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Phelps Dodge Corp. Vs. Nlrb
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- US Supreme Court
- Apr 28, 1941
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U.S. 177 (1941) U.S. Supreme Court Phelps Dodge Corp. v. NLRBSearch
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U.S. 177 (1941) Phelps Dodge Corp. v. NLRBSearch
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with modifications. The main issue is intrinsically important, and has stirred a conflict of decisions. Labor Board v. WaumbecSearch
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Labor Board v. JonesSearch
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Such was the view, on behalf of the Court, of Chief Justice Taft, American Steel Foundries v. Tri-CitySearch
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already recognized the power of Congress to deny an employer the freedom to discriminate in discharging. Labor Board v. JonesSearch
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The course of decisions in this Court since Adair v. UnitedSearch
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States, 208 U. S. 161 , and Coppage v. KansasSearch
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U. S. 1 , have completely sapped those cases of their authority. Pennsylvania R. Co. v. LaborSearch
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Texas & N.O. R. Co. v. RailwaySearch
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Virginian Ry. v. FederationSearch
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Labor Board v. MackaySearch
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to enforce the legislative policy against discrimination represented by the Railway Labor Act. Texas & N.O. R. Co. v. RailwaySearch
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canons for equitable relief deemed suitable by chancellors in ordinary private controversies. Compare Virginian Ry. v. FederationSearch
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does not lend itself to such destructive significance. Helvering v. Morgan'sSearch
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offered employment. The court below, on the other hand, in harmony with three other circuits, Mooresville Cotton Mills v. LaborSearch
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Labor Board v. BotanySearch
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to the functions of workers' organizations, and the desire not to repeat those controversies. Cf. New Negro Alliance v. GrocerySearch
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National Licorice Co. v. LaborSearch
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Board, 309 U. S. 350 , 309 U. S. 362 , and see Amalgamated Utility Workers v. EdisonSearch
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wrongfully discharged. On the other hand, it may be, as was urged on behalf of the Board in Mooresville Cotton Mills v. LaborSearch
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Together with No. 641, National Labor Relations Board v. PhelpsSearch
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For further materials bearing on the legislative history see the able opinion of Judge Magruder in Labor Board v. WaumbecSearch
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in the Act requires a back pay award to be diminished by the amounts actually earned ( compare Republic Steel Corp. v. LaborSearch
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effectuate the policies of the Act. We have held that the provision is remedial, not punitive, Consolidated Edison Co. v. LaborSearch
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Labor Board v. PennsylvaniaSearch
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Republic Steel Corp. v. LaborSearch
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may preface an illustrative example of a general power already granted, Helvering v. Morgan'sSearch
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S. 121 , 293 U. S. 125 , or it may serve to define that power, or even enlarge it. Cf. Montello Salt Co. v. UtahSearch
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without any specified restriction upon the exercise of that authority. It is true that, in Texas & N.O. R. Co. v. RailwaySearch
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U.S. Supreme Court Phelps Dodge Corp. v. NLRBSearch
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Labor Board v. WaumbecSearch
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of the Court, of Chief Justice Taft, American Steel Foundries v. Tri-CitySearch
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Adair v. UnitedSearch
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and Coppage v. KansasSearch
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Pennsylvania R. Co. v. LaborSearch
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the Railway Labor Act. Texas & N.O. R. Co. v. RailwaySearch
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Compare Virginian Ry. v. FederationSearch
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Helvering v. Morgan'sSearch
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Mooresville Cotton Mills v. LaborSearch
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Cf. New Negro Alliance v. GrocerySearch
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Amalgamated Utility Workers v. EdisonSearch
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National Labor Relations Board v. PhelpsSearch
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Consolidated Edison Co. v. LaborSearch
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Labor Board v. PennsylvaniaSearch
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Cf. Montello Salt Co. v. UtahSearch
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