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Hoffman Plastic Compounds, Inc. Vs. Nlrb
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- US Supreme Court
- Mar 27, 2002
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U.S. 137 (2002) October Term, 2001 Syllabus Hoffman Plastic Compounds, Inc. V. NationalSearch
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Based on this testimony, the ALJ found that the Board was precluded from awarding Castro relief by Sure-Tan, Inc. v. NLRBSearch
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found guilty of serious illegal conduct in connection with their employment. See, e. g., Southern S. S. Co. v. NLRBSearch
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U. S., at 903. This case is controlled by the Southern Steamship line of cases. ABF Freight System, Inc. v. NLRBSearch
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made combating the employment of illegal aliens in the United States central to the policy of immigration law. INS v. NationalSearch
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Ann Elizabeth Reesman and Daniel V. YagerSearch
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Bill Lockyer of California, Earl I. Anzai of Hawaii, Thomas F. Reilly of Massachusetts, Darrell V. McGrawSearch
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the Board precluded from awarding Castro backpay or reinstatement as such relief would be contrary to Sure-Tan, Inc. v. NLRBSearch
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Board's discretion to select and fashion remedies for violations of the NLRA, though generally broad, see, e. g., NLRB v. Seven-UpSearch
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that illegal workers could collect backpay under the NLRA), and Local 512, Warehouse and Office Workers' Union v. NLRBSearch
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F.2d 705 , 719-720 (CA9 1986) (same), with Del Rey Tortilleria, Inc. v. NLRBSearch
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Inc., 274 N. L. R. B. 1268, 1269 (1985) (illegal workers could not be awarded backpay in light of Sure-Tan, Inc. v. NLRBSearch
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that illegal workers could be awarded backpay notwithstanding IRCA). 143 not unlimited, see, e. g., NLRB v. FansteelSearch
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Southern S. S. Co. v. NLRBSearch
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NLRB v. BildiscoSearch
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rejected claims that federal antitrust policy should defer to the NLRA, Connell Constr. Co. v. PlumbersSearch
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the Board from selecting remedies pursuant to its own interpretation of the Interstate Commerce Act, Carpenters v. NLRBSearch
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with the employment of illegal aliens. 467 U. S., at 892 (quoting De Canas v. BicaSearch
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Id., at 904. The Board cites our decision in ABF Freight System, Inc. v. NLRBSearch
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id., at 322, n. 7, such as threatening to kill a supervisor, ibid. (citing Precision Window Mfg. v. NLRBSearch
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F.2d 1105 , 1110 (CA8 1992)), or stealing from an employer, 510 U. S., at 322, n. 7 (citing NLRB v. CommonwealthSearch
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Burlington Truck Lines, Inc. v. UnitedSearch
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cannot claim backpay. See Del Rey Tortilleria, Inc. v. NLRBSearch
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INS v. NationalSearch
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See Brief for Respondent 7-8 (citing A. P. R. A. Fuel Oil Buyers Group, Inc., 320 N. L. R. B., at 416). Cf. INS v. NationalSearch
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mitigate damages, a duty our cases require, see Sure- rather slender reed, e. g., Bank One Chicago, N. A. v. MidwestSearch
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with IRCA. Post, at 161 (dissenting opinion). But such deference would be contrary to Southern S. S. Co. v. NLRBSearch
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where the Government told us that the Board's remedy was entirely consistent with the federal maritime laws, and NLRB v. BildiscoSearch
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where the Government told us that the Board's remedy was entirely consistent with the INA. See also Carpenters v. NLRBSearch
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L. R. B., at 100101. Hoffman will be subject to contempt proceedings should it fail to comply with these orders. NLRB v. WarrenSearch
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It is so ordered. 6 Because the Board is precluded from imposing punitive remedies, Re public Steel Corp. v. NLRBSearch
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United States at all, might constitute a prohibited punitive remedy against an employer. See Del Rey Tortilleria, Inc. v. NLRBSearch
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NLRB v. TransportationSearch
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that the Board has especially broad discretion in choosing an appropriate remedy for addressing such violations. NLRB v. GisselSearch
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those individuals who have suffered harm''') (quoting Local 512, Warehouse and Office Workers Union v. NLRBSearch
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cf. Golden State Bottling Co. v. NLRBSearch
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cf. also EEOC v. WaffleSearch
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Patel v. QualitySearch
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Peterson v. NemeSearch
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Arteaga v. LiterskiSearch
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NLRB v. ApolloSearch
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Neither does precedent help the Court. Indeed, in ABF Freight System, Inc. v. NLRBSearch
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justified. See supra, at 155-157. At the same time, the two earlier cases upon which the Court relies, NLRB v. FansteelSearch
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Metallurgical Corp., 306 U. S. 240 (1939), and Southern S. S. Co. v. NLRBSearch
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unjustifiable discharge), the circumstances present here. The Court also refers to the statement in Sure-Tan, Inc. v. NLRBSearch
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