Legal Opinion

El Paso Electric Co. v. National Labor Relations Board

Court of Appeals for the Fifth Circuit

Decided May 18, 2012No. 10-60771PublishedCited by 30 opinions

1Opinion of the Court

HIGGINSON, Circuit Judge:

The issue before us is whether there is sufficient evidence to support the findings by the Respondent, the National Labor Relations Board (the “General Counsel”),1 that the Petitioner, El Paso Electric Company (“EPE”), engaged in unfair labor practices prohibited by the National Labor Relations Act (the “NLRA”).

EPE contends that the record does not support the Board’s findings. First, it is settled law that this court “do[es] not make credibility determinations or reweigh the evidence” when reviewing the Board’s decisions. NLRB v. Allied Aviation Fueling of Dallas LP,…

2Cases cited30 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. National Labor Relations Board v. KatzSupreme Court of the United States · 1962
  4. Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
  5. Curtis SELDERS, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1990

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3Cited by30 opinions

  1. Flex Frac Logistics, L.L.C. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 2014
  2. National Labor Relations Board v. Arkema, Inc.Court of Appeals for the Fifth Circuit · 2013
  3. Carey Salt Co. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 2013
  4. Entergy Mississippi, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 2015
  5. UNF West, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 2016

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