Legal Opinion

Consolidated Freightways v. National Labor Relations Board, Charles Hennessey, Intervenor

Court of Appeals for the D.C. Circuit

Decided December 11, 1981No. 81-1132PublishedCited by 45 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner, Consolidated Freightways (“Consolidated”), seeks review of a decision of the National Labor Relations Board (“NLRB” or “Board”), 253 N.L.R.B. No. 137 (1981), ordering it to reinstate a former employee, Charles Hennessey, with full backpay. Because we find that the Board failed to address petitioner’s argument that Hennessey’s refusal of a prior reinstatement offer tolled petitioner’s backpay liability, we remand for further proceedings.

I. Factual Background

Consolidated discharged Hennessey on March 22, 1979,…

2Cases cited17 opinions

  1. National Labor Relations Board v. Seven-Up Bottling Co. of Miami, Inc.Supreme Court of the United States · 1953
  2. May Department Stores Co. v. National Labor Relations BoardSupreme Court of the United States · 1945
  3. Marshall Field & Co. v. National Labor Relations BoardSupreme Court of the United States · 1943
  4. National Labor Relations Board v. The Madison Courier, Inc.Court of Appeals for the D.C. Circuit · 1972
  5. National Labor Relations Board v. Blake Construction Co., Inc., and Its Alter Ego, M & S Building Supplies, Inc.Court of Appeals for the D.C. Circuit · 1981

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3Cited by45 opinions

  1. Canning v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2013
  2. Local 900, International Union of Electrical, Radio and MacHine Workers, Afl-Cio v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1984
  3. National Labor Relations Board v. Augusta Bakery CorporationCourt of Appeals for the Seventh Circuit · 1992
  4. Parsippany Hotel Management Co. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1996
  5. Alwin Manufacturing Co. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1999

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