Dupuy v. NLRB, No. 14-1001 (D.C. Cir. 2015)
Annotate this CaseAfter a federal court of appeals entered judgment enforcing petitioner’s right to reinstatement and backpay with interest for his unlawful termination, the Board entered into a settlement agreement with petitioner's former employer under which petitioner's backpay would be paid by monthly installments over eleven years with no interest accruing. The Board also ruled that reinstatement to a position with reduced pay, benefits, and job security satisfied the court’s judgment because it paralleled what current employees received. The court concluded that the Board's decision departs without any reasoned explanation from longstanding Board precedent constraining the Board’s ability to alter the terms of a judicially enforced Order, and it relies on a finding of substantial equivalence between petitioner’s old job and his reinstatement offer that is not supported by substantial evidence. Accordingly, the court granted the petition in part, vacated the Board's ruling, and remanded.
The court issued a subsequent related opinion or order on August 7, 2015.
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