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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Morrison-Knudsen & Associates
Exposed tunnel power cable violation found willful
Morrison-Knudsen was the prime contractor on a subway tunnel project where energized 480-volt and 7,200-volt cables lay on tunnel floors exposed to water, mud, debris, concrete, and moving equipment. The judge affirmed a single serious violation but refused to let the Secretary amend the case to…
Kentucky National Guard (Respondent) and National Association of Government Employees, Local R5-100 (Charging Party)
Kentucky Guard civilian attire bargaining order modified (FLRA 4-CA-85)
The Kentucky National Guard and a union disputed bargaining over whether civilian technicians could wear civilian attire while performing day-to-day duties. The administrative law judge found coercive statements and refusals to bargain on parts of the dispute, while rejecting another allegation…
Dic-Underhill, a Joint Venture
A settled citation does count as a prior violation, but the final order landed the same day the inspection began
Decided by the Commission, Chairman Cleary with Commissioners Barnako and Cottine. Commissioner Cottine concurred in part and dissented in part. Both parties petitioned for review of Judge Robert P. Weil's decision, and the case came up under section 12(j). The release opens with a batch header…
Department of Defense, Office of Dependents Schools (Activity) and Overseas Education Association (Union)
Overseas education arbitration exceptions initially dismissed (FLRA 0-AR-153)
The Overseas Education Association filed exceptions to an arbitration award in an Office of Dependents Schools dispute. The Authority treated the exceptions as late and dismissed them without examining the award's merits. It explained that it could not extend or waive the filing deadline.
The Georgia Air National Guard, Dobbins Air Force Base, Marietta, Georgia (Activity) and The Georgia Association of Civilian Technicians, ACT, Inc. (Union)
Georgia Guard arbitration exceptions dismissed as late (FLRA 0-AR-152)
The Georgia Association of Civilian Technicians filed exceptions to an arbitration award dated September 7, 1980. The Authority’s 30-day rule set October 6 as the filing deadline, but the union filed on October 7. The Authority stated that it could not extend or waive that deadline. It dismissed…
Bureau of Alcohol, Tobacco and Firearms, U.S. Treasury Department (Activity) and National Treasury Employees Union, Irwin Solomon, Grievant (Union)
ATF arbitration exceptions dismissed as late (FLRA 0-AR-148)
The Bureau of Alcohol, Tobacco and Firearms challenged an arbitration award dated August 27, 1980. The Authority’s rules required filing exceptions by September 25, but the agency filed on October 1. The Authority explained that it could not extend or waive the deadline. It dismissed the agency’s…
Local Union 6025, UMWA v. Consolidation Coal Company
Local Union 6025 v. Consolidation Coal (FMSHRC WEVA 80-648-D and WEVA 80-649-D): Walkaround pay complaints dismissed
Local Union 6025 filed two discrimination complaints alleging that Consolidation Coal refused to pay walkaround representatives for taking part in spot or irregular mine inspections. Chief Judge James A. Broderick found that an earlier Commission ruling had already established that such…
Secretary of Labor v. Consolidation Coal Company
Consolidation Coal Company (FMSHRC WEVA 80-352): $1,300 haulage settlement approved
MSHA cited Consolidation Coal after a locomotive and loaded cars drifted onto a main haulageway at the Osage No. 3 Mine and collided with a personnel carrier, injuring four miners. The proposed settlement kept the $500 assessment for a defective stop block and reduced the penalty for inadequate…
Secretary of Labor v. Southwestern Illinois Coal Corporation
Southwestern Illinois Coal Corporation (FMSHRC LAKE 80-341): Penalty case dismissed for contractor review
MSHA cited Southwestern Illinois Coal after an act by a subcontractor at its Captain Strip Mine and proposed a $1,050 penalty based partly on the subcontractor's negligence. A later regulation set guidelines for citing independent contractors. The Secretary asked to dismiss this case so MSHA could…
Secretary of Labor v. Kerr-McGee Corporation
Kerr-McGee Corporation (FMSHRC CENT 79-156-M): Safety line violation upheld
A miner at Kerr-McGee's uranium mine died after falling into a borehole while using a long cable as a safety line. Judge Jon D. Boltz found that the miner had worn a safety belt and line but had left enough slack for a fall of about 9.5 feet into the opening. The judge held that the cited rule…
The Anaconda Company, Wire & Cable Div.
Settlement approval set aside for revision and service proof
The Secretary and Anaconda jointly told the Commission that their submitted settlement did not accurately reflect their agreement and asked to replace it. The Commission set aside the judge's approval and remanded the case. It also found the settlement's employee-service certification inadequate…
The Anaconda Company, Wire & Cable Division
Settlement approval set aside for revision and service proof
The Secretary and Anaconda jointly told the Commission that their submitted settlement did not accurately reflect their agreement and asked to replace it. The Commission set aside the judge's approval and remanded the case. It also found the settlement's employee-service certification inadequate…
Texland Drilling Corporation
Safety-belt citation vacated for unpreventable misconduct
A Texland Drilling derrick worker removed his safety belt, moved from a platform onto a beam about 50 feet above the derrick floor, fell, and was killed. OSHA alleged that the company failed to require appropriate personal protective equipment. The Commission found that Texland had a written and…
Secretary of Labor v. Atlantic Cement Company, Inc.
Atlantic Cement Company (FMSHRC YORK 80-34-M): Noise settlement approved, silica citation upheld
MSHA charged Atlantic Cement with excessive noise in a scraper cab and excess exposure to airborne silica-bearing dust for a crane operator at its Ravena Quarry and Plant. Judge Gary Melick approved a $50 settlement of the noise citation after Atlantic spent $5,000 on noise controls. He upheld the…
Secretary of Labor v. Old Ben Coal Company
Old Ben Coal Company (FMSHRC LAKE 80-358): Penalty petition withdrawn without prejudice
The Secretary asked to withdraw a civil penalty petition against Old Ben Coal without prejudice. The motion said an independent contractor controlled the cited worksite, no Old Ben employees were shown to have been exposed, and the contractor could be served. Judge Edwin S. Bernstein granted the…
Secretary of Labor v. Continental Oil Company
Continental Oil Company (FMSHRC DENV 79-554-PM): Mine owner liable for contractor's roof support violation
A worker under Coast Mining's supervision died in a roof fall at Continental Oil's Dixon Underground Mine while Coast was excavating a drift. The parties stipulated that the lack of ground support violated 30 C.F.R. § 57.3-20, but Continental disputed its liability for the independent contractor's…
Secretary of Labor v. Climax Molybdenum Company
Climax Molybdenum Company (FMSHRC DENV 79-393-PM): Loose ground citation vacated
MSHA cited Climax Molybdenum for loose ground along an underground travelway at its Climax Mine. Judge Michael A. Lasher, Jr. found that the loose rock presented a hazard, but he credited evidence that the company examined and scaled the travelway daily. He held that this practice met the cited…
Secretary of Labor v. Heldenfels Brothers, Inc.
Heldenfels Brothers (FMSHRC CENT 79-280-M and CENT 80-235-M): Five mine safety citations upheld
MSHA cited Heldenfels Brothers for five conditions at its Felder uranium operation. The citations involved a person riding outside a scraper cab, inadequate berms on elevated haulage roads, an unposted safety fuse burn rate, and vegetation near explosive storage. Judge Forrest E. Stewart upheld all…
Sam Hall & Sons, Inc.
Equipment lessor responsible for employees in unsafe trench
Sam Hall & Sons supplied boring equipment and two operators for a city pipeline project. The operators worked in a deep, nearly vertical trench with wet soil and spoil piled at its edge. The judge vacated the citations because the city created and supervised the trench. The Commission held that Sam…
Secretary of Labor on behalf of Lester N. Simmons v. St. Joe Zinc Company
St. Joe Zinc Company (FMSHRC YORK 80-86-DM): Miner representative entitled to customary pay during inspection
Lester N. Simmons represented miners during an MSHA inspection at St. Joe Zinc Company's Balmat No. 4 Mine. The company paid him for his inspection time but withheld the usual pay tied to sanitation duties he could not perform that week. Judge Joseph B. Kennedy held that a miner representative must…
Secretary of Labor v. Texas Architectural Aggregates, Inc.
Texas Architectural Aggregates (FMSHRC CENT 79-16-M and related dockets): Mine safety citations resolved across five cases
MSHA sought penalties against Texas Architectural Aggregates for conditions at its Van Horn White Marble Mine and a related railroad loading facility. Judge Forrest E. Stewart found violations involving haul trucks, a walkway without handrails, underground check-in records, equipment brakes, loose…
Mathies Coal Company v. Secretary of Labor
Mathies Coal Company (FMSHRC PENN 80-319-R): Contest of closure order dismissed with prejudice
Mathies Coal asked to withdraw its contest of a mine closure order alleging a serious roof control violation and an unwarrantable failure. The company said that after reviewing the merits, it believed the order could not be challenged. Judge Joseph B. Kennedy granted the request and dismissed the…
Jack W. Parks v. L & M Coal Corporation
Parks v. L & M Coal (FMSHRC NORT 75-377): Discharge for mine safety activity upheld as unlawful
Jack W. Parks, a mine safety committeeman, objected when L & M Coal's owner said the company would not follow its approved roof control plan. Parks told management he would contact mine safety inspectors and refused to return to work until the plan was followed. The company suspended him and then…
Local Union 1110, United Mine Workers of America, et al. v. Consolidation Coal Company
Local Union 1110 v. Consolidation Coal (FMSHRC MORG 76X138): Retaliation finding upheld
A group of miners raised safety concerns about a mine elevator, and a union safety committee declared an imminent danger. An administrative law judge found that Consolidation Coal withheld benefits normally given to miners because they engaged in protected safety activity. On appeal, the company…
Secretary of Labor v. Phillips Uranium Corporation
Phillips Uranium (FMSHRC CENT 80-208-M): Owner held liable for contractor's safety violations
An independent contractor building shafts at Phillips Uranium's Nose Rock No. 1 mine left a worker's safety line unsecured and a raised walkway without a handrail. MSHA cited Phillips, the mine owner, rather than the contractor. Judge Jon D. Boltz held that the owner could be liable for the…
Secretary of Labor v. Old Ben Coal Company
Old Ben Coal (FMSHRC VINC 75-180-P and related dockets): Dust notices reinstated for further proceedings
Mine inspectors issued Old Ben Coal two notices for coal dust accumulations and four for insufficient rock dust. An administrative law judge vacated the accumulation notices because inspectors had not measured the dust's depth and extent, and the rock dust notices because inspectors used a sampling…
United States Air Force, Air Force Logistics Command, Aerospace Guidance and Metrology Center, Newark, Ohio (Respondent) and American Federation of Government Employees, Local 2221, AFL-CIO (Charging Party)
Air Force reorganization notice violation found (FLRA 5-CA-157)
An Air Force center in Newark reorganized a directorate after announcing the change at an employee meeting attended by a union steward. The administrative law judge recommended dismissal, reasoning that the steward’s presence gave the union adequate notice. The Authority disagreed: notice given to…
Clinchfield Coal Company v. Secretary of Labor
Clinchfield Coal (FMSHRC VA 79-98-R): Withdrawal order for unpaid spot inspection time vacated
MSHA cited Clinchfield Coal for not paying a miner who accompanied an inspector during a spot inspection. When the company did not abate the citation, MSHA issued a withdrawal order. Judge James A. Laurenson applied then-current Commission decisions holding that the Mine Act's walkaround pay…
Taylor Adkins and Fred Hunt v. Deskins Branch Coal Company
Adkins and Hunt v. Deskins Branch Coal (FMSHRC PIKE 76-66): Dismissal of discharge complaint affirmed
Taylor Adkins and Fred Hunt claimed that Deskins Branch Coal fired them after they raised concerns about roof conditions and two pinning machines working in the same heading. An administrative law judge found that they had not made a safety complaint to their foreman and that their refusal to work…
Matter of Squires
Canadian false pretence conviction was moral turpitude
The Board reviewed a Canadian citizen's appeal from a deportability finding based on a Canadian false pretence conviction. It held that obtaining 450 Canadian dollars by false pretence was a crime involving moral turpitude and was not a petty offense because the possible punishment exceeded one…
General Services Administration, National Capital Region (Respondent) and National Federation of Federal Employees (Charging Party)
GSA monitoring threat order upheld (FLRA 3-CA-229)
A GSA National Capital Region employee filed an unfair labor practice charge. Management statements conveyed that employee conduct would be watched more closely because of the charge. The administrative law judge found unlawful interference with protected rights and recommended a cease-and-desist…
Secretary of Labor v. Concrete Materials, Inc.
Concrete Materials (FMSHRC YORK 80-36-M): One truck brake citation upheld, one vacated
MSHA cited Concrete Materials for inadequate brakes on two haul trucks at its Morrisonville Plant. The company argued that the brake standard was too vague to give fair notice of what it required. Judge Gary Melick applied the standard to the specific tests: one truck rolled 60 to 70 feet and…
ASARCO, Inc.
Union participation required before settlement approval
ASARCO and the Secretary submitted a settlement after the United Steelworkers local representing affected employees had elected party status. The agreement stated only that it had been posted and did not show that the union received it, agreed to it, or participated in negotiations. The Commission…
Leone Industries, Inc.
Repeated classification requires a decision
OSHA cited Leone Industries for repeated machine-guarding violations and proposed penalties totaling $4,200. The judge found two serious violations and assessed $1,000 for each, but did not decide whether they were repeated because the penalties fit within the serious-violation limit. The…
Vampco Metal Products, Inc.
Press-brake guarding dispute remanded under employer defense burdens
Vampco manufactured custom metal products with press brakes whose operators held material near the point of operation. After Vampco did not abate an uncontested machine-guarding citation, the judge vacated failure-to-correct items for two presses because he found that feasible guarding had not been…
Secretary of Labor v. Kessler Coals, Inc.
Kessler Coals (FMSHRC WEVA 80-499): Rail track citation settled for $56
MSHA cited Kessler Coals for unsafe rails and joints on a loadout track at its preparation plant. The parties proposed reducing the penalty from $78 to $56 because the railroad owned and maintained the track, and a union agreement kept mine workers from repairing it. The operator remained…
Secretary of Labor v. Davis Coal Company
Davis Coal (FMSHRC WEVA 80-309 and related dockets): Mine safety penalties total $9,030
MSHA sought penalties against Davis Coal in five cases involving conditions at its Marie No. 1 Mine and preparation plant. Judge Gary Melick found violations involving clogged miner sprays, electrical inspections, roof support, equipment condition, and other hazards, and accepted stipulated facts…
Secretary of Labor v. The Pittsburg and Midway Coal Mining Company
Pittsburg and Midway Coal (FMSHRC WEST 79-127 and WEST 79-211): Four truck fire hazard citations vacated
MSHA cited Pittsburg and Midway Coal for accumulations of oil, grease, diesel fuel, dirt, and water on four haul truck engines at the Edna Strip Mine. Judge John J. Morris found that the combustible substances were mixed with dirt, but the evidence did not establish the mixture's composition or…
Penn Allegh Coal Company, Inc. v. Secretary of Labor
Penn Allegh Coal (FMSHRC PENN 81-6-R): Dust plan citation and withdrawal order upheld
MSHA cited Penn Allegh Coal after an inspector measured water pressure on a continuous mining machine below the 150 psi level required by its dust control plan. The company argued that a revised plan allowed 70 psi under flow conditions. Judge Forrest E. Stewart found that MSHA had approved that…
Secretary of Labor v. N. L. Industries, Inc.
N. L. Industries (FMSHRC YORK 79-9-M and YORK 79-16-M): Twelve citations upheld and one vacated
MSHA cited N. L. Industries for conditions at its MacIntyre Development Mine and Mill, including dust exposure, icy and slippery walkways, unguarded conveyor parts, poor lighting, and equipment defects. Judge James A. Laurenson upheld two dust citations because feasible controls had not been used…
Local Union 6025, United Mine Workers of America v. Consolidation Coal Company
Local Union 6025 v. Consolidation Coal (FMSHRC WEVA 80-457-D): Spot inspection pay complaint dismissed
Local Union 6025 alleged that Consolidation Coal discriminated against a miner representative by declining to pay for time spent accompanying an inspector during a spot inspection. The company moved to dismiss the complaint. Chief Judge James A. Broderick applied a Commission decision holding that…
Secretary of Labor v. Eldean Gravel Company
Eldean Gravel (FMSHRC LAKE 80-279-M): Fatal incident citation settled for $300
A front-end loader operator died during work at Eldean Gravel's pit and mill, and MSHA sought a civil penalty. The parties proposed settling for $300, which was 60 percent of the initial assessment. Judge Joseph B. Kennedy found it uncertain whether the cited standard applied to the practice…
Plum Creek Lumber Company
Accurate hearing transcript remains in the public record
The Secretary asked the Commission to remove about eight pages from a hearing transcript, primarily remarks by the judge about an alleged ex parte communication. The Commission held that the Act and its rules require public records and verbatim hearing transcripts, and the disputed material was not…
Durant Elevator, A Division of Scoular-Bishop Grain Co.
Ammonia nurse tanks qualify as farm vehicles
Durant sold anhydrous ammonia to local farmers and transported it in 1,000-gallon nurse tanks mounted on four-wheel trailers. OSHA cited Durant because the trailers lacked the self-energizing brakes required for full trailers transporting ammonia. The Commission found that the nurse tank trailers…
Secretary of Labor v. Fire Creek Coal Company of Tennessee
Fire Creek Coal (FMSHRC SE 79-24 and related dockets): Eleven citations settled for $452
MSHA sought penalties for eleven citations against Fire Creek Coal's No. 1 Mine across three dockets. The parties proposed reduced amounts totaling $452. Judge George A. Koutras considered the company's small size, good-faith abatement, and financial condition, including that the mine had been…
Secretary of Labor v. Pennsylvania Glass Sand Corp.
Pennsylvania Glass Sand (FMSHRC WEVA 80-61-M): Citations resolved across five dockets
MSHA brought five penalty cases against Pennsylvania Glass Sand over conditions at its Berkeley Works quarry and mill. Judge Forrest E. Stewart upheld citations involving a missing handrail, exposed electrical connections, an unguarded platform opening, a missing pulley guard, and a worker cleaning…
Secretary of Labor v. N. A. Dagerstrom, Inc.
N. A. Dagerstrom (FMSHRC WEST 80-363-M): Citation vacated after investigation
MSHA sought a penalty against N. A. Dagerstrom concerning its QS-C-109 Mine. After a pretrial investigation, the Secretary moved to vacate the underlying citation because no violation had occurred. Judge Joseph B. Kennedy independently reviewed the circumstances and found the evidence insufficient…
United States Steel Corporation, Geneva Mine v. Secretary of Labor
United States Steel, Geneva Mine (FMSHRC WEST 80-312-R): Roof bolting citation upheld
MSHA cited United States Steel after sloughing at its Geneva Mine left more than five feet between roof bolts and the ribs in several areas. The company contested the citation under its approved roof control plan. Judge Jon D. Boltz found the plan's rule for adding timber where a roadway exceeded…
Secretary of Labor v. Clinchfield Coal Company
Clinchfield Coal (FMSHRC VA 79-66): Roof-control allegation dismissed, guarding citation upheld
MSHA sought penalties against Clinchfield Coal for roof control, equipment guarding, and fire protection conditions at its Moss No. 2 Mine. Judge Richard C. Steffey dismissed the roof-control allegation because the miners who built a stopping testified that they stayed under supported roof, and…
Secretary of Labor v. Billy Moon Trucking Company, Inc.
Billy Moon Trucking (FMSHRC SE 79-86): Four equipment safety citations upheld
MSHA cited Billy Moon Trucking for an inoperative backup alarm on a loader and missing guards on sprockets, a tail pulley, and a belt at its coal tipple. The company acknowledged the conditions and explained that two guards had not been replaced after cleaning. Judge George A. Koutras upheld all…
Secretary of Labor v. Ohio Amco, Inc.
Ohio Amco (FMSHRC LAKE 80-3): Highwall citation upheld with reduced penalty
MSHA cited Ohio Amco after an inspector found a large overhanging highwall near an auger crew at its Broken Aro No. 1 Strip Mine. The crew was not working beneath the overhang when the citation was issued, but its foreman said it planned to continue mining toward that area. Judge George A. Koutras…
Secretary of Labor v. Pyro Mining Company
Pyro Mining (FMSHRC KENT 80-39 and related dockets): Roof support order upheld and other penalties settled
MSHA sought penalties in ten dockets involving Pyro Mining's Wheatcroft and Pride mines. One contested order concerned 17 roof support posts knocked down along a supply road at the Pride Mine. Judge Richard C. Steffey upheld that order because the posts had not been replaced promptly and assessed…
Secretary of Labor v. Peabody Coal Company
Peabody Coal (FMSHRC KENT 80-187): Damaged high-voltage cable citation upheld
MSHA cited Peabody Coal after an inspector found damage to the outer jacket of a high-voltage cable at its Sinclair Strip Mine. The cable ran beneath dirt ramps used where mobile equipment crossed it. Judge George A. Koutras upheld the citation because the observed damage showed that the cable had…
Climax Molybdenum Company, a division of Amax, Inc. v. Secretary of Labor
Climax Molybdenum (FMSHRC DENV 79-196-M and WEST 79-27-M): Imminent-danger order vacated, five citations upheld
MSHA issued an imminent-danger withdrawal order and related electrical citations at Climax Molybdenum's mine after inspecting a core drill and power cables. Judge George A. Koutras vacated the withdrawal order because the drill was shut down for maintenance and the evidence did not establish an…
Secretary of Labor v. Phelps Dodge Corporation
Phelps Dodge (FMSHRC CENT 79-188-M): Vehicle and workplace citations partly upheld
MSHA cited Phelps Dodge after inspections of its Tyrone Mine and Mill in New Mexico. Judge John A. Carlson upheld citations for faulty brakes, exposed electrical leads, an unattended truck on a grade, work without a safety line, and vehicle defects affecting safety. He vacated an…
Ferro Corporation (Electro Division)
Interlocutory appeal accepted
Ferro Corporation asked the Commission to accept an interlocutory appeal while the underlying case was still pending. The Commission granted the petition. The official order does not identify the issue presented, the cited standards, or the next procedural step.
Stearns-Roger, Inc.
Serious fall-protection violation affirmed after delayed citation
Stearns-Roger had 10 to 25 ironworkers performing bolting work on narrow steel beams 94 to 120 feet above the ground. Employees tied off while stationary but often walked between connection points without fall protection. The judge vacated the citation because OSHA issued it 139 days after the…
American Package Company, Inc.
Wrapper citation affirmed and paper-cutter citation vacated
American Package manufactured paper boxes with wrapping machines and guillotine paper cutters. The Commission found that wrapper operators could activate a cycle and then reach into the crushing point of operation. It rejected the company's impossibility defense because the company had not tried…
Internal Revenue Service, Washington, DC (Respondent) and National Treasury Employees Union (Complainant)
IRS direct dealing and review changes order upheld (FLRA 5-CA-150)
An IRS office in Indiana dealt directly with employees over working conditions and changed review practices without bargaining with the union. The administrative law judge found unfair labor practices and recommended remedies. The Authority adopted those findings despite agency exceptions. It…
Philadelphia Naval Shipyard (Activity) and International Association of Fire Fighters, Local F-61, AFL-CIO (Labor Organization/Petitioner)
Philadelphia fire captains included in bargaining unit (FLRA 23-CU-23)
A firefighters union sought to add six Philadelphia Naval Shipyard fire captains to its bargaining unit. The shipyard argued that the captains were statutory supervisors. The Authority directly decided the unit clarification petition, without reviewing a Regional Director decision. It found that…
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.