Opinion

National Labor Relations Board v. Brotherhood of Teamsters & Auto Truck Drivers, Local 70

  • 525 F.2d 333
Court
Court of Appeals for the Ninth Circuit
Filed
Oct 23, 1975
Status
Published
Author
Goodwin
On the bench
Choy, Goodwin, Real
Cited by
1 cases
Authority
More cited than 52.3%

The opinion

OPINION

Before CHOY and GOODWIN, Circuit Judges, and REAL, * District Judge.

GOODWIN, Circuit Judge:

In 1973, this court ordered the enforcement of an order of the National Labor Relations Board which required the union to restore to James Reliford the wages he had lost by reason of his discharge at the union’s request. NLRB v. Teamsters Local 70, 490 F.2d 87 (9th Cir. 1973). The present proceeding is the Board’s petition for the enforcement of its Supplemental Order fixing the amount of the back pay to be paid by the union to Reliford. 212 N.L.R.B. No. 108, 87 L.R.R.M. 1757 (July 31, 1974).

Our review of the record convinces us that the Board’s findings are supported by substantial evidence. See Universal Camera Corp. v. NLRB, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951).

The union has not sustained its burden in attempting to show that Reliford willfully incurred a loss of earnings during the period following his discharge by failing to make a reasonable effort to find interim employment. See NLRB v. Ohio Hoist Mfg. Co., 496 F.2d 14 (6th Cir. 1974).

Enforcement of the Board’s Supplemental Order is granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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