Reversion to individualism: The pay-back doctrines of the NLRB.
In interpreting the provision of the Wagner and Taft-Hartley Acts that permits the National Labor Relations Board to require that an employer reimburse a discriminatorily discharged employee for lost wages, the courts have embraced a doctrine of individualism, according to the author of this article, thus impeding the development of collective bargaining. In the absence of dear indication of Congressional intent, it should be assumed, he contends, that the purpose of the back-pay remedy is to discourage employer interference with group, action, i.e. collective bargaining. The courts, however, have pursued a policy on back pay based on an individualistic, common-law interpretation which disregards, rather than fosters, the interest of the worker group. (Author's abstract courtesy EBSCO.)
Year of publication: |
1954
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Authors: | Farber, David J. |
Published in: |
Industrial and Labor Relations Review. - School of Industrial & Labor Relations, ISSN 0019-7939. - Vol. 7.1954, 2, p. 262-277
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Publisher: |
School of Industrial & Labor Relations |
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