National Labor Relations Board v. International Ass'n of Bridge, Structural & Ornamental Ironworkers, Local 480

Background

This dispute involves Local 480, a union hiring hall in northern New Jersey, and the National Labor Relations Board. In 1978 the Board found the union discriminated against nonmembers and ordered backpay to the five charging parties and similarly situated workers. The Court of Appeals enforced that order in 1979. The Board took years to prepare a backpay specification because of delays copying records, a computer error that required reanalysis, consolidation with related cases, and difficulty getting pension-fund earnings without a subpoena. The Board filed a projected specification on December 21, 1982, later revised it after obtaining actual records, reducing the union’s liability by about one-fourth. The union asked the appeals court to limit relief, and in July 1983 the court modified the judgment to award backpay only to the five named charging parties based on the December 1982 specification.

Reasoning

The core question was whether an appeals court may narrow or cut off NLRB backpay simply because the Board delayed specifying amounts. The Court relied on precedent that forbids punishing employees for the Board’s delay. It concluded the appeals court’s modification appeared to rest on that delay, so it reversed and remanded. The Court did not resolve other arguments about impossibility or alleged punitive effects.

Real world impact

The decision protects workers from losing backpay because the NLRB took a long time to calculate amounts. It preserves the Board’s ability to prepare and amend backpay specifications and limits appeals courts from rewriting remedies for administrative delay. The case is returned for the Board and courts to continue supplemental proceedings.

Dissents or concurrances

Justice Marshall dissented from deciding the case without full briefing or oral argument.