Charles Evans Hughes

“ Whether the Act has been violated by the employer-whether there has been an unfair labor practice-is a matter for the Board to determine upon evidence. When it does so determine the Board can require the employer to disestablish organizations created in violation of the Act; it can direct the employer to bargain with those who appear to be the chosen representatives of the employees and it can require that such employees as have been discharged in violation of the Act be reinstated with back pay. ”

“ We believe, as did the Board and the court below, that it may well be said that the policies of the Act will be effectuated by denying to an offending employer the opportunity of shifting to government relief agencies the burden of supporting his wrongfully discharged employees. The knowledge that he may be called upon to pay out the wages his employees would have earned but for their wrongful discharge, regardless of any assistance government may have rendered them during their unemployment, might well be a factor in inducing an employer to comply with the Act. ”

“ That discretion is narrowly limited, by the fact that as to 'back pay' the Board can in no instance award any greater sum than 'back pay' for the period in which the employee was absent from his employer's services by reason of his employer's violation of the law. ”