CASE PROCESSING PROCEDURES; EVIDENCE – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
Single Topic for Decision 2237S
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1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
When the Board considers the record, it is free to draw its own and perhaps contrary inferences from evidence; it is a well-established principle, however, that the Board will defer to credibility determinations of the administrative law judge absent evidence to support overturning such conclusions; where charging party asserted that he was more credible than witness for the employer because the administrative law judge incorporated his undisputed testimony into the findings of fact, he was consistent in his own account of what occurred, and his supervisor did not know of any instances in which he lied, credibility determination in favor of witness for employer was not overturned.