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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Secretary of Labor (MSHA) v. Bethlehem Mines Corporation
$5,000 roof fall settlement approved
MSHA cited Bethlehem Mines Corporation after a roof fall at Mine No. 108 killed miner Louis N. Hodges. The citations concerned roof testing during pillar recovery and the width of a rounded pillar corner. Judge Joseph B. Kennedy found that mine personnel had failed to evaluate a visible crack and…
Jack E. Gravely, Jr. v. Ranger Fuel Corporation
Discrimination complaint dismissed
Foreman Jack Gravely claimed Ranger Fuel Corporation fired him because he would not take his crew past a danger board near weak mine roof. Ranger said it fired him for poor supervision and other performance problems, including damage to two pumps. Judge George A. Koutras found no evidence that…
Secretary of Labor (MSHA) on behalf of Gerald D. Boone v. Rebel Coal Company
Discrimination complaint withdrawn after payment
The Secretary asked to withdraw Gerald Boone's discrimination complaint against Rebel Coal Company. The request acknowledged that the monetary damages, costs, and attorney's fees previously ordered had been paid in full. Judge Gary Melick allowed the withdrawal under the Commission's procedural…
Secretary of Labor (MSHA) v. Consolidation Coal Company
Roof control violation upheld as significant and substantial
MSHA cited Consolidation Coal Company for failing to follow its roof control plan at the Shoemaker Mine. Roof bolts exceeded the plan's maximum spacing in about 350 locations, including a supply track used by miners on every shift. Consol conceded the violation but disputed the finding that it was…
Secretary of Labor (MSHA) v. Rushton Mining Company
Pillar recovery order vacated
MSHA alleged that Rushton Mining Company used a pillar recovery method that exposed a continuous miner operator to an unusual danger of a roof fall. The parties agreed that the violation turned on whether the operator had gone beyond supported roof. Judge Gary Melick found the inspector's estimate…
Department of the Treasury, U.S. Customs Service, Region VIII, San Francisco, California and National Treasury Employees Union
Customs Service, San Francisco (FLRA 9-CA-842): Earlier grievance barred information complaint
NTEU requested documents, including a promotion crediting plan, to investigate an employee's nonselection for a Customs Inspector position. After Customs refused to provide the plan, the union filed a grievance seeking the information and later filed an unfair labor practice charge. The Authority…
Novak & Co., Inc.
Multi-employer worksite citations vacated
Novak, a plumbing subcontractor, was cited for allegedly inadequate overhead protection, improperly stored gas cylinders belonging to another contractor, unguarded floor perimeters, and an open floor hole. The Commission vacated every item. The Secretary did not prove that the entrance canopy was…
United States Immigration and Naturalization Service, San Diego, California and American Federation of Government Employees
INS San Diego (FLRA 8-CA-20110): Suspension for representative's conduct rescinded
The Immigration and Naturalization Service suspended Border Patrol employee Marvin Foust for five days after his union representative insisted on recording an investigative interview. The judge found that the agency could restrict recording but that Foust had a statutory right to representation and…
U.S. Army Corps of Engineers, Kansas City District and National Federation of Federal Employees, Local 29
Army Corps of Engineers, Kansas City (FLRA 7-CA-30246): Union interference complaint dismissed
NFFE Local 29 alleged that a Kansas City Corps of Engineers supervisor called an employee disloyal for seeking union help, withheld an upward mobility opportunity, and threatened discipline over time spent bargaining. The judge heard conflicting accounts from the employee and supervisor and…
U.S. Department of Defense, Department of the Air Force, San Antonio Air Logistics Center, Kelly Air Force Base, Texas and American Federation of Government Employees, Local 1617
Kelly Air Force Base (FLRA 6-CA-1273): Threats over union activity found unlawful
AFGE Local 1617 filed an unfair labor practice charge after an Air Force official spoke to employees at Kelly Air Force Base about articles in the union newspaper. The administrative law judge found that the official implied the base might close because of union activity and that employees might…
U.S. Department of the Treasury, Internal Revenue Service, Chicago, Illinois and National Treasury Employees Union, Chapter 10
IRS Chicago (FLRA 5-CA-861): Collection work measures did not change working conditions
NTEU Chapter 10 alleged that the IRS changed revenue officers' working conditions without notice or bargaining. It challenged a week focused on older delinquent investigations, a memorandum directing attention to older cases and field schedules, and a supervisor's use of feedback stamps on daily…
Department of Health and Human Services, Social Security Administration and American Federation of Government Employees
Social Security Administration (FLRA 5-CA-20286): Delayed dues increase violated statute
AFGE Local 3571 asked the Social Security Administration to increase authorized dues deductions for members in five Indiana district offices. The agency implemented the increase months after the agreed January 24, 1982 date, with delays ranging from four to eleven months. On a stipulated record…
Department of Defense, Department of the Air Force, Armament Division, Eglin Air Force Base and American Federation of Government Employees, Local 1897
Eglin Air Force Base (FLRA 4-CA-351): Affirmative action plan complaint dismissed
AFGE Local 1897 alleged that Eglin Air Force Base sent a fiscal year 1980 affirmative action plan to Air Force headquarters without first giving the union notice and a chance to bargain. The judge found that the January submission was informational and the plan remained open to change. Management…
National Federation of Federal Employees, Local 64 and Department of the Navy
NFFE Local 64 and Navy (FLRA O-NG-922): Late negotiability petition dismissed
NFFE Local 64 asked the Authority to review a Navy allegation that a bargaining proposal was nonnegotiable. The Authority said the allegation apparently was served on October 11, 1983, and set October 31 as the petition filing deadline. The Authority received the petition on November 3. It…
Department of the Air Force, Warner Robins Air Force Base, Georgia and American Federation of Government Employees, Local 987
Warner Robins Air Force Base (FLRA O-AR-683): Late arbitration exceptions dismissed
AFGE Local 987 sought review of an arbitration award involving Warner Robins Air Force Base. The award was dated November 5, 1983, making December 5 the deadline for exceptions under the 30-day rule. The Authority received the union's exceptions on December 6. It dismissed them as untimely because…
Veterans Administration Medical Center, Oklahoma City, Oklahoma and American Federation of Government Employees, Local 2562
Oklahoma City VA Medical Center (FLRA O-AR-677): Late arbitration exceptions dismissed
AFGE Local 2562 filed exceptions to an arbitration award involving the Oklahoma City Veterans Administration Medical Center. The award was dated October 4, 1983, and the Authority stated that exceptions were due November 2. The union filed on November 28 and acknowledged that its submission was…
American Federation of Government Employees, Local 1157 and Army and Air Force Exchange Service, Western Distribution Region, Oakland, California
Army and Air Force Exchange Service, Oakland (FLRA O-AR-671): Late exceptions dismissed
AFGE Local 1157 sought review of an arbitration award involving the Army and Air Force Exchange Service in Oakland. The arbitrator's award was dated October 20, 1983, making November 18 the deadline for exceptions under the 30-day rule. The union filed on November 21 and acknowledged the filing was…
Fitzsimons Army Medical Center and American Federation of Government Employees, Local 2214
Fitzsimons Army Medical Center (FLRA O-AR-669): Grievant's late exceptions dismissed
Ruby L. Bailey, a grievant in an arbitration involving Fitzsimons Army Medical Center, filed exceptions to an award dated October 19, 1983. The Authority stated that the exceptions were due at its national office by November 17. Bailey filed them at the Denver regional office on November 18. The…
Stephen B. Woody v. Mid-Continent Resources, Inc.
Discrimination complaint withdrawn with prejudice
Stephen Woody brought a discrimination complaint against Mid-Continent Resources. After the judge ordered him to explain why the case should not be dismissed for lack of prosecution, Woody asked to withdraw the complaint. Judge John A. Carlson granted the motion under the Commission's procedural…
American Federation of State, County and Municipal Employees, Council 26 and U.S. Department of Justice
AFSCME Council 26 and Justice Department (FLRA O-NG-529): Fixed appraisal ratings nonnegotiable
AFSCME Council 26 proposed fixed rating levels for individual job elements and overall employee performance at the Justice Department. The proposal also specified how ratings for individual elements would determine an overall rating. The Authority held that both the number of levels and the links…
United Mine Workers of America on behalf of Henry Beard and Terry Loudermilk v. Midwestern Mining & Reclamation, Inc.
Two discrimination complaints withdrawn
The United Mine Workers of America filed discrimination complaints on behalf of Henry Beard and Terry Loudermilk against Midwestern Mining & Reclamation. The complainants asked to withdraw both cases because the issues had been addressed and remedied in proceedings before the National Labor…
Skydyne, Inc.
Hydraulic-press guarding subitems vacated
Two Skydyne hydraulic presses lacked point-of-operation guards, but the operators did not hold the fiberglass during the molding cycle; a vacuum, retaining ring, and clamps kept it in place. The compliance officer had not observed the machines running and did not establish the operators' hand…
Walter A. Schulte v. Lizza Industries, Inc.
Discrimination dismissal affirmed
Walter Schulte alleged that Lizza Industries fired him after he made safety complaints to MSHA. The judge found the complaints protected and concluded they may have partly motivated the discharge, but also found Lizza would have fired Schulte for attendance and work conduct problems alone. The…
David Hollis v. Consolidation Coal Company
Discrimination dismissal affirmed
David Hollis, a union safety committee chair, alleged that Consolidation Coal fired him because of his mine safety activities. The company said it discharged him for fighting with another miner. The Commission majority held that Hollis filed his Mine Act complaint more than four months after the…
Harry J. Gilpin v. Bethlehem Mines Corporation
Mechanic job complaint dismissed
Harry Gilpin alleged that Bethlehem Mines applied a welding test requirement unevenly when awarding mechanic jobs and failed to follow seniority. He did not allege that the company denied him a job because of a mine safety complaint or other protected safety activity. Judge James A. Broderick held…
Secretary of Labor (MSHA) v. Mathies Coal Company
Defective mantrip sander upheld as significant and substantial
MSHA cited Mathies Coal Company because one of four sanders on a miner transport vehicle was inoperative. Mathies contested only the judge's finding that the violation was significant and substantial. The Commission set out four elements for that finding: a safety standard violation, a hazard…
Department of the Navy, Norfolk Naval Shipyard and Tidewater Virginia Federal Employees Metal Trades Council
Norfolk Naval Shipyard (FLRA 3-CA-1800): Contract ratification dispute left to impasse process
The Tidewater metal trades council rejected a tentative contract negotiated with Norfolk Naval Shipyard and asked to reopen bargaining. The shipyard refused, and the union alleged an unfair labor practice. The judge found that union ratification was required for a binding agreement, but the Federal…
PPG Industries, Inc.
Citation and complaint withdrawn
PPG Industries and the Secretary jointly moved to withdraw the citation and complaint. The Commission granted their motion and ended the case. The short public release does not identify the cited standard, workplace condition, proposed penalty, reason for withdrawal, or any settlement terms, and it…
Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms and National Treasury Employees Union, Chapter 88
Bureau of Alcohol, Tobacco and Firearms (FLRA 5-CA-968): Witness preparation required official time
The Bureau of Alcohol, Tobacco and Firearms denied official time to employees whom an Authority agent needed for prehearing preparation in unfair labor practice cases. The judge found a violation, and the Authority adopted the result while rejecting the judge's apparent reasonableness limit on an…
National Treasury Employees Union and Department of the Treasury, Internal Revenue Service
NTEU and IRS (FLRA 0-NG-600): Treasury agreement disapproval rescinded
NTEU challenged Treasury's disapproval of a negotiated IRS agreement provision giving the agreement priority over conflicting master-agreement terms or agency regulations. Treasury argued that IRS lacked authority to negotiate the subject and that the provision conflicted with bargaining rules for…
Secretary of Labor (MSHA) v. United States Steel Mining Company
Haulage and equipment citations upheld
MSHA cited United States Steel Mining Company for adding manually connected safety chains between haulage cars and for leaving a continuous miner energized after its right tram failed. Judge William Fauver found that the chains required miners to reach between cars despite a rule requiring…
Secretary of Labor (MSHA) v. Monterey Coal Company
Contractor added to pending penalty case
The Secretary sought to add independent contractor Frontier-Kemper to a civil penalty case against Monterey Coal and to correct a cited regulation number. Judge William Fauver allowed both amendments and denied Monterey's motion to dismiss, finding that citing Monterey under MSHA's interim policy…
Secretary of Labor (MSHA) v. Kaiser Steel Corporation
Two citations vacated, seven upheld
Three consolidated cases concerned Kaiser Steel's Sunnyside mines. At MSHA's request, Judge Virgil E. Vail vacated two citations that the Secretary could not prove. He upheld a citation for failing to make a complete weekly examination of a return air entry and assessed $210. He also upheld six…
J. D. Mosley v. D. F. J. Coal Company, Inc. and John Linder
Discrimination case settled for $10,000 in lost wages
J. D. Mosley brought a discrimination case against D. F. J. Coal Company and John Linder. At expedited hearings, Mosley asked to withdraw the complaint after reaching a settlement with the respondents. The agreement provided $10,000 in lost wages and additional promises from the operator that the…
Secretary of Labor (MSHA) on behalf of Robert K. Roland v. Oil Shale Constructors
Secretary's complaint withdrawn
The Secretary asked to withdraw a discrimination complaint brought on Robert Roland's behalf against Oil Shale Constructors. Judge John A. Carlson disclosed that Roland had spoken to him privately about the merits, so he would disqualify himself from further proceedings, but all parties agreed he…
Secretary of Labor (MSHA) v. Vulcan Materials Company, Southeast Division
$4,000 electrical safety settlement approved
MSHA issued two citations after a miner was fatally electrocuted while grasping a conveyor belt's emergency stop switch at Vulcan Materials' Kennesaw Quarry and Plant. The switch was not frame grounded or properly mounted, and movement of its housing had damaged the conductors entering it. The…
Secretary of Labor (MSHA) v. U.S. Steel Mining Company, Inc.
Two citations settled for $150
MSHA cited U.S. Steel Mining Company at its Maple Creek No. 1 Mine for insufficient air velocity under its methane and dust control plan and for an unguarded trolley wire. The parties proposed reducing the first citation's assessment from $136 to $50 while retaining its significant and substantial…
U.S. Army Support Command, Hawaii and Hawaii Federal Lodge 1998, International Association of Machinists and Aerospace Workers
Army Support Command, Hawaii (FLRA 8-UC-20001): Four-unit consolidation denied
Army Support Command, Hawaii and the machinists' lodge jointly sought to combine four existing bargaining units. The proposed unit included employees of two tenant commands as well as employees of the support command. The Authority found that the tenant-command employees lacked a clear shared…
American Petrofina Company of Texas
Review petitions dismissed on remand
The court of appeals vacated an earlier Commission order that had denied the Secretary's motion to vacate directions for review in these consolidated cases. The court remanded with instructions to dismiss the review petitions. The Commission followed that mandate and dismissed both petitions. The…
Georgia Power Company
Aerial-lift citation item vacated on court mandate
Acting under an order from the United States Court of Appeals for the Eleventh Circuit, the Commission vacated the part of its earlier decision that had affirmed citation 1, item 1A(b), concerning the aerial-lift standard at section 1926.556(a)(1). The short public order does not restate the…
934th Tactical Airlift Group, Minneapolis-St. Paul International Airport and American Federation of Government Employees, Local 1997
934th Tactical Airlift Group (FLRA 5-CU-20007): Bargaining unit clarified by position
AFGE Local 1997 sought clarification of which employees at the 934th Tactical Airlift Group belonged in its bargaining unit. The Authority excluded a freight loader who supervised other employees, three employees who set agency policy, and an education specialist who was a professional employee. It…
Pennsylvania Air National Guard and Pennsylvania State Council, Association of Civilian Technicians
Pennsylvania Air National Guard (FLRA 2-CU-20010): One personnel worker excluded from unit
The Pennsylvania Air National Guard sought to remove employees in several job classifications from a bargaining unit represented by the Association of Civilian Technicians. The Authority found that the listed employees were neither supervisors nor management officials and kept them in the unit. It…
National Federation of Federal Employees, Local 1745 and Veterans Administration
NFFE Local 1745 and Veterans Administration (FLRA 0-NG-479): Promotion proposals nonnegotiable
NFFE Local 1745 proposed a union member on Veterans Administration promotion rating panels and broad access for nonselected applicants to panel records. The Authority held the panel proposal nonnegotiable because participation in developing and applying selection criteria interfered with…
Overseas Education Association and Department of Defense Dependents Schools, Pacific Region
Defense Dependents Schools, Pacific Region (FLRA 0-AR-372): Grievance cancellation award upheld
The Overseas Education Association challenged cancellation of a teacher transfer program at Department of Defense Dependents Schools. The union first filed a grievance, then filed an unfair labor practice charge covering the same issue; the Authority's regional director declined to issue a…
Secretary of Labor (MSHA) v. Westmoreland Coal Company
Respirable dust penalty settled for $225
MSHA proposed a $311 penalty against Westmoreland Coal Company for a respirable dust violation measured at 2.5 milligrams per cubic meter at the Hampton No. 3 Mine. The parties agreed to a $225 penalty, a 27 percent reduction. Judge Joseph B. Kennedy independently reviewed the settlement and found…
Secretary of Labor (MSHA) v. Kitt Energy Corporation
Two escapeway citations vacated
MSHA charged Kitt Energy Corporation with two violations concerning handrails on a slope used as an escapeway. After the parties reviewed videotapes of miners using the slope, they agreed the cited violations had not occurred and asked to withdraw the penalty petitions. Judge Joseph B. Kennedy…
Secretary of Labor (MSHA) on behalf of Michael Hogan and Robert Ventura v. Emerald Mines Corporation
Elevator work refusal dismissal later reversed
Michael Hogan and Robert Ventura alleged that Emerald Mines suspended each of them for five days after they refused to ride a mine elevator they believed was unsafe. Judge George A. Koutras found that their refusal was not protected because, in his view, they had not adequately communicated the…
Secretary of Labor (MSHA) v. Southwestern Illinois Coal Corporation
$78 penalty set after Commission remand
The Commission had reversed an earlier ALJ ruling that vacated Citation No. 777767 against Southwestern Illinois Coal Corporation and sent the case back to set a penalty. The parties agreed to a $78 assessment for the violation of 30 C.F.R. § 77.1710(g). Judge George A. Koutras considered the…
Matter of Cardoso
Cape Verde law supported visa preference status
A Cape Verdean lawful permanent resident sought visa preference status for his unmarried son, who was born out of wedlock in Cape Verde. The Board held that Cape Verde's 1976 Decree-Law No. 84/76 eliminated the legal distinction between legitimate and illegitimate children, and that a child under…
Billy K. Deel v. D. O. & W. Coal Company
Miner’s discrimination complaint dismissed
Billy K. Deel alleged that D. O. & W. Coal Company fired him for serving as a mine safety committeeman, raising safety concerns, and accompanying an MSHA inspector. Judge Richard C. Steffey found that Deel had engaged in protected activity, but that it did not motivate his discharge. The judge…
Albert J. DiCaro v. United States Fuel Company
Back pay and reinstatement ordered after unlawful discharge
Judge William Fauver had previously found that United States Fuel Company unlawfully discharged miner Albert J. DiCaro. In this remedy decision, he found that DiCaro sought other work and was not shown to be unable to work as a miner after November 1982. He rejected the company's proposed reduction…
Vesta Mining Company v. Secretary of Labor (MSHA)
Twenty-seven electrical citations vacated
MSHA cited Vesta Mining Company over the disconnect switches used with 26 mine transformers. After withdrawing the first 26 citations, MSHA issued one more citation covering all the transformers, and the disputes were consolidated. Judge Charles C. Moore, Jr. held that the visible disconnect switch…
Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.
Roof support citation upheld, two others vacated
MSHA cited U.S. Steel Mining over escapeway markings, roof support at an intersection, and repairs to a continuous miner. Judge Paul Merlin vacated the escapeway citation because visible green reflectors properly marked the route under the cited standard. He upheld the roof control citation because…
Secretary of Labor (MSHA) v. U.S. Steel Mining Co., Inc.
$217 penalty settlement approved
The Secretary of Labor and U.S. Steel Mining Co., Inc. proposed settling a civil penalty case involving the Cumberland Mine. The agreement called for payment of the original proposed penalties, totaling $217. Judge Paul Merlin found the settlement appropriate under the Mine Act's penalty criteria…
International Organization of Masters, Mates and Pilots and Panama Canal Commission
Panama Canal Commission (FLRA 0-NG-337): Four pilot proposals negotiable, others dismissed
The pilots' union sought review of 25 proposals for work and benefits at the Panama Canal Commission. The Authority found four within the duty to bargain: a choice of commercial over chartered aircraft for home leave, a special leave account for pay reductions, a tropical differential, and…
United Mine Workers of America, Local Union No. 1197 v. Bethlehem Mines Corporation and Secretary of Labor (MSHA)
United Mine Workers of America, Local Union No. 1197 v. Bethlehem Mines Corporation (FMSHRC PENN 83-234-D): Dust exposure complaint dismissed
United Mine Workers of America Local 1197 alleged that a longwall machine at Bethlehem Mines produced excess respirable dust and that MSHA failed to enforce dust limits. The union brought the case as a discrimination complaint and sought withdrawal of the machine or limits on miners' exposure…
Headquarters III Corps and Fort Hood and American Federation of Government Employees, Local 1920
Fort Hood (FLRA 6-CU-20007): Work coordinator excluded as supervisor
Fort Hood sought to remove hospital facilities work coordinator Willie Vanarsdale from an AFGE Local 1920 bargaining unit. The Authority found that he assigned and directed another employee's maintenance work and had effectively recommended an award. Those duties required independent judgment and…
Department of Defense, Department of the Air Force, Armament Division, Eglin Air Force Base and American Federation of Government Employees, Local 1897
Eglin Air Force Base (FLRA 4-CA-874): Revised affirmative action plan complaint dismissed
AFGE Local 1897 alleged that Eglin Air Force Base changed a fiscal year 1981 affirmative action plan after the union signed it and then implemented the changes without bargaining. The judge found that the January document was only tentative and remained subject to approval by the base commander…
Department of the Treasury, Internal Revenue Service, Andover Service Center and National Treasury Employees Union
IRS Andover Service Center (FLRA 1-CA-563): Union discrimination complaint dismissed
NTEU alleged that the IRS Andover Service Center denied Kathleen Demers promotions and official time and tracked her whereabouts because of her union activity. The judge found that promotion selections rested on other candidates' relevant qualifications, and he did not find unlawful discrimination…
Secretary of Labor (MSHA) v. Rushton Mining Company
Loose rib citation upheld
MSHA cited Rushton Mining Company for loose and overhanging ribs in an active section of its underground coal mine. Judge Gary Melick found that the ribs protruded, were fractured in places, and sounded hollow when tested. He held that the condition violated 30 C.F.R. § 75.202 and was significant…
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.