Electrical Workers IBEW Local 3 (Fischbach & Moore)

7 Cited authorities

N.L.R.B. v. Mastro Plastics Corporation
354 F.2d 170 (2d Cir. 1965) Cited 96 times
In Mastro, the relatives of two deceased discriminatees had testified as to the discriminatees' diligent searches for work.
Caskey Baking Co. v. Virginia
313 U.S. 117 (1941) Cited 49 times
In Caskey Baking Co. v. Virginia, 313 U.S. 117, 85 L. ed. 1223, an attack was made on the Tax Code of the State of Virginia which imposed an annual tax on everyone peddling and delivering merchandise in the State other than a manufacturer taxable on its capital by the State, or a wholesale dealer regularly licensed by the State. A license fee of $100 for each vehicle used in the business of such nonresident was fixed.
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. Mercy Peninsula Ambulance Service
589 F.2d 1014 (9th Cir. 1979) Cited 16 times
Holding that giving back pay to those who had been less than reasonably diligent would "run contrary to the purposes of the backpay remedy, encourage idleness and reward slothfulness"
Arlington Hotel Co., Inc. v. N.L.R.B
876 F.2d 678 (8th Cir. 1989) Cited 4 times
No. 88-1203. Submitted April 12, 1989. Decided June 7, 1989. Order of July 21, 1989. Russell Gunter, Little Rock, Ark., for petitioner. Robert N. Hermann, Washington, D.C., for respondent. Appeal from the National Labor Relations Board. Before ARNOLD, FAGG and WOLLMAN, Circuit Judges. FAGG, Circuit Judge. Arlington Hotel Company, Inc. (AHC) petitions for review of a backpay order issued by the National Labor Relations Board (the Board). The Board cross-applies for enforcement of the order. We reverse
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.

Electrical Workers IBEW Local 3 (Fischbach & Moore)

7 Cited authorities

N.L.R.B. v. Mastro Plastics Corporation

In Mastro, the relatives of two deceased discriminatees had testified as to the discriminatees' diligent searches for work.

Caskey Baking Co. v. Virginia

NLRB v. United Broth., Carpenters Joiners

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

N.L.R.B. v. Mercy Peninsula Ambulance Service

Holding that giving back pay to those who had been less than reasonably diligent would "run contrary to the purposes of the backpay remedy, encourage idleness and reward slothfulness"

Arlington Hotel Co., Inc. v. N.L.R.B

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.