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 32 and Office of Personnel Management
AFGE Local 32 and OPM (FLRA O-NG-908): Director signature proposal nonnegotiable
AFGE Local 32 proposed that every grievance filed by the Office of Personnel Management be signed by OPM's director. The Authority found that this would assign a specific duty to the director and prevent management from giving that task to someone else. It held the proposal outside the duty to…
National Association of Government Employees and Department of the Interior
NAGE and Interior Department (FLRA O-NG-882): Shift notice provision approved
NAGE and the Interior Department agreed that employees would receive two weeks' notice, or as much notice as reasonably feasible, before shift or duty-hour changes, with an exception for emergencies. The agency head disapproved the provision. The Authority held that advance notice was a negotiable…
National Association of Government Employees, Local R-12-33, National Federation of Federal Employees, Local 1374 and Pacific Missile Test Center
Pacific Missile Test Center (FLRA O-NG-578): Island travel proposal nonnegotiable
Two unions proposed counting employee check-in and travel by aircraft or boat to offshore duty stations as hours of work. The Authority read the proposal as requiring the Pacific Missile Test Center to use part of the regular workday for waiting and travel, leaving less time for other assignments…
National Federation of Federal Employees, Local 29 and Department of the Army, Kansas City District, Corps of Engineers
NFFE Local 29 and Army Corps (FLRA O-NG-474): Performance proposals partly negotiable
NFFE Local 29 proposed four performance appraisal terms for the Army Corps' Kansas City District. The Authority held that Proposals 1 through 3 would set performance requirements or rating levels reserved to management and dismissed the petition as to those proposals. Proposal 4 addressed…
American Federation of Government Employees, Local 2736 and Department of the Air Force, 379th Combat Support Group, Wurtsmith Air Force Base
AFGE Local 2736 and Wurtsmith Air Force Base (FLRA O-NG-471): Contracting proposals split on remand
After a court vacated an earlier procedural dismissal, the Authority decided three AFGE Local 2736 proposals about contracting work out at Wurtsmith Air Force Base. It held that two proposals prescribing how to conduct cost studies would interfere with management's right to decide whether to…
U.S. Department of Labor and American Federation of Government Employees, Local 12
Department of Labor (FLRA O-AR-648): Probationary grievance ruling set aside
The Department of Labor terminated a probationary employee. An arbitrator ruled that a grievance over the termination could proceed under the parties' negotiated procedure. The agency challenged that ruling. The Authority held that governing law and regulation excluded grievances concerning…
Secretary of Labor (MSHA) v. Peabody Coal Company
Two citations upheld, one vacated
MSHA brought three citations against Peabody Coal after two fatal accidents at its River Queen Strip mine. One concerned a bulldozer whose engine could not reliably be shut down from inside the cab; two concerned highwall conditions at another work area. Judge George A. Koutras upheld the unsafe…
Department of the Air Force, Scott Air Force Base and National Association of Government Employees, Local R7-23
Scott Air Force Base (FLRA 5-CA-381 et al.): Union official's complaint dismissed
A union president at Scott Air Force Base argued that supervisors pressured him about time spent on union duties and lowered his performance appraisal because of his union activity. An administrative law judge found that the Air Force had not committed the alleged unfair labor practices and…
Fire Department, U.S. Army Infantry Center, Fort Benning and American Federation of Government Employees, Local 54
Fort Benning Fire Department (FLRA 4-CU-30005): Firefighters included in bargaining unit
The union representing nonsupervisory fire department employees at Fort Benning asked the Authority to include seven employees classified as Supervisory Firefighters. Although the title suggested supervisory work, the record showed that they followed schedules set by the Fire Chief and Assistant…
Department of the Air Force, Hanscom Air Force Base and National Federation of Federal Employees, Locals 1384 and 975
Hanscom Air Force Base (FLRA 1-CU-40 and 1-CU-41): Authority clarifies two bargaining units
Hanscom Air Force Base petitioned to remove employees from two bargaining units represented by separate National Federation of Federal Employees locals. The Authority found that employees who directed civilian subordinates or effectively recommended personnel actions with independent judgment were…
Westmoreland Coal Company v. Secretary of Labor (MSHA)
Ventilation order vacated after calculation error
MSHA issued a withdrawal order against Westmoreland Coal after an inspector calculated that a working section at Hampton No. 3 Mine had less air than required by 30 C.F.R. § 75.301. Westmoreland contested the order, and MSHA sought a civil penalty. Before the hearing, the inspector acknowledged…
Secretary of Labor (MSHA) v. Monterey Coal Company
Conveyor travelway citation vacated
MSHA cited Monterey Coal for failing to keep a 24-inch travelway clear along its Main North Belt Conveyor at No. 1 Mine and proposed a $20 penalty. Monterey disputed whether 30 C.F.R. § 75.1403-5(g) applied to the coal conveyor condition. Judge George A. Koutras found the facts and legal issue…
Matter of Fedorenko
Nazi camp service supported deportation
The respondent, a Ukrainian citizen, had entered the United States under the Displaced Persons Act and later became a naturalized citizen. After a federal denaturalization judgment found that he had concealed his wartime service as a guard at the Treblinka concentration camp, the Service brought…
Matter of Dilla
Seven-year presence required literal continuity
The respondent, a Filipino temporary worker who had lived and worked in Guam, was found deportable after overstaying his authorized admission. He sought suspension of deportation, but had returned to the Philippines five times for periods of eight to twelve weeks while renewing work contracts and…
Todilto Exploration and Development Corporation v. Secretary of Labor (MSHA)
Drill noise citation upheld on remand
MSHA cited Todilto Exploration after a jackleg drill operator at its underground uranium mine was exposed to excessive noise without a muffler on the drill. An earlier ALJ ruling had rejected the citation, but the Commission remanded the case under its interpretation of the feasibility requirement…
Cerro Copper Products Co.
Settlement remanded for service on employee representative
The record did not show that the settlement agreement had been served on the authorized employee representative. The representative had elected party status, making service mandatory under two Commission procedural rules. The Commission directed review and remanded to the administrative law judge…
Monterey Coal Company v. Secretary of Labor (MSHA)
Electrical and roof citations upheld
MSHA cited Monterey Coal after finding a trolley wire touching metal roof structures and unsafe roof and rib conditions near circuit breakers at its No. 1 Mine. Monterey contested the citation, withdrawal order, and later modification adding a roof control charge. Judge James A. Broderick found the…
Secretary of Labor (MSHA) on behalf of James McNeil Taylor v. Buck Garden Coal Company
Secretary of Labor on behalf of James McNeil Taylor v. Buck Garden Coal Company (FMSHRC WEVA 83-241-D): $5,000 discrimination settlement approved
The Secretary of Labor brought a discrimination case on behalf of miner James McNeil Taylor against Buck Garden Coal Company. The parties reached a settlement that Judge Joseph B. Kennedy found consistent with the Mine Act and in Taylor's interest. The judge approved withdrawal of the complaint and…
Secretary of Labor (MSHA) on behalf of Milton Bailey v. Arkansas-Carbona Company and Michael Walker
Secretary of Labor on behalf of Milton Bailey v. Arkansas-Carbona Company and Michael Walker (FMSHRC CENT 81-13-D): Back pay and interest set on remand
The Commission remanded Milton Bailey's discrimination case to determine the end date and amount of his back pay and interest. Bailey limited his wage claim to April 12, 1982, when Arkansas-Carbona Company and Michael Walker ceased business operations, even though he later told the Secretary he no…
Badger Coal Company v. Secretary of Labor (MSHA)
Imminent danger finding vacated, electrical penalties assessed
Badger Coal contested an imminent danger order and an electrical citation after work on a high voltage circuit breaker at its Grand Badger No. 1 Mine. Judge Richard C. Steffey vacated the order's imminent danger finding and rejected the alleged violation of 30 C.F.R. § 75.509. He upheld a separate…
New England Telephone and Telegraph Company
Citation withdrawal granted
The Secretary filed a notice withdrawing the citation against New England Telephone and Telegraph Company. The Commission treated the notice as a motion to withdraw and granted it. The official release does not identify the cited standard, alleged condition, penalty, or reason for withdrawal.
Secretary of Labor (MSHA) v. Rockline, Incorporated
Refusal of inspection citation upheld
An MSHA inspector arrived to inspect Rockline's portable rock crushing operation in Oregon, but the company's president refused to let him inspect unless a U.S. marshal accompanied him. Rockline argued that the inspector had driven past its visitor signs and should have reported to the office…
Custom Electrical Contractors, Inc.
Settlement order vacated and case remanded
The judge approved a settlement agreement between the Secretary and Custom Electrical Contractors. The employer then objected, alleging that it had been misled during the negotiations and had good cause to set the settlement aside. The Commission treated the employer's petition as a motion to…
Department of Health and Human Services, Region VII and National Treasury Employees Union
HHS Region VII (FLRA 7-CA-669): Agreed negotiation ground rules must be put in writing on request
The National Treasury Employees Union and HHS Region VII agreed on ground rules for collective bargaining negotiations. The union asked the agency to sign a written document recording those rules, but the agency refused, arguing that the duty to sign applied only to a completed collective…
Secretary of Labor (MSHA) v. Westmoreland Coal Company
Penalty case dismissed after citation withdrawn
MSHA sought a civil penalty against Westmoreland Coal for an alleged violation of 30 C.F.R. § 75.305 at Hampton No. 3 Mine. MSHA then vacated Citation 2037679 as issued in error. The agency explained that Westmoreland was still following an abatement method MSHA had previously accepted for the same…
Secretary of Labor (MSHA) v. Claude C. Wood Company
Guarding citation vacated; seven explosives-storage citations upheld
MSHA cited Claude C. Wood Company, operator of the Camp Connell Rock Quarry, for an unguarded conveyor pulley and seven conditions involving explosives magazines. Judge John J. Morris vacated the guarding citation because the pulley was inaccessible to workers and the Secretary did not prove a…
National Federation of Federal Employees, Local 1694 and Oklahoma Army National Guard
Oklahoma Army National Guard (FLRA O-NG-633): Technician qualification proposal negotiable
NFFE Local 1694 proposed removing a sentence from civilian National Guard technician position descriptions that allowed a specific military specialty code to be required. The Oklahoma Army National Guard argued that the code identified qualifications needed for the civilian job. The Authority found…
National Treasury Employees Union and Department of the Treasury, Internal Revenue Service
NTEU and IRS (FLRA O-NG-421): Four contract provisions negotiable, two rejected
The Internal Revenue Service disapproved six provisions in nationwide agreements with the National Treasury Employees Union. The Authority found provisions on later government rules, delaying work reassignment during classification appeals, prime shift requests, and inverse seniority for certain…
U.S. Department of Transportation, Federal Railroad Administration and American Federation of Government Employees, Local 2814
Federal Railroad Administration (FLRA O-AR-356): Moving-expense remedy revised
The Federal Railroad Administration paid moving expenses for an employee who moved into a railroad safety inspector position after its vacancy notice had said those expenses would not be paid. An arbitrator found a contract and travel-rule violation and offered the agency three alternative…
Secretary of Labor (MSHA) v. Green Hill Mining Co., Inc.
$134 default order affirmed after payment
MSHA proposed $134 in penalties for four citations against Green Hill Mining. The company did not answer the penalty petition or a later show cause order, so the Chief ALJ entered a default order requiring payment. Green Hill asked the Commission to treat its earlier $134 payment to MSHA as a…
Federal Aviation Administration, Oakland Air Route Traffic Control Center and Western Region, Professional Air Traffic Controllers Organization
FAA Oakland Air Route Traffic Control Center (FLRA 9-CA-581): Radio remarks did not violate labor law
An FAA facility chief criticized the air traffic controllers' union during a radio interview about air safety. An Administrative Law Judge found that the remarks unlawfully interfered with employees' labor rights. The Authority disagreed and dismissed the complaint. It found that the comments…
The Adjutant General, State of Georgia, Department of Defense, Military Division and Georgia Association of Civilian Technicians
Georgia Air National Guard (FLRA 4-CU-30007): Six jobs excluded from bargaining unit
The Georgia Association of Civilian Technicians represented a unit of Georgia Air National Guard technicians. The Guard sought to exclude employees in seven job classifications as supervisors or management officials. The Authority excluded six classifications because their incumbents assigned and…
Headquarters, 1947th Administrative Support Group, U.S. Air Force and American Federation of Government Employees, Graphic Arts International Union, Council of Headquarters, USAF Locals
Air Force Headquarters Support Group (FLRA 3-CU-61 and 3-AC-35): Unit clarified and certification updated
The Air Force asked the Authority to update the name of an activity in a bargaining-unit certification and to decide whether numerous employees should be excluded from the unit. The Authority approved the name change, finding no evidence that it lowered the union's level of recognition. It excluded…
Department of the Treasury, Bureau of the Public Debt and National Treasury Employees Union and Chapter 190
Bureau of the Public Debt (FLRA 3-CA-20416): Travel time granted, travel expenses denied
The Bureau of the Public Debt denied a union representative official time for travel to contract negotiations and refused to pay his travel and per diem expenses. The Authority found that the denial of official time violated federal labor law. It ordered the Bureau to grant the time and restore any…
Department of Defense Dependents Schools and Overseas Education Association
Defense Dependents Schools (FLRA 3-CA-1952): Ground rules travel qualifies for official time
The Defense Dependents Schools granted a union negotiator official time for ground rules meetings but denied it for his related travel. It also refused to reimburse his travel and per diem expenses. The Authority held that ground rules meetings are part of collective bargaining, so denying official…
Secretary of Labor (MSHA) v. Mineral Coal Sales, Inc.
Four citations upheld at coal siding
MSHA cited Mineral Coal Sales for two employment reporting violations, a missing noise survey, and a missed first aid refresher at its Mineral Siding coal facility. The company argued that the siding was only a loading business outside the Mine Act and that other businesses employed the workers…
Anthony Lester, Member I.A.M.A.W.
Employee abatement-date contest remanded
Employee Anthony Lester challenged citations and amendments negotiated informally by OSHA, Ladish Company, and Lester's union before any employer notice of contest was filed. The judge dismissed Lester's notice because the employees had an authorized union representative. The Commission held that…
National Treasury Employees Union and Federal Deposit Insurance Corporation
FDIC (FLRA O-NG-430): Longer window for compensatory time negotiable
NTEU proposed letting employees use earned compensatory time through the end of the leave year or within six pay periods, whichever came later. The FDIC's rule allowed only two succeeding pay periods, and the agency said its rule was needed to avoid scheduling and recordkeeping problems. The…
Secretary of Labor (MSHA) v. Scoria Products Branch, Ultro, Inc.
Eight mine safety citations upheld
MSHA cited Scoria Products Branch, Ultro, Inc. for eight safety violations at its small cinder mine, including missing protective gear, unguarded equipment, and electrical hazards. Scoria's representative did not appear at the hearing and later said he had forgotten the date; Judge Virgil E. Vail…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 3342
Social Security Administration (FLRA O-AR-674): Probationary employee award set aside
The Social Security Administration terminated an employee for poor performance during his probationary period. An arbitrator heard the employee's grievance, found the separation improper, and ordered reinstatement with backpay and benefits. The Authority held that the governing probationary…
Secretary of Labor on behalf of John Cooley v. Ottawa Silica Company
Discrimination finding upheld; remedy remanded
John Cooley refused to light a silica sand dryer's pilot flame by hand because he believed the method was unsafe, and Ottawa Silica Company discharged him. The Commission upheld the judge's finding that Cooley's work refusal was protected and that the discharge violated the Mine Act. It also upheld…
Pontiki Coal Corporation v. Secretary of Labor (MSHA)
$7,500 settlement approved
Pontiki Coal contested four violations arising from hazardous conditions along the main belt entries at its No. 2 Mine. Judge Joseph B. Kennedy rejected a proposed $1,900 settlement and approved a $7,500 settlement, allocating the payment equally among the four violations. His decision also called…
The Horvitz Company
Serious excavation violation affirmed
Horvitz constructed sewers and catch basins in an excavation about seven feet deep. Before the hearing, the judge allowed the Secretary to amend the citation from the trenching standard to alternatively allege that the excavation lacked protection against moving ground under section 1926.651(c)…
Davey Tree Expert Company and Florida Power and Light Company, Intervenor
Power-line tree-trimming citation vacated
A Davey Tree employee was electrocuted when a partly cut limb unexpectedly swung into a 240,000-volt transmission line. The Secretary alleged a general duty clause violation and proposed measures including topping, roping, notching, pulling, insulating or deenergizing the line, and additional…
Bethlehem Steel Corporation, Fabricated Steel Construction Div.
Falling-object general duty citation vacated
Bethlehem Steel employees removing rails and metal pieces from an inclined blast-furnace skip hoist worked above a winch operator who was later struck and blinded by a falling lug. The Secretary alleged that Bethlehem violated the general duty clause by failing to provide the operator overhead…
Veterans Administration Medical Center, North Chicago, Illinois and Local 2107, American Federation of Government Employees
North Chicago VA Medical Center (FLRA 5-CU-30002): Research chemist excluded from unit
AFGE Local 2107 sought clarification of a research chemist's place in the professional employee bargaining unit at the North Chicago VA Medical Center. The Medical Center argued that the chemist was a supervisor. The Authority found that she assigned and directed work and effectively recommended…
Department of the Air Force, Detachment 4, Air Force Plant Representative Office, West Palm Beach and National Federation of Federal Employees, Local 2048 and American Federation of Government Employees, Local 3846
West Palm Beach Air Force office (FLRA 4-RO-30009): Representation elections directed
NFFE Local 2048 sought an election among employees at the Air Force's West Palm Beach plant representative office, where AFGE Local 3846 was the existing representative. The Air Force disputed the unit description, arguing that the broader Contract Management Division should be named as the…
National Association of Government Employees, Local R3-76 and Navy Publications and Printing Service Detachment Office; International Federation of Professional and Technical Engineers, Local 3 and Navy Publications and Printing Service Detachment Office
Navy Publications and Printing Service (FLRA 2-CU-20002): Transferred employees joined existing unit
The Navy transferred printing employees from two facilities to its Publications and Printing Service Detachment Office. The Authority added the employees transferred from the Naval Air Development Center to NAGE Local R3-76's existing bargaining unit and updated the employer's name in the union's…
Ralph W. Fitzwater v. Mettiki Coal Corporation
$22,000 discrimination settlement approved
Ralph W. Fitzwater brought a discrimination complaint against Mettiki Coal Corporation. The parties submitted a settlement stipulation and asked to withdraw the complaint. Judge Joseph B. Kennedy found the settlement consistent with the Mine Act and agreeable to Fitzwater. He approved it, ordered…
David L. Williams v. Southern Utah Fuel Company
Discrimination complaint dismissed after no response
David L. Williams filed a discrimination complaint against Southern Utah Fuel Company. The Commission sent him an order asking for missing information, but the order was returned unclaimed. A second order was returned after he moved without leaving an address, and a telephone call found his number…
Syntron, Inc.
Metal saw guarding citation vacated
Syntron's metal cut-off saw had an unguarded unused portion of its blade, and the operator stood about a foot away while the saw automatically cut material held in a vise. After reviewing the record and a videotape of the machine, the Commission majority agreed with the judge that employees' hands…
Secretary of Labor (MSHA) v. Phelps Dodge Corporation, with United Steelworkers Union
Secretary of Labor (MSHA) v. Phelps Dodge Corporation (FMSHRC WEST 81-236-M): Crane boom violation upheld; transmission allegation vacated
MSHA cited Phelps Dodge for using a Link Belt crane at its Morenci Mine despite alleged defects in its boom and auxiliary transmission. The United Steelworkers Union participated as the miners' authorized representative and supported MSHA's position. Judge John J. Morris found that damaged and…
American Federation of Government Employees, Local 1625 and Fleet Combat Training Center, Atlantic, U.S. Department of the Navy
Navy Fleet Combat Training Center (FLRA O-NG-899): Late contract disapproval defeats appeal
AFGE Local 1625 appealed the Navy's disapproval of a provision in a newly signed labor agreement. The Navy served its disapproval more than 30 days after the agreement was executed. The Authority held that the agreement had already become effective under the statutory time limit, leaving no…
National Federation of Federal Employees, Local 1300 and General Services Administration
GSA (FLRA O-NG-896): Travel advance appeal dismissed after agency withdrew objection
NFFE Local 1300 proposed a change concerning travel advances during bargaining with the General Services Administration. The agency initially said the proposal was nonnegotiable, and the union sought review from the Authority. The agency then withdrew its objection. With no remaining dispute over…
Puget Sound Naval Shipyard, Department of the Navy and Bremerton Metal Trades Council
Puget Sound Naval Shipyard (FLRA O-AR-704): Grievant could not file arbitration exceptions
A Puget Sound Naval Shipyard employee filed exceptions to an arbitration award involving the shipyard and the Bremerton Metal Trades Council. The Authority found that only the union and the shipyard had participated as parties in the arbitration. Its rules permitted a party to the arbitration…
U.S. Fish and Wildlife Service Finance Center, Denver and National Federation of Federal Employees, Local 2053 and American Federation of Government Employees
Fish and Wildlife Service Finance Center (FLRA 7-RO-30003): Denver unit election directed
NFFE Local 2053 petitioned for a representation election at the Fish and Wildlife Service's Denver Finance Center, with AFGE also seeking a place on the ballot. The Service argued that a larger unit including Washington employees was needed. The Authority found that the Denver center had a distinct…
U.S. Army Medical Department Activity, Redstone Arsenal, Alabama and American Federation of Government Employees, Local 1858
Redstone Arsenal medical activity (FLRA 4-RO-20012): Physicians-only unit rejected
AFGE Local 1858 sought to represent 11 physicians at the Army Medical Department Activity at Redstone Arsenal as a separate bargaining unit. The Authority found that the physicians shared working conditions, management, and a common medical mission with the facility's other professional employees…
Kitt Energy Corporation v. Secretary of Labor (MSHA)
Coal dust citation upheld
Kitt Energy contested an MSHA citation for float coal dust along the D-11 conveyor belt at its No. 1 Mine. The parties agreed that the condition violated 30 C.F.R. § 75.400, leaving its seriousness and the operator's conduct in dispute. Chief Judge Paul Merlin found a reasonable likelihood of…
Secretary of Labor (MSHA) v. Little-J Coal Company, Inc.
Penalties assessed and settlement approved
MSHA pursued five consolidated penalty cases against Little-J Coal involving electrical protection, roof control, coal accumulations, and examination requirements at its No. 1 Mine. After a hearing, Judge Richard C. Steffey assessed $335 for nine violations in docket WEVA 82-86, including…
Secretary of Labor (MSHA) v. Kentucky Blue Coal Company, Inc.
$20 training penalty assessed by default
MSHA sought a $20 penalty against Kentucky Blue Coal for allegedly failing to give employees at its Fariston Tipple annual refresher training under 30 C.F.R. § 48.28. The company did not file a timely answer, and its response to a first show-cause order discussed shower and bathroom facilities…
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.