M Restaurants, Incorporated D/B/A the Mandarin v. National Labor Relations Board

M Restaurants, Incorporated petitions this court for review of a supplemental order of the National Labor Relations Board awarding back pay to Billie Meng, an employee unlawfully discharged by M Restaurants. The Board cross-applies for enforcement of the order. M Restaurants contends that the Board should have reduced the back pay award on the grounds that Meng left the labor market and did not take reasonable steps to find comparable alternative employment. We enforce the Board’s order.

I

The Board found that M Restaurants discharged Meng from his position as a waiter because of Meng’s union activities, in violation of section 8(a)(1) & (3) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) & (3). The Board ordered M Restaurants to offer reinstatement to Meng and to compensate him for lost earnings. M Restaurants entered into a stipulation with the Board that the Board’s remedy could be challenged in subsequent proceedings, but that the merits of the Board’s decision concerning the unfair labor practice would not be relitigated.

A hearing was held before the Administrative Law Judge (“ALJ”) to allow M Restaurants to contest the amount of back pay liability. The…