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McKenzie Engineering Co.

33-CA-011408 (N.L.R.B. Mar. 23, 2006)
McKenzie Engineering Co.

7 Cited authorities

  1. Bethea v. Levi Strauss and Co.

    916 F.2d 453 (8th Cir. 1990)   Cited 60 times
    Holding that the Eighth Circuit's mandate was clear, and that the district court erred in deviating from that mandate

  2. 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"

  3. 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.

  4. McKenzie Engineering Co. v. N.L.R.B

    373 F.3d 888 (8th Cir. 2004)   Cited 6 times
    Modifying an award assuming certain durations of employment where the assumptions were “supported by neither [the employer's] past history as an employer, nor [the relevant] workers' past employment histories”

  5. McKenzie Engineering Co. v. Nat'l Labor Relations Bd.

    182 F.3d 622 (8th Cir. 1999)   Cited 8 times
    Holding that there was no issue of fact as to whether a specific job was covered under a "Highway and Heavy" provision where the employer deducted union dues pursuant to the CBA and its president made a statement implying that the work was covered by the CBA

  6. Heinrich Motors, Inc. v. N.L.R.B

    403 F.2d 145 (2d Cir. 1968)   Cited 30 times
    In Heinrich Motors, Inc. v. NLRB, 403 F.2d 145, 148 (2d Cir. 1968), we characterized the General Counsel's burden as that of "going forward with evidence that the employee has not wilfully incurred a loss of earnings," and cited Mastro Plastics for the proposition.

  7. N.L.R.B. v. Mooney Aircraft, Inc.

    366 F.2d 809 (5th Cir. 1966)   Cited 23 times

    No. 19448. September 30, 1966. Melvin J. Welles, Paul Elkind, Robert B. Schwartz, Attys., Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, NLRB, Washington, D.C., for petitioner. Hal Rachal, Midland, Tex., for respondent. Before WISDOM and THORNBERRY, Circuit Judges, and COX, District Judge. William Harold Cox, United States District Judge for the Southern District of Mississippi, sitting by designation. WISDOM, Circuit Judge: We hope that this opinion proves