United States Eighth Circuit

National Labor Relations Board order awarding back pay to four employees of defendant is enforced and the cross-petition for review of the back pay calculation is denied where: 1) the Board was not arbitrary or unreasonable in excluding the value of the interim fringe benefits in determining net back pay; 2) the Board was not arbitrary or unreasonable in including overtime hours worked by the comparable employees in setting back pay; and 3) defendant's various challenges to the awards of the individual employees are without merit.

Appellate Information

• Decided 08/14/2009
• Published 08/14/2009

Judges

• BENTON, Circuit Judge., Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jacob Frisch, argued, Ronald Meisburg, John E. Higgins, Jr., John H. Ferguson, Linda Dreeben, and Julie Broido, on the brief, Washington, DC, for petitioner.


• For Appellees:
  
• John Allan Simmons, argued, Donald W. Jones, on the brief, Springfield, MO, for respondent.