December 12, Inc.

8 Cited authorities

Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
N.L.R.B. v. Brown Root, Inc.
311 F.2d 447 (8th Cir. 1963) Cited 71 times
In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.
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
NLRB v. United Broth., Carpenters Joiners
531 F.2d 424 (9th Cir. 1976) Cited 28 times
Upholding Board's conclusion where employer had "not met its burden of negativing the General Counsel's findings"
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
N.L.R.B. v. Mooney Aircraft, Inc.
366 F.2d 809 (5th Cir. 1966) Cited 23 times
No. 19448. September 30, 1966. Melvin J. Welles, Paul Elkind, Robert B. Schwartz, Attys., Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, NLRB, Washington, D.C., for petitioner. Hal Rachal, Midland, Tex., for respondent. Before WISDOM and THORNBERRY, Circuit Judges, and COX, District Judge. William Harold Cox, United States District Judge for the Southern District of Mississippi, sitting by designation. WISDOM, Circuit Judge: We hope that this opinion proves
N.L.R.B. v. Laidlaw Corporation
507 F.2d 1381 (7th Cir. 1974) Cited 3 times
Affirming Board's refusal to deduct from backpay sums received from union for picketing since the "monies disbursed by the union were not contingent on picketing time"
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.

December 12, Inc.

8 Cited authorities

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.

Upholding Board's conclusion where employer had "not met its burden of negativing the General Counsel's findings"

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

Affirming Board's refusal to deduct from backpay sums received from union for picketing since the "monies disbursed by the union were not contingent on picketing time"

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.