Legal Opinion · Dissent

National Labor Relations Board, Teamsters Local Union No. 20, Intervenor v. Seawin, Inc.

Court of Appeals for the Sixth Circuit

Decided April 26, 2001No. 99-6624Published

1DissentCole, Circuit Judge

Because I believe the majority rejects out of hand factual findings of the Board that are supported by substantial evidence, and substitutes its own factual conclusions instead, I respectfully dissent.

I. STANDARD OF REVIEW

It has long been established that we must uphold the Board’s factual findings if they are supported by substantial evidence on the record as a whole. See 29 U.S.C. § 160(e) (“The findings of the Board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall be conclusive.”); Universal Camera Corp. v. NLRB, 340 U.S. 474,…

2Cases cited11 opinions

Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
Charlene M. CUTLIP, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1994
Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
Bolton-Emerson, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1990

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