National Labor Relations Board v. Alaska Steamship Company and American Radio Association, Afl-Cio

The matter before us is a motion of the National Labor Relations Board for the entry of a supplemental decree specifying the amount of back pay owing by the respondents in the above-entitled proceeding.

In the main case, reported at 211 F.2d 357 , we upheld the Board’s findings and decision that respondents had violated the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., by discriminately denying employment to one Underwood, and we accordingly granted a decree enforcing the Board’s order. In the course of the opinion, we observed that in our view back pay computation may not include losses accruing through a worker’s willful refusal of equivalent employment. At that time, of course, no award of back pay had as yet been made.

Following this, the Board scheduled and conducted extensive supplemental hearings for the purpose of determining the amount of Underwood’s back pay, specifically including an inquiry into the diligence of Underwood’s efforts to mitigate his loss and the question whether he willfully refused offers of equivalent employment. On the basis of this inquiry the trial examiner and the Board concluded that the amount of back pay properly awardable was…