opinion: NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CARPENTERS UNION, LOCAL 180, Respondent.
  No. 22296.
  United States Court of Appeals, Ninth Circuit.
  Oct. 22, 1970.
  Arnold L. Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallett-Prevost, Asst. Gen. Counsel, Paul J. Spielberg and Avrum M. Goldberg, Attys., N.L.R.B., Washington, D. C., Roy O. Hoffman, Director, N.L.R.B., San Francisco, Cal., for petitioner.
  Victor J. Van Bourg, of Levy and Van Bourg, San Francisco, Cal., for respondent.
  Before BARNES, HAMLEY and HUFSTEDLER, Circuit Judges.
  PER CURIAM:
  This case is before us upon petition of the National Labor Relations Board to enforce its Supplemental Decision and Order directing respondent Carpenters Union, Local 180, to pay $1,540 to Paul Allen. The award grows out of a back-pay specification and hearing following the entry of a consent decree in this court directing respondent to make Paul Allen whole for wages lost as a result of the union’s unfair labor practice. The Board’s supplemental decision is reported at 175 N.L.R.B. No. 150.
  The consent decree established that, on August 31, 1965, respondent wrongfully dispatched one Arthur Cook to a construction project in place of Paul Allen. At the backpay hearing, the General Counsel produced evidence showing that Cook became the senior millwright on the project, and that there was at least one millwright on the project until June 3, 1966. The evidence also indicated that Cook worked on the project through October 8, 1965. No evidence was introduced, however, to show why Cook left work or to show that the contractor did not follow a seniority system in determining layoffs.
  The Board held that Paul Allen was entitled to an award based upon the pay he would have received from August 31, 1965, to June 3, 1966, the date the last millwright left the project. The union contends that the award should have been based solely upon the time Cook remained on the project.
  The Board is vested with broad discretion in selecting a backpay formula appropriate to the circumstances of a particular ease. N.L.R.B. v. Seven-Up Bottling Co., 344 U.S. 344, 346-348, 73 S.Ct. 287, 97 L.Ed. 377 (1953). Of necessity, the award in many instances may only be a close approximation. “In such circumstances the Board may use as close approximations as possible, and may adopt formulas reasonably designed to produce such approximations.” N.L.R.B. v. Brown & Root, Inc., 311 F.2d 447, 452 (8th Cir. 1963).
  Here the award, predicated upon the fact that Allen would have been the senior millwright on the project, was not unreasonable because, absent a showing that the contractor did not follow a seniority system in ordering layoffs, he would have been entitled to work until all millwrights were laid off. See Buncher v. N.L.R.B., 405 F.2d 787, 789-790 (3rd Cir. 1969). Having applied a reasonable formula, the burden was on the respondent union to come forward with evidence to mitigate that liability or to show that the employee in question would have been laid off for economic reasons. See, e. g., Snow v. N.L.R.B., 308 F.2d 687, 695 (9th Cir. 1962); Buncher v. N.L.R.B., supra., 405 F.2d at 789; N.L.R.B. v. Brown & Root, Inc., supra, 311 F.2d at 454.
  Here no such evidence was presented.
  The Board’s order will be enforced.
  . The only -witness called with a knowledge of the contractor’s practices was the contractor’s bookkeeper. When asked if she knew why Cook had left work, she stated that she did not know if he had been fired, quit, or was laid off.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama