“[W]hen the determination of motive or purpose hinges entirely upon the degree of credibility to be accorded the testimony of interested witnesses, the credibility findings of the Trial Examiner are entitled to special weight and are not to be easily ignored.”
How later courts described this case
- “[W]hen the determination of motive or purpose hinges entirely upon the degree of credibility to be accorded the testimony of interested witnesses, the credibility findings of the Trial Examiner are entitled to special weight and are not to be easily ignored.”
- “[t]he rela *461 tive deference to be given each tribunal when the Board and the AU disagree on the facts is well defined in ... Penasquitos.”
Written by the judges who cited it.
The opinion
SNEED, Circuit Judge
(dissenting):
I would grant enforcement of the Board’s order. While I do not disagree with Judge Wright’s statement of the proper standard of review when the Board and the Administrative Law Judge disagree, I do believe that the majority has misapplied the standard. Its scrutiny of the Board’s findings as they relate to the operation of Loomis with replacements and the reopening by Loomis of its Manteca operations results in the substitution of its judgment for that of the Board. “Close scrutiny” should not become the vehicle for ignoring reasonable inferences drawn by the Board from uncontested facts. An inference may be reasonable even though a contrary inference may be equally reasonable.
I respectfully dissent.