LABOR LAW - POWER OF THE NLRB TO ORDER EMPLOYER TO REIMBURSE EMPLOYEES FOR SUMS DEDUCTED FROM THEIR WAGES TO SUPPORT AN EMPLOYER-DOMINATED UNION

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Defendant was engaged in a business affecting interstate commerce and was found by the National Labor Relations Board to have dominated and interfered with the administration of an employees' association. The board ordered defendant to reimburse its employees for sums deducted from their wages for association dues and assessments since the effective date of the National Labor Relations Act. The board petitioned to enforce the order. Held, a reimbursement of the money paid to the association by means of the checkoff was not authorized by the statute, and would violate the fundamental principles of equity. The dissenting judge contended that the order to reimburse for wrongful checkoffs was analogous to the order to reinstate an employee with back pay, and that the order was justified as an "affirmative action" by the board which would effectuate the policies of the act. National Labor Relations Board v. West Kentucky Coal Co., (C. C. A. 6th, 1940) 116 F. (2d) 816.

Recommended Citation

Michigan Law Review, LABOR LAW - POWER OF THE NLRB TO ORDER EMPLOYER TO REIMBURSE EMPLOYEES FOR SUMS DEDUCTED FROM THEIR WAGES TO SUPPORT AN EMPLOYER-DOMINATED UNION, 39 Mich. L. Rev. 1434 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss8/17