Ronald Hackenberger D/B/A Ron's Trucking Service v. National Labor Relations Board

Sixth Circuit

Ronald Hackenberger D/B/A Ron's Trucking Service v. National Labor Relations Board

628 F.2d 966, 106 L.R.R.M. (BNA) 2241, 1980 U.S. App. LEXIS 14741

CourtCourt of Appeals for the Sixth Circuit

DecidedAugust 20, 1980

Docket78-1334

StatusPublished

This text of 628 F.2d 966 (Ronald Hackenberger D/B/A Ron's Trucking Service v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ronald Hackenberger D/B/A Ron's Trucking Service v. National Labor Relations Board, 628 F.2d 966, 106 L.R.R.M. (BNA) 2241, 1980 U.S. App. LEXIS 14741 (6th Cir. 1980).

Pincite

Opinion

ORDER

The petitioner, Ronald Hackenberger d/b/a Ron’s Trucking Service has petitioned for a review of a supplemental decision and order of the National Labor Relations Board, reported at 236 NLRB No. 117, in which back pay was allowed a discharged employee. The NLRB has filed a cross-application for enforcement.

*967 Upon consideration of the record on appeal together with the briefs and oral arguments of counsel, the court concludes that the petitioner failed to establish that the Board had improperly computed the back pay of the discharged employee. The petitioner contends that he was prevented from showing that the discharged employee failed to act reasonably to mitigate his damages because the Board denied his request for information in its possession relating to the employee’s interim employment. The court notes that when information concerning interim employment was provided at or near the beginning of the supplemental back pay proceedings, counsel for petitioner did not request a continuance or adjournment of the hearing in order to familiarize himself with the material and undertake any further preparation related thereto. Under these circumstances, we conclude that the petitioner was not subjected to unfair or unreasonable requirements.

The supplemental decision and order of the Board is enforced.

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ORDER

The petitioner, Ronald Hackenberger d/b/a Ron’s Trucking Service has petitioned for a review of a supplemental decision and order of the National Labor Relations Board, reported at 236 NLRB No. 117, in which back pay was allowed a discharged employee. The NLRB has filed a cross-application for enforcement.

*967 Upon consideration of the record on appeal together with the briefs and oral arguments of counsel, the court concludes that the petitioner failed to establish that the Board had improperly computed the back pay of the discharged employee. The petitioner contends that he was prevented from showing that the discharged employee failed to act reasonably to mitigate his damages because the Board denied his request for information in its possession relating to the employee’s interim employment. The court notes that when information concerning interim employment was provided at or near the beginning of the supplemental back pay proceedings, counsel for petitioner did not request a continuance or adjournment of the hearing in order to familiarize himself with the material and undertake any further preparation related thereto. Under these circumstances, we conclude that the petitioner was not subjected to unfair or unreasonable requirements.

The supplemental decision and order of the Board is enforced.

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Bluebook (online)

628 F.2d 966, 106 L.R.R.M. (BNA) 2241, 1980 U.S. App. LEXIS 14741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronald-hackenberger-dba-rons-trucking-service-v-national-labor-ca6-1980.