Windsor Redding Care Center, LLC v. NLRB, No. 18-1299 (D.C. Cir. 2019)
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After the Board found that the company violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act by suspending and discharging one of its employees, the company petitioned for review.
The DC Circuit granted the petition for review, denied the Board's application for enforcement of its order as it related to the employee, and held that, although the Board was not obliged to agree with either the judge or its dissenting member, the Board was obligated to confront evidence detracting from its conclusions, particularly where the dissenting member has offered a nonfrivolous analysis. The court held that the Board failed to adequately explain the basis of its disagreement with the ALJ and took action against the company without the support of substantial evidence. In this case, the Board's decision relating to the company's suspension and discharge of the employee, the Board's conclusion regarding the significance of the post-discharge investigations, and the Board's disparate treatment finding were all unsupported by substantial evidence.
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