Coletti's Furniture, Inc. v. National Labor Relations Board

This was a close case for the Administrative Law Judge and the Board. There was enough conflict in the testimony and enough basis for differing credibility judgments for the decision to have gone either way. And we are somewhat concerned that, while the ALJ cited this circuit’s decision in NLRB v. Fibers Int’l Corp., 439 F.2d 1311, 1312 (1st Cir. 1971), in which we held that there had to be a finding of dominant motive, he found that the discharge was motivated “in substantial part” by union animus. Only because it is so clear from the decision as a whole that the ALJ in fact found that Loppi…