J.J. Cassone Bakery, Inc.

8 Cited authorities

Labor Board v. Gullett Gin Co.
340 U.S. 361 (1951) Cited 211 times 2 Legal Analyses
Holding unemployment compensation payments not deductible from back pay award under the National Labor Relations Act
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.
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
Glover Bottled Gas Corp. v. N.L.R.B
47 F.3d 1230 (D.C. Cir. 1995) Cited 2 times
No. 93-1831. Argued February 3, 1995. Decided March 3, 1995. Appeal from the National Labor Relations Board and Cross-Application for Enforcement. Clifford P. Chaiet, Melville, NY, argued the cause, for petitioners. Vincent J. Falvo, Atty., N.L.R.B., Washington, DC, argued the cause, for respondent. With him on the brief were Linda Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Peter Winkler, Supervising Atty., N.L.R.B., Washington, DC. Before: WALD,
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
Angle v. N.L.R.B
683 F.2d 1296 (10th Cir. 1982) Cited 7 times
Granting the Board's order for enforcement where employer did not present necessary "sufficient credible evidence" to support assertions that Board's calculations were wrong
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.

J.J. Cassone Bakery, Inc.

8 Cited authorities

Holding unemployment compensation payments not deductible from back pay award under the National Labor Relations Act

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

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.

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

Granting the Board's order for enforcement where employer did not present necessary "sufficient credible evidence" to support assertions that Board's calculations were wrong

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.