NLRB v. Hotel Employees and Restaurant Employees International Union, No. 05-1924 enforces the Board’s order, over and denies the board’s petition for review. Ironically, in this case, the defendant was the union itself who is an ALJ and the board determined wrongfully fired a researcher for attempting to rile up the union’s staff about their leafleting and picketing schedule. The opinion contains some interesting descriptions of how unions operate, and their internal politics. In this case, an employee of the union was discharged for, what the ALJ concluded was “complaining about the leafleting schedule.” Applying Wright Line, 251 N.L.R.B. 1083 (1980), enforced, 662 F.2d 899 (1st Cir. 1981), cert. denied, 455 U.S. 989 (1982), the ALJ and the board found that the union had not met its burden of showing that the employee was really discharged because of her temper, skills as a research, or general demeanor. On appeal, the court first determines that under 29 U.S.C. § 157, the employees’ activities were for the purpose of “mutual aid or protection” and not just grousing about her personal schedule, since substantial evidence showed that she polled other employees about their gripes. The rest of the opinion is really affirming a credibility determination.