stating that the Board’s factual findings are binding on appeal when substantial record evidence supports them
How later courts described this case
- stating that the Board’s factual findings are binding on appeal when substantial record evidence supports them
- explaining that the Board, and not the referee, is the final arbiter of credibility determinations
- applying the test set forth in Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951), to determine whether a finding is supported by substantial evidence
- "[W]e will not impose on [these agencies] a requirement of redundant explanation."
Written by the judges who cited it.
The opinion
McDERMOTT, Justice,
concurring.
I concur in the result reached by the majority, but like Mr. Justice Larsen, I am not convinced that the question whether the Board may reverse a referee’s finding on credibility is an issue in this case. The Board did not reject the referee’s determination; what it did was interpret his findings.
I believe the question of importance and would prefer for precedential reasons to await a more direct conflict.