International Longshore & Warehouse Union, Local 17 v. National Labor Relations Board

MEMORANDUM

Plaintiff International Longshore & Warehouse Union, Local 17 (the “Union”) seeks review of a final order of the National Labor Relations Board (the “Board”) dismissing the Union’s unfair labor practice charges against Blue Diamond Growers (the “Company”). The Union alleges that the Company fired two employees for their union activity, in violation of Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and (3), and that the Board’s decision dismissing the charges is not supported by substantial evidence. We have jurisdiction pursuant to 29 U.S.C. § 160 (f) and we affirm the Board’s decision.

Because the parties are familiar with the factual and procedural history of this case, we need not recount it here. The Union first argues that the Board erred in failing to remand to the Administrative Law Judge (“ALJ”) to make specific credibility findings. While failure to make more than boilerplate comments regarding overall witness credibility may be grounds for overturning or remanding an ALJ’s decision, remand is permissive, not mandatory, and we give great deference to the ALJ’s credibility determinations. See Retlew Broad. Co. v.…