workweek and shift changes and rules for employee ratings at the Navy Public Works Center in Norfolk. The Authority held that three schedule proposals conflicted with federal work scheduling law and regulations. It…
Colorado Materials Co., Inc.
Crusher guarding citation affirmed after fatal accident
Colorado Materials operated a limestone crushing plant in Austin, Texas. The judge found that a crusher operator was fatally injured while attempting to remove a rock with the engine running and the machinery unblocked. The judge held that the cited blocking standard applied, that the company had…
Southern Ohio Coal Company
Mixed contest and penalty dispositions
Southern Ohio Coal Company challenged multiple MSHA citations and orders involving muddy haulage roads, unsupported roof, exposed electrical equipment, an unguarded fluid coupler, and an unsafe slope near a highwall. Judge William Fauver approved settlements in several matters, affirmed several…
National Federation of Federal Employees, Local 1374 and Pacific Missile Test Center, Department of the Navy
Pacific Missile Test Center overtime status (FLRA O-NG-1271): Union petition dismissed
NFFE Local 1374 proposed that the Pacific Missile Test Center independently reconsider a GS-11 or higher employee's exemption from Fair Labor Standards Act overtime when the employee challenged it. The Authority held that federal personnel regulations required Office of Personnel Management…
Warner Robins Air Logistics Center, Department of the Air Force and American Federation of Government Employees, Local 987
Warner Robins suspension arbitration (FLRA O-AR-1129): Union exceptions denied
An arbitrator upheld a five-day suspension of a Warner Robins Air Logistics Center employee for leaving his work area without permission and threatening a supervisor. The union challenged the award after its representative and the employee declined to participate in the hearing when the arbitrator…
Department of the Air Force, Headquarters 832D Combat Support Group, Luke Air Force Base and American Federation of Government Employees, Local 1547
Luke Air Force Base arbitration compliance (FLRA 8-CA-50167): Lost shift pay ordered
An arbitrator found that Luke Air Force Base improperly moved two employees from a swing shift and ordered a return to the prior position. The Air Force restored their shift assignments but refused to repay the premium pay they lost. The Authority held that the final award included that pay and…
Department of the Treasury, Internal Revenue Service, Wichita District and National Treasury Employees Union
Wichita IRS reconsideration motion (FLRA 7-CA-30514): Late motion dismissed
The IRS Wichita District asked the Authority to reconsider an October 22, 1986 decision on remand. The reconsideration rules gave it until November 10 to file, after accounting for mail service and the filing time rules. The IRS filed on December 12. The Authority dismissed the motion as untimely…
Department of Defense, Department of the Army, Fort Buchanan and American Federation of Government Employees, Local 2614
Fort Buchanan exchange privileges (FLRA 42-CA-40232): Complaint dismissed
Civilian employees at Fort Buchanan in Puerto Rico had used the post exchange for many years. After a Defense Department directive restricted access, the Army ended those privileges and declined to bargain over the decision. The Authority majority found that the record did not show the shopping…
Department of Commerce, Bureau of the Census and Edward Hanlon
Census Bureau tripod display request (FLRA 3-CA-50375): Complaint dismissed
A Census Bureau employee asked to place employee-owned tripods displaying labor organization messages in nonwork areas of the bureau's Suitland facilities. The bureau denied the request under a policy allowing such displays for established groups but not individual employees. The Authority held…
Internal Revenue Service and National Treasury Employees Union
IRS college instructor program (FLRA 3-CA-40436): Bargaining required
The IRS began a program placing employees as instructors at historically Black colleges and universities without advance notice to NTEU. The Authority found that these placements could affect selected employees and the workloads of those who stayed, even though the instructor positions were outside…
Social Security Administration and American Federation of Government Employees, Local 547
SSA claims processing suspension (FLRA 0-AR-1148): Union exceptions denied
An arbitrator upheld a 12-day suspension of a Social Security claims representative after delays in entering claims from people with urgent needs. AFGE Local 547 argued that the arbitrator cut the hearing short and relied on mistaken facts. The Authority found no showing that relevant evidence had…
Klimczak v. General Crushed Stone Co., Inc.
New-hearing motion denied
Leo Klimczak asked the Commission for a new hearing in his discrimination case based on alleged new evidence. The Commission explained that, after the matter had been reviewed by the Second Circuit, jurisdiction over a request to introduce additional evidence rested with that court while the…
Kelley Trucking Company
Default order vacated and remanded
Kelley Trucking failed to answer the Secretary’s complaint and a later show-cause order, leading an ALJ to enter a default order assessing a $400 civil penalty. The Commission treated the company president’s later handwritten letter as a late request for discretionary review and considered the…
U.S. Department of Commerce, NOAA, National Marine Fisheries Service, Northeast Region and International Organization of Masters, Mates and Pilots
Foreign fisheries observers bargaining unit (FLRA 1-CU-50002): Clarification petition dismissed
NOAA asked to add temporary intermittent foreign fisheries observers to a unit of permanent part-time observers represented by the International Organization of Masters, Mates and Pilots. The Authority found that both groups did the same work aboard fishing vessels under common supervision and…
National Labor Relations Board Union and National Labor Relations Board, Office of the General Counsel and the Board
NLRB employee information proposal (FLRA 0-NG-900): Bargaining ordered
The National Labor Relations Board Union proposed annual lists of bargaining unit employees with names, mailing addresses, position details, and dates of promotion. The NLRB argued that the Privacy Act barred disclosure of home addresses and that the union had other ways to contact employees…
American Federation of Government Employees, Local 987 and Department of the Air Force, Warner Robins Air Force Logistics Center, Robins Air Force Base
Robins Air Force Base Gate 12 (FLRA 0-NG-1309): Gate access proposal dismissed
AFGE Local 987 wanted Robins Air Force Base to keep Gate 12 open on its existing schedule so employees could reach jobs near the Strategic Air Command area without a longer drive through traffic. The Air Force planned to close the gate to secure the flight line. The Authority found that the…
American Federation of Government Employees, National GSA Council 236, Local 1497 and General Services Administration, Region 3
GSA Baltimore and Fort Meade competitive areas (FLRA 0-NG-1190): Two proposals negotiable
GSA proposed a separate competitive area for employees at Fort Meade, and AFGE Local 1497 submitted four proposals concerning a possible reduction in force. The Authority rejected a proposal that would set a competitive area covering employees outside the union's bargaining unit and found another…
U.S. Department of Housing and Urban Development, Region VI and San Antonio Area Office and American Federation of Government Employees, Local 3320
HUD San Antonio union president fees (FLRA 6-CA-20311): Attorney awarded $2,372.50
HUD suspended Local 3320 president Phillip Aguirri for letters he posted during a labor dispute. An earlier Authority order set aside the suspension and awarded back pay because the discipline violated the labor statute. Here the Authority found that attorney fees were warranted in the interest of…
Department of the Air Force, Headquarters Air Force Logistics Command, Wright-Patterson Air Force Base and American Federation of Government Employees, Council 214
Air Force grievance over combined arbitrations (FLRA 5-CA-60110): Complaint dismissed
AFGE Council 214 alleged that the Air Force committed an unfair labor practice by filing a grievance over a local union's practice of combining cases for arbitration. A prior arbitration award had allowed combined grievances in a command level proceeding, but the Air Force's later grievance…
Equal Employment Opportunity Commission and Edgard Martinez
EEOC employee grievance references (FLRA 3-CA-50243): Notice violation found, discharge claim dismissed
EEOC attorney Edgard Martinez filed four grievances about changes to his work and was later discharged. The Authority agreed that filing and actively pursuing grievances was protected activity and that the agency had considered it. It nevertheless found that the EEOC would have discharged Martinez…
Department of the Navy, Northern Division, Naval Facilities Engineering Command and National Federation of Federal Employees, Local 1430
Navy incentive awards committee (FLRA 2-CA-1091): Bargaining and restoration ordered
The Navy removed review of several employee awards and ratings from a committee on which NFFE Local 1430 had an observer role. After a court reversed the Authority's earlier ruling and remanded for a remedy, the Authority held that the unilateral change required a return to the prior arrangement…
Veterans Administration Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85
Leavenworth VA asbestos pay award (FLRA 0-AR-1127): Agency exceptions denied
An arbitrator awarded environmental differential pay to certain Wage Grade employees exposed to airborne asbestos at the Leavenworth VA medical center. He also addressed hazardous duty pay for General Schedule employees only to the extent permitted by regulations and directed the agency to request…
American Federation of Government Employees, National Council of Social Security Field Office Locals and Department of Health and Human Services, Social Security Administration
Social Security display terminal workstations (FLRA 0-NG-1076): Thirteen proposals negotiable
AFGE proposed rest breaks for employees using video display terminals, adjustable furniture and related workstation conditions, and a minimum office temperature. The Social Security Administration argued that the proposals interfered with its rights to assign work and choose technology, or…
American Federation of Government Employees, Local 916 and Department of the Air Force, Tinker Air Force Base
Tinker Air Force Base arbitration appeal (FLRA 0-AR-1264): Late exceptions dismissed
AFGE Local 916 filed exceptions to an arbitration award involving Tinker Air Force Base. The award was dated September 24, 1986 and appeared to have been mailed that day. Under the applicable filing rules, the exceptions were due October 28. The union filed them November 5, so the Authority…
U.S. Department of Commerce, Patent and Trademark Office and Patent Office Professional Association
Patent Office interest arbitration award (FLRA 0-AR-1176): Late exceptions dismissed
An arbitrator resolved an impasse between the Patent and Trademark Office and the Patent Office Professional Association on April 29, 1986. He issued a revision on May 27, but did not materially change the provisions the agency challenged. The Authority held that the April award was final and that…
U.S. Army Armament Research, Development, and Engineering Center and National Federation of Federal Employees, Local 1437
Army travel payment grievance (FLRA 0-AR-1168): Exceptions outside Authority jurisdiction
An Army employee was removed after submitting allegedly false travel vouchers, then reinstated under a settlement that treated his time off as a suspension. A later grievance challenged the Army's demand that he repay $6,941.73. The arbitrator found the repayment dispute outside arbitration. The…
U.S. Customs Service and National Treasury Employees Union
Customs inspectors' temporary details (FLRA 9-CA-50404): Back pay question remanded
Two Customs inspectors in the Seattle District filed grievances about overtime opportunities and were later sent on temporary assignments at other ports. The Authority adopted the judge's finding that the assignments were retaliatory and that Customs' stated reasons were pretexts. The judge had…
U.S. Immigration and Naturalization Service and American Federation of Government Employees, Local 1917
INS New York work changes (FLRA 2-CA-1151, 2-CA-20037): One complaint sustained
The INS New York District replaced three local agreements covering work procedures after giving AFGE Local 1917 notice, meeting with it, and inviting further proposals. The Authority found that INS had satisfied any bargaining duty for that replacement and dismissed the first complaint. Later, INS…
Veterans Administration West Los Angeles Medical Center and American Federation of Government Employees, Local 3943
West Los Angeles VA nurses' break room (FLRA 8-CA-50393): Bargaining ordered
The VA's Wadsworth Hospital converted a room used by cardiology nurses for reports and breaks into a head nurse's private office. The replacement break room was farther from the patient care area, where nurses on break could no longer hear calls for help. The judge viewed the move as too minor to…
Veterans Administration Medical Center, Phoenix, Arizona and American Federation of Government Employees, Local 2382
Phoenix VA union secretary duty time (FLRA 8-CA-50153): Unilateral withdrawal unlawful
AFGE Local 2382 arranged with a supervisor for its secretary to use specified duty time to type grievances, bargaining proposals, and other communications with management. The Phoenix VA medical center later stopped the arrangement without bargaining. The Authority adopted the judge's finding that…
U.S. Army Adjutant General Publication Center, St. Louis and American Federation of Government Employees, Local 2761
Army Publication Center picnic (FLRA 7-CA-40547): Bargaining complaint dismissed
The Army Adjutant General Publication Center had held employee picnics for years, including three recent events on its premises during working hours. Management cancelled the planned 1984 picnic without bargaining with AFGE Local 2761. Reversing the judge, the Authority majority found that the…
U.S. Department of Agriculture and Farmers Home Administration, Little Rock, Arkansas and National Federation of Federal Employees, Local 108
USDA union representative travel expenses (FLRA 6-CA-50489): Department violation found
The Little Rock Farmers Home Administration office had a collective bargaining agreement with NFFE Local 108 providing for travel and per diem expenses for certain union representation work. USDA issued a directive declaring such agreement terms unenforceable, and the office refused to pay expenses…
U.S. Department of Labor, Occupational Safety and Health Administration and AFGE National Council of Field Labor Locals, Local 644
OSHA Philadelphia hygienist assignments (FLRA 2-CA-40440): Bargaining violation found
OSHA assigned four GS-12 industrial hygienists in its Philadelphia Area Office to rotating periods of administrative work without notifying their union. The judge found the change too minor to require bargaining, but the Authority applied a revised standard focused on the nature and foreseeable…
Defense Logistics Agency, Defense Property Disposal Service, Memphis and American Federation of Government Employees, Local 2501
Memphis defense property arbitration appeal (FLRA O-AR-1271): Late exceptions dismissed
AFGE Local 2501 mailed exceptions to a Defense Property Disposal Service arbitration award on November 21, 1986. The applicable deadline required receipt at the Authority's national office by November 24. The exceptions arrived November 26. The Authority dismissed them as untimely without reaching…
Austin Bridge Company
Crane-boom citations vacated by settlement
An Austin Bridge employee died when a crane boom fell during disassembly after the pendant lines were not moved to the section being removed. OSHA alleged inadequate safety instruction and failure to follow the crane manufacturer's manual. The judge found that the experienced crew had been…
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.