In Local 512 v. NLRB ("Felbro"), 795 F.2d 705, 722 (9th Cir. 1986), the Ninth Circuit reached this holding after observing that " Sure-Tan gave no indication that it was overruling a significant line of precedent that disregards a discriminatee's legal status, as opposed to availability to work, in determining his or her eligibility for back pay."