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 on behalf of Jeffrey S. Hotchkiss v. Climax Molybdenum Company
Jeffrey S. Hotchkiss v. Climax Molybdenum Company (FMSHRC WEST 81-130-DM): Secretary's discrimination complaint withdrawn
The Secretary sought to withdraw a discrimination complaint filed on behalf of Jeffrey S. Hotchkiss against Climax Molybdenum Company, saying the evidence was insufficient to continue. Hotchkiss consented, and the company did not oppose withdrawal. Judge John A. Carlson granted the motion and…
Secretary of Labor on behalf of John Cochrane and Daryl Spradley v. Trail Mountain Coal Company
John Cochrane and Daryl Spradley v. Trail Mountain Coal (FMSHRC WEST 80-451-D): Discharge claims settled
John Cochrane and Daryl Spradley brought discharge claims against Trail Mountain Coal Company. The parties agreed that the company would pay each miner $9,000 and remove adverse references to their discharges from their employment records. The miners accepted those terms as full settlement of their…
Ralph Foster and Sons
$15 safety-glasses penalty assessed after remand
The Commission sent Ralph Foster and Sons' safety-glasses case back to the judge for a civil penalty assessment. Judge John J. Morris noted that the operator was very small, had no history of violations when the citation issued, and corrected the condition immediately after the inspector pointed it…
National Federation of Federal Employees, Local 1497 (Union) and Headquarters, Lowry Technical Training Center (ATC), Lowry Air Force Base, Colorado (Agency)
Army performance standards proposal rejected (FLRA O-NG-159)
An Army union proposed joint development of performance standards, critical elements, and appraisal criteria through employees, supervisors, and a joint panel. The Authority found that the proposal interfered with management’s rights to direct employees and assign work. It dismissed the…
Warner Robins Air Logistics Center, Robins Air Force Base, Georgia (Activity) and American Federation of Government Employees, Local 987, AFL-CIO (Union)
Warner Robins arbitration exceptions dismissed as late (FLRA O-AR-222)
A Warner Robins Air Force Base union challenged an arbitration award dated March 23, 1981. Its exceptions were due April 21 but filed April 27. The Authority dismissed the exceptions as untimely without reviewing the award.
American Federation of Government Employees, Local 1612, AFL-CIO (Union) and U.S. Department of Justice, Bureau of Prisons, U.S. Medical Center for Federal Prisoners, Springfield, Missouri (Activity)
Army arbitration exceptions dismissed after clarification request (FLRA O-AR-175)
An Army agency challenged an arbitration award dated October 3, 1980. The parties later asked the arbitrator for clarification, but he declined to issue another opinion. The Authority held that the thirty day exception period still ran from the original award date and dismissed the December filing…
Department of the Army, U.S. Army Training Center Engineer and Fort Leonard Wood (Activity) and National Association of Government Employees, Local R14-32 (Union)
Army removal award outside Authority review (FLRA O-AR-155)
An arbitrator rejected a timeliness challenge to an Army employee’s removal and returned the grievance for further processing. The union asked the Authority to reverse the removal. The Authority held that removal awards fall under section 7121(f), outside its exceptions jurisdiction under section…
United Mine Workers of America on behalf of Norman Beaver v. North American Coal Corporation
UMWA on behalf of Norman Beaver v. North American Coal (FMSHRC LAKE 81-55-D): Walkaround pay complaint dismissed
Norman Beaver, a miners' walkaround representative at North American Coal's Powhatan No. 1 Mine, accompanied a federal inspector on three days in June 1979 when he was not scheduled to work. The company allowed him to join the inspections but declined to pay him for those days. The UMWA brought a…
International Association of Firefighters, AFL-CIO, Local F-116 (Union) and Headquarters, 4392d Aerospace Support Group (SAC), Vandenberg Air Force Base, California (Activity)
Firefighters negotiability petition dismissed as late (FLRA 0-NG-396)
A firefighters union filed a negotiability petition on October 30, 1980, after receiving the agency’s nonnegotiability allegation on September 30. The Authority held that it missed the fifteen day filing period and dismissed the appeal without deciding negotiability.
Consolidation Coal Co.
$900 settlement approved for loose coal accumulation
The parties sought approval of a $900 settlement for a charge involving about 24 tons of loose coal in two entries of Consolidation Coal's Pursglove No. 15 Mine. The judge said a section foreman had noticed the condition but took no corrective action, and the record did not show what caused the…
Davis Coal Company
$3,720 settlement approved
The parties renewed a settlement request covering 21 violations at Davis Coal Company's Marie No. 1 Mine after the judge rejected an earlier proposal with much larger penalty reductions. Judge Joseph B. Kennedy found that the company's financial records did not support its claim that substantial…
Eddie Coal Company, Inc.
Penalties assessed and settlements approved
Eddie Coal Company operated the No. 14 Mine in Kentucky and faced 59 alleged mine safety violations in four consolidated penalty cases. Judge Richard C. Steffey issued final bench decisions on eight contested citations and approved the parties' settlement of the other 51 alleged violations. He…
Department of the Navy, Naval Supply Center, Oakland, California (Activity/Petitioner) and International Association of Machinists and Aerospace Workers, Lodge 739, AFL-CIO (Labor Organization) and American Federation of Government Employees, Local 1533, AFL-CIO (Labor Organization)
Oakland naval supply unit gains transferred employees (FLRA 9-CU-18)
A Navy reorganization moved about four hundred Alameda supply employees into the Oakland Naval Supply Center’s aviation department. The Authority directly decided the unit petition, with no regional decision under review. It found that the employees had become operationally integrated with the…
Federated Metals, Inc.
Citation dismissals set aside for obstructed discovery
Federated Metals contested citations involving employee exposure to lead, copper, and noise, along with related respiratory protection and lead-control requirements. The judge dismissed the cases when the Secretary declined to present evidence at the scheduled hearing. The Commission found that…
Ed Cheff d/b/a Ed Cheff Logging
Seatbelt requirement for logging tractors affirmed
Ed Cheff Logging used crawler tractors with rollover protective structures but did not provide or require seatbelts. Tractor operators faced rollover risks on steep terrain as well as risks from branches and debris entering the cab. The Commission held that the general personal protective equipment…
National Bureau of Standards, Boulder Laboratories, Plant Division 283.00, Boulder, Colorado (Respondent) and American Federation of Government Employees, Local 2186, AFL-CIO (Charging Party)
Boulder laboratory weekend overtime complaint dismissed (FLRA 7-CA-328)
A federal laboratory changed weekend call back overtime practices, prompting a union complaint alleging failure to give notice and bargain. The judge found the asserted unfair labor practice was not proved. With no exceptions filed, the Authority adopted the judge’s findings and dismissed the…
U.S. Department of Transportation, Federal Aviation Administration, Airway Facilities Center, Denver Air Route Traffic Control Center, Longmont, Colorado (Respondent) and Denver ARTCC Professional Airways System Specialists, Local 404 (Charging Party)
FAA television removal complaint dismissed (FLRA 7-CA-32)
An FAA facility removed a television from a shared work and break room. A union charged that management acted without proper bargaining under the former federal labor relations executive order. The judge recommended dismissal, and no exceptions were filed. The Authority adopted the judge’s decision…
Norfolk Naval Shipyard, Portsmouth, Virginia (Respondent) and International Federation of Professional and Technical Engineers, Local No. 1 (Charging Party) and Tidewater Virginia Federal Employees Metal Trades Council, AFL-CIO (Charging Party)
Norfolk shipyard union threats and reprisal order modified (FLRA 3-CA-63)
Four consolidated complaints alleged threats and reprisal at Norfolk Naval Shipyard under the former executive order and the federal labor statute. The Authority adopted the judge’s findings with stated modifications, including violations for threats, restrictions on union contact, and withholding…
The Adjutant General State of Vermont, Vermont Air National Guard (Activity/Petitioner) and The Green Mountain Chapter, Association of Civilian Technicians, Inc. (Labor Organization)
Vermont Guard supervisory posts removed from unit (FLRA 1-CU-20)
A Vermont Air National Guard activity asked to exclude twelve positions as supervisory. The Authority directly decided the unit petition, with no regional decision under review. It found ten incumbents exercised supervisory authority and excluded them, while two employees lacked that authority and…
American Federation of Government Employees, AFL-CIO , National Council of CSA Locals (Union) and Community Services Administration (Agency)
Performance standard grievance proposal rejected (FLRA 0-NG-90)
A union proposed that management performance standards be subject to a negotiated grievance challenge. The Authority found that arbitral review of the agency’s establishment of performance standards would infringe management rights under the federal labor statute. It dismissed the negotiability…
Department of the Army, Corps of Engineers, Detroit District (Activity) and American Federation of Government Employees, Local 830 (Union)
Detroit Corps on call pay award upheld (FLRA 0-AR-37)
A Corps of Engineers electrician sought extra pay for time spent available by phone for emergency call back. The arbitrator denied the grievance. The Authority held that he was free to remain away from the worksite and that the union had not shown a statutory pay entitlement or a constitutional…
Lackland Air Force Base (Activity) and American Federation of Government Employees, Local 1367 (Union)
Lackland promotion evaluation award upheld (FLRA 0-AR-31)
A Lackland employee challenged her exclusion from a final group of candidates for an equal employment opportunity job. An arbitrator found that the agency should have prepared a promotion evaluation pattern earlier, but that the error did not change her rating or prevent full consideration. The…
Council of District Office Locals, American Federation of Government Employees, San Francisco Region, AFL-CIO (Union) and Office of Program Operations, Field Operations, Social Security Administration, San Francisco Region (Activity)
Social Security career ladder grade award upheld (FLRA 0-AR-123)
A Social Security employee moved into a career ladder job at the same grade even though she was qualified for the next grade. The arbitrator found an established practice of placing selectees at their highest qualified grade and granted relief. The Authority rejected the agency’s exceptions…
Professional Air Traffic Controllers Organization (Union) and Federal Aviation Administration (Agency)
FAA controller immunity award narrowed (FLRA 0-AR-100)
The FAA changed an aviation safety reporting program that had provided certain immunity from discipline, and a union won an arbitration order restoring the earlier version for controllers. The Authority held that a complete restoration would block management’s statutory right to discipline…
Transamerica Delaval, Inc.
Late-contest dismissal reversed for a mailing-date hearing
Transamerica Delaval received amended citations and had 15 working days to file a notice of contest. Its notice was dated on the deadline but carried a postmark four days later. The judge treated the postmark as controlling and dismissed the contest as untimely. The Commission held that a postmark…
United States Marine Corps, Marine Corps Logistics Base, Barstow, California (Respondent) and American Federation of Government Employees, Local 1482, AFL-CIO (Charging Party)
Marine base ordered to reinstate employee fired for union activity (FLRA 8-CA-554)
At the Marine Corps Logistics Base in Barstow, a judge found that management terminated Oscar Carr and interfered with employees because of protected union activity. No party filed exceptions. The Authority adopted the judge’s findings and ordered reinstatement, back pay, and a posted notice.
Consolidated Rail Corporation
Bridge fall-protection violation affirmed
Consolidated Rail employees replaced railroad ties on a bridge 34 feet above a busy roadway. Removing groups of ties left large openings, but the employees had no equipment protecting them from a fall. The Commission held that a Federal Railroad Administration policy statement did not displace OSHA…
U.S. Department of Agriculture, Food and Nutrition Service, Minneapolis ADP Field Center, Minneapolis, Minnesota (Activity) and American Federation of Government Employees, AFL-CIO (Petitioner)
Minneapolis computer center unit petition dismissed (FLRA 5-RO-23)
A union sought an election for employees at a Minneapolis food service computer center. The Authority directly considered whether that group was an appropriate bargaining unit. It found the employees shared duties, personnel rules, and work with employees in four other branches of the same…
MCC of Florida, Inc.
Barge work stays under the OSH Act, gas-cylinder item conditionally vacated
MCC of Florida was building two highway bridges at Tice, Florida. Part of the work was done from cranes mounted on barges in the water below the bridges. An OSHA inspection produced one citation for a serious violation and one citation listing six other than serious items. Administrative Law Judge…
Daniel International Corp., Brown & Williamson Project
Erratic tie-off discipline sinks the unpreventable employee misconduct defense, and a fatal fall citation is reinstated
Commissioners Cleary and Cottine reversed Administrative Law Judge James D. Burroughs and affirmed the amended citation as a serious violation of 29 C.F.R. § 1926.28(a), assessing an $800 penalty. The judge had vacated the citation after finding the employees' conduct unpreventable. The Secretary…
Internal Revenue Service, Boston District Office, Boston, Massachusetts and Internal Revenue Service, Andover Service Center, Andover, Massachusetts (Respondents) and National Treasury Employees Union (Charging Party)
IRS union retaliation ruling and posting remedy modified (FLRA 1-CA-71)
An IRS Boston District Office employee was removed from a detail at the Andover Service Center after union activity there. The judge found that Boston had violated the statute but dismissed the allegations against Andover. The Authority adopted those results, found that the removal was based solely…
American Federation of Government Employees, Local 3805, AFL-CIO (Union) and Federal Home Loan Bank Board, Boston District Office (Agency)
Bank examiner duty station proposal held nonnegotiable (FLRA 0-NG-368)
The Federal Home Loan Bank Board planned to retain Boston and Hartford as official duty stations for its Boston District bank examiners. A union proposed keeping incumbent examiners at their existing duty stations. The Authority held that the proposal would require the agency to maintain stations…
National Treasury Employees Union (Union) and Department of Health and Human Services, Region X, Seattle, Washington (Activity)
SSA merit promotion rating proposal ordered to bargaining (FLRA 0-NG-286)
A union proposed rating schedules for merit promotions in a federal social insurance program office. The agency said national rating factors and weights were necessary for technical program jobs. The Authority found that the agency had not supported its compelling need claim. It ordered bargaining…
National Labor Relations Board Union (Union) and General Counsel of the National Labor Relations Board (Agency)
NLRB investigative file copying proposal held nonnegotiable (FLRA 0-NG-188)
A union proposed allowing employees and union officials to photocopy NLRB investigative files for grievance processing. The agency objected that the proposal would limit its control over confidential case material. The Authority held that the disputed terms interfered with the agency’s right to…
Secretary of Labor on behalf of Dunmire and Estle v. Northern Coal Company
Dunmire and Estle v. Northern Coal Company (FMSHRC WEST 80-313-D): Discrimination claims sustained
Northern Coal discharged miners Michael Dunmire and James Estle after they raised concerns about the roof and ribs in their work area. Judge John J. Morris found that Dunmire reasonably refused unsafe work and that Estle's warning to the crew was protected activity. He sustained both discrimination…
Asarco, Inc.
Two noise citations vacated
Asarco contested two noise citations involving a secondary crusher operator and a ball mill operator at its New Market Mill. MSHA proposed sound booths as a way to reduce the workers' exposure, but Judge George A. Koutras found its proof of feasible controls speculative. He credited evidence that…
Ozark-Mahoning Company
$1,665 assessed for three citations
Ozark-Mahoning operated the underground Barnett Mine in Illinois. Judge James A. Laurenson approved a $15 settlement for an unbonded door on an explosives magazine. He also found that the company had failed to maintain and test self-contained mine rescue apparatus kept at the mine, even though it…
Whirlpool Corporation
Case sent back for more evidence on whether safer screens were feasible
In an earlier decision the Commission found that Whirlpool violated the general duty clause because guard screens its employees had to work on were not strong enough to hold their weight, and that installing stronger screening was feasible. Whirlpool appealed, and the D.C. Circuit held that the…
Whirlpool Corp.
General duty citation remanded for feasibility evidence
The Commission had previously found that Whirlpool violated the general duty clause because guard screens supporting employees were not strong enough. A federal appeals court ruled that the record did not contain substantial evidence supporting the Commission's finding that stronger screening was a…
Army and Air Force Exchange Service, Dallas, Texas (Agency) and American Federation of Government Employees, AFL-CIO (Petitioner)
Exchange service consolidation approved for employee vote (FLRA 6-UC-1)
A union sought to consolidate 69 Army and Air Force Exchange Service bargaining units. The Authority directly found the proposed unit appropriate because employees shared the retail mission and national personnel policies, and a single unit would improve bargaining and reduce fragmentation. It…
Department of Defense, U.S. Army, Corps of Engineers (Agency) and National Federation of Federal Employees (Petitioner)
Corps of Engineers unit consolidation petition dismissed (FLRA 3-UC-7)
A union asked to consolidate 37 Corps of Engineers bargaining units into one unit. The Authority directly assessed the proposed unit and found that the employees worked across different missions, locations, and job classifications. Local offices also controlled many personnel and labor matters. It…
Department of Transportation, Washington, DC (Agency) and American Federation of Government Employees, Local 3313, AFL-CIO (Petitioner); Department of Transportation, Research and Special Programs Administration, Washington, DC (Activity) and American Federation of Government Employees, Local 3313, AFL-CIO (Petitioner)
Transportation unit consolidation and clarification petitions dismissed (FLRA 3-UC-3)
A union sought to consolidate Transportation Department bargaining units and clarify the proposed unit. The Authority directly found the requested mix of headquarters and selected field employees inappropriate because it omitted most field employees and would not promote effective dealings. It also…
Matter of Hann
Divorce validity questions required remand
The Board reviewed a visa petition filed by a United States citizen for his Japanese spouse. The petitioner had obtained a divorce in the Dominican Republic before marrying the beneficiary in Japan, and an officer had questioned whether that divorce was legally effective. The Board held that the…
Matter of Belenzo
Five-year rescission limit did not bar deportation proceedings
The Board reviewed deportation proceedings against a Philippine national whose permanent resident status had been adjusted after a marriage that concealed an earlier undissolved marriage. The Immigration Judge terminated the proceedings because more than five years had passed since the adjustment…
Pocahontas Construction Company
Default order vacated over disputed service
The Secretary sought $122 in penalties for three alleged violations, but Pocahontas Construction Company did not answer the penalty petition. An administrative law judge entered a default order after the company did not respond to an order to show cause. Pocahontas said it never received that…
Old Ben Coal Corporation
Withdrawal order vacatur affirmed
Old Ben Coal challenged a 1974 withdrawal order alleging a coal-dust violation at its mine. The judge found that an inspection of the entire mine, with no similar violations disclosed, occurred between an earlier notice and order and the new withdrawal order. That clean inspection broke the…
Mullin Creek Coal Company, Inc.
Back-pay data deadline extended
In a discrimination case involving nine complainants, their counsel asked for more time to compile back-pay information after an investigator's training delayed the work. Judge Richard C. Steffey extended the deadline from May 22 to July 6, 1981. He said he could modify the extension if the company…
Matter of Ibrahim
Preconceived intent limited adjustment relief
The Board reconsidered a case involving a Lebanese citizen who entered the United States as a visitor and later sought adjustment of status through a fifth-preference visa petition filed by his sister. The Immigration Judge denied adjustment after finding that he entered with a preconceived…
Alton Box Board Company
Unguarded chain and sprocket reclassified de minimis, $200 penalty removed
At Alton Box Board's paper tube plant in Jacksonville, Florida, OSHA cited an unenclosed chain and sprocket drive on the No. 2 spiral machine under the mechanical power transmission standard, which requires sprocket wheels and chains to be enclosed unless they sit more than seven feet above the…
Airlift International, Inc.
Violation set aside because the inspector's notes were never produced
An OSHA compliance officer inspected Airlift's operation at John F. Kennedy Airport, where the company's employees loaded freight onto aircraft, and the Secretary cited Airlift for exposing freight handlers to foot injuries without foot protection under the personal protective equipment standard…
United Minerals
Three tipple citations upheld with $96 penalty
United Minerals argued that its coal crushing and loading tipple was regulated by OSHA rather than the Mine Act. Judge George A. Koutras found that the facility was a custom coal preparation operation within MSHA's jurisdiction. He upheld citations for lacking a conveyor start warning system, a…
Alabama By-Products Corp.
Roof support citation dismissed
MSHA sought a civil penalty after rock fell at Alabama By-Products' Maxine Mine and killed a section electrician. Judge Paul Merlin found that the rock had been tested and found sound shortly before it fell. He accepted testimony that prying it down had failed and that timbering, bolting, or…
American Federation of Government Employees, Local 2955, AFL-CIO (Union) and National Guard Bureau, Office of the Adjutant General, Des Moines, Iowa (Agency)
National Guard grievance option provision held nonnegotiable (FLRA O-NG-206)
An Iowa National Guard agreement provision would let employees choose between a negotiated grievance procedure and a statutory appeal for any covered matter. The agency head disapproved it. The Authority held that the broad choice conflicted with the statutory rule making negotiated procedures…
Trident Refit Facility, Bangor, Bremerton, Washington (Activity) and International Association of Machinists and Aerospace Workers, District Local 282, AFL-CIO (Petitioner) and American Federation of Government Employees, AFL-CIO (Intervenor) and Bremerton Metal Trades Council, (AFL-CIO) (Cross Petitioner)
Trident refit employee election directed and craft petition dismissed (FLRA 9-RO-30)
Unions sought representation at a Navy submarine refit facility in Washington. The Authority directly found a combined unit of nonprofessional General Schedule and Wage Grade employees appropriate because they shared a mission, supervision, and personnel policies. It rejected a separate Wage Grade…
Defense Mapping Agency, Inter-American Geodetic Survey (Activity) and Panama DOD Employees Coalition, CTRP (American Federation of Government Employees, Local 14, AFL-CIO) (Petitioner) and National Maritime Union of America, AFL-CIO (Intervenor)
Panama mapping survey unit elections directed (FLRA 6-RO-60)
A union coalition sought to represent employees of a Defense Mapping Agency survey operation in Panama. The Authority directly found the proposed unit appropriate with temporary employees excluded because they lacked a community of interest with regular staff. It classified interpreters as…
National Labor Relations Board, Region I, Boston, Massachusetts (Respondent) and Ronald Lasky (Charging Party)
NLRB overtime claim threat ruling adopted (FLRA 1-CA-28)
An NLRB regional office threatened an employee with an investigation after he asserted a contractual right to seek overtime pay. The judge found that threat unlawful under the former federal labor relations executive order but dismissed other allegations. The Authority adopted the judge’s findings…
U.S. Department of Air Force, Air Force Systems Command, Electronic Systems Division, Hanscom AFB, Massachusetts (Respondent) and National Federation of Federal Employees, Local 975 (Labor Organization)
Air Force downgrade bargaining complaint dismissed (FLRA 1-CA-256)
An Air Force activity gave the union advance notice of planned job downgrades. The union did not request bargaining over their impact or implementation. The judge recommended dismissing the unfair labor practice complaint, and no party filed exceptions. The Authority adopted the recommendation and…
American Federation of Government Employees, Local 1923, AFL-CIO (Union) and Department of Health and Human Services (Activity)
Health agency negotiability appeal dismissed as late (FLRA 0-NG-461)
A union appealed an agency allegation that a proposal was outside the duty to bargain. The allegation had been served by March 13, 1981, but the union filed on April 6. The Authority applied the fifteen day filing period and dismissed the petition as untimely without reaching negotiability.
National Federation of Federal Employees, Local 476 (Union) and Headquarters, Army Communications and Electronics, Materiel Readiness Command and Fort Monmouth, Fort Monmouth, New Jersey (Activity)
Army contracting appeal dismissed without proposal text (FLRA 0-NG-363)
A union appealed a dispute about bargaining over the effects of contracting out motor vehicle maintenance. It had not supplied specific proposal language. The Authority found that it could not decide negotiability without a proposal defined enough to test against law and regulation. It dismissed…
Island Creek Coal Co.
$1,500 penalty for trucks slipping on haul road
At Island Creek's surface mine, large rock trucks slipped and slid on a muddy, elevated haul road during heavy rain. Judge George A. Koutras credited the inspector, a union safety representative, and a driver who reported difficulty controlling his truck. He found that the drivers did not have full…
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.