N.L.R.B. v. Carpenters Un.

6 Citing cases

  1. Angle v. N.L.R.B

    683 F.2d 1296 (10th Cir. 1982)   Cited 7 times
    Granting the Board's order for enforcement where employer did not present necessary "sufficient credible evidence" to support assertions that Board's calculations were wrong

    The Board has considerable discretion in selecting a method reasonably designed to approximate the amount of pay a wrongfully discharged employee would have received absent his employer's wrongful conduct. See NLRB v. Carpenter's Union, Local 180, 433 F.2d 934 (9th Cir. 1970). Mr. Angle did not present sufficient credible evidence to support his assertions that Mr. Rodgers concealed amounts of his interim income by deliberately destroying records, failing to report income and deductions correctly on income tax returns, and maintaining poor and inaccurate records, nor has he shown why Mr. Rodgers' backpay award should be reduced because of his discharges by interim employers or his failure at certain business ventures.

  2. Cable Car Advertisers, Inc. v. N.L.R.B.

    53 F. App'x 467 (9th Cir. 2002)

    Cable Car Advertisers, Inc. did not carry its burden of proving that the award to any of the plaintiffs should have been reduced. M Rests.,Inc. v. NLRB, 621 F.2d 336, 337-38 (9th Cir.1980); NLRB v. Carpenters Union, 433 F.2d 934, 935 (1970). In consequence, Cable Car's petition for review is DISMISSED and the Board's cross-petition for summary enforcement of its backpay order is GRANTED.

  3. N.L.R.B. v. Dodson's Market, Inc.

    553 F.2d 617 (9th Cir. 1977)   Cited 6 times

    Although Dodson's introduced testimony that less work was available after the summer months, it did not show how much less was available or how that would have affected Wortley. The Board has wide discretion in selecting an appropriate back pay formula, and once it has done so, the burden is on the employer to produce evidence to mitigate liability. NLRB v. Carpenters Union, Local 180, 9 Cir., 1970, 433 F.2d 934, 935. Because Wortley had worked full time for four months before Dodson's unlawfully reduced her hours, the Board's selection of a 40-hour work week as a basis for her back pay computation was reasonable. II. Gerber's Back Pay Award.

  4. N.L.R.B. v. Int. Ass'n of B., S. R. I. Wkrs

    532 F.2d 1241 (9th Cir. 1976)   Cited 4 times

    In making this determination, the Board acts with broad discretion. In NLRB v. Carpenters Union, Local 180, 433 F.2d 934 (9th Cir. 1970), it was said at 935: The Board is vested with broad discretion in selecting a backpay formula appropriate to the circumstances of a particular case.

  5. N.L.R.B. v. Superior Roofing Company

    460 F.2d 1240 (9th Cir. 1972)   Cited 4 times

    Phelps Dodge Corp. v. NLRB, 1941, 313 U.S. 177, 198-199, 61 S.Ct. 845, 85 L.Ed. 1271; NLRB v. Seven-up Bottling Co., 1953, 344 U.S. 344, 346-347, 73 S.Ct. 287, 97 L.Ed. 377. See NLRB v. Carpenters Union, 9 Cir., 1970, 433 F.2d 934, 935. Necessarily in many cases the award can be only a close approximation. Although the employer did not have a formal seniority system, a seniority formula has been seen as a "rationally permissible device" in fashioning a backpay remedy.

  6. Butte View Farms v. Agric. Labor Relations Bd.

    95 Cal.App.3d 961 (Cal. Ct. App. 1979)   Cited 21 times

    In any case, there may be several equally valid methods of computation, each yielding a somewhat different result. . . . The fact that the Board necessarily chose to proceed by one method rather than another hardly makes out a case of abuse of discretion." ( Bagel Bakers Council of Greater N.Y. v. N.L.R.B. (2d Cir. 1977) 555 F.2d 304, 305. (In accord see National Labor Relations Board v. Carpenters Union, Local 180 (9th Cir. 1970) 433 F.2d 934, 935; N.L.R.B. v. Brown Root, Inc. (8th Cir. 1963) 311 F.2d 447, 452.)