Nat'l Labor Relations Bd. v. St George Whse., Inc, No. 10-3411 (3d Cir. 2011)Annotate this Case
In 1999 the company discharged a forklift driver and a warehouseman. An ALJ ordered reinstatement and payment for their losses, concluding that they had been subject to surveillance and discharged discriminatorily on account of their involvement in a union. The NLRB affirmed and, in 2001, the Third Circuit entered an order of enforcement. The workers did not seek reinstatement or testify concerning at a hearing on calculation of backpay. The ALJ recommended the amounts of back pay in 2002 and, in 2007, the NLRB remanded, holding that the company produced evidence of substantially equivalent jobs in the area, but that general counsel, for the employees, had not met its burden of production as to the employees' reasonable diligence to mitigate. After taking evidence on that issue, the ALJ reinstated the awards of $26,447.90 and $14,646.79. The Board affirmed. The Third Circuit entered an order to enforce the award, which was supported by substantial evidence of diligence in searching for interim employment.