(1973), automatically requires disqualification of the decision maker. In Bunnell, the rec ord indicated that in numerous instances the administrative law judge had demonstrated active hostility toward the claimant in an employment disability benefits proceeding, while at the same time exhibiting favoritism toward the employer and the employer’s counsel. 740 P.2d at 1333-34. We ruled that such an atmosphere of partiality violated fundamental principles of due process. Id. at 1334; see also Local No. 3 v. NLRB, 210 F.2d 325, 329-30 (8th Cir.1954) (disqualifying examiner who uniformly rejected evidence offered to support company’s point of view, while accepting evidence supporting union). But see NLRB v. Pittsburgh S.S. Co., 337 U.S. 656, 659, 69 S.Ct. 1283, 1285, 93 L.Ed. 1602 (1949) (<HOLDING>). In Berryhill, the United States Supreme Court
recognizing that assessing witness credibility is uniquely the function of the trier of fact holding that issues of discriminatory intent and actual motivation are questions of fact for the trier of fact holding that direct evidence if believed by the trier of fact will prove the particular fact in question without reliance upon inference or presumption holding total rejection of an opposed view cannot of itself impugn the integrity or competence of a trier of fact holding that a reasonable trier of fact could find that the defendants acted with malice