Duroyd Manufacturing, Inc.

6 Cited authorities

N.L.R.B. v. Madison Courier, Inc.
472 F.2d 1307 (D.C. Cir. 1972) Cited 97 times
Holding that "[i]f the discriminatee accepts significantly lower-paying work too soon after the discrimination in question, he may be subject to a reduction in back pay on the ground that he willfully incurred a loss by accepting an `unsuitably' low paying position"
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
N.L.R.B. v. Midwest Hanger Co.
550 F.2d 1101 (8th Cir. 1977) Cited 19 times
No. 76-1261. Submitted November, 11, 1976. Decided March 3, 1977. David A. Fleischer, Atty., N.L.R.B., Washington, D.C., for petitioner; John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Michael S. Winer, Atty., N.L.R.B., Washington, D.C., on the brief. John A. McGuinn, Farmer, Shibley McGuinn Flood, Washington, D.C., for respondents; Guy Farmer, Washington, D.C., on the brief. Appeal
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.
Leonard v. United States
231 F.2d 588 (5th Cir. 1956) Cited 5 times
In Leonard v. United States, 5 Cir., 231 F.2d 588, the accused did not have counsel and thought the Court would merely make an administrative decision to assign him to military service as a conscientious objector.

Duroyd Manufacturing, Inc.

6 Cited authorities

N.L.R.B. v. Madison Courier, Inc.

Holding that "[i]f the discriminatee accepts significantly lower-paying work too soon after the discrimination in question, he may be subject to a reduction in back pay on the ground that he willfully incurred a loss by accepting an `unsuitably' low paying position"

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

N.L.R.B. v. Midwest Hanger Co.

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.

Leonard v. United States

In Leonard v. United States, 5 Cir., 231 F.2d 588, the accused did not have counsel and thought the Court would merely make an administrative decision to assign him to military service as a conscientious objector.