Page:Cordúa Restaurants, Inc. v. NLRB (19-60630) (2021) Opinion.pdf/11

 The Board’s finding of a Section 8(a)(1) violation is reviewed for substantial evidence. ''Tex. World Serv. Co. v. NLRB, 928 F.2d 1426, 1435 (5th Cir. 1991); see also 29 U.S.C. § 160(e); Universal Camera Corp. v. NLRB'', 340 U.S. 474, 488 (1951). We will not disturb the Board’s finding of a discriminatory motive even if the record would allow a “competing, perhaps even equal, inference of a legitimate basis for discipline,” as long as the Board “could reasonably infer an improper motivation.” ''NLRB v. McCullough Env’t. Servs., Inc., 5 F.3d 923, 937 (5th Cir. 1993) (quoting NLRB v. Brookwood Furniture, Div. of U.S. Indus.'', 701 F.2d 452, 467 (5th Cir. 1983)); see also Remington Lodging, 847 F.3d at 186 & n.22 (noting that we will “not lightly displace the Board’s factual finding of discriminatory intent” (quoting Brookwood, 701 F.2d at 464)). According to the Board’s findings, Ramirez engaged in protected activities by (1) discussing issues relating to his wages with his coworkers, (2) requesting to access his personnel records, and (3) filing the FLSA collective action lawsuit against Cordúa. On review, Cordúa argues that the Board “erred by finding that Ramirez’s attempt to acquire other employees’ payroll information, without their permission, and lying to the COO about it, was protected activity.” The Board did not in fact make such a finding.
 * A. Ramirez’s engagement in protected activities

Cordúa does not dispute the Board’s findings that Ramirez engaged in protected activities by discussing payroll-related issues with his coworkers, filing the collective action lawsuit, or requesting to access his own personnel records. Cordúa has thus waived these issues. See Flex Frac Logistics, L.L.C. v. NLRB, 746 F.3d 205, 208 (5th Cir. 2014).