182256P.pdf   07/08/2019  St. Paul Park Refining Co, LLC  v.  NLRB
   U.S. Court of Appeals Case No:  18-2256
                          and No:  18-2520
   National Labor Relations Board   
   [PUBLISHED] [Shepherd, Author, with Arnold and Erickson, Circuit Judges] 
   Petition for Review/Application for Enforcement - NLRB. NLRB order 
   determining petitioner unlawfully suspended an employee for engaging in 
   protected concerted activity enforced; there were multiple indications 
   that discriminatory anti-union animus motivated petitioner's decision to 
   discipline the employee; the burden thus shifted to petitioner to prove it 
   would have taken the same action absent the protected activity and, 
   considering its changing stories an inadequate investigation into the 
   incident, the case does not involve the extraordinary circumstances 
   justifying reversing the ALJ's credibility findings; there was, therefore, 
   substantial evidence that petitioner committed a labor violation; the ALJ 
   and Board did not abuse their discretion by denying petitioner's motions 
   to reopen the record.