|
|
Republic Steel Corp. v. Labor Board, 311 U.S. 7 (1940)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Republic Steel Corp. v. Labor Board, 311 U.S. 7 (1940)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 311 U.S. 5, click here.
Republic Steel Corporation v. National Labor Relations Board No. 14 Argued October 17, 1940 Decided November 12, 1940 311 U.S. 7
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
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. 9, 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. 10-11.
The reasons assigned by the Board for the requirement in question -- reasons which relate to the nature and purpose of work 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.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Republic Steel Corp. v. Labor Board, 311 U.S. 7 (1940) in 311 U.S. 7 311 U.S. 8. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=FPUJCPKTB7S82QW.
MLA: U.S. Supreme Court. "Syllabus." Republic Steel Corp. v. Labor Board, 311 U.S. 7 (1940), in 311 U.S. 7, page 311 U.S. 8. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FPUJCPKTB7S82QW.
Harvard: U.S. Supreme Court, 'Syllabus' in Republic Steel Corp. v. Labor Board, 311 U.S. 7 (1940). cited in 1940, 311 U.S. 7, pp.311 U.S. 8. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=FPUJCPKTB7S82QW.
|