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.
Concluding that § 1132(g) and (B) "apply only if there were unpaid contributions on the date of the award" because § 1132(g) "provides that upon `a judgment in favor of the plan' the court shall award the plan ` the unpaid contributions' and `interest on the unpaid contributions.'"
Granting enforcement of an NLRB order to an employer to cease and desist from unfair labor practices, including failing to make certain contractual payments after a CBA's expiration, and noting that "[a]n employer may not make changes in the terms and conditions of employment reflected in an expired [CBA; i]nstead, the employer must maintain the status quo after the expiration of a [CBA] until a new agreement is reached or until the parties bargain in good faith to impasse"
Upholding award of attorneys' fees where employer argued that it did not contest its obligation to pay and liquidated damages provision was void as penalty