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Kentucky River Medical Center

09-CA-037734 (N.L.R.B. Feb. 22, 2007)
Kentucky River Medical Center

34 Cited authorities

  1. Ford Motor Co. v. Equal Emp't Opportunity Comm'n

    458 U.S. 219 (1982)   Cited 758 times   7 Legal Analyses
    Holding that a claimant need not “accept a demotion” in order to mitigate damages

  2. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  3. Nat'l Labor Relations Bd. v. Health Care & Retirement Corp. of America

    511 U.S. 571 (1994)   Cited 97 times   2 Legal Analyses
    Holding that "the Board's test is inconsistent with both the statutory language and th[e] Court's precedents"

  4. Retail, Wholesale & Department Store Union v. Nat'l Labor Relations Bd.

    466 F.2d 380 (D.C. Cir. 1972)   Cited 157 times   1 Legal Analyses
    Declining to enforce Board order giving retroactive effect to rule newly announced in adjudication

  5. 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"

  6. 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.

  7. N.L.R.B. v. Bufco Corp.

    899 F.2d 608 (7th Cir. 1990)   Cited 33 times
    Adopting Deklewa and applying it retroactively

  8. U.S. Can Co. v. N.L.R.B

    254 F.3d 626 (7th Cir. 2001)   Cited 15 times
    Finding no prejudice where the obligation of the respondent would have been the same had the NLRB filed its petition for enforcement sooner

  9. Yesterday's Children, Inc. v. Nat'l Labor Relations Bd.

    115 F.3d 36 (1st Cir. 1997)   Cited 18 times
    Timing of reprimand, coming soon after protected activities, "raise[d] suspicions"

  10. N.L.R.B. v. Ferguson Elec. Co., Inc.

    242 F.3d 426 (2d Cir. 2001)   Cited 14 times
    Noting that the period may be shortened by a showing that the salt accepted a promotion from the Union during the back pay period which removed him from the field