Tenth Circuit: NLRB v. Community Health Services

Labor

Deference to NRLB award of back pay without offset for interim wage where the employee was adversely affected, but employment didn't end, so there was no explicit duty to mitigate.

Dissent: No basis in statute for the purposes outlined by the adjudication.

https://www.ca10.uscourts.gov/opinions/14/14-9614.pdf