National Labor Relations Board v. Lozano Enterprises

The Lozano Enterprises, publisher of the Spanish newspaper, La Opinion, in Los Angeles, petitions this court to set aside a back pay order of the National Labor Relations Board awarding to Jose Villasenor, a night-shift linotype operator for La Opinion, the total sum of $11,-980.90 in back pay plus six per cent interest until paid. The back pay order resulted after a hearing as to the amount necessary “to make the employee whole” following unlawful discharge for union activity.

Opposition to the total back pay allotted by the order of the National Labor Relations Board is predicated upon four basic contentions:

1. Villasenor failed to exercise due diligence in seeking other employment thereby decreasing the total amount due him from his employer.

2. The total amount due from the employer should be diminished by the total amount of money received by him from the Union during his unemployment.

3. The back pay award should be reduced during the time of his unemployment when he was attending school in an attempt to learn the English language.

4. The back pay award should be reduced by the amount of wages he would have received from the Forum Cafeteria had he not quit his…