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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Norfolk Naval Shipyard, Norfolk, Virginia (Respondent) and Tidewater Virginia Federal Employees Metal Trades Council, AFL-CIO (Charging Party)
Norfolk shipyard union-release complaints dismissed (FLRA 3-CA-150)
A Norfolk Naval Shipyard supervisor briefly refused to release a union steward for union business, then corrected the instruction within minutes. The administrative law judge recommended dismissal of the unfair labor practice complaints. The Authority adopted that result, explaining that a remedy…
American Federation of Government Employees, Local 3656 (Union) and Federal Trade Commission, Boston Regional Office, Massachusetts (Agency)
FTC reasonable performance standards proposal negotiable (FLRA 0-NG-273)
A union proposed that the Federal Trade Commission’s Boston office develop reasonable performance standards for bargaining unit employees. The agency argued the language conflicted with management rights and agency regulations. The Authority found the proposal permissible and rejected the claimed…
Internal Revenue Service, Chicago District Office (Activity) and National Treasury Employees Union, Chapter 10 (Union)
IRS caseload grievance arbitrability award sustained (FLRA 0-AR-50)
IRS revenue officers grieved allegedly unmanageable caseloads under their labor agreement. The arbitrator decided only that the grievances could be arbitrated, leaving their merits for later consideration. The agency argued that management rights and negotiability concerns made the grievances…
Secretary of Labor (MSHA) v. Keystone Portland Cement Company
Keystone Portland Cement Company (FMSHRC PENN 80-25-M): Electrical penalty reduced to $4,500
An electrician apprentice died while working at an electrical panel in Keystone Portland Cement's plant. A relay inside the panel remained energized from a separate power source while the nearby switch was off. Keystone admitted violating the electrical lockout standard, and the hearing addressed…
Secretary of Labor (MSHA) v. Herb Coal Company
Herb Coal Company (FMSHRC WILK 79-116-P): $100 penalty for refusing a mine inspection
An MSHA inspector arrived at Herb Coal Company's No. 7 Drift Mine for a health and safety inspection. Proprietor Dale Herb refused entry because the inspector did not have a search warrant. Judge John F. Cook found that the refusal violated section 103(a) of the Mine Act, although Herb's…
Secretary of Labor (MSHA) v. Ralph Foster and Sons
Ralph Foster and Sons (FMSHRC WEST 79-397-M and DENV 79-483-PM): Two citations vacated by the judge
MSHA cited Ralph Foster and Sons for two miners drilling without eye protection and for an unguarded belt drive at a uranium mine. Judge John J. Morris found that the eye protection violation occurred but vacated its citation because he credited testimony that MSHA named the wrong mine. He also…
Helvetia Coal Company v. Secretary of Labor (MSHA)
Helvetia Coal Company (FMSHRC PENN 80-143-R): Imminent-danger withdrawal order affirmed
Helvetia Coal Company sought to vacate an imminent-danger withdrawal order at its Lucerne No. 6 Mine. An MSHA inspector found a bare energized conductor near the metal frame of a battery charger with an unreliable ground connection in a narrow travelway. Judge James A. Laurenson found that miners…
Secretary of Labor (MSHA) v. DKT Coal Company
DKT Coal Company (FMSHRC KENT 79-349): Five citations upheld with $428 in penalties
MSHA cited DKT Coal Company's No. 3 Mine for an inoperative emergency deenergizing device, ventilation plan violations, unguarded roof bolter belts, and coal and dust accumulations. Judge John F. Cook found violations under all five citations but rejected the allegation that the ventilation plan…
Matter of Alarcon
Marriage removed unmarried-daughter preference
The Board reviewed a deportation case involving a Filipino woman who entered with an immigrant visa issued as the unmarried daughter of a lawful permanent resident. She had married before entering the United States, so she no longer qualified for that preference classification. The Board held that…
Secretary of Labor (MSHA) v. Blackjack Coal Company, Inc.
Blackjack Coal Company (FMSHRC BARB 78-705-P): Penalties reduced to $485 across five cases
Blackjack Coal Company operated two surface mines cited for 24 violations across five penalty cases. The company stipulated that the violations occurred, leaving the effect of penalties on its ability to continue in business as the contested issue. Judge John F. Cook found that the proposed…
National Treasury Employees Union (Union) and Internal Revenue Service (Agency)
IRS arbitration exceptions dismissed as late (FLRA 0-AR-160)
The National Treasury Employees Union filed exceptions to an IRS arbitration award dated September 19, 1980. The Authority’s 30-day rule made October 20 the deadline, but the union filed on October 23. The Authority said it could not extend or waive that limit. It dismissed the exceptions without…
Department of Health, Education and Welfare, Social Security Administration, Southeastern Program Center, Birmingham, Alabama (Activity) and American Federation of Government Employees, Local 2206 (Union)
Social Security arbitration exceptions dismissed as late (FLRA 0-AR-149)
A Social Security Administration union filed exceptions to an arbitration award dated September 3, 1980. The Authority’s 30-day rule required filing by October 2, but the union filed on October 6. The Authority stated it lacked power to extend or waive the deadline. It dismissed the exceptions…
Secretary of Labor v. Red Ash Smokeless Coal Corp.
Red Ash Smokeless Coal Corp. (FMSHRC VA 80-137): $2,000 roof control settlement approved
Red Ash Smokeless Coal faced an initial $2,500 assessment for two serious roof control violations at its No. 1 Mine. The parties proposed settling for $2,000. Judge Joseph B. Kennedy found that amount consistent with the Mine Act's purposes for the corporate operator and approved the settlement. He…
Secretary of Labor v. G & M Coal Company
G & M Coal Company (FMSHRC SE 79-128): Explosives and roof control citations upheld
MSHA cited G & M Coal at its No. 1 Wartburg Mine for storing explosives and detonators together in a temporary office and for failing to provide a calibrated torque wrench required by its roof control plan. Judge George A. Koutras found that both conditions violated the cited standards and affirmed…
Secretary of Labor v. The Standard Slag Company
The Standard Slag Company (FMSHRC LAKE 79-217-M and VINC 79-100-PM): Conveyor and access citations vacated
MSHA cited Standard Slag for unguarded pulleys on a new conveyor and for material blocking a catwalk beneath another conveyor at its Marblehead stone operation. Three other citations in the consolidated cases had already been vacated by MSHA and were dismissed at the hearing. Judge George A…
Matter of Perez-Valle
Acquittal did not bar alienage finding
The Board reviewed a deportation case involving a Mexican national who had previously been acquitted of a criminal charge that required proof of alienage. It held that the acquittal did not prevent the government from litigating his alienage in the separate deportation proceeding because the…
Secretary of Labor v. Hi Tenn, Inc.
Hi Tenn, Inc. (FMSHRC BARB 79-69-P): Unguarded pulley upheld, second citation settled
MSHA sought penalties against Hi Tenn for two citations at its Westel Tipple. The company did not appear at the hearing, and Judge George A. Koutras proceeded on the Secretary's evidence. He affirmed a citation for an unguarded tail pulley on a working portable crusher and assessed $210. Hi Tenn…
Secretary of Labor v. Goode Contractors
Goode Contractors (FMSHRC WEVA 80-540): Judge suspends payment of $1 penalty
In a civil penalty case involving Goode Contractors' No. 1 Surface operation, Judge Joseph B. Kennedy ordered a $1 penalty for a violation he found. He suspended payment of that penalty and dismissed the proceeding. The short published order refers to an earlier show-cause order, the Secretary's…
Secretary of Labor v. Old Ben Coal Company
Old Ben Coal Company (FMSHRC VINC 75-183-P and related dockets): Six remanded violations assessed at $600
The same judge's earlier decision had vacated six notices against Old Ben Coal concerning combustible material and incombustible content of mine dust. The Commission set those rulings aside and remanded for further action. Judge Charles C. Moore, Jr., found two combustible material violations and…
Secretary of Labor v. Tazco, Inc.
Tazco, Inc. (FMSHRC VA 80-121): Judge suspends $400 penalty payment, later reversed
The parties proposed a $400 settlement for a serious roof control violation at Tazco's Laurel Mine No. 2, reducing the initial $500 assessment. Judge Joseph B. Kennedy concluded that the reduction did not give enough weight to the operator's disciplinary action against a miner who had refused to…
Secretary of Labor v. Tacey Transport Corporation
Tacey Transport Corporation (FMSHRC YORK 80-68-M and YORK 80-72-M): Guarding and brake violations upheld
MSHA cited Tacey Transport Corporation for two exposed machine parts at its pit and plant and for operating a front-end loader with a disconnected rear brake. Judge Gary Melick upheld both guarding citations under 30 C.F.R. § 56.14-1 and the brake citation under 30 C.F.R. § 56.9-3. He found reduced…
Secretary of Labor v. Fillmore Industries, Inc.
Fillmore Industries (FMSHRC YORK 80-66-M): Four guarding citations settled for $80
MSHA cited Fillmore Industries four times for exposed moving machine parts at its pit and plant, proposing $40 for each citation. The operator believed guards were unnecessary because the beltline had skirtboards and said the equipment manufacturer had represented it as compliant. The Secretary…
Secretary of Labor v. Union Rock & Materials Corporation
Union Rock & Materials (FMSHRC WEST 79-93-M): Five citations upheld and three vacated
MSHA issued eight citations to Union Rock & Materials at its Mesa Plant and Pit. Judge John J. Morris upheld a citation for an opening along a walkway because a handrail alone left a fall hazard, and another for a wet insulating mat near electrical switches. He vacated an inadequate lighting…
Jim Walters Resources, Inc. v. Secretary of Labor
Jim Walters Resources (FMSHRC SE 80-43-R and SE 80-141): Roof control citation vacated
A miner died in a roof fall at Jim Walters Resources' No. 3 coal mine while attempting to install a second temporary roof support. MSHA cited the company under 30 C.F.R. § 75.200, alleging that the miner had crossed beyond permanent support on the wrong side of the first temporary support. Judge…
Secretary of Labor v. Lone Star Steel Company
Lone Star Steel Company (FMSHRC DENV 79-291-PM and DENV 79-439-PM): Mine owner liable for contractor violations
A worker employed by Lone Star Steel's construction contractor died after falling from a column at Lone Star's iron ore processing facility. MSHA cited Lone Star for the worker's failure to tie off his safety belt and for the contractor's delayed report of the accident. Judge Forrest E. Stewart…
Secretary of Labor v. Cash & Carry Gravel, Inc.
Cash & Carry Gravel (FMSHRC LAKE 80-48-M): Settlement denied and six penalties assessed
MSHA cited Cash & Carry Gravel for six safety and reporting violations at its Middlemiss Pit in Michigan. The parties proposed to settle the charges for $580, but Chief Judge James A. Broderick denied the motion after hearing the evidence. He rejected the company's arguments that its local sales…
Secretary of Labor v. J. P. Burroughs & Sons, Inc.
J. P. Burroughs & Sons (FMSHRC LAKE 80-173-M and LAKE 80-189-M): Three citations upheld and three vacated
MSHA proposed penalties for alleged safety violations at J. P. Burroughs & Sons' sand and gravel plant. Chief Judge James A. Broderick upheld citations for a fire extinguisher that was too far from welding work, an inaudible loader backup alarm, and inadequate lighting in a feed tunnel. He vacated…
Council of Southern Mountains, Inc. v. Martin County Coal Corporation
Council of Southern Mountains v. Martin County Coal (FMSHRC KENT 80-222-D): Review petitions dismissed as premature
An administrative law judge found that Martin County Coal unlawfully barred a miners' representative from observing training classes and ordered reimbursement of the representative's fees and costs. The judge did not specify the amount of that award. Both sides petitioned the Commission for review…
United States Army, Corpus Christi Army Depot, Corpus Christi, Texas (Respondent) and Jesse O. Hall (Complainant)
Army depot union-related transfer discrimination upheld (FLRA 63-8792(CA))
A Corpus Christi Army Depot employee was denied a transfer that would have allowed overtime, in part because of his union activity. The administrative law judge found discrimination and interference under the earlier executive order, while rejecting another allegation. The Authority adopted those…
American Federation of Government Employees, AFL-CIO, Local 2000 (Respondent) and Sallie J. Whitaker and G. Irene McDonald, Individuals and Sallie J. Whitaker, and Individual (Charging Parties)
Union benefit reimbursement remedy broadened (FLRA 6-CO-1)
Three complaints alleged that AFGE Local 2000 committed unfair labor practices affecting two individuals’ benefits. The administrative law judge found violations and proposed restoration of specified benefits. The union’s exceptions were late and were not considered. The Authority adopted the…
U.S. Department of Treasury, Internal Revenue Service (Respondent) and National Treasury Employees Union and National Treasury Employees Union Chapter 10 (Charging Party)
IRS EEO committee interference finding expanded (FLRA 5-CA-97)
An IRS district office was accused of interfering with union-appointed members of an equal employment opportunity advisory committee. The administrative law judge found violations in two incidents but dismissed a third. The Authority upheld the first two findings and disagreed about the third…
Department of Energy, Oak Ridge Operations, Oak Ridge, Tennessee (Activity) and National Association of Government Employees, Local R5-181 (Petitioner) and Office and Professional Employees International Union, AFL-CIO (Intervenor)
Oak Ridge challenged ballots sent for conditional count (FLRA 4-RO-39)
After a representation election at the Department of Energy’s Oak Ridge operation, several employee ballots were challenged. An administrative law judge recommended how to resolve the challenges, and no exceptions were filed. The Authority adopted the judge’s findings and directed that specified…
Army Communications Systems Agency, Fort Monmouth, New Jersey (Activity) and National Federation of Federal Employees, Local 476 (Petitioner) and American Federation of Government Employees, Local 1904, AFL-CIO (Intervenor)
Fort Monmouth unit positions reviewed and election directed (FLRA 2-RO-14)
A union sought to replace the incumbent representative of Army Communications Systems Agency employees at Fort Monmouth. The Authority directly considered disputed employee positions and their statutory unit status, with no Regional Director decision under review. It excluded positions it found to…
Department of the Navy, Portsmouth Naval Shipyard (Respondent) and Portsmouth Federal Employees Metal Trades Council, AFL-CIO (Charging Party)
Portsmouth shipyard overtime-records complaint dismissed (FLRA 1-CA-64)
A Portsmouth Naval Shipyard union requested overtime records while investigating grievances about assignments to extended refit work in Scotland. The shipyard denied a broad records request, and the union filed an unfair labor practice charge. The administrative law judge found that the labor…
Department of the Navy, Supervisor of Ship-Building, Conversion and Repair, Groton, Connecticut (Respondent) and American Federation of Government Employees, Local 2105, AFL-CIO (Charging Party)
Groton checklist complaint dismissal upheld (FLRA 1-CA-232)
A union alleged that a Navy shipbuilding office in Groton should have bargained before distributing checklists to supervisors. The administrative law judge found the distribution did not change employees’ conditions of employment and recommended dismissal. The Authority adopted that finding despite…
Veterans Administration Medical Center, Bath, New York (Respondent) and American Federation of Government Employees, AFL-CIO, Local 491 (Labor Organization)
Bath VA labor complaints dismissed (FLRA 1-CA-112)
Three unfair labor practice complaints involved a VA medical center in Bath, New York, and its union. The matters included a physician’s union representation at a staff meeting and a change to a board concerned with patient care. The administrative law judge found no statutory violation and…
Decision on Request for General Statement of Policy or Guidance
Guard technician grievance policy request denied (FLRA 0-PS-19)
The National Federation of Federal Employees asked for broad guidance on whether National Guard technician adverse actions must be excluded from negotiated grievance procedures. The Authority concluded the issue could be addressed through a specific negotiability case under 5 U.S.C. § 7117. It…
American Federation of Government Employees, Local 3403, AFL-CIO (Union) and National Science Foundation, Washington, DC (Agency)
NSF reduction-in-force bargaining appeal dismissed (FLRA 0-NG-243)
The National Science Foundation proposed changes to a reduction-in-force circular, and a union submitted additional revisions for bargaining. The agency disputed whether those union proposals were within its midcontract bargaining obligation. The Authority concluded the dispute concerned a duty to…
American Federation of Government Employees, Local 2578, AFL-CIO (Union) and General Services Administration, National Archives and Records Service, Washington, DC (Agency)
Archives midterm bargaining appeal dismissed (FLRA 0-NG-232)
A union at the National Archives and Records Service proposed to bargain over career-ladder job levels during an existing agreement. The agency disputed whether it had any duty to bargain absent a change in conditions of employment. The Authority held that the live issue was a bargaining…
American Federation of Government Employees, AFL-CIO, Council of Social Security District Office Locals (Union) and Department of Health, Education and Welfare, Social Security Administration, San Francisco Region, Bureau of District Office Operations, San Francisco, California (Agency); American Federation of Government Employees, AFL-CIO, Local 3571 (Union) and, Department of Health, Education and Welfare, Social Security Administration, South Bend District, Indiana (Agency) , American Federation of Government Employees, Local 1395, AFL-CIO (Union) and Department of Health, Education and Welfare, Social Security Administration, Great Lakes Program Service Center, Chicago, Illinois (Agency)
Three Social Security negotiability appeals dismissed (FLRA 0-NG-138)
Three Social Security Administration unions brought negotiability appeals from separate bargaining disputes. The Authority found that the disagreements turned on whether bargaining was required or on the meaning of the parties’ agreements. Those questions did not ask whether the disputed proposals…
William A. Robison v. South Union Coal Company
William A. Robison v. South Union Coal (FMSHRC WEVA 80-246-D): Discrimination complaint denied
William A. Robison, a section foreman at South Union Coal's Jamison No. 12 Mine, said the company discharged him because he would not press two miners to work when ventilation was inadequate. Judge Richard C. Steffey found that the miners initially refused to run the mining machine because of dust…
Matter of Rodriguez
Peruvian child qualified as an orphan for visa petition
The Commissioner reviewed a visa petition seeking immediate-relative orphan classification for a child born in Peru. The child's unmarried mother said she could not provide proper care and irrevocably released the child for emigration and adoption, while the father's acknowledgment of paternity did…
Consolidation Coal Company v. Secretary of Labor
Consolidation Coal Company (FMSHRC PENN 80-224-R and related dockets): Haulage citations upheld
Consolidation Coal contested four citations involving mine trains on ascending haulage grades at its Renton Mine. The cited rule says a trailing locomotive or equivalent device "should" be used for such trains. Judge Paul Merlin held that this wording imposed a mandatory requirement, even though…
Secretary of Labor v. Sigler Mining
Default penalty assessed, then vacated
Sigler Mining did not file an answer meeting the Commission's procedural requirements after receiving a proposed civil penalty assessment. Judge Joseph B. Kennedy issued a show-cause order, then found the company's response inadequate and declared it in default. He assessed the proposed $1,174…
Consolidation Coal Company v. Secretary of Labor
Consolidation Coal Company (FMSHRC WEVA 80-110-R and WEVA 80-361): Coal dust order upheld, penalty reduced
MSHA issued a withdrawal order after finding coal dust and float coal dust along conveyor belts at Consolidation Coal's Shoemaker Mine. Judge James A. Laurenson found extensive combustible accumulations that could spread a fire or explosion, violating 30 C.F.R. § 75.400. He found that the…
Secretary of Labor v. Island County Highway Department
Island County Highway Department (FMSHRC WEST 79-372-M): County pit subject to Mine Act, most citations upheld
MSHA cited Island County Highway Department for safety conditions at its Camano Island sand and gravel pit. Judge John J. Morris rejected the county's argument that its public ownership and local use of the material placed the pit outside the Mine Act. He upheld eleven citations involving walkways…
Consolidation Coal Company v. Secretary of Labor
Consolidation Coal Company (FMSHRC PENN 80-287-R and PENN 80-288-R): Contests withdrawn after enforcement actions changed
Consolidation Coal contested a citation and an order issued at its Renton Mine. During the hearing, MSHA agreed to change both actions from section 104(d)(1) enforcement measures to section 104(a) citations. The company then asked to withdraw each notice of contest, and Judge Paul Merlin granted…
Matter of Bonnette
Stepchild relationship remanded for identity proof
The Board reviewed a United States citizen's visa petition for a Philippine beneficiary claimed to be her stepson. The Board held that, under the Ninth Circuit's rule in Palmer v. Reddy, a person who became a stepchild before age eighteen qualifies for visa preference without an additional showing…
Matter of Yir-Hsiung Wang
Departure made deportation proceedings final
The Board reviewed a motion to reopen deportation proceedings by a Chinese national who had departed voluntarily after conceding deportability. He argued that the District Director had improperly denied pre-hearing voluntary departure and an extension that would have allowed visa processing in…
Brown & Root, Power Plant Division
Advisory crane provisions unenforceable
OSHA cited Brown & Root under a construction crane standard incorporating industry provisions that said operators “should” avoid carrying loads over people and “should” provide level footing for outriggers. The Commission held that the incorporated source documents expressly treated “should”…
Secretary of Labor v. United States Steel Corporation
United States Steel Corporation (FMSHRC PITT 78-430-P): Machine repair charge dismissed
MSHA charged United States Steel with leaving power on while a mechanic worked on a continuous mining machine at its Maple Creek No. 2 Mine. The mechanic had reached behind a guard with a wrench while searching for a ruptured hydraulic hose. Judge William Fauver found that the inspector could not…
Secretary of Labor v. Nacco Mining Company
Nacco Mining Company (FMSHRC LAKE 80-290): Dust citation vacated, cable settlement approved
MSHA sought penalties for two alleged violations at Nacco Mining's Powhatan No. 6 Mine. Judge Paul Merlin vacated a dust control plan citation because an earlier decision had held the same plan provision invalid. He approved a $140 settlement for a separate citation involving exposed conductors on…
McCoy Elkhorn Coal Corporation v. Secretary of Labor
McCoy Elkhorn Coal Corporation (FMSHRC KENT 80-243-R and KENT 80-244-R): Dust citation and withdrawal order upheld
MSHA cited McCoy Elkhorn Coal for combustible oil, grease, and coal dust on a cutting machine at its No. 4 Mine, then issued a withdrawal order when some material remained after the abatement deadline. Judge Richard C. Steffey found that the cited condition had not been fully cleaned and that the…
Raybestos Friction Materials Company
Settlement rejected for notice and completeness defects
OSHA cited Raybestos Friction Materials Company over employee medical information, access to asbestos-related medical records, and injury and illness recordkeeping. The Secretary and Raybestos submitted a settlement, which the judge approved. The Commission found that the proposal lacked proof of…
Forte Brothers, Inc.
Sua sponte discovery order vacated
The judge ordered the Secretary to produce documents claimed to be protected by the informer's privilege and work-product doctrine, even though the employer had not filed a motion to compel. The Commission held that a Rule 34 request and objection remain outside judicial involvement unless the…
Stripe-A-Zone
New citations allowed after dismissal without prejudice
OSHA first cited Stripe-A-Zone after inspecting a freeway worksite where a fatality had occurred, then withdrew that citation without prejudice. After the withdrawal order became final, OSHA issued new citations based on the same inspection and facts but with different legal allegations and…
C. R. Burnett and Sons, Inc. and Harllee Farms
Farm labor camps covered by OSHA standards
C. R. Burnett and Sons and Harllee Farms operated rent-free temporary camps for migrant farm workers. The judge vacated citations for shelter, heating, sanitation, lighting, and OSHA-notice violations because the workers were not required to live in the camps. The Commission held that camp…
Boam Company
Identification rule applies to job-made chain slings
Boam Company used a job-made steel chain sling to lift pipe onto a truck. The sling broke, and the falling pipe fatally injured an employee. The judge vacated a citation alleging that the sling lacked identification for its size, grade, rated capacity, and manufacturer because he read the rule as…
Erskine-Fraser Co.
Unguarded girder citation affirmed
Steel-erection employees used an unguarded concrete girder 28 to 30 feet above the ground as a walkway between piers. Although the general contractor was responsible for guardrails, the Commission held that each employer remained responsible for protecting its own employees and that Erskine-Fraser…
Marion Power Shovel Company, Inc.
Welder fall-protection citation affirmed
An employee operated a chipping hammer while standing unprotected on a small area of a large metal dipper back 8½ feet above the floor. The Commission held that the specific welding fall-protection standard did not require the Secretary to prove feasibility as part of the prima facie case…
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.