that threats that create a “general atmosphere of fear and reprisal” render a free election impossible. Westwood Horizons Hotel, 270 NLRB 802, 803 (1984). Threats will interfere with a free election when they are “serious and likely to intimidate prospective voters to cast their ballots in a particular manner.” Id. The question here is whether the comments made by Davis and Keating and disseminated to other voting employees in a very close election crossed the line, becoming threats that made a free election impossible. We conclude that the Board abused its discretion here by finding that the threats did not create a “general atmosphere of fear and reprisal” according to the Board’s own precedent. See id.; see also Honeywell Int’l, Inc. v. NLRB, 253 F.3d 119, 123 (D.C.Cir.2001) (<HOLDING>). Under the Board’s Westwood Hotel precedent
holding the boards cursory departure from precedent rendered its decision arbitrary and capricious holding that the plan administrators failure to address the social security administrations finding of the claimants disability rendered the decision arbitrary and capricious recognizing that arbitrary and capricious decision making by the factfinder implicates an error of law holding that when the agencys decision was based on an erroneous and completely unsupported assumption the decision was arbitrary and capricious holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision