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

 compliance hearing); DSL Mfg. Inc., 202 NLRB 970, 971 (1973) (“[S]peculation does not amount to evidence”).

Neither Ambroa nor Espinoza ever contacted Reichman regarding the statements made in her text messages, lending support to the Board’s finding that Reichman’s text message statements to Ambroa about Ramirez seeking other persons’ records are not credible. Because the Board’s credibility determination here is not inherently unreasonable or self-contradictory, we defer to the Board.

The Board’s credibility determination as to Ramirez’s testimony that he only sought to obtain his own payroll records is also not inherently unreasonable or self-contradictory. On review, Cordúa argues that Ramirez’s testimony is not credible because he “demonstrated his dishonesty and willingness to commit perjury multiple times.” In support, Cordúa invokes Ramirez’s testimony that he told Espinoza “truthful answers” concerning his texts with Reichman compared to his later admission that he texted Reichman about non-scheduling matters when he sent her his start date with Cordúa. Cordúa also points to Ramirez’s testimony that Espinoza asked him for the names of coworkers involved in the lawsuit during their meeting compared with the meeting transcript which does not support this assertion.

We agree with the Board that this testimony does not undermine Ramirez’s credibility as a witness. Inconsistencies or conflicts in a witness’s testimony, standing alone, are insufficient to establish perjury. Koch v. Puckett, 907 F.2d 524, 531 (5th Cir. 1990); see also Fairfax v. Scott, No. 93-8853, 1994 U.S. App. LEXIS 42267, at *3 (5th Cir. 1994) (per curiam) (unpublished). Neither of the allegedly contradictory testimonial statements relates to Ramirez’s testimony that he only asked Reichman to obtain his own payroll records. Moreover, the only evidence Cordúa cites to show that Ramirez attempted to obtain other employees’ confidential