Upholding the Board's application of a back pay remedy different from that previously imposed in similar cases, despite no announcement of new remedial rule in rulemaking proceeding
396 U.S. 258 (1969) Cited 185 times 1 Legal Analyses
Holding that the NLRB "is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers."
319 U.S. 533 (1943) Cited 328 times 1 Legal Analyses
Emphasizing that the Board's remedial power "is not limited to the illustrative example of one type of permissible affirmative order," such as backpay, and cautioning that the "particular means by which the effects of unfair labor practices are to be expunged are matters 'for the Board not the courts to determine'" (first citing Phelps Dodge, 313 U.S. at 187, 189; then quoting Machinists, 311 U.S. at 82)
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"
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.
29 U.S.C. § 160 Cited 7,089 times 24 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB