United States DC Circuit

Employer's voluntary offer to reinstate employees previously ordered by the NLRB to be reinstated does not toll the employees' right to backpay where substantial evidence supports a finding that the offer is not firm, clear, and unconditional.

Appellate Information

• Argued 03/13/2001
• Decided 04/27/2001
• Published 04/27/2001

Judges

• Before:  SENTELLE, TATEL and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Fred S. Sommer argued the cause and filed the briefs for petitioner.  James E. McCollum, Jr. entered an appearance., James E. McCollum, Jr. was on the brief for intervenors Fidel Perez, et al.


• For Appellees:
  
• Ruth E. Burdick, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Leonard R. Page, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Margaret A. Gaines, Supervisory Attorney.