holding that a “wrongfully discharged employee is bound to use reasonable efforts to find work and, if he does not do so, wages he could have earned are deducted from his back pay award”
How later courts described this case
- holding that a “wrongfully discharged employee is bound to use reasonable efforts to find work and, if he does not do so, wages he could have earned are deducted from his back pay award”
- indicating the Board may examine the credibility of the employer’s explanation for the discharge in determining whether the employer had an improper motive
- where the employer did not tell the employee he was fired because of union activity, the Board must examine the circumstances to infer whether the discharge was designed to curtail union activity
- administrative board of experienced officials with adequate appreciation of complexities of subject matter may draw on own experience in factual inquiries
Written by the judges who cited it.
The opinion
Concurring and Dissenting Opinion by
Mr. Justice Cohen:
I agree with the majority that as to McKnight and Stewart the order of the court of common pleas should be reversed and the order of the Pennsylvania Labor Relations Board reinstated. Contrary to the majority, I would also reverse the order of the court of common pleas and reinstate the Board’s determination with respect to King, Graves and Myers.