In NLRB v. Herman Brothers Pet Supply, Inc., 325 F.2d 68 (6th Cir. 1963), there was no dispute as to the occurrence of unfair labor practices, such as the employer's statement to several employees that "he would never sign a union contract, and... he would close his business before admitting the union."
Ordering Board to determine employee choice of representative at time of enforcement proceeding because of significant turnover and great lapse of 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.