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.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Reynolds Metals Company, Inc.
A trade secret no longer keeps the Secretary's outside expert off the plant floor
Reynolds Metals, one of the largest aluminum can manufacturers in the country, operates a plant in Tampa, Florida. After a two week inspection in November 1976 the Secretary cited it for noncompliance with the occupational noise standard at 29 C.F.R. § 1910.95(b)(1), alleging that several employees…
Wallace Roofing Company, Inc.
Hot-tar face-shield violation reinstated
Wallace Roofing Company supplied a face shield to an employee who fed cold tar into a hot-tar kettle, but the employee was not wearing it during OSHA's inspection. The company knew the employee's use was erratic and gave repeated oral warnings, yet it imposed no discipline even though the employee…
National Manufacturing Company
Noise-case discovery remanded under trade-secret protections
OSHA cited National Manufacturing Company for excessive workplace noise and inadequate engineering or administrative controls. During discovery, the Secretary sought to have an outside acoustical expert inspect the plant, but the judge limited entry to federal employees because National claimed the…
New England Telephone and Telegraph Company
Power-line clearance citation affirmed under telecommunications rule
New England Telephone and Telegraph linemen used a truck-mounted boom to load a cable reel in the company's storage yard. The boom contacted a 13.2 kV power line, killing one employee and severely injuring another. The judge applied the general-industry crane rule, but the Commission held that the…
Department of Energy, Western Area Power Administration (Activity) and International Brotherhood of Electrical Workers, Locals 640, 1245, 2159, 1759, 1959 and 611 (Intervenors)
Western Area Power Administration bargaining unit election amended (FLRA 61-4217(RA))
The Department of Energy's Western Area Power Administration asked the Authority to determine a bargaining unit for wage board employees transferred from the Bureau of Reclamation. The Authority found that Western Area was not the successor employer for the old local union units and directed an…
Department of the Navy, Naval Education and Training Center, Newport, Rhode Island (Activity) and International Association of Firefighters, Local F-100 (Labor Organization/Petitioner)
Newport fire captains included in unit (FLRA 1-CU-5)
A firefighters local sought clarification of its Navy education center unit at Newport. The Authority found fire captains did not spend a preponderance of their time on supervisory duties, as the firefighter rule required. It clarified the unit to include the GS-6 fire captain position.
Decision on Request for General Statement of Policy and Guidance
Midterm bargaining policy request denied (FLRA 0-PS-11)
AFGE asked the Authority to issue general guidance on a duty to bargain during the term of a collective agreement. The Authority found the issue better suited to unfair labor practice procedures, which could address a concrete factual record. It denied the policy request without deciding a specific…
National Treasury Employees Union (Union) and Department of the Treasury, U.S. Customs Service, Washington, DC (Activity)
Customs overtime negotiability appeal dismissed (FLRA 0-NG-92)
NTEU appealed a Customs Service response to proposals concerning inspectional overtime. The Authority found that resolving the dispute required factual findings about the parties’ bargaining conduct. It dismissed the appeal without prejudice to appropriate procedures and a later negotiability…
Federal Uniformed Firefighters, Local F-169 (Labor Organization) and U.S. Army Armament Research and Development Command, Dover, New Jersey (Activity)
Army firefighter official time proposal negotiable (FLRA 0-NG-73)
A federal firefighters local proposed official time for union representatives preparing for contract negotiations at an Army command in New Jersey. The agency argued that the proposal conflicted with the statute’s official time provisions. The Authority found no conflict and set aside the agency’s…
American Federation of Government Employees, AFL-CIO, Local 3354 (Union) and U.S. Department of Agriculture, Farmers Home Administration, St. Louis, MO (Activity)
Farmers Home grievance proposal negotiable (FLRA 0-NG-37)
A Farmers Home Administration union proposed a grievance procedure that did not expressly exclude separations of probationary or temporary employees. The agency said the omission made the proposal nonnegotiable. The Authority held the procedure within the duty to bargain and set aside the agency’s…
American Federation of Government Employees, AFL-CIO, Local 3669 (Labor Organization) and Veterans Administration Medical Center, Minneapolis, Minnesota (Activity)
VA grievance procedure proposal negotiable (FLRA 0-NG-32)
A Minneapolis VA union proposed a grievance procedure that excluded only matters subject to statutory appeals. The VA argued it had to expressly exclude other matters it considered legally nongrievable. The Authority held the proposal within the duty to bargain and set aside the agency’s…
American Federation of Government Employees, AFL-CIO, Local 1692 (Union) and Headquarters, 323rd Flying Training Wing (ATC), Mather Air Force Base, California (Activity)
Mather Air Force preparation time proposal negotiable (FLRA 0-NG-183)
An AFGE local proposed official time for its contract negotiators to prepare, matching time allotted to management’s team. The Air Force argued that the statute did not permit bargaining over such preparation time. The Authority found the proposal did not violate the official time provision and set…
American Federation of Government Employees, AFL-CIO, Local 3529 (Labor Organization) and Defense Contract Audit Agency (Activity)
Auditor rotation proposal rejected (FLRA 0-NG-14)
A Defense Contract Audit Agency union challenged an auditor rotation policy through a proposed bargaining term. The Authority found the proposal would interfere with management’s statutory right to assign employees. It sustained the agency’s nonnegotiability allegation.
NTEU and NTEU Buffalo District Joint Council and IRS Buffalo District; NTEU and NTEU Chapter 49 and IRS Manhattan District; NTEU and NTEU Chapter 54 and IRS Providence District; NTEU and NTEU Chapter 61 and IRS Albany District
IRS handbook training appeals dismissed (FLRA 0-NG-133)
NTEU filed four consolidated negotiability appeals after IRS districts responded to proposals on time to read a revised employee handbook and training sessions. The Authority concluded that the dispute depended on factual questions about bargaining conduct and existing agreements. It dismissed the…
National Council of Field Labor Locals, American Federation of Government Employees, AFL-CIO (Union) and U.S. Department of Labor, Washington, D.C. (Agency)
Labor Department supervisory proposals rejected (FLRA 0-NG-79)
A Labor Department union submitted three proposals concerning supervisory and management positions. The Authority held the first proposal outside the bargaining duty because it concerned employees outside the unit. It held the third outside that duty to the extent it would rescind assignments…
U.S. Army Armament Research and Development Command, Chemical Systems Laboratory Support, Product Assurance Directorate (Edgewood Arsenal) (Activity) and National Federation of Federal Employees, Local 178 (Union)
Army engineer arbitration award stands (FLRA 0-AR-1)
An Army laboratory union challenged an arbitration award concerning an engineer’s professional certification and position qualification. The Authority found that the petition did not establish a recognized ground for review. It denied the petition, leaving the award in place.
Ronald H. McCracken v. Valley Camp Coal Company
McCracken v. Valley Camp Coal (FMSHRC WEVA 79-116-D): New evidence claim remanded
Ronald H. McCracken petitioned for discretionary review in his case against Valley Camp Coal Company. He claimed that newly discovered evidence warranted reopening the record and further proceedings. The Commission granted review and sent the case back to the ALJ for a ruling on that claim. It did…
Suffolk County Contractors, Inc.
Backhoe power-line case remanded under crane precedent
OSHA alleged that Suffolk County Contractors willfully violated the ten-foot power-line clearance rule while operating a backhoe. The judge vacated the citation because he found the crane-and-derrick standard inapplicable to backhoes and did not reach the merits. After that ruling, the Commission…
Universal Roofing & Sheet Metal Co.
Roof-edge PPE citation remanded under current precedent
OSHA cited Universal Roofing after an employee worked near a roof edge without personal fall protection. The judge vacated the citation, reasoning that the roof was safer than a temporary floor allowed by the safety-net rule and that a sloped-roof provision displaced the general PPE standard. The…
Department of Agriculture, Forest Service, Siuslaw National Forest, Corvallis, Oregon (Activity) and National Federation of Federal Employees, Local 454 (Applicant)
Forest Service grievances returned to arbitration (FLRA 71-5004(GA))
A Forest Service union sought arbitration of several grievances. The administrative law judge found grievance No. 2 barred because its issue had already been raised in an unfair labor practice complaint, but found the others arbitrable. The Authority adopted that ruling and left timeliness and…
U.S. Naval Ordnance Station, Louisville, Kentucky (Respondent) and Local Lodge 830, International Association of Machinists and Aerospace Workers, AFL-CIO (Complainant)
Navy blood donor program change unlawful (FLRA 41-6355(CA))
A Navy ordnance station changed its blood donor program without negotiating with its union. The Authority decided the complaint on stipulated facts and rejected the agency’s claim that an expired agreement waived bargaining rights for this change. It found an unfair labor practice and ordered the…
Secretary of Labor (MSHA) v. Capitol Aggregates, Inc.
Capitol Aggregates (FMSHRC DENV 79-163-PM): Judge's decision vacated for new briefing
An ALJ issued a decision after neither party filed a brief, then learned that neither had received the hearing transcript that would start their briefing period. He tried to stay his issued decision and allow briefs. The Commission held that the judge's authority to reconsider ended when the…
U.S. Department of Labor (Agency/Petitioner) and Local 12, American Federation of Government Employees, AFL-CIO (Labor Organization) and U.S. Department of Labor (Agency) and National Council of Field Labor Locals, American Federation of Government Employees, AFL-CIO (Labor Organization/Petitioner) and Council 208, American Federation of Government Employees, AFL-CIO (Labor Organization)
Mine safety staff added to Labor Department units (FLRA Civil Service Commission Case No. 114)
After mine safety functions moved to the Labor Department, two AFGE representatives sought to add transferred MSHA employees to existing units. The Authority granted the requests. It placed eligible headquarters employees in Local 12’s unit and field employees in the National Council of Field Labor…
Roofing Systems Consultants, a Division of Bit U Tech, Inc.
Four feet from the edge of a wet roof is exposure, and the Secretary no longer proves the belts were feasible
Eight of the company's employees were pushing four inches of snow off the roof of an unfinished one-story building in Syracuse, New York, when an OSHA compliance officer arrived. The roof was about 100 by 150 feet and stood 20 feet above the ground. Its surface was bare metal decking, wet and…
Decision on Request for General Statement of Policy or Guidance
Dues assignment guidance request denied (FLRA 0-PS-12)
A federal employees union asked the Authority to clarify earlier guidance on when employees could revoke written dues assignments. The request posed several possible contract date arrangements. The Authority found it did not meet the standards for broad policy guidance and denied it.
American Federation of Government Employees, AFL-CIO, Local 2151 (Union) and General Services Administration, National Capital Region, Washington, DC (Activity)
Flexible work schedule proposal negotiable (FLRA 0-NG-193)
A GSA union proposed that an arbitrator determine whether flexible work schedules substantially disrupted operations or added costs before the agency ended the program. The agency alleged the proposal conflicted with federal law. The Authority held it was within the duty to bargain and set aside…
Department of Defense, Dependents Schools and Overseas Education Association, Inc.
Overseas schools arbitration appeal dismissed as late (FLRA 0-AR-51)
Counsel for an overseas schools union filed exceptions to an arbitration award after the governing deadline. The Authority found the exceptions could not be accepted for review. It dismissed the appeal without reaching the award’s merits.
Department of the Air Force, McGuire Air Force Base (Activity) and Local 1178, American Federation of Government Employees (Union)
McGuire standby pay arbitration award stands (FLRA 0-AR-3)
An Air Force employee grieved unpaid standby time at McGuire Air Force Base. The arbitrator dismissed the grievance as nonarbitrable under the parties’ agreement. The union challenged the arbitrator’s authority to decide that question, but the Authority found no reviewable defect and denied the…
Department of Defense, Dependents School (Activity) and Overseas Education Association, Inc. (Union)
Overseas teachers fee award stands (FLRA 0-AR-28)
An overseas schools union sought review of an arbitrator’s denial of attorney fees after a pay grievance. The arbitrator later denied the underlying grievance on reconsideration, finding the teacher had been properly paid. The Authority found no showing of the pay reduction needed to support Back…
Service Specialty, Inc.
The jurisdictional remand is answered by a stipulation, and the settlement closes the case for $200
This is a short order closing a case that had already been to the Commission once. On September 28, 1979 the Commission remanded so the judge could enter findings of fact and conclusions of law on whether the company's notice of contest was timely filed, a question that determined whether the…
General Electric Company
A conditional vacatur takes effect when the Secretary asks for the chance to brief and then decides not to file
This short order closes out a case the Commission had already decided in substance. On January 31, 1980 the Commission reversed the judge and vacated a citation alleging that General Electric failed to comply with 29 C.F.R. § 1910.132(a), the general personal protective equipment standard. It made…
Middletown Volkswagen, Inc.
Nobody wants the directed issues decided, so the carbon monoxide vacatur stands as an unreviewed decision
Administrative Law Judge Foster Furcolo vacated a citation alleging that employees were exposed to carbon monoxide above the permissible limit, charged under 29 C.F.R. § 1910.1000(a)(2) and its companion requirement at 29 C.F.R. § 1910.1000(e) to implement feasible administrative or engineering…
Easley Roofing & Sheet Metal Company, Inc.
Roof-edge and stairway items remanded
The judge found that Easley Roofing employees used a stairway with inadequate railings but classified the violation as de minimis. He also vacated a citation alleging that employees worked near a roof edge without personal fall protection because he placed the burden on the Secretary to prove that…
Republic Roofing Corporation
Roof-edge PPE citation remanded under revised burden rule
OSHA originally alleged that Republic Roofing failed to guard a roof perimeter, then amended the case to allege that employees lacked personal fall protection. The judge vacated the amended PPE citation because he placed the burden on the Secretary to plead and prove that the equipment was…
Department of the Air Force, Headquarters, San Antonio Air Logistics Center, Kelly Air Force Base, Texas (Respondent) and American Federation of Government Employees, Local 1617, AFL-CIO (Complainant)
Kelly Air Force Base complaint dismissal adopted (FLRA 63-8791(CA))
An AFGE local alleged an unfair labor practice at Kelly Air Force Base. The administrative law judge found no violation and recommended dismissal. The Authority adopted the judge’s findings and dismissed the complaint after reviewing the parties’ exceptions and response.
Henry C. Beck Company
A worksite mailing is valid notice, and the date a secretary signs for it starts the clock, but the area director's silence rescues a filing one day late
Beck was building a 20-acre project in Atlanta when two compliance officers inspected in December 1974. At the closing conference one of them asked Beck's project manager where to send any citation. The project manager said to send it to the safety director at the Dallas home office, with a copy to…
Decision on Request for General Statement of Policy or Guidance
Supervisor dues recoupment policy request denied (FLRA 0-PS-14)
A federal employees union requested a broad ruling about dues deductions that continued after an employee became a supervisor. It opposed agency refunds to the supervisor and recoupment from the local union. The Authority found the matter more suitable for a concrete case and denied the policy…
Veterans Administration Hospital, Perry Point, Maryland (Activity) and Local 331, American Federation of Government Employees (Union)
VA nursing assistant termination award sustained (FLRA 0-AR-55)
A VA nursing assistant challenged termination during a probationary appointment. The arbitrator found adequate grounds for the discharge and denied the grievance. The union’s exception did not establish a recognized defect, so the Authority sustained the award.
National Association of Government Employees, Local R4-6 (Union) and Headquarters, U.S. Army Transportation Center and Fort Eustis (Activity)
Fort Eustis promotion award sustained (FLRA 0-AR-39)
A Fort Eustis union challenged selections made after an Army training directorate reorganization. The arbitrator found no contract violation in the details or competitive selections and denied the grievance. The Authority found the union’s exception did not establish a statutory defect and…
Red River Army Depot (Activity) and National Association of Government Employees, Local R14-52 (Union)
Red River trailer safety award sustained (FLRA 0-AR-38)
A Red River Army Depot union grieved the use of trailers and tow vehicles it considered unsafe. The arbitrator denied the grievance. The Authority found that the union’s contract and safety arguments did not show a recognized defect in the award and sustained it.
National Aeronautics and Space Administration (Agency) and American Federation of Government Employees, Local 2284 (Union)
NASA repromotion arbitration award stands (FLRA 0-AR-10)
A NASA employee grieved denial of repromotion and alleged that union activity affected the selection. The arbitrator found no agreement violation or retaliation and denied the grievance. The Authority found no recognized ground to review the award and denied the union’s petition.
Secretary of Labor (MSHA) v. Peabody Coal Company
Peabody Coal Company (FMSHRC LAKE 80-25): Coal accumulation penalty remanded
MSHA cited Peabody Coal Company for coal and coal dust along about 900 feet of a mine entry. Peabody disputed whether the spillage was an accumulation under the cited standard. The Secretary proposed settling that citation for $550, but the ALJ rejected the settlement and immediately assessed…
Matter of Oseguera
Section 204(c) bar did not apply to a native-country nonquota visa
A United States citizen petitioned for immediate-relative status for his Mexican-born mother. She had previously entered the United States after a sham marriage, but her visa identified her as a nonquota immigrant because she was a native of Mexico, not because she was the spouse of a lawful…
Office of Personnel Management, Southeast Region, Atlanta, Georgia (Activity) and Association of Civil Service Commission Advisors (Petitioner)
OPM representation petition dismissed under changed labor law (FLRA 40-9000(RO))
The Association of Civil Service Commission Advisors sought an election among certain employees in the Office of Personnel Management’s Southeast Region. The petition relied on Executive Order 11491, but the Authority found that the federal labor relations statute had replaced that framework and…
U.S. Department of the Navy, Portsmouth Naval Shipyard (Respondent) and International Federation of Professional and Technical Engineers, AFL-CIO (Complainant)
Portsmouth shipyard grievance interference finding adopted (FLRA 31-11732(CA))
A union complained that Portsmouth Naval Shipyard discouraged an employee from pursuing grievances over shift assignments. The administrative law judge found an unfair labor practice under Executive Order 11491 and recommended a cease and desist order and notice posting. No exceptions were filed…
National Federation of Federal Employees, Local 1332 (Union) and Army Materiel Development and Readiness Command (DARCOM) (Activity)
Army counseling position proposals outside duty to bargain (FLRA 0-NG-148)
A union proposed specific training and qualification requirements for alcohol and drug abuse counselors at an Army command. The Authority found that the proposals would determine the types and grades of employees assigned to that work. Those matters were negotiable only if the agency elected to…
Richard Rothbard, Inc.
Default affirmed after missed hearing
Richard Rothbard timely contested a repeated citation and a notification of failure to correct, but neither the company nor its counsel appeared at the scheduled hearing. Counsel later attributed the absence to a mistaken belief that the hearing had been postponed. The judge found no good cause to…
Automatic Sprinkler Corporation of America
Repeat-serious mobile-scaffold violation affirmed
An Automatic Sprinkler employee worked from another subcontractor's mobile scaffold about 11 to 12 feet above a concrete floor without required guardrails or toeboards. The company had supplied a ladder and generally instructed employees not to use other employers' equipment, but it had not…
American Federation of Government Employees, Local 2814 (Union) and Federal Railroad Administration, Department of Transportation (Activity)
Railroad Administration promotion arbitration award sustained (FLRA FLRC No. 78A-104)
An arbitrator ordered a Federal Railroad Administration employee promoted retroactively to GS-14 with back pay after finding that the higher level job resulted from an accretion of duties. The agency sought review. The Authority found that the parties’ stipulations supported the award and that it…
General Services Administration, Region 9, Federal Protective Service Division, San Francisco, California (Respondent) and International Federation of Federal Police, Local 41 (Complainant)
GSA union meeting questioning added to unfair labor practice order (FLRA 70-6535(CA))
A federal police union challenged GSA questioning of employees about a union meeting and a leave without pay policy that singled out union activity. The administrative law judge found the leave policy unlawful but rejected the questioning allegation. The Authority reversed that part of the judge’s…
General Services Administration, Region 4, Atlanta, Georgia (Activity) and National Federation of Federal Employees, Local 1766 (Petitioner)
GSA protective officer bargaining unit clarified (FLRA 4-CU-4)
A union asked the Authority to decide whether GS-6 corporals in GSA’s Region 4 Federal Protective Service belonged in its bargaining unit. The Authority found that corporals serving as senior officers at their locations were supervisors and excluded them. Corporals working at installations led by…
Pennsuco Cement and Aggregates, Inc.
A mining agency that quietly stops inspecting kilns is still exercising its authority, so OSHA is preempted
A steam explosion in a wet rotary kiln at Pennsuco's Portland cement plant in Hialeah, Florida killed an employee in September 1975. OSHA, which had never inspected the facility before, cited Pennsuco under the general duty clause, section 5(a)(1) of the Act. Pennsuco answered that OSHA had no…
National Federation of Federal Employees, Local 1624 (Labor Organization) and Air Force Contract Management Division, Hagerstown, Maryland (Activity)
Air Force light duty proposal outside duty to bargain (FLRA 0-NG-74)
A union proposed that employees temporarily limited by illness or injury be detailed to suitable work or have their regular duties adjusted. The Authority found that the first option conflicted with management’s right to assign employees and the second with its right to assign work. It sustained…
National Federation of Federal Employees, Local 1862 (Union) and Department of Health, Education and Welfare, Public Health Service, Indian Health Service, Phoenix, Arizona (Activity)
Indian Health Service contract appeal dismissed after late disapproval (FLRA 0-NG-195)
An Indian Health Service union appealed the agency head’s disapproval of provisions in a negotiated agreement. The Authority found the disapproval was served more than 30 days after execution, so the agreement had already taken effect under the statute. The late disapproval raised no issue suitable…
National Association of Government Employees, Local R7-23 (Labor Organization) and Department of the Air Force, Scott Air Force Base, Illinois (Activity)
Scott Air Force Base assignment proposal outside duty to bargain (FLRA 0-NG-174)
A union proposed mandatory placement rights for clerical employees downgraded after reclassification at Scott Air Force Base. Placement would follow their standing on a reduction in force roster. The Authority found the proposal conflicted with management’s statutory right to assign employees and…
Federal Union of Scientists and Engineers, National Association of Government Employees, Local R1-144 (Union) and Naval Underwater Systems Center, Newport Naval Base, Newport, Rhode Island (Activity)
Navy position review appeal dismissed as moot (FLRA 0-NG-140)
A union sought bargaining over how a Navy activity would randomly select positions for review. The activity said the review was finished before the appeal was decided, and the union did not dispute that statement. The Authority dismissed the appeal as moot without reaching timeliness or…
Matter of Moreira
Active parental concern established a stepchild relationship
The Board reviewed a United States citizen's visa petition for her Argentine stepchild, whom she married the child's father shortly before the child turned 18. The District Director found that the short period between the marriage and the eighteenth birthday did not establish the required…
Amforge Division, Rockwell International
Hydraulic-press guarding violation affirmed
Amforge used a large hydraulic press to straighten bent axle forgings. Employees placed their hands near or within the point of operation while one hand could remain on the control handle, and some forgings had to be held until the ram made contact. The Commission found that this evidence…
Matter of Logan
Two Arkansas convictions supported deportability
The Board reviewed a Canadian citizen's appeal from a deportability finding based on two Arkansas convictions after entry into the United States. One conviction involved passing a worthless check with intent to defraud, and the other involved threatening deadly physical force against a law…
Massman-Johnson (Luling), a Joint Venture
Witness-statement dismissal reversed
OSHA issued a willful-serious citation after an employee fell from a barge into the Mississippi River, and the judge later dismissed the case when the Secretary refused to disclose prospective witnesses' statements before hearing. The Commission held that the government's informer privilege can…
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.