CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision 2504E

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While the Board applies a de novo standard of review and is free to draw its own conclusions from the record, because an ALJ is in a much better position than the Board to accurately make credibility determinations based on live testimony, “the Board has determined that it will normally afford deference to administrative law judges’ findings of fact involving credibility determinations unless they are unsupported by the record as a whole.” [citations omitted.] Because the record as a whole in this case supported the ALJ’s factual findings and credibility determinations, which were based on a variety of observational and non-observational factors, and because the excepting party provided no grounds to undermine these findings and determinations, the Board declined to disturb the proposed decision finding that the charging party failed to prove the complaint’s allegations of bad-faith bargaining. (p. 14.)