National Labor Relations Board v. George Joseph Orchard Siding, Inc.
Opinion
Lead Opinion
MEMORANDUM *
The National Labor Relations Board (the “Board”) applies for enforcement of its order against George Joseph Orchard *747 Siding, Inc. (“Orchard”). An Administrative Law Judge (“ALJ”) found that Orchard violated Section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1), (3), by engaging in surveillance of employees’ attendance at union meetings and laying off or failing to recall 15 employees. The Board affirmed the ALJ’s decision and adopted his recommended order with minor modifications. The Board ordered Orchard to cease and desist from engaging in unlawful conduct and to take affirmative remedial action.
We have jurisdiction over the Board’s enforcement application under 29 U.S.C. § 160 (e). We uphold a decision of the Board that correctly applies the law, if substantial evidence supports its findings of fact. NLRB v. Int’l Bhd. of Elec. Workers, Local 18, 345 F.3d 1049, 1053-54 (9th Cir.2003). Credibility findings warrant special deference, and we reject such findings only when a clear preponderance of the evidence demonstrates that they are incorrect. Underwriters Labs., Inc. v. NLRB, 147 F.3d 1048, 1051 (9th Cir.1998).