National Labor Relations Board v. Thermon Heat Tracing Services, Inc.

The majority opinion fails to discuss McNeely’s status as a paid informant. Because his testimony is the crux of this case, I respectfully dissent.

Ours is but a limited role when called upon to enforce an order of the National Labor Relations Board (the “Board”): we will sustain an order that is supported by substantial evidence on the record considered as a whole. See 29 U.S.C. § 160(e); Universal Camera Corp. v. NLRB, 340 U.S. 474, 477, 71 S.Ct. 456, 459, 95 L.Ed. 456 (1951); TRW, Inc. v. NLRB, 654 F.2d 307, 310 (5th Cir.1981). Though we might reach a contrary result if we were to decide an…