M&M Affordable Plumbing, Inc.

6 Cited authorities

N.L.R.B. v. Madison Courier, Inc.
472 F.2d 1307 (D.C. Cir. 1972) Cited 98 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"
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
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.
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
Nat'l Labor Relations Bd. v. NHE/Freeway, Inc.
545 F.2d 592 (7th Cir. 1976) Cited 3 times
No. 75-1827. Argued October 22, 1976. Decided December 3, 1976. Elliott Moore, Deputy Associate Gen. Counsel, John D. Burgoyne and John C. Rother, Attys., N.L.R.B., Washington, D.C., for petitioner. Ralph Adam Fine, Milwaukee, Wis., for respondents. Before CLARK, Associate Justice (Retired), FAIRCHILD, Chief Judge, and HASTINGS, Senior Circuit Judge. Associate Justice Tom C. Clark, United States Supreme Court (Ret.), is sitting by designation. PER CURIAM: This enforcement proceeding, filed by the
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.

M&M Affordable Plumbing, Inc.

6 Cited authorities

N.L.R.B. v. Madison Courier, Inc.

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"

N.L.R.B. v. Miami Coca-Cola Bottling Company

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

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.

N.L.R.B. v. Arduini Manufacturing Corp.

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

Nat'l Labor Relations Bd. v. NHE/Freeway, Inc.

National Labor Rel. Board v. Cashman Auto Co.

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.