NLRB v. Kelly Brothers Sheet Metal, Inc.

U.S. Court of Appeals for the Eleventh Circuit

NLRB v. Kelly Brothers Sheet Metal, Inc.

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 04-16742 FILED

U.S. COURT OF APPEALS

Non-Argument Calendar ELEVENTH CIRCUIT

________________________ August 26, 2005

THOMAS K. KAHN

Agency Nos. 12-CA-22495, 12-CA-22544 CLERK NATIONAL LABOR RELATIONS BOARD,

Petitioner,

versus KELLY BROTHERS SHEET METAL, INC.,

Respondent.

________________________

Application for Enforcement of an Order of

the National Labor Relations Board

_________________________

(August 26, 2005) Before BIRCH, BARKETT and COX, Circuit Judges. PER CURIAM:

The National Labor Relations Board seeks enforcement of its decision and order finding that Kelly Brothers Sheet Metal, Inc. engaged in unfair labor practices 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 158(a)(3). We review the Board’s decision to ensure that it is supported by substantial evidence on the record as a whole, and we give “special deference to the ALJ’s credibility determinations, which will not be disturbed unless they are inherently unreasonable or self-contradictory.” NLRB v. McClain of Georgia, Inc., 138 F.3d 1418, 1422 (11th Cir. 1998).

Having considered the briefs, and relevant parts of the record, we find no reason to disturb the ALJ’s credibility determinations. We hold that substantial evidence supports the Board’s decision and order.

The Board’s order is enforced in full.

ORDER ENFORCED.

2

Reference

Status
Unpublished