Boilermakers Local 27 (Daniel Construction)

6 Cited authorities

Labor Board v. Seven-Up Co.
344 U.S. 344 (1953) Cited 368 times
Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding
N.L.R.B. v. Miami Coca-Cola Bottling Company
360 F.2d 569 (5th Cir. 1966) Cited 51 times
Permitting "non-deduction of supplemental earnings . . . where an employee who had spare-time earnings prior to discharge from his regular job continued in the same spare-time job during his period of discharge," and further holding that as long as employee was "moonlighting before his unlawful discharge," amounts earned in any "spare time employment" should not be used to reduce back-pay award
Heinrich Motors, Inc. v. N.L.R.B
403 F.2d 145 (2d Cir. 1968) Cited 30 times
In Heinrich Motors, Inc. v. NLRB, 403 F.2d 145, 148 (2d Cir. 1968), we characterized the General Counsel's burden as that of "going forward with evidence that the employee has not wilfully incurred a loss of earnings," and cited Mastro Plastics for the proposition.
Bagel Bakers Council of Greater N.Y. v. NLRB
555 F.2d 304 (2d Cir. 1977) Cited 18 times
Holding that costs should not be shifted "from the employers to the employees harmed by illegal conduct"
N.L.R.B. v. Arduini Manufacturing Corp.
394 F.2d 420 (1st Cir. 1968) Cited 24 times
Holding that plaintiffs delay of several days in accepting a job offer demonstrated a lack of reasonable diligence in mitigating damages and tolled plaintiffs right to backpay
National Labor Rel. Board v. Cashman Auto Co.
223 F.2d 832 (1st Cir. 1955) Cited 20 times
In NLRB v. Cashman Auto Co., 223 F.2d 832, 836 (1st Cir. 1955), the First Circuit noted, over half a century ago, that the principle of mitigation of damages does not require success; it only requires an honest good faith effort by the complaining party.

Boilermakers Local 27 (Daniel Construction)

6 Cited authorities

Labor Board v. Seven-Up Co.

Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding

N.L.R.B. v. Miami Coca-Cola Bottling Company

Heinrich Motors, Inc. v. N.L.R.B

In Heinrich Motors, Inc. v. NLRB, 403 F.2d 145, 148 (2d Cir. 1968), we characterized the General Counsel's burden as that of "going forward with evidence that the employee has not wilfully incurred a loss of earnings," and cited Mastro Plastics for the proposition.

Bagel Bakers Council of Greater N.Y. v. NLRB

Holding that costs should not be shifted "from the employers to the employees harmed by illegal conduct"

N.L.R.B. v. Arduini Manufacturing Corp.

Holding that plaintiffs delay of several days in accepting a job offer demonstrated a lack of reasonable diligence in mitigating damages and tolled plaintiffs right to backpay

National Labor Rel. Board v. Cashman Auto Co.

In NLRB v. Cashman Auto Co., 223 F.2d 832, 836 (1st Cir. 1955), the First Circuit noted, over half a century ago, that the principle of mitigation of damages does not require success; it only requires an honest good faith effort by the complaining party.