National Labor Relations Board v. Community Health Services, Inc.

McHUGH, Circuit Judge.

I. INTRODUCTION

This challenge to the National Labor Relations Board’s (the Board) petition for enforcement questions whether the Board may disregard interim earnings when calculating backpay awards for employees whose labor injury falls short of unlawful termination. Respondent Mimbres Memorial Hospital and Nursing Home (the Hospital) argues the Board failed to provide adequate support for its decision to disregard interim earnings and therefore requests that we reverse the Board’s back-pay calculation. We defer to the Board’s policy-based rationale in support of its…