Page:Cordúa Restaurants, Inc. v. NLRB (19-60630) (2021) Opinion.pdf/8

 to offer Ramirez full reinstatement to his former job or a substantially equivalent position, make Ramirez whole for any lost earnings or benefits, compensate Ramirez for any adverse tax consequences of receiving a lump-sum backpay award, and remove any reference to Ramirez’s termination from its files.

Cordúa timely petitioned for review of the Board’s decision and order.

We review the Board’s findings of fact under a substantial evidence standard. Sara Lee Bakery Grp., Inc. v. NLRB, 514 F.3d 422, 428 (5th Cir. 2008). Under 29 U.S.C. § 160(e), the Board’s findings of fact are “conclusive” if they are “supported by substantial evidence on the record considered as a whole.” “Substantial evidence is that which is relevant and sufficient for a reasonable mind to accept as adequate to support a conclusion. It is more than a mere scintilla, and less than a preponderance.” ''IBEW, AFL-CIO, CLC, Loc. Unions 605 & 985 v. NLRB, 973 F.3d 451, 457 (5th Cir. 2020) (quoting Creative Vision Res., L.L.C. v. NLRB'', 882 F.3d 510, 515 (5th Cir. 2018)). We may not “make credibility determinations or reweigh the evidence,” and should “defer to the plausible inferences the Board draws from the evidence, even if [we] might reach a contrary result were [we] deciding the case de novo.” Id. (quoting Alcoa Inc. v. NLRB, 849 F.3d 250, 255 (5th Cir. 2017)).

The Board asks us to grant summary enforcement of the portions of its order remedying Cordúa’s impermissibly broad no-solicitation rule. Cordúa does not oppose the Board’s request for summary enforcement, nor does it challenge the Board’s finding that Cordúa’s no-solicitation rule violated the NLRA. Findings of the Board that the employer does not challenge are waived on review, entitling the Board to summary enforcement.