Payless

18 Cited authorities

Phelps Dodge Corp. v. Labor Board
313 U.S. 177 (1941) Cited 874 times
Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”
Story Parchment Co. v. Paterson Co.
282 U.S. 555 (1931) Cited 1,111 times
Holding that although damages must be "the certain result of the wrong," they may be "uncertain in respect of their amount."
Carey v. Westinghouse Corp.
375 U.S. 261 (1964) Cited 367 times
Holding that Section 301 gives a federal court jurisdiction over a suit to enforce an arbitration clause in a collective bargaining agreement even if the case is "truly a representation case" that could also be heard by the NLRB under Section 9 of the NLRA
Virginia Electric Co. v. Board
319 U.S. 533 (1943) Cited 328 times 1 Legal Analyses
Emphasizing that the Board's remedial power "is not limited to the illustrative example of one type of permissible affirmative order," such as backpay, and cautioning that the "particular means by which the effects of unfair labor practices are to be expunged are matters 'for the Board not the courts to determine'" (first citing Phelps Dodge, 313 U.S. at 187, 189; then quoting Machinists, 311 U.S. at 82)
Texas N.O.R. Co. v. Ry. Clerks
281 U.S. 548 (1930) Cited 381 times
Finding provision in Railway Labor Act stating that employees' right to designate representatives without interference, influence, or coercion did not violate employer's right to freedom of association
Franks Bros. Co. v. Labor Board
321 U.S. 702 (1944) Cited 252 times 1 Legal Analyses
Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.
Republic Steel Corp. v. Labor Board
311 U.S. 7 (1940) Cited 232 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.
Amer. Foundries v. Tri-City Council
257 U.S. 184 (1921) Cited 342 times
Holding that the Clayton Act's provisions on injunctive relief applied to pending cases
Carpenters Local v. Labor Board
365 U.S. 651 (1961) Cited 84 times
Noting Board's authority is remedial, not punitive
Bus Employees v. Missouri
374 U.S. 74 (1963) Cited 62 times
Striking down state statute prohibiting peaceful strikes against public utilities

Payless

18 Cited authorities

Holding that the NLRA limits the Board's backpay authority to restoring “actual losses”

Holding that although damages must be "the certain result of the wrong," they may be "uncertain in respect of their amount."

Holding that Section 301 gives a federal court jurisdiction over a suit to enforce an arbitration clause in a collective bargaining agreement even if the case is "truly a representation case" that could also be heard by the NLRB under Section 9 of the NLRA

Finding provision in Railway Labor Act stating that employees' right to designate representatives without interference, influence, or coercion did not violate employer's right to freedom of association

Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.

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 that the Clayton Act's provisions on injunctive relief applied to pending cases

Noting Board's authority is remedial, not punitive

Striking down state statute prohibiting peaceful strikes against public utilities