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. The Anaconda Company
The Anaconda Company (FMSHRC WEST 81-94-M): Penalty case dismissed after lengthy delay
The Anaconda Company sought dismissal of a mine safety penalty case because the Secretary of Labor waited nearly two years after issuing a citation to propose a penalty. The Secretary argued that the company still had enough evidence to obtain a reduced proposed penalty at a conference. The judge…
Matter of Dukpa
Unauthorized ministerial employment barred adjustment of status
The applicant was a Bhutanese citizen who entered the United States as a visitor for pleasure and sought permanent residence as a special immigrant minister. Before filing the application, he had performed ministerial duties at a Buddhist center and received $100 per month, room and board, and…
Secretary of Labor (MSHA), on behalf of Theodore Hazzard v. Cannelton Industries, Inc.
Cannelton Industries (FMSHRC WEVA 81-392-D): Miner discrimination complaint settled
The Secretary brought a discrimination complaint on behalf of miner Theodore Hazzard, alleging that Cannelton Industries interfered with his efforts to raise mine safety concerns. The dispute arose amid disagreements over fire drills, escapeways, and methane examinations at the Pocahontas No. 3 and…
American Federation of Government Employees, Local 2, AFL-CIO (Union) and Department of the Army, U.S. Army Audio Visual Communications Center, Washington, DC (Activity)
Army audiovisual center negotiability petition dismissed as late (FLRA O-NG-481)
An Army audiovisual center union sought review of agency disapproval of negotiated contract provisions. The agency served its disapproval on March 10, 1981, and a later letter merely repeated that position. The union filed its petition on May 7, outside the fifteen day period measured from the…
United States Department of the Interior, Bureau of Land Management, Eugene District Office (Activity) and National Federation of Federal Employees, Local 1911 (Union)
BLM field travel overtime award upheld (FLRA O-AR-84)
Bureau of Land Management professionals in Eugene reported to headquarters before traveling to field work sites. An arbitrator found the headquarters reporting was required for their work and awarded overtime for travel outside regular hours, covering drivers and passengers. The agency challenged…
San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local Union 1617, San Antonio, Texas (Union)
Kelly Air Force Base survey award upheld (FLRA O-AR-58)
A Kelly Air Force Base union newsletter instructed employees how to answer a voluntary job enrichment survey so the data would be invalid. An arbitrator found the conduct breached the agreement, delayed the survey, and caused $1,889.60 in documented costs. The Authority rejected the union’s…
Navy Exchange, Naval Station, San Diego, California (Activity) and American Federation of Government Employees, Interdepartmental Local 3723, AFL-CIO (Union)
Navy Exchange newsletter grievance award upheld (FLRA O-AR-56)
A San Diego Navy Exchange union published a critical statement about management in its newsletter. An arbitrator found the employer’s grievance arbitrable and called the statement unfounded, but ordered no remedy because it remained within the union’s free speech rights. The Authority rejected the…
San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Activity) and American Federation of Government Employees, Local 1617, AFL-CIO (Union)
Kelly Air Force Base survey damages award upheld (FLRA O-AR-53)
A Kelly Air Force Base union newsletter urged employees to answer a voluntary job enrichment survey in a way that would invalidate the results. An arbitrator found the union breached the agreement and awarded the activity $476.06, along with cease and desist and notice relief. The Authority…
Headquarters U.S. Army Materiel Development and Readiness Command (Activity) and National Federation of Federal Employees, Local 1332 (Union)
Army materiel award exceptions dismissed as late (FLRA O-AR-256)
A grievant challenged an Army Materiel Development and Readiness Command arbitration award dated May 27, 1981. The exceptions were due June 25 but filed June 30. The Authority said it could not extend or waive the deadline and dismissed the appeal without reaching the award’s merits.
American Federation of Government Employees, Local 2006, AFL-CIO (Union) and Social Security Administration (Activity)
Social Security arbitration exceptions dismissed despite due date mailing (FLRA O-AR-237)
A Social Security union mailed its arbitration exceptions on the May 15 due date, but sent them initially to the Authority’s Washington regional office. The national office did not receive them until May 26. The Authority required filing at the national office by the deadline and dismissed the…
Matter of Thompson
Foreign business closure did not bar intracompany transfer
The Commissioner reviewed a visa petition for a beneficiary who had worked as an executive manager for the Canadian parent of a United States business. The Canadian company had conducted a dry cleaning business from 1969 to 1978 and then ceased its foreign business activity. The Commissioner held…
Disciplinary Proceeding (Minerals Exploration Company)
Disciplinary Proceeding (FMSHRC D 81-1): No discipline imposed on operator's counsel
This proceeding concerned remarks by a lawyer for Minerals Exploration Company during a hearing conference call. The lawyer mentioned possible discipline or discharge if miners' representatives attended a hearing while on leave. Judge Paul Merlin found that others could reasonably take those…
Gerald D. Boone v. Rebel Coal Company
Early review petition dismissed
An administrative law judge found that Rebel Coal Company had unlawfully discharged Gerald Boone after he refused to drive a truck he considered hazardous. The judge left relief unresolved and directed the parties to discuss damages. Rebel Coal then petitioned the Commission to review the liability…
Consolidation Coal Company v. Secretary of Labor (MSHA)
Consolidation Coal Company (FMSHRC WEVA 81-259-R, WEVA 81-414): Float coal dust order vacated
Consolidation Coal contested a withdrawal order alleging an accumulation of black float coal dust at the Loveridge Mine. The inspector described the dust as black, rating it 9 or 10 on a ten shade scale except in the dragged middle of the No. 9 entry. The judge credited a union fire boss and other…
National Federation of Federal Employees Local 1332 (Union) and Headquarters, U.S. Army Materiel Development and Readiness Command, Alexandria, Virginia (Agency)
Army promotion proposals partly negotiable (FLRA O-NG-93)
An Army union proposed procedures for filling career positions. The Authority ordered bargaining on proposals I and II only for bargaining unit positions, while dismissing their reach to nonunit positions. It rejected proposal III because it required selection of a qualified unit applicant. It…
American Federation of Government Employees, Small Business Administration Council of Locals (Union) and Small Business Administration (Agency)
SBA outside employment proposal held negotiable (FLRA O-NG-318)
A Small Business Administration union proposed rules for employees’ outside employment and private conduct, including conflict of interest safeguards. The agency claimed conflicts with government and agency regulations. The Authority found the proposal preserved applicable government rules and that…
Department of Defense, Department of the Navy, Polaris Missile Facility Atlantic, Charleston, South Carolina (Activity) and American Federation of Government Employees, Local 2298, AFL-CIO (Petitioner)
Polaris official time complaint dismissed (FLRA 4-CA-435)
A Navy missile facility denied official time to its employee for representing workers at a separate Navy activity. The union alleged a unilateral change in an established practice. The Authority adopted the judge’s dismissal because the record did not show that facility supervisors knowingly and…
Veterans Administration, Medical and Regional Office Center, White River Junction, Vermont (Respondent) and American Federation of Government Employees, AFL-CIO, Local 2604 (Charging Party)
Vermont veterans center retaliation complaint dismissed (FLRA 1-CA-147)
A Veterans Administration center employee alleged that supervisors discouraged her from going to the union and terminated her because of union contact. The judge recommended dismissal. The Authority adopted the judge’s findings, including that the stated nonunion reasons alone would have led to the…
Tehama County Excavating
Loader brake order and citation affirmed
Tehama County Excavating operated an aggregate screening plant and used a front end loader whose brakes could not stop it. The inspector issued an imminent danger withdrawal order, but the company continued to use the loader before the brakes were fixed. The judge rejected the company's argument…
Secretary of Labor (MSHA) v. The Anaconda Company
The Anaconda Company (FMSHRC WEST 79-20-M): Alcohol rule citation vacated
A Berkeley Pit worker was fatally injured after becoming entangled in a conveyor belt. MSHA cited Anaconda under a rule barring miners under the influence of alcohol from working, relying on a postmortem blood alcohol result. The judge found that a Montana criminal law presumption could not…
Secretary of Labor (MSHA) v. Tazco, Inc.
Tazco, Inc. (FMSHRC VA 80-121): Suspended penalty reinstated
Tazco settled a roof control penalty case for $400 after an initial $500 assessment. The judge approved the settlement and assessed $400, but suspended payment because Tazco had discharged the foreman involved in the violation. The Commission held that the Mine Act requires a penalty for every…
Johnny Howard v. Martin-Marietta Corporation
Final back pay award after discrimination finding
An earlier decision found that Martin-Marietta Corporation discriminated against employee Johnny Howard. This supplemental decision resolved the remaining remedy. Howard had obtained other full time work and did not seek reinstatement, so the judge vacated the reinstatement provision. Using…
Secretary of Labor v. Old Ben Coal Company
Lone worker communication citation affirmed
Old Ben Coal Company assigned a bulldozer operator to work on a large raw coal storage pile without continuous communication or dependable observation. The operator died after his bulldozer became buried in the pile. The judge found that the pile was a hazardous area and that Old Ben violated the…
Secretary of Labor on behalf of J. C. Duncan and others v. T. K. Jessup, Inc.
Discrimination complaint dismissed
Four miners at T. K. Jessup's surface coal mine complained that they were fired after raising safety concerns and refusing to begin their shift. The judge found that their earlier equipment complaints and request for a meeting were protected under the Mine Act. He found that their refusal to work…
Matter of Lok
Final deportation order ended lawful permanent resident status
The Board reconsidered the respondent's eligibility for section 212(c) relief after a remand from the Second Circuit. The respondent entered the United States as a nonimmigrant crewman, stayed beyond his authorized 29-day period, later became a lawful permanent resident, and was convicted of…
Branciforte Builders, Inc.
Late contest remanded for Rule 60(b) evidence
Branciforte Builders missed the fifteen-working-day deadline to contest citations carrying $17,085 in proposed penalties. The Commission agreed that no timely contest had been filed and that OSHA had not caused the delay. It nevertheless overruled precedent that treated the finality provision as an…
J. I. Hass Company, Inc.
Late-contest facts remanded after court ruling
The Third Circuit reversed the Commission's prior late-contest ruling and required further findings. On remand, the Commission sent the case back to the administrative law judge to determine the facts surrounding delivery and receipt of the citations and penalty notices and to decide whether J. I…
Eddy's Bakeries Company
Indoor fueling explosion hazard affirmed
Eddy's Bakeries refueled delivery trucks inside a warehouse near open-flame wall heaters. After unattended fueling spilled several gallons of gasoline, vapors ignited and an explosion destroyed the facility. The Commission held that ignition of gasoline vapors near an open flame was a recognized…
American Federation of Government Employees, Local 2, AFL-CIO (Union) and Department of the Army, Army Audio Visual Communications Center, Washington, DC (Activity)
Army audiovisual negotiability appeal dismissed as late (FLRA O-NG-469)
An Army audiovisual center disapproved provisions of a local agreement on March 10, 1981. The union requested further explanation and received a letter referring back to that disapproval. Its April 24 appeal was outside the fifteen day filing period measured from the first letter. The Authority…
Indian Wells Valley Metal Trades Council, Ridgecrest, California (Union) and Department of the Navy, Naval Weapons Center (Activity)
Navy contract appeal dismissed after late disapproval (FLRA O-NG-432)
A Navy activity and union executed an agreement in October 1980. The agency head’s disapproval was not served on the union until about 42 days later, after the thirty day review period. The Authority held that the agreement had taken effect on the thirty first day and dismissed the negotiability…
U.S. Department of Labor (Agency) and National Council of Field Labor Locals, Local 644, American Federation of Government Employees (Union)
Labor Department promotion grievance award upheld (FLRA O-AR-67)
Four Labor Department claims examiners grieved the denial of recommended career ladder promotions. The arbitrator held that the agreement did not make the dispute arbitrable. The union called that ruling a nonfact, but the Authority found it rested on contract interpretation rather than an…
American Federation of Government Employees, Local 1770, AFL-CIO (Union) and Headquarters XVIII Airborne Corps and Fort Bragg, Fort Bragg, N.C. (Activity)
Fort Bragg leave without pay award upheld (FLRA O-AR-162)
A Fort Bragg employee sought leave without pay to attend a union meeting. The arbitrator read the agreement as leaving that leave to the activity’s discretion and denied the grievance. The Authority found no showing that this reading conflicted with the Federal Personnel Manual or other law. It…
American Federation of Government Employees, Local 1164, AFL-CIO (Union) and The Social Security Administration (Agency)
Social Security midterm bargaining award upheld (FLRA O-AR-109)
A Social Security local grieved the refusal to bargain over its proposals under a local agreement. A nationwide unit consolidation replaced the local as exclusive representative, and the arbitrator dismissed the grievance as moot. The Authority held that the agency no longer had a local bargaining…
Secretary of Labor (MSHA) v. Shamrock Coal Company
Roof control plan violations found
A roof fall at Shamrock Coal Company's No. 18 Mine killed a section foreman. MSHA alleged that the company had failed to drill a required test hole and had used metal roof straps without supplemental support in an area with abnormal roof conditions. The judge found both failures violated the mine's…
Mountain States Telephone and Telegraph Company
On remand, knowledge found in what the supervisor's own superiors knew about his record of rule-breaking
Halverson, a Mountain States subforeman with seventeen years of service, was electrocuted while stringing telephone wires on a pole that also carried energized power lines. He was not wearing rubber insulating gloves, which both 29 C.F.R. § 1910.132(a) and the company's own rule required on a…
Eastern Associated Coal Corporation v. Secretary of Labor (MSHA)
Wire rope citation vacated
Eastern Associated Coal contested a citation concerning a wire rope used for hoisting at its Federal No. 2 Mine. The cited regulation directs operators to use an ANSI wire rope specification as a guide for selection, installation, and maintenance. The judge found that MSHA had not proved the rope…
Del Monte Corporation
A noise citation naming the areas is particular enough, and denying the Secretary all discovery on feasibility was an abuse of discretion
Following an inspection of Del Monte's food canning plant in Tampa, Florida, the Secretary cited the company under 29 C.F.R. § 1910.95(b)(1) for failing to use feasible administrative or engineering controls to bring sound levels below Table G-16 in ten named areas, five in the cannery and five in…
Secretary of Labor (MSHA) v. Salt Lake County Road Department
Late penalty filing accepted
MSHA proposed a $60 penalty after citing Salt Lake County Road Department for unguarded moving machine parts. The Secretary filed the formal penalty proposal about two months after the Commission's 45 day deadline. The Commission held that a late proposal may be accepted when the Secretary shows…
Matter of Golshan
Expungement did not erase narcotics conviction
The Board reviewed an Iranian lawful permanent resident's deportation case after a Washington court dismissed his opium conviction following probation. The Board held that the state court's general expungement procedure did not eliminate the narcotics conviction for deportation purposes. It also…
United Geophysical Corporation
Drowning PPE citation affirmed
A head linesman drowned while attempting to swim a seventy-yard gravel pit pulling seismic cable without a life jacket. The Commission found that geophysical exploration had not been shown to be construction work, so the construction water-safety standard did not apply. It nevertheless held that…
Sewell Coal Company
$2 penalty assessed after Commission remand
MSHA cited Sewell Coal Company for an obstructed intake escapeway and loose roof at its Meadow River No. 1 Mine. The Commission had already found both violations and sent the case back to assess penalties. Judge Michael A. Lasher, Jr. found no negligence on the evidence presented, including the…
John F. Monahan v. Exxon Minerals Company
Late discrimination complaint dismissed
John F. Monahan filed a Mine Act discrimination complaint with the Secretary nearly eight months after Exxon Minerals terminated his employment. Judge Virgil E. Vail treated the 60-day filing period as a limitation that could be waived for equitable reasons. He found that Monahan's explanations…
American Federation of Government Employees, AFL-CIO, Local 3792 (Union) and Federal Home Loan Bank Board, Cincinnati, Ohio (Activity)
Federal Home Loan Bank Board appeal dismissed as moot (FLRA O-NG-484)
A Federal Home Loan Bank Board union challenged an agency regulation said to bar its commuting per diem proposal. During the appeal, the agency withdrew its nonnegotiability allegation. The Authority found that no dispute remained for it to decide and dismissed the petition as moot.
District of Columbia Police Association and U.S. Department of the Interior, United States Park Police
Park Police negotiability appeal dismissed for filing defects (FLRA O-NG-407)
A Park Police union received a letter identifying defects in its negotiability petition and explaining how to correct them. It made no submission within the allowed time. The Authority dismissed the appeal for failure to comply with its filing regulations, without deciding the proposal’s…
American Federation of Government Employees, Local 2782, AFL-CIO (Union) and Department of Commerce, Bureau of the Census, Washington, DC (Agency)
Census repromotion proposal held negotiable (FLRA O-NG-222)
A Census Bureau union proposed procedures to repromote employees who had been involuntarily downgraded without personal cause. The agency and the Office of Personnel Management argued that the proposal would interfere with selection rights and personnel rules. The Authority read the proposal as…
Secretary of Labor on behalf of Bobby Gooslin v. Kentucky Carbon Corporation
Bobby Gooslin v. Kentucky Carbon Corporation (FMSHRC KENT 80-145-D): Temporary reinstatement order vacated
Kentucky Carbon discharged miner Bobby Gooslin after a work stoppage that followed his efforts to obtain a roof safety inspection. The Secretary sought temporary reinstatement while investigating Gooslin's discrimination complaint, and a Commission judge granted it after a hearing limited to…
DOD Dependents Schools and Overseas Education Association, NEA; DOD Dependents Schools and Overseas Federation of Teachers, AFT; DOD Dependents Schools and PANAMA Canal Federation of Teachers, Local 29, AFT; DOD Dependents Schools and Overseas Education Association, NEA and Overseas Federation of Teachers, AFT; DOD Dependents Schools and AFGE Local 14
Overseas school unit petitions lead to elections (FLRA 3-CU-5)
A Defense Department school reorganization disrupted existing overseas teacher bargaining units. The Authority found both a worldwide unit and six regional units appropriate and ordered employee elections to choose representation. It rejected a separate Panama Canal College unit and several…
Federal Election Commission (Respondent) and National Treasury Employees Union (Charging Party)
FEC grievance retaliation finding adopted (FLRA 3-CA-929)
A Federal Election Commission employee filed a grievance. A supervisor made statements that the judge found threatened his employment over that grievance. With no exceptions filed, the Authority adopted the judge’s unfair labor practice finding and ordered the agency to cease the threats and post a…
Magma Copper Company
Citations resolved for $792
MSHA brought three consolidated penalty cases against Magma Copper Company involving electrical boxes, grounding, and access to work areas. Magma withdrew its contests to four electrical citations and one access citation, with the judge approving their proposed or reduced penalties. The Secretary…
Todilto Exploration and Development Corporation
Noise citation vacated, tire citation settled
MSHA cited Todilto Exploration and Development Corporation for excessive drill noise and a tire inflation hazard at its Haystack Underground mine. Todilto withdrew its objection to the tire citation, and Judge Jon D. Boltz approved a settlement reducing that penalty from $66 to $49. The judge…
Union Railroad Company
Locomotive repair-pit violation affirmed
Employees worked beside and crossed two locomotive repair pits that were partly or completely open for substantial periods without covers or guardrails. The Commission rejected suppression of pre-Barlow's inspection evidence and held that a Federal Railroad Administration policy statement did not…
Phoenix Sand and Rock
Three citations upheld and one guarding citation vacated
MSHA sought penalties against Phoenix Sand and Rock for four citations at its Agua Fria Pit. Phoenix admitted that an unguarded tail pulley and exposed wires at a junction box violated safety standards, and the judge assessed $106 and $48 for those citations. He also upheld a citation for an…
Headquarters, San Antonio Air Logistics Center, Kelly Air Force, Texas (Activity) and American Federation of Government Employees, Local 1617, AFL-CIO, San Antonio, Texas (Union)
Kelly security police arbitration ruling set aside (FLRA O-AR-96)
At Kelly Air Force Base, an arbitrator held that parts of a security police agreement did not survive later labor agreements. He relied on a finding that the security police unit was included in a later multiunit contract. The Authority found that the contract expressly excluded that unit and that…
Merritt Electric Company, Inc.
Late contest accepted and fall citation affirmed
Merritt promptly called OSHA to protest a citation, but the area director did not clearly explain that an informal conference would not substitute for a written contest. The Commission treated the later written contest as valid because the company's confusion was reasonably attributable to OSHA's…
Mel Jarvis Construction Company, Inc.
The NFPA provisions incorporated by the fire extinguisher standard are advisory, so the citation stays vacated
The Secretary cited Mel Jarvis for not periodically inspecting two portable fire extinguishers, charging a failure to comply with 29 C.F.R. § 1926.150(c)(1)(viii). That standard requires portable extinguishers to be inspected periodically and maintained "in accordance with Maintenance and Use…
Pathfinder Mines Corporation
Discrimination settlement approved for $1,000
The Secretary of Labor brought a discrimination complaint on behalf of Ralph W. Johnson against Pathfinder Mines Corporation. The parties agreed that Pathfinder would pay Johnson $1,000 for lost back wages and other expenses from his discharge. They also agreed to remove adverse references relating…
National Federation of Federal Employees, Local 1124 (Union) and Department of the Army, New Orleans District, Corps of Engineers, New Orleans, Louisiana (Activity)
Army paycheck distribution appeal lacked proposal text (FLRA O-NG-507)
An Army Corps union wanted to negotiate a change in how paychecks were distributed. Its appeal did not include specific proposed language. The Authority said it could not decide whether an undefined proposal conflicted with law or regulations and dismissed the appeal without reaching negotiability.
Tidewater Virginia Federal Employees Metal Trades Council, AFL-CIO (Union) and Department of the Navy, Navy Public Works Center, Norfolk, Virginia (Activity)
Navy workweek appeal dismissed as moot (FLRA O-NG-482)
A Norfolk Navy union sought review of an agency claim that it did not have to bargain over a basic workweek and hours proposal. The agency later withdrew that nonnegotiability allegation. The Authority found the dispute moot and dismissed the petition without a negotiability ruling.
American Federation of Government Employees, Local 3511 (Union) and Audie L. Murphy Memorial Veteran Hospital, San Antonio, Texas (Activity)
Veterans hospital reassignment award upheld (FLRA O-AR-163)
A San Antonio veterans hospital moved an employee from the mail room to medical records. The arbitrator found no contract or legal violation in the reassignment and denied the grievance. The union argued that the award was contrary to law, but the Authority found only disagreement over evidence and…
Department of the Air Force, McGuire Air Force Base (Activity) and American Federation of Government Employees, Local No. 1778 (Union)
McGuire Air Force Base reprimand award upheld (FLRA O-AR-125)
McGuire Air Force Base reprimanded two union officials for refusing work orders. An arbitrator found the refusals were misconduct and denied their grievance. The Authority rejected the union’s objections to the discipline and the arbitrator’s factual findings. It sustained the award.
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.