National Labor Relations Board v. Clarke's Sheet Metal, Inc.

65 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CLARKE'S SHEET METAL, INC., Respondent. No. 93-70712. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided Aug. 16, 1995. 1 Before: BROWNING, REAVLEY, ** and NORRIS, Circuit Judges 2 MEMORANDUM *** 3 We affirm the decision of the National Labor Relations Board ("NLRB," "Board"). Respondent has failed to establish by a "clear preponderance of the evidence," Lippincott Industries, Inc. v. NLRB, 661 F.2d 112, 114 (9th Cir.1981); see Did Bldg. Servs. v. NLRB, 915 F.2d 490, 494 (9th Cir.1990), that the ALJ's decision to credit Clark's testimony over that of Canfield was erroneous. The ALJ's determination that Clark was a credible witness is entitled to special weight. See Did Bldg. Servs., 915 F.2d at 494 ; NLRB v. Brooks Cameras, Inc., 691 F.2d 912, 915 (9th Cir.1982). Moreover, a review of the transcript of hearing reveals inconsistencies in…