explaining that, though broad, the NLRA’s grant of remedial power “does not authorize punitive measures”
How later courts described this case
- explaining that, though broad, the NLRA’s grant of remedial power “does not authorize punitive measures”
- Act does not authorize punitive measures, but make-whole remedy that compensates employees " 'for losses suffered on account of an unfair labor practice is part of the vindication of the public policy which the Board enforces' "
- ‘‘[T]he [NLRB] may proscribe conduct which is an unfair labor practice even though it is also a breach of contract remediable as such by arbitration and in the courts. . . . It may also, if necessary to adju- dicate an unfair labor practice, interpret and give effect to the terms of a collective bargaining contract.’’ (Cita- tion omitted.)
- "An arbiter is not of course free to dispense his own brand of industrial justice but is admonished to reach a fair solution of a problem within the letter and spirit of the collective bargaining agreement. The past practices of the parties, as well as the contractual provisions themselves, are the guidelines."
Written by the judges who cited it.
The opinion
Mr. Justice Black
concurs in the reversal of the Court of Appeals’ judgment, but he would direct that the cause be remanded to the Board for it to determine whether to submit the case to arbitration in accord with the contract.