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Labor Board v. Seven Up Bottling Co., 344 U.S. 344 (1953)

National Labor Relations Board v.

Seven-Up Bottling Company of Miami, Inc.

No. 217

Argued December 19, 1952

Decided January 12, 1953

344 U.S. 344


Under § 10(c) of the Labor Management Relations Act, the National Labor Relations Board ordered reinstatement of discriminatorily discharged employees of respondent, with backpay to be computed on the basis of each separate calendar quarter or portion thereof during the period from the date of discharge to the date of a proper offer of reinstatement.

Held: The Board was entitled to a decree enforcing the order. Pp. 344 U. S. 345-352.

(a) In devising a remedy for discriminatory discharge, the Board is not confined to the record of a particular proceeding. Pp. 344 U. S. 348-349.

(b) There are in this case no extraordinary circumstances permitting respondent to raise here for the first time an objection based on the seasonal nature of its business, which had not been urged before the Board or the Court of Appeals. P. 344 U. S. 350.

(c) The fact that the language of the Act was reenacted while the Board adhered to an earlier formula for computing backpay does not preclude the Board from departing from that earlier formula. Pp. 344 U. S. 350-352.

196 F.2d 424, reversed.

On the petition of the National Labor Relations Board for enforcement of an order, 92 N.L.R.B. 1622, the Court of Appeals denied enforcement of that part of the order prescribing a method for computing backpay. 196 F.2d 424. This Court granted certiorari. 344 U.S. 811. Reversed, p. 344 U. S. 352.

Page 344 U. S. 345

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