Decisions of Courts

December 1950
Labor Law Journal;Dec50, Vol. 1 Issue 15, p1195
Academic Journal
The article focuses on developments in the U.S. labor relations field. Back pay liability on the part of unions was incorporated into the NLRA for the first time by the Taft-Hartley amendments. Employers, however, had been liable under the Wagner Act for back pay to in-lawfully discharged employees and their liability still continues under the Taft-Hartley Act. In cases of unlawful discharge, the NLRB has, ever since Taft-Hartley went into effect, been faced with the problem of fixing back pay liability in cases where both employer and union are responsible for the discharge. The Board met this problem by making both employer and union jointly and severally responsible for back pay, so that the discharged employee could collect the entire sum from either party or could collect part of the amount from the employer and part from the union. for the unlawful discharge. A majority of the Board, however, thought that assessment of back pay against the union alone would encourage employers to buy peace by acceding to union demands for unlawful discharges. The disagreement among Board members is, nevertheless, significant, in-as-much as minority opinions sometimes fore-shadow a change or refinement of Board policy.


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