311 U.S. 7 (1940) Cited 231 times 3 Legal Analyses
In Republic Steel, supra, the Court refused to enforce an order requiring the employer to pay the full amount of back pay to an employee who had been paid to work for the Work Projects Administration in the meantime.
Holding the Railroad Commission's error harmless "in the absence of any showing of . . . prejudice" by the petitioners who made "[n]o contention . . . that the information was erroneous or was misunderstood by the Commission, and no contention . . . that the Company could have disproved it or explained away its effect for the purpose for which the Commission used it"
In Jeffery-DeWitt Insulator Co. v. NLRB, 4 Cir., 91 F.2d 134, 139-140, 112 A.L.R. 948 (Parker, J.), there was bargaining followed by a strike resulting in a closing of the plant.