United States Eighth Circuit

NLRB back-pay award, which assumed discharged workers would have worked full-time for defendants until present day, was not supported by substantial evidence, as there is no evidence that any non-supervisory employee ever worked for as long as the now 400-plus weeks the Board's order assumes.

Appellate Information

• Decided 06/28/2004
• Published 06/28/2004

Judges

• BOWMAN, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, BOWMAN, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David J. Lauth of Minneapolis, MN (Matthew E. Klein, Minneapolis, MN, on the brief), for appellant McKenzie Engineering Co.


• For Appellees:
  
• Usha Dheenan, argued, National Labor Relations Board, Washington, D.C, for respondent.