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.
Read NLRB v. John T. Jones Construction Co., Inc., No. 08-3318
Appellate InformationApplication for Enforcement and Cross-Petition for Review of an Order of the National Labor Relations Board.Submitted: April 14, 2009Filed: August 14, 2009
JudgesBefore RILEY, BENTON, and SHEPHERD, Circuit JudgesOpinion by BENTON, Circuit Judge.
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