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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Matter of Sio
Late custody-status appeal dismissed
The Board reviewed a Western Samoan respondent's challenge to the conditions of his release from immigration custody. He was released on a $2,500 bond with a condition prohibiting unauthorized employment, but he did not ask an Immigration Judge to modify the conditions within the seven-day period…
Matter of Vea
Custody appeal granted relief by certification
The Board reviewed a detained Tongan respondent's request to change the terms of his immigration bond after an Immigration Judge reduced the bond but kept a condition barring unauthorized employment. The Board held that the Immigration Judge had authority to consider the respondent's custody…
Secretary of Labor (MSHA) v. Harman Mining Company
Harman Mining Company (FMSHRC VA 81-83): Canopy allegations withdrawn, $1,500 settlement approved
The Secretary and Harman Mining Company proposed a settlement at the Harman 5-B Mine. They asked to vacate and withdraw four canopy allegations while paying the full assessed penalties for a rock dust deficiency and an excessive accumulation of combustibles. Judge Joseph B. Kennedy found the…
Secretary of Labor (MSHA) v. United States Steel Corporation
United States Steel Corporation (FMSHRC PENN 81-111): Locomotive safeguard citations vacated
MSHA cited United States Steel Corporation because a parked locomotive at Maple Creek No. 2 lacked a lifting jack and had an inoperative sanding lever. The citations relied on safeguards issued under 30 C.F.R. § 75.1403. Judge George A. Koutras found that MSHA had not shown the locomotive had been…
Mining Enforcement and Safety Administration v. Kaiser Steel Corporation
Kaiser Steel Corporation (FMSHRC DENV 75-163-P): Deenergization violation and $6,000 penalty affirmed
A miner was fatally injured when a shearing machine started while he was changing bits at Kaiser Steel's Sunnyside No. 1 Mine. The Commission held that 30 C.F.R. § 75.509 applied to this work on electrically powered equipment, even though bit changing was mechanical maintenance. It found sufficient…
Secretary of Labor (MSHA) v. San Miguel County
San Miguel County (FMSHRC DENV 79-569-PM): Drive chain penalty set at $100
San Miguel County admitted a guarding violation involving a drive chain on a pan feeder at its screening plant. The only issue before Judge Virgil E. Vail was the penalty. He found slight negligence and no prior violation history, but also found that the county had not shown good faith in…
FMC Corporation v. Secretary of Labor (MSHA)
FMC Corporation (FMSHRC WEST 80-497-RM): Toilet access settlement approved across ten dockets
MSHA cited FMC Corporation for toilet facilities that were too distant or unavailable to workers in two underground shaft areas and for two separate reporting allegations. The parties agreed to retain one toilet citation and one withdrawal order while removing their significant and substantial…
American Federation of Government Employees, Local 2782, AFL-CIO (Union) and Department of Commerce, Bureau of the Census, Washington, DC (Agency)
Census repromotion selection proposal rejected (FLRA O-NG-352)
A Census union proposed that an employee demoted through no fault of their own be selected for the first vacancy for which the employee qualified and the agency decided to fill. The Authority distinguished an earlier proposal that required only consideration of the employee. This proposal required…
International Association of Fire Fighters, AFL-CIO, CLC, Local F-116 (Union) and Department of the Air Force, Vandenberg Air Force Base, California (Agency)
Off duty hunting proposal held outside bargaining duty (FLRA O-NG-341)
The firefighters’ union proposed that off duty employees and their dependents be allowed to hunt and fish at Vandenberg Air Force Base under California rules. The Air Force said the proposal concerned recreation rather than working conditions. The Authority agreed that it did not concern bargaining…
National Federation of Federal Employees, Local 1028 (Union) and Department of the Army, Corps of Engineers, Norfolk District, Norfolk, Virginia (Activity)
Performance appraisal proposal rejected; second appeal dismissed (FLRA O-NG-324)
A union proposed a cap of five critical performance elements per standard at the Corps of Engineers. The Authority held that the cap interfered with management’s right to direct employees and assign work, so it was outside the duty to bargain. A separate proposal for union representation in…
American Federation of Government Employees, AFL-CIO, Local 2953 (Union) and National Guard Bureau, Office of the Adjutant General, Nebraska (Agency)
National Guard reduction in force ranking proposal rejected (FLRA O-NG-279)
A union proposed a retention register for National Guard technicians based on civilian grade, appraisal, and service factors. The National Guard Bureau regulation also used military supervisor appraisals. The Authority found a compelling need for that regulation because military qualifications were…
American Federation of Government Employees, Local 1923, AFL-CIO (Union) and Social Security Administration (Agency)
Social Security higher grade grievance denial upheld (FLRA O-AR-122)
A Social Security employee sought a temporary promotion and back pay, saying she had performed higher grade work. The arbitrator found the record did not show that she substantially and consistently performed GS-13 work and denied the grievance. The union challenged the award, but the Authority…
American Federation of Government Employees, Local 148, Council of Prison Locals (Union) and Bureau of Prisons, U.S. Penitentiary, Lewisburg, Pennsylvania (Activity)
Lewisburg temporary promotion back pay award upheld (FLRA O-AR-101)
A Lewisburg penitentiary employee acted in a higher grade general foreman position before his temporary promotion took effect. The arbitrator awarded the difference in pay for that first month under the collective bargaining agreement. The Bureau of Prisons argued that the award improperly covered…
Department of the Treasury, Bureau of the Mint (Activity/Petitioner) and Mint Council, American Federation of Government Employees, AFL-CIO (Labor Organization)
Treasury payroll staff removed from Mint bargaining unit (FLRA 9-CU-35)
The Treasury Payroll/Personnel Information System had moved from the Mint to the Office of the Secretary. Its employees then had a separate mission, supervision, and personnel policies from the Mint employees. The Authority clarified the Mint Council unit to exclude the payroll system staff. This…
Federal Aviation Administration, Alaskan Regional Office (Respondent) and Professional Air Traffic Controllers Organization, MEBA, AFL-CIO, Pacific Region (Charging Party)
FAA Alaska and PATCO: grievance hearing complaint dismissed (FLRA 9-CA-211)
The FAA Alaska office told supervisors not to appear at a union arbitration hearing about an employee grievance. The union claimed that this interfered with bargaining and employee rights. On a stipulated record, the Authority found that the FAA had not violated the Statute under any of the alleged…
Long Beach Naval Shipyard, Long Beach, California (Respondent) and Federal Employees Metal Trades Council, AFL-CIO (Charging Party)
Long Beach shipyard shift agreement enforced (FLRA 8-CA-407)
The Long Beach Naval Shipyard agreed with the metal trades council to let certain employees move to an earlier shift and then failed to implement the agreement. The judge found an unfair labor practice, and no party filed exceptions. The Authority adopted the judge’s findings and ordered the…
Vicon Corporation
Fatal rebar fall citation amended and affirmed
Vicon employees tied reinforcing steel from a narrow plank roughly forty-five to fifty feet above a concrete floor without tied-off safety belts; one employee fell to his death. The Commission held that the reinforcing-steel standard was more specifically applicable than the general…
Air-Kare Corporation
Aircraft spray-room violations affirmed
Air-Kare spray-painted aircraft in a curtained section of a hangar near non-explosion-proof electrical equipment and beneath a ceiling with exposed wood framing. The Commission credited the compliance officer's observations and opinion that dangerous quantities of flammable vapors were present near…
General Electric Company
Turbine-shell guardrail items vacated
Employees sat on narrow joints of cast turbine-shell halves more than seven feet above the floor while drilling and grinding. OSHA cited General Electric for failing to install platform guardrails. The Commission held that an eighteen-to-twenty-four-inch ledge on a manufactured turbine shell was…
Kus-Tum Builders, Inc.
Fatal truss-bracing violation found willful
Kus-Tum erected about forty-five large wooden roof trusses without adequate diagonal bracing. The general contractor and several workers warned company leadership that the trusses were unstable, but workers were told to resume work or go home and additional bracing was deferred. The trusses…
Navy Automatic Data Processing Selection Office and AFGE Local 1
Navy specialists retained in bargaining unit
The Navy sought to remove about fifteen positions from an AFGE unit, calling them management officials. The Authority examined whether their duties formulated, determined, or influenced agency policy. It found that contract negotiator and computer-equipment specialist positions helped implement…
U.S. Department of Justice, Bureau of Prisons, U.S. Penitentiary, Lewisburg, Pennsylvania (Activity) and American Federation of Government Employees, Council of Prison Locals, AFL-CIO (Labor Organization/Petitioner)
Lewisburg prison unit clarified across foreman positions (FLRA 2-CU-6)
The Bureau of Prisons and the union disputed whether several Lewisburg penitentiary positions belonged in the bargaining unit. The Authority examined their actual supervisory duties and clarified the unit. It included several trade foremen, a warehouseman foreman, and a records control supervisor…
National Army and Air Technicians Association, Local 371 (Respondent) and New Jersey Department of Defense (Charging Party)
Technicians union threat over dues cancellation found unlawful (FLRA 2-CO-16)
A New Jersey National Guard technician sought to cancel dues deductions. A local union official threatened to implicate him in an unfair labor practice charge unless he withdrew the cancellation and remained a member. The Authority adopted the judge’s finding that the threat coerced the employee in…
National Association of Government Employees, Federal Aviation Science and Technological Association (Respondent) and John Esposito (Charging Party)
Union grievance threat upheld with broader notice posting (FLRA 2-CO-1)
A union official threatened to stop processing an FAA employee’s grievance unless the employee ended his activity for another labor organization. The Authority adopted the judge’s finding that the threat violated Executive Order 11491 and adopted the dismissal of the separate allegation that the…
Overseas Education Association (Union) and Department of Defense, Office of Dependents Schools, Alexandria, Virginia (Agency)
Overseas schools bargaining appeal dismissed as moot (FLRA 0-NG-180)
A union appealed negotiability issues arising during bargaining with the Defense Department’s overseas schools. While the appeal was pending, an agency reorganization made the existing bargaining units inappropriate, and the Authority directed new elections in a separate case. The Authority held…
Columbian Art Works, Inc.
Bracket trimmer guarding citation affirmed, but the penalty cut from $500 to $1
Administrative Law Judge Frank Zinn affirmed a citation charging Columbian Art Works with failing to guard the point of operation of a bracket trimmer under 29 C.F.R. § 1910.212(a)(3)(ii), and assessed $500. Columbian argued the unguarded trimmer posed only a minimal probability of serious injury…
Secretary of Labor (MSHA) v. Cook & Workman Mining Co., Inc.
Secretary of Labor (MSHA) v. Cook & Workman Mining (FMSHRC WEVA 81-201): Belt sensor citation dismissed, four penalties settled
MSHA sought penalties for five alleged safety violations at Cook & Workman's No. 1 underground coal mine. Judge Richard C. Steffey dismissed the disputed citation for failing to extend an automatic fire sensor along a belt conveyor. He found that MSHA had not proved the required 24 production shift…
Lukens Steel Company
Willful molten-steel PPE violation affirmed
Several tons of molten steel erupted from an ingot, seriously burning four pouring-platform employees and killing two. Lukens required and enforced incomplete protective-equipment practices: employees working near molten steel lacked face shields, leggings, and adequate gloves, sometimes wore…
Joseph A. Campbell v. The Anaconda Company
Discriminatory discharge found, monetary relief pending
Joseph Campbell said Anaconda fired him from its copper mine after he refused to drive a truck he believed had unsafe brakes. Judge Jon D. Boltz found that Campbell had a reasonable, good-faith belief that the truck presented a hazard and that Anaconda violated the Mine Act by discharging him. He…
William A. Haro v. Magma Copper Company
Two discrimination claims upheld
William Haro alleged that Magma Copper retaliated against him after he raised safety concerns during railroad and mine maintenance work. Judge John J. Morris upheld his claims arising from a refusal to replace a railroad car without required assistance and a refusal to repair a grease line without…
Juan N. Munoz v. Summit Minerals, Inc.
Juan N. Munoz v. Summit Minerals (FMSHRC CENT 80-331-DM): Discrimination complaint dismissed
Juan Munoz alleged that Summit Minerals fired him from its underground precious metals mine because he complained about dust and ventilation at a safety meeting. Judge Jon D. Boltz found that Munoz's complaints were protected under the Mine Act. He found that the owner discharged Munoz for slow ore…
Secretary of Labor (MSHA) v. Peabody Coal Company
Unsafe belt rollers citation affirmed
MSHA cited Peabody Coal for operating a belt conveyor with damaged and frozen rollers at its Sinclair Slope Underground No. 2 Mine. Judge George A. Koutras found that mine records identified the rollers before the inspection, yet they were not replaced during the next maintenance shift. He…
National Industrial Constructors, Inc.
Power-plant construction violations resolved
The Commission reviewed numerous fall-protection, trenching, machine, electrical, scaffold, ladder, fire-extinguisher, and equipment-alarm items from construction of a Nebraska power plant. It rejected dismissal for delayed citation issuance because the employer did not prove prejudice. It held…
Professional Air Traffic Controllers Organization, Affiliated with MEBA, AFL-CIO (Respondent) and Federal Aviation Administration, Department of Transportation (Charging Party)
PATCO recognition revoked after air traffic controllers strike (FLRA 3-CO-105)
The Authority reviewed a chief judge’s finding that PATCO called and participated in an air traffic controllers strike and failed to take action to stop it. The Authority upheld the unfair labor practice findings and revoked PATCO’s status as exclusive representative of the nationwide FAA unit. It…
Maben Energy Corporation v. Secretary of Labor (MSHA)
Maben Energy Corporation v. Secretary of Labor (FMSHRC WEVA 79-447-R): Six citations affirmed under stipulation
Maben Energy contested six citations at its No. 4 Mine. The parties stipulated that the citations' disposition would follow a related Commission decision concerning Maben and the impoundment standard. After the Commission reinstated the citation in that related case, Judge Gary Melick affirmed all…
Secretary of Labor (MSHA) v. D. C. Coal Company, Inc.
Secretary of Labor (MSHA) v. D. C. Coal Company (FMSHRC SE 80-106): Breaker post citation affirmed
MSHA cited D. C. Coal for removing breaker posts during retreat mining at its No. 1 Mine. Judge George A. Koutras credited the inspector's account that the posts were removed to push gob and mud behind them, leaving an area without the required support. He affirmed the roof control citation and…
American Federation of Government Employees, Local 169 (Union) and Tinker Air Force Base, Air Logistics Center, Oklahoma City, Oklahoma (Activity)
Tinker absence grievance held nonarbitrable (FLRA O-AR-117)
A Tinker Air Force Base employee grieved an unauthorized absence charge, then appealed his removal based on that absence through a statutory procedure. An arbitrator held the grievance nonarbitrable because the matter had been resolved in the removal appeal. The union challenged that ruling, but…
Conoco, Inc. v. Secretary of Labor (MSHA)
Conoco, Inc. v. Secretary of Labor (FMSHRC CENT 81-137-R): Noise citation vacated
MSHA cited Conoco for noise exposure while a worker operated a scraper at its Texas uranium mine. The worker wore hearing protection, and MSHA proposed engineering changes to reduce the noise around the machine. Judge Charles C. Moore, Jr. found that MSHA had not proved those changes or…
Portsmouth Naval Shipyard (Activity) and Federal Employees Metal Trades Council (Union)
Shipyard shift premium award stripped of interest (FLRA 0-AR-133)
Portsmouth Naval Shipyard employees were moved off a shift that paid a premium. An arbitrator found the move violated their agreement and ordered return to the shift, lost premiums, and interest. The Authority held that interest on a claim against the federal government required express statutory…
Secretary of Labor (MSHA) v. Allied Chemical Corporation
Secretary of Labor (MSHA) v. Allied Chemical (FMSHRC WEST 80-478-M): Methane monitoring citation affirmed
MSHA cited Allied Chemical after miners welded on equipment at its trona mine without continuous methane testing. Judge John J. Morris found that methane was present near the work and could enter the air current. He rejected Allied's argument that periodic testing or normal ventilation satisfied…
Donoho Clay Company v. Secretary of Labor (MSHA)
Donoho Clay Company v. Secretary of Labor (FMSHRC SE 80-109-RM): Mill inspection refusal citation affirmed
Donoho Clay Company refused to let MSHA inspect its clay processing plant, arguing that OSHA had jurisdiction instead. Judge William Fauver found that the plant's crushing, sizing, and drying of clay were milling activities covered by the Mine Act. He therefore affirmed the inspection refusal…
Secretary of Labor (MSHA) v. Old Ben Coal Company
Proceeding voluntarily dismissed
The Secretary of Labor moved to dismiss a proceeding against Old Ben Coal Company. The motion was unopposed, and the Commission granted voluntary dismissal. The brief order gives no reason for the motion and does not decide a citation or set a penalty.
Secretary of Labor (MSHA) v. Old Ben Coal Company
Proceeding voluntarily dismissed
The Secretary of Labor moved to dismiss a proceeding against Old Ben Coal Company. The motion was unopposed, and the Commission granted voluntary dismissal. The brief order gives no reason for the motion and does not decide a citation or set a penalty.
Secretary of Labor (MSHA) v. Old Ben Coal Company
Proceedings voluntarily dismissed
The Secretary of Labor moved to dismiss two proceedings against Old Ben Coal Company. The motion was unopposed, and the Commission granted voluntary dismissal. The brief order gives no reason for the motion and does not decide a citation or set a penalty.
Secretary of Labor (MSHA) v. Old Ben Coal Company
Proceeding voluntarily dismissed
The Secretary of Labor moved to dismiss a proceeding against Old Ben Coal Company. The motion was unopposed, and the Commission granted voluntary dismissal. The brief order gives no reason for the motion and does not decide a citation or set a penalty.
Secretary of Labor (MSHA) on behalf of Clarence Ball v. B & B Mining Company, Inc., et al.
Secretary of Labor on behalf of Clarence Ball v. B & B Mining Company (FMSHRC VA 80-128-D): Discharge for refusing unlicensed blasting found unlawful
Clarence Ball, a mine superintendent, was fired by B & B Mining after refusing to blast coal or direct untrained, unlicensed foremen to do so. Judge James A. Laurenson found that Ball's safety concern was reasonable and in good faith, that his refusal was protected under the Mine Act, and that B &…
Secretary of Labor (MSHA) on behalf of Bruce Edward Pratt v. River Hurricane Coal Company, Inc.
Secretary of Labor on behalf of Bruce Pratt v. River Hurricane Coal Company (FMSHRC KENT 81-88-D): Discharge for refusing to fight battery fire found unlawful
Bruce Pratt worked as a mechanic at River Hurricane Coal Company's mine. He refused to fight a fire involving a battery tray because he feared an explosion and acid injury, and the company discharged him after he said he would refuse similar instructions in the future. Judge Joseph B. Kennedy found…
Secretary of Labor (MSHA) v. Mettiki Coal Corporation
Penalty petition withdrawn after full payment
MSHA sought $10,000 in civil penalties for seven alleged Mine Act violations by Mettiki Coal Corporation. The parties first proposed a $7,900 settlement, which the judge rejected. Mettiki then agreed to pay the full $10,000 and withdraw its contest, but the judge treated the Secretary's motion to…
Secretary of Labor (MSHA) v. United States Steel Corporation
Roof fall reporting citation vacated
MSHA cited United States Steel for failing to report a roof fall immediately at its No. 9 Mine. Judge Charles C. Moore, Jr. held that a roof fall above the roof bolt anchorage zone must be reported immediately despite a confusing regulatory preamble and contrary instructions that the company said…
Secretary of Labor (MSHA) v. Maben Energy Corporation
Dam inspection citation reinstated
MSHA cited Maben Energy Corporation for failing to inspect an impoundment dam at least every seven days under 30 C.F.R. § 77.216-3(a). A judge vacated the citation. The question on review was whether Maben operated or controlled the dam. The Commission reversed because Maben controlled access, used…
Secretary of Labor (MSHA) v. Paramont Mining Corporation
Roof support violation settled for $200
MSHA cited Paramont Mining Corporation for violating its approved roof control plan at the No. 7 Underground Mine. The parties agreed that about 20 roof bolts in an area where the roof had fallen were 18 inches long instead of the required 42 inches. Judge George A. Koutras approved a settlement…
National Labor Relations Board Union, Local 19 (Union) and Office of the General Counsel, National Labor Relations Board (Activity)
NLRB promotion back pay award upheld (FLRA O-AR-77)
An NLRB field examiner was denied a promotion after the agency failed to provide training needed to address a writing deficiency. The arbitrator found a contract violation and awarded a career planning program and pay and benefits lost because of the delayed promotion. The agency challenged the…
Department of the Army, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky (Activity) and American Federation of Government Employees, Local 2022 (Union)
Fort Campbell commissary suspension upheld (FLRA 0-AR-147)
A Fort Campbell commissary employee received a three day suspension for discourteous conduct toward patrons and improper purchasing or receipt of commissary items. The arbitrator found both charges supported and denied the grievance. The union alleged arbitrator bias and a conflict with the…
Secretary of Labor (MSHA) v. V and R Coal Company
Dust sampling notice remained vacated
A notice alleged that V and R Coal Company failed to sample respirable dust under 30 C.F.R. § 70.246 in a case governed by the 1969 Coal Act. Although the company defaulted, the judge vacated that notice because the government had not shown the availability of an approved sampling device meeting…
Wright & Lopez, Inc.
Trench "length" means the greatest dimension, vibrations require precautions on their own terms, and both items merge into one serious violation at $1,000
A compliance officer found an employee kneeling in an unshored, unsloped trench with an air hammer at a Wright & Lopez worksite in Chamblee, Georgia. The trench ran from the curb of a four-lane highway into one barricaded lane. It measured about 8 feet 4 inches down the middle, 8 feet 10 inches…
Paramont Mining Corporation v. Secretary of Labor (MSHA)
One ventilation citation settled, another vacated
Paramont Mining contested a ventilation citation, a withdrawal order, and an imminent danger order at its No. 7 Underground Mine. The parties also brought penalty proposals for two related citations into the consolidated proceeding. Judge George A. Koutras approved an $880 settlement for Citation…
Secretary of Labor (MSHA) v. Southern Ohio Coal Company
Walkaround pay case dismissed on summary decision
MSHA sought a penalty after Southern Ohio Coal Company refused to pay a miners' representative for time spent during a ventilation inspection and a roof control survey. The Secretary acknowledged that a spot inspection was involved. Judge Michael A. Lasher, Jr. applied then binding Commission…
Secretary of Labor (MSHA) v. Domtar Industries, Inc.
Blasting warning violation affirmed
Two miners at Domtar's Cote Blanche salt mine died when a nearby blast occurred while they were preparing another round. MSHA cited Domtar for failing to give ample warning and clear people from the endangered area under 30 C.F.R. § 57.6-175. Chief Judge James A. Broderick held that the miners had…
Secretary of Labor (MSHA) v. Black River Sand & Gravel Inc.
Six citations upheld, two vacated
MSHA cited Black River Sand & Gravel Inc. for eight alleged violations at its Black River Pit, involving conveyor guards, access to a pond pump, a roadway berm, and an electrical switching area. Judge Jon D. Boltz affirmed four guarding citations, the berm citation, and the electrical platform or…
American Federation of Government Employees, Local 3369, AFL-CIO, Regional Council (Union) and New York Region, Field Operations, Social Security Administration (Activity)
Social Security arbitration exceptions dismissed as late (FLRA O-AR-288)
A Social Security union filed exceptions to an arbitration award one day after the regulatory deadline. The Authority determined the award date and filing date from the union’s own submission. It held that it could not extend or waive the filing period and dismissed the exceptions without reaching…
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.