LABOR LAW - BACK PAY - REQUIREMENT OF DEDUCTION FOR REIMBURSEMENT OF GOVERNMENTAL RELIEF AGENCIES

Martin, Rex B.

Journal: Michigan Law Review

Volume: 39

First Page: 328

Year: 1940

Bluebook Citation: 39 MICH. L. REV. 328 (1940)

Author: Rex B. Martin: all 9 publications


Abstract

Having found that the petitioner, by discharging employees for union activities, had engaged in an unfair labor practice, the National Labor Relations Board ordered the employees' reinstatement with back pay, less monies received during the period of discharge for work performed upon federal, state, county, municipal or other work-relief projects, and the payment of this amount received to the appropriate fiscal agencies of the government or governments which. supplied the funds for the work-relief projects. The Circuit Court of Appeals for the Third Circuit directed enforcement of the board's order. On petition for a writ of certiorari to that court, held that the board's order should be enforced with the reimbursement provisions eliminated. Justices Black and Douglas dissented.

Republic Steel Corporation v. National Labor Relations Board, (U. S. 1940) 9 U. S. LAW WEEK 4019, modifying (C. C. A. 3d, 1939) 107 F. (2d) 472.

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