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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The New River Company
Ground fault protection settlement approved
The New River Company and the Secretary sought approval of a settlement over a willful bypass of ground fault protection on a high voltage circuit at the Siltix Mine. Neither side had identified the person responsible, and Judge Joseph B. Kennedy found that an investigation at this late stage would…
United States Steel Corporation
Lone worker citation affirmed, two others vacated
An employee worked alone in a taconite plant gallery where missing floor bars left an opening and a paging system did not work. Judge Jon D. Boltz affirmed the citation for assigning an employee to work alone in a hazardous area without a way to communicate and assessed $72. He vacated a…
Cowin and Company, Inc.
Contractor liability and $74,000 penalty on remand
Cowin and Company was an independent contractor working at the Beckley No. 1 Mine. A federal appeals court returned its penalty cases to the judge after holding that the company should be considered for liability as an operator under the 1969 Coal Act rather than as an operator's agent. Chief Judge…
Burgess Mining and Construction Corporation
Bridge guard citation vacated
MSHA cited Burgess Mining and Construction Corporation for lacking guardrails or berms on a bridge used by coal trucks crossing the Cahaba River. Judge William Fauver held that 30 C.F.R. § 77.1605(k) covered the outer bank of an elevated roadway, not a bridge over a river. He relied on the…
Burgess Mining and Construction Corporation
Explosives storage penalty petition dismissed
MSHA sought a penalty after an inspector found detonators, primers, and blasting materials on a flatbed truck near active drilling at Burgess Mining's strip operation. The citation alleged that Burgess failed to store the materials in a magazine under 30 C.F.R. § 77.1301(a). Judge Paul Merlin found…
The Pittsburg & Midway Coal Mining Company
Contractor penalty cases dismissed without prejudice
Nine civil penalty dockets involving Pittsburg & Midway Coal Mining Company returned to Judge George A. Koutras after a Commission remand. The judge read the remand as giving the Secretary a chance to decide whom to charge in cases involving independent contractors. He found that the Secretary's…
American Federation of Government Employees, Local 225 (Union) and Army Armament Research and Development Command, Dover, New Jersey (Agency)
Army proposal-preparation official time found negotiable (FLRA O-NG-88)
A union at an Army research command proposed that preparation of bargaining proposals and impasse work occur on duty time. The Army argued that the proposal conflicted with the statute’s official-time provisions. The Authority found no conflict and set aside the nonnegotiability allegation, leaving…
American Federation of Government Employees, Local 2442, AFL-CIO (Union) and Veterans Administration, Regional Office, Newark, New Jersey (Agency)
Newark VA probationer grievance proposal found negotiable (FLRA O-NG-65)
A union proposed a grievance procedure at the Newark VA regional office. The VA claimed it was nonnegotiable because the text did not expressly exclude separation grievances from probationary employees. The Authority held that the statute did not require that exclusion and set aside the agency’s…
National Federation of Federal Employees, Local 1363 (Union) and Headquarters, U.S. Army Garrison, Yongsan, Korea (Agency)
Army Korea ration-control proposal found negotiable (FLRA O-NG-226)
A union representing Army garrison employees in Korea proposed changes to ration-control limits on purchases at commissary and exchange facilities. The Army claimed the proposal was outside the duty to bargain or conflicted with management rights. The Authority found it within the duty to bargain…
American Federation of Government Employees, Local 1917, AFL-CIO (Union) and U.S. Department of Justice, Immigration and Naturalization Service, New York City District Office (Activity)
INS gun-storage proposal held outside duty to bargain (FLRA O-NG-215)
Two consolidated appeals concerned local proposals at an Immigration and Naturalization Service district office. The Authority deferred most proposals because the parties first had to resolve whether their master agreement allowed local bargaining. It then considered a proposal for a secure gun box…
American Federation of Government Employees, Local 987, AFL-CIO (Respondent) and John C. Leggette (Complainant)
Union grievance-representation complaint dismissed (FLRA 40-9026(CO))
An employee alleged that AFGE Local 987 refused to advance his grievance because he had left the union and criticized its president. The administrative law judge found insufficient proof of discriminatory representation and recommended dismissing the complaint. With no exceptions filed, the…
Department of the Air Force, Headquarters 438th Air Base Group (MAC), McGuire Air Force Base, New Jersey (Respondent) and American Federation of Government Employees, Local 1778, AFL-CIO (Complainant)
McGuire Air Force Base probationer complaint dismissed (FLRA 32-05465(CA))
A union alleged that McGuire Air Force Base denied a probationary employee access to the negotiated grievance process after his removal. The administrative law judge found that the employee did not personally try to file a grievance with the base and that the union had grieved only a leave usage…
C.C.C.-Pompey Coal Company, Inc.
$400 penalty assessed on remand for combustible accumulations
MSHA sought a civil penalty against C.C.C.-Pompey Coal Company after an inspector found oil and float coal dust accumulated around electrical parts of a scoop at its No. 3 Mine. On remand from the Commission, Judge Richard C. Steffey applied the Commission's interpretation of 30 C.F.R. § 75.400 and…
Mulzer Crushed Stone Company
Misfire and mine-opening citations upheld
Mulzer Crushed Stone contested two citations at its Derby underground limestone operation. Judge George A. Koutras found that two misfired blasting holes were visible after the face was cleaned, but had not been detected or disposed of as required by 30 C.F.R. § 57.6-177. He also found that a pipe…
United Nuclear-Homestake Partners
Three shaft safety citations upheld with $340 total penalty
MSHA cited United Nuclear-Homestake Partners for three conditions at its Section 25 mine shaft. Judge Virgil E. Vail found that a miner using a shaft conveyance faced a fall hazard while his safety belt was not attached to a line. He also found that a hole in a shaft landing gate could let material…
Northwest Airlines, Inc.
An FAA-approved maintenance manual has the force and effect of law, so section 4(b)(1) strips the Act from the working condition it covers
The hazard. Northwest employed ground mechanics at John F. Kennedy International Airport in Queens, New York, to service and maintain its Boeing 747 aircraft. To reach the landing lights inside the wing, the leading edge or "Krueger" flaps are extended and the mechanic works through the flap…
Matter of Espinoza
Bolivian law supported child status
The Board reviewed a visa petition for a Bolivian citizen's son, who was born out of wedlock. The District Director denied the petition because the beneficiary had not been shown to be legitimated. The Board found that Bolivia's Constitution and Family Code appeared to give children born out of…
Eastern Associated Coal Company
Judge's decision vacated and remanded
The Commission vacated an administrative law judge's decision in Eastern Associated Coal Company's HOPE 76-289 case. It sent the case back for reconsideration in light of its same-day decision in the company's HOPE 75-699 case. The judge was directed to enter a new decision consistent with that…
Eastern Associated Coal Company
Accident withdrawal order upheld
After a shuttle car pinned a miner against a rib at Eastern Associated Coal's Keystone No. 1 Mine, an inspector ordered miners withdrawn from the affected section. The inspector wanted to preserve evidence while the cause of the accident was investigated, then allowed work to resume under…
Matter of Ng
Identity misrepresentation required materiality review
The Board reviewed an exclusion order against a Chinese national who fled to Macao and later entered Hong Kong using his brother's identity before applying for refugee admission to the United States. The Board held that using a false identity is not automatically a material misrepresentation under…
Veterans Administration Hospital, Tucson, Arizona (Activity) and Nurses' Commission on Collective Bargaining, Arizona Nurses Association (Labor Organization/Petitioner)
Tucson VA nurses bargaining unit clarified (FLRA 8-CU-14)
A nurses association sought to add several Tucson VA nurse positions to its bargaining unit, while the hospital argued they were supervisors. The Authority directly decided the clarification petition and found ward head nurses eligible while finding several other nurse titles supervisory. The…
Independence Foundry & Manufacturing Co. Inc.
Noise and silica abatement extension approved in full
Independence Foundry sought another extension of final abatement dates for excessive noise and airborne silica dust. The parties agreed to September 1, 1980 and detailed interim measures, including respirator and hearing-protection programs, employee training, medical and audiometric review…
National Steel and Shipbuilding Company
Settlement remanded for proof of employee service
The parties agreed to affirm one shipyard citation item with no penalty, withdraw four items, and test a flanged-hood engineering control for lead and zinc chloride. Their agreement also stated that the affirmed violation could not support a future repeat citation. Applying Farmers Export, the…
Snider Industries Inc.
Oral settlement remanded for a written agreement and employee service
Snider and the Secretary placed an oral settlement on the hearing record under which Snider withdrew its contest but did not admit violating the Act. The judge approved $3,600 in penalties and stated that the Act and cited standards had been violated. The Commission held that the judge could not…
S & S Diving Company
Divers and tenders were employees under the Act
S & S harvested geoducks and other products from Puget Sound using divers and tenders whom it characterized as independent contractors. The Commission evaluated the economic realities of the relationship rather than relying only on common-law labels. S & S paid the workers, controlled the vessel…
Weldship Corporation
Settlement remanded for abatement and employee-notice defects
Weldship and the Secretary agreed to withdraw one citation item, reduce total penalties from $2,160 to $1,730, and have Weldship withdraw its contest. The agreement stated that Weldship did not admit liability but did not say whether or when the cited conditions had been abated. It also lacked…
General Motors Corp. (Inland Div.)
TDI-related respiratory illnesses had to be recorded
Three General Motors employees developed respiratory problems after beginning work in areas that used toluene diisocyanate, or TDI. Each employee was hospitalized for about a week, and personal physicians linked the illnesses or their aggravation to fumes or TDI exposure. General Motors transferred…
Department of the Army, U.S. Army Armor Center, Fort Knox, Kentucky (Activity) and American Federation of Government Employees, Local 2302 (Labor Organization/Petitioner)
Fort Knox electricians and fire crew chiefs added to unit (FLRA 4-CU-5, 4-CU-7)
A Fort Knox union sought to add electricians and fire crew chiefs to its bargaining unit. The Army asserted that both groups were supervisors. The Authority directly decided the consolidated clarification petitions and found that the workers’ duties did not meet the statutory supervisor test. It…
Department of the Navy, Navy Regional Data Automation Center, Jacksonville, Florida (Activity/Petitioner) and American Federation of Government Employees, Local 696, AFL-CIO (Labor Organization); Department of the Navy, Regional Accounting and Disbursing Center, Jacksonville, Florida (Activity/Petitioner) and American Federation of Government Employees, Local 696, AFL-CIO (Labor Organization)
Jacksonville Navy centers removed from bargaining unit (FLRA 4-CU-18)
Two newly organized Navy centers in Jacksonville petitioned to leave an existing air station bargaining unit. The Authority directly decided the consolidated clarification petitions. It found the centers had become distinct commands with separate missions and personnel authority, and excluded their…
New York-New Jersey Council, Local 3369, American Federation of Government Employees, AFL-CIO (Respondent) and Social Security Administration, Office of Program Operations, Baltimore, Maryland (Complainant)
Social Security work-stoppage remedy modified (FLRA 30-8907(CO))
About sixty Social Security employees left their work stations to protest office conditions, accompanied by union representatives. The administrative law judge found an unlawful work stoppage under the executive order governing this older case. The Authority adopted that finding but removed a…
Maxwell Wirebound Box Company, Inc.
A contest letter that looked like it asked only for more time still preserved the fight over the noise citation
Maxwell Wirebound Box Co., Inc. manufactures wirebound wooden boxes. After an inspection on November 4, 1975, OSHA cited it for nonserious violations of the occupational noise standard, 29 C.F.R. § 1910.95(b)(1) and (b)(3), which require feasible administrative or engineering controls when sound…
American Federation of Government Employees, Local 1923, AFL-CIO (Union) and Social Security Administration, Headquarters Bureaus and Offices (Activity)
Social Security union steward arbitration award upheld (FLRA 0-AR-42)
A Social Security union steward challenged a five-day suspension imposed after she continued an employee meeting despite a direction to end it. An arbitrator found sufficient cause for discipline. The union filed exceptions, but the Authority found no basis to disturb the arbitrator’s factual and…
Overseas Education Association (Union) and Office of Dependents Schools, Department of Defense (Activity)
Overseas schools union-president award modified (FLRA 0-AR-34)
A schools union president disputed how his official release time and leave without pay were scheduled. An arbitrator ruled for him and ordered remedies. The agency challenged the award. The Authority struck one remedy because it did not draw its essence from the agreement, but sustained the rest of…
Internal Revenue Service, Philadelphia Service Center (Activity) and National Treasury Employees Union, Chapter 71 (Union)
Philadelphia IRS arbitration exceptions and stay dismissed (FLRA 0-AR-134)
A Philadelphia IRS service center filed exceptions to an arbitration award and asked the Authority to stay it. The award was dated July 17, 1980, making August 15 the filing deadline under the Authority’s rule. The agency filed on August 20. The Authority dismissed both requests as late without…
William S. Middleton Memorial Veterans Administration Hospital (Activity) and American Federation of Government Employees, Local 1732, AFL-CIO (Union)
VA hospital arbitration exceptions dismissed as late (FLRA 0-AR-132)
A VA hospital union sought review of an arbitration award dated June 13, 1980. Its exceptions were first sent to the Federal Mediation and Conciliation Service after the July 14 deadline and reached the Authority on August 14. The Authority could not waive the filing limit and dismissed the…
Jack Collins v. Chapperal Coal Company
Discrimination complaint denied
Jack Collins, a repairman at Chapperal Coal Company's No. 2-A Mine, claimed he was fired because he raised electrical safety concerns. Judge Richard C. Steffey found that Collins reported bypassed ground monitoring systems on two consecutive days, but found no evidence of later bypassing. The judge…
Matter of Khalik
Bad-check convictions supported deportability
The Board reviewed a deportability finding against a stateless permanent resident who had two Michigan convictions for issuing checks without sufficient funds. It held that the immigration judge could rely on the guilty-plea records and could not revisit the underlying criminal guilt or innocence…
Matter of Reyes
Acknowledgment without full legal status did not establish legitimation
The Board reconsidered a visa petition for a Dominican child born out of wedlock after a federal court remanded the case. It held that the father's acknowledgment of the child did not establish legitimation because Dominican law required acknowledgment followed by the parents' marriage, and…
Continental Grain Company
Review petition withdrawn by joint motion
All parties jointly asked to withdraw the petition for discretionary review and requested final disposition. The Commission granted the motion. The official order does not identify the underlying citation, standards, or settlement terms.
Secretary of Labor (MSHA) v. Applegate Aggregates
Applegate Aggregates (FMSHRC WEST 79-150): Pulley guard citation upheld and vibrator citation vacated
MSHA charged Applegate Aggregates with two violations of the machine guarding standard at its Oregon operation. Judge John J. Morris upheld the citation concerning an unguarded tail pulley because a worker cleaning spillage came within six inches of it. He assessed $25 after crediting the company…
Secretary of Labor (MSHA) v. B. B. & W. Coal Company
B. B. & W. Coal Company (FMSHRC PIKE 77-89-P): $1,810 in mine safety penalties assessed after default
B. B. & W. Coal Company did not appear at a hearing on alleged safety violations at its No. 1A underground coal mine. Judge William Fauver held the company in default after the Secretary's witnesses verified the violation notices and related records under oath. He found 20 violations, including…
Secretary of Labor (MSHA) v. Consolidation Coal Company
Consolidation Coal Company (FMSHRC PENN 80-149): Roof citation withdrawn and $465 settlement approved
MSHA proposed $645 in penalties for three citations at Consolidation Coal's Renton Mine. The Secretary withdrew a $180 roof support citation after further investigation found that the roof crack arose while the inspector was there. Judge John F. Cook approved a $210 settlement for nonpermissible…
Bethlehem Mines Corporation
Two citations vacated and $375 assessed
Bethlehem Mines Corporation contested four citations at its Millard Quarry and Plant. Judge Forrest E. Stewart approved a settlement that vacated one citation and assessed the proposed $275 penalty for another. He found that lighting at a waste dump was insufficient for safe work under 30 C.F.R. §…
Secretary of Labor (MSHA) on behalf of Arlie Ramey v. Leslie Coal Mining Company
Arlie Ramey v. Leslie Coal Mining Company (FMSHRC KENT 80-3-D): Discharge for refusing unsafe work found unlawful
The Secretary of Labor brought a discrimination complaint for Arlie Ramey, a continuous mining machine operator at Leslie Coal's mine. Ramey refused a foreman's instruction to cut coal beyond a crosscut before roof supports required by the mine's plan had been installed. Judge Richard C. Steffey…
Secretary of Labor (MSHA) v. H & H Coal Company
H & H Coal Company (FMSHRC KENT 80-134): $160 settlement approved for three citations
MSHA sought penalties for three citations at H & H Coal Company's Freedom No. 1 Mine. At the hearing, the parties agreed that the company would pay the full proposed amounts: $34 for a missing warning sign on an explosives truck and $66 and $60 for equipment conditions involving a muffler and a…
Secretary of Labor (MSHA) v. C. J. Rust Construction Company
C. J. Rust Construction Company (FMSHRC KENT 79-302): $72 noise citation settlement approved
MSHA proposed a $72 penalty for a noise citation at C. J. Rust Construction Company's Goldenoak Surface Mine. At the scheduled hearing, the parties asked Judge John F. Cook to approve a settlement for the full proposed amount. Government counsel described a survey reading of 303 for the No. 12…
Secretary of Labor (MSHA) v. Phelps Dodge Corporation and Rex Malone
Phelps Dodge Corporation and Rex Malone (FMSHRC DENV 79-561-PM and DENV 79-562-PM): Unsafe crane violations upheld
A mobile crane at Phelps Dodge's Tyrone Mine and Mill overturned after losing braking power, seriously injuring its operator. Judge Forrest E. Stewart found that the crane had inadequate brakes, could not engage low gear, and had been used before those defects were repaired. He also found that the…
Secretary of Labor (MSHA) v. Texas Utilities Generating Company
Texas Utilities Generating Company (FMSHRC DENV 79-181-P and related dockets): One citation vacated, penalties assessed
Texas Utilities Generating Company contested mine safety citations at its Monticello and Martin Lake strip mines. Judge Forrest E. Stewart vacated a conveyor guard citation because the guard prevented accidental contact with the belt and pulley. He upheld findings that a truck was left unattended…
Secretary of Labor (MSHA) v. Capitol Aggregates, Inc.
Capitol Aggregates, Inc. (FMSHRC DENV 79-163-PM): Mine Act coverage upheld and $215 in penalties ordered
MSHA sought civil penalties against Capitol Aggregates for conditions at its cement quarry and another pit and plant. After a procedural remand, Judge Charles C. Moore, Jr. held that the Mine Act covered the operations even though Capitol said its cement sales were wholly within Texas. He…
Affiliated Aggregates
Mixed citation rulings and $990 assessed
Affiliated Aggregates faced nine citations at its quarry in two consolidated civil penalty cases. Judge Forrest E. Stewart approved a settlement that withdrew two citations and assessed $735 for three others. After a hearing, he vacated a loose-rock citation because the evidence did not establish…
Matter of Rodriguez-Palma
Robbery was a serious nonpolitical crime
The Board reviewed a Cuban applicant's appeal from an exclusion order based on his conviction for robbery and his lack of a valid immigrant visa. It held that robbery is a crime involving moral turpitude and ordinarily qualifies as a serious nonpolitical crime that bars withholding of deportation…
Secretary of Labor (MSHA) v. C and O Materials Corporation
C and O Materials Corporation (FMSHRC CENT 79-398-M): Ten citations upheld and $674 ordered
MSHA sought penalties for 12 citations at C and O Materials Corporation's limestone quarry and mill in Oklahoma. Judge Jon D. Boltz upheld ten citations involving unguarded moving parts, missing eye protection, backup alarms, a defective alarm, and excessive noise exposure. He vacated the…
Federal Law Enforcement Training Center (Activity) and American Federation of Government Employees, Local 2002 (Petitioner)
Law enforcement training-center unit petition dismissed (FLRA 4-RO-29)
A union sought an election among rotating and detailed instructors at a federal law enforcement training center. The center disputed whether either proposed group formed an appropriate bargaining unit. The Authority directly decided the petition and found that the instructors’ temporary assignments…
National Guard Bureau, Massachusetts Air National Guard, Barnes Municipal Airport (Activity/Petitioner) and Association of Civilian Technicians, Chapter 39 (Labor Organization)
Massachusetts Guard technician unit partly clarified (FLRA 1-CU-7)
The Massachusetts Air National Guard and a technicians union filed competing petitions about which shop workers belonged in a unit. The Authority directly decided the consolidated cases. It excluded three named workers it found supervisory, included one egress-systems shop chief whose duties were…
Drug Enforcement Administration, Boston District Office, Department of Justice (Activity) and American Federation of Government Employees, Local 3679 (Petitioner); Drug Enforcement Administration, Northeastern Region, Department of Justice (Activity/Petitioner) and American Federation of Government Employees, AFL-CIO, Local 3679 and Local 3550 (Interveners)
DEA representation cases returned for more evidence (FLRA 1-CU-11)
Two DEA representation petitions raised whether existing units remained appropriate after a reorganization. An executive order issued after the hearing excluded parts of DEA from the federal labor statute. The Authority found the record inadequate to determine how that exclusion affected the units…
Matter of Ramirez-Sanchez
Certified Service records established alienage
The Board reviewed a Mexican respondent's appeal from an order finding him deportable for entering the United States without inspection. It held that the decision to begin deportation proceedings is a matter of prosecutorial discretion that the immigration judge and Board do not review. The Board…
Department of Defense, National Guard Bureau, Texas Adjutant General's Department, Austin, Texas and American Federation of Government Employees, Texas Air National Guard Council of Locals, Grand Prairie, Texas
Texas Guard technician positions excluded from unit (FLRA 6-CU-10)
A union asked whether several Texas Air National Guard technician positions should remain in its bargaining unit. The Authority directly decided the clarification petition. It found the listed positions supervisory under the statutory test and excluded them from the unit. The outcome is other…
Association of Civilian Technicians, Inc., Pennsylvania State Council (Union) and Adjutant General, Department of Military Affairs, Pennsylvania (Agency)
Pennsylvania Guard promotion proposal found negotiable (FLRA 0-NG-10)
A technicians union proposed vacancy notices and an order for considering qualified promotion applicants in the Pennsylvania National Guard. The agency asserted that the proposal violated federal selection rules. The Authority found the proposal did not require selection of any particular applicant…
Marine Corps, Marine Corps Logistics Base (Activity) and American Federation of Government Employees, Local 1482 (Union)
Marine Corps arbitration exceptions dismissed as late (FLRA 0-AR-130)
A Marine Corps logistics base union filed exceptions to an arbitration award dated June 30, 1980. The Authority’s thirty-day rule required filing by July 29, but the exceptions arrived August 5. The Authority dismissed the appeal without reviewing the award because it could not extend or waive the…
Matter of Aphrodite Investments Limited
Separate corporate identity supported L-1 classification
The Commissioner reviewed a certified visa petition seeking L-1 classification for a beneficiary employed by a London investment holding company. The company was owned by three brothers and had created two Arizona subsidiaries to develop real estate. The Commissioner held that a corporation is a…
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.