Mastro Plastics Corp.

22 Cited authorities

Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 871 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Mastro Plastics Corp. v. Labor Board
350 U.S. 270 (1956) Cited 403 times 1 Legal Analyses
Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"
Labor Board v. Seven-Up Co.
344 U.S. 344 (1953) Cited 368 times
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
Campbell v. United States
365 U.S. 85 (1961) Cited 245 times
Finding that typed interview report prepared by FBI agent based on notes taken during a pretrial meeting with a government witness may qualify as Jencks Act statements under subsection (e), if it was adopted by the witness, or subsection (e), if the report closely followed notes that included verbatim statements
United States v. N. Y., N. H. H.R. Co.
355 U.S. 253 (1957) Cited 96 times
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT. No. 45. Argued November 20, 1957. Decided December 16, 1957. Pursuant to § 322 of the Transportation Act of 1940, the Government paid upon presentation and prior to audit bills presented by respondent railroad for transporting government property in 1944. On post-audit, the Government found that it had been overcharged and, upon refusal of respondent to refund the amount of the overcharge, deducted the amount from a bill for
Inland Steel Co. v. National Labor Rel. Board
170 F.2d 247 (7th Cir. 1949) Cited 156 times 2 Legal Analyses
Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"
W.W. Cross Co. v. National Labor Rel. Board
174 F.2d 875 (1st Cir. 1949) Cited 52 times
Holding that " 'wages' " in the NLRA "embraces within its meaning direct and immediate economic benefits flowing from the employment relationship covers a group insurance program"
National Labor Rel. Board v. J.H. Allison Co.
165 F.2d 766 (6th Cir. 1948) Cited 44 times
No. 10411. January 26, 1948. On Petition for Enforcement of an Order of the National Labor Relations Board. Petition by National Labor Relations Board, for enforcement of its order directing J.H. Allison Co. to cease and desist from refusing to bargain collectively concerning so-called "merit wage increases" with a labor union, as exclusive representative and bargaining agent of its production workers and to grant no merit wage increases to such employees without prior consultation with the union
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.
N.L.R.B. v. Armstrong Tire, Tire Test
263 F.2d 680 (5th Cir. 1959) Cited 14 times
In Armstrong Tire, the Fifth Circuit held that an employee's self-employment was not sufficient bona-fide to satisfy his duty to mitigate, and the Fifth Circuit reiterated that a discharged employee must exercise reasonable diligence to seek other employment.

Mastro Plastics Corp.

22 Cited authorities

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Holding that collective-bargaining agreement "must be read as a whole and in light of the law relating to it when it was made"

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

Accepting the Board's conclusion "that the term `wages' . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment relationship"

Holding that " 'wages' " in the NLRA "embraces within its meaning direct and immediate economic benefits flowing from the employment relationship covers a group insurance program"

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.

In Armstrong Tire, the Fifth Circuit held that an employee's self-employment was not sufficient bona-fide to satisfy his duty to mitigate, and the Fifth Circuit reiterated that a discharged employee must exercise reasonable diligence to seek other employment.