Brotherhood of Railroad Signalmen v. Chicago, Milwaukee, St. Paul and Pacific Railroad Company

STEVENS, Circuit Judge.

Defendant appeals from a judgment enforcing an award of the National Railroad Adjustment Board. The award is for $19,366.01, the full amount the claimant would have earned between November 30, 1962, and March 14,1966, in work which the carrier wrongfully permitted a junior signalman to perform. Since the claimant had earned $15,447.00 in other work prior to his reinstatement, the carrier asserts a right to mitigation. More precisely, it contends that the case should be remanded to the Board for a hearing on the mitigation issue.

The award was entered on February 18,…