No. 80-7085. Argued and Submitted December 4, 1980. Decided February 23, 1981. Richard S. Zuckerman, Washington, D.C., for petitioner. David G. Moore, Riverside, Cal., for respondents. Petition for review from an Order of the National Labor Relations Board. Before CHAMBERS and GOODWIN, Circuit Judges, and MURPHY, District Judge. Honorable Thomas F. Murphy, United States District Judge, Southern District of New York, sitting by designation. OPINION MURPHY, District Judge: Prior to this backpay proceeding