William O. Douglas

“ To start with, the Board is allowed a wide field of discretion over awards of back pay against a company found to have committed an unfair labor practice. As the Court said in Phelps Dodge Corp. v. NLRB, 313 U.S. 177, 198, 61 S.Ct. 845, 854, 85 L.Ed. 1271:
'The remedy of back pay, it must be remembered, is entrusted to the Board's discretion; it is not mechanically compelled by the Act. ”

“ Congress registered its dissatisfaction with this restricted scope of review by stating the proper test in the Taft-Hartley Act as one of 'substantial evidence on the record considered as a whole.' 61 Stat. ”