National Labor Relations Board v. Gullett Gin Co. (340 U.S. 361)
U.S. Supreme Court · decided January 15, 1951 · Supreme Court Database (Spaeth)
- Citation
- 340 U.S. 361 · 71 S. Ct. 337
- Decided
- January 15, 1951
- Term
- October Term 1950
- Vote
- 8–0
- Majority author
- Justice Minton
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. The question presented here is whether the National Labor Relations Board must deduct from back-pay awards to discriminatorily discharged employees sums paid to them as unemployment compensation by a state agency. The Board found that respondent Gullett Gin Company had discharged certain employees in violation of the National Labor Relations Act, as amended, 61 Stat. 136, 29 U. S. C. (Supp. Ill) §§ 141 et seg., and ordered their reinstatement with back pay. Although the order provided for deduction of the employees’ net earnings and willful losses of wages, if any, the Board refused to deduct certain payments made by the State of Louisiana as unemployment compensation. The Court of Appeals for the Fifth Circuit held such payments must be deducted, and modified the order accordingly. 179 F. 2d 499. We granted certiorari because of the importance of the question presented in the administration of the Act. 340 U. S. 806. In issuing the challenged order the Board acted under § 10 (c) of the Act, 61 Stat. 147, 29 U. S. C. (Supp. Ill) § 160 (c), which provides that upon finding an unfair labor practice, the Board shall issue a cease and desist order requiring the guilty party “to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this Act . . . .” To…
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