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U.S. Supreme Court

Republic Steel Corp. v. Labor Board, 311 U.S. 7 (1940)

Republic Steel Corporation v. National Labor Relations Board

No. 14

Argued October 17, 1940

Decided November 12, 1940

311 U.S. 7


1. The National Labor Relations Board, having ordered the reinstatement with back pay of employees found to have been discharged or denied reinstatement in violation of the National Labor Relations Act, and having directed the employer to deduct from the back pay such amounts as were received by the employees from governmental agencies for services performed meanwhile on work relief projects, was without authority further to require the employer to pay over to the governmental agencies the amounts so deducted. Pp. 311 U. S. 9, 311 U. S. 12.

2. The National Labor Relations Act is essentially remedial. The provision of § 10(c) authorizing the Board to order "such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act" is remedial, not punitive. Affirmative action to effectuate the policies of this Act is action to achieve the remedial objectives which the Act sets forth. It is not enough to justify the Board's requirements to say that they would have the effect of deterring persons from violating the Act. Pp. 311 U. S. 10-11.

The reasons assigned by the Board for the requirement in question -- reasons which relate to the nature and purpose of work chanroblesvirtualawlibrary

Page 311 U. S. 8

relief projects and to the practice and aims of the Work Projects Administration -- indicate that its order is not directed to the appropriate effectuating of the policies of the National Labor Relations Act, but to the effectuating of a distinct and broader policy with respect to unemployment.

107 F.2d 472 modified.

Certiorari, 310 U.S. 655, to review a decree enforcing an order of the National Labor Relations Board. 9 N.L.R.B. 219.

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