Repub. Steel Corp. v. Nat'l Labor Relations Bd., 311 U.S. 7 (1940). · Go Syfert
Repub. Steel Corp. v. Nat'l Labor Relations Bd., 311 U.S. 7 (1940). Cases Citing This Book View Copy Cite
1,040 citation events (76 in the last 25 years) across 44 distinct courts.
Strongest positive: National Labor Relations Board v. Community Health Services, Inc. (ca10, 2016-01-20)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) National Labor Relations Board v. Community Health Services, Inc. (5×) also: Cited as authority (quoted), Cited as authority (rule)
10th Cir. · 2016 · signal: see · quote attribution · 4 verbatim quotes · confidence high
he power to command affirmative action is remedial, not punitive.
examined Cited as authority (verbatim quote) Anthony Henry v. Laborers Local 1191 (4×) also: Cited "see"
Mich. · 2014 · quote attribution · 2 verbatim quotes · confidence high
does not prescribe penalties or fines in vindication of public rights or provide indemnity against community losses as distinguished from the protection and compensation of employees.
examined Cited as authority (verbatim quote) In re 710 Long Ridge Road Operating Co. (3×) also: Cited as authority (quoted)
Bankr. D.N.J. · 2014 · quote attribution · 3 verbatim quotes · confidence high
a worker's loss in wages and in general working conditions must be made whole
examined Cited as authority (quoted) Paz Securities, Inc. v. Securities & Exchange Commission (2×)
D.C. Cir. · 2007 · signal: cf. · quote attribution · 2 verbatim quotes · confidence low
it is not enough to justify the board's requirements to say that they would have the effect of deterring persons from violating the act" because the board's power "is remedial, not punitive
examined Cited as authority (quoted) National Labor Relations Board v. Coca-Cola Bottling Company of Buffalo, Inc. (3×)
2d Cir. · 1999 · quote attribution · 3 verbatim quotes · confidence low
the act does not prescribe penalties or fines in vindication of public rights or provide indemnity against community losses as distinguished from the protection and compensation of employees.
examined Cited as authority (quoted) Manhattan Eye Ear & Throat Hospital v. National Labor Relations Board (5×) also: Cited "see"
2d Cir. · 1991 · quote attribution · 3 verbatim quotes · confidence low
the act does not prescribe penalties or fines in vindication of public rights or provide indemnity against community losses as distinguished from the protection and compensation of employees.
examined Cited as authority (quoted) Manhattan Eye Ear & Throat Hospital v. National Labor Relations Board (5×) also: Cited "see"
2d Cir. · 1991 · quote attribution · 3 verbatim quotes · confidence low
the act does not prescribe penalties or fines in vindication of public rights or provide indemnity .against community losses as distinguished from the protection and compensation of employees.
discussed Cited as authority (rule) Brown-Forman Corp. v. NLRB (2×)
6th Cir. · 2026 · confidence medium
Co., 304 U.S. 333, 348 (1938) (“[T]he relief which the statute empowers the Board to grant is to be adapted to the situation which calls for redress.”); see also, e.g., Nos. 24-2107/25-1060 Brown-Forman Corp. v. NLRB Page 14 Republic Aviation, 324 U.S. at 798 (holding that the Board’s adjudicatory powers are meant to “apply[] the Act’s general prohibitory language” to “the infinite combinations of events” with which it is presented); Republic Steel Corp. v. NLRB, 311 U.S. 7, 12 (1940) (explaining that the Board’s adjudicatory authority can only be used for “action to achiev…
discussed Cited as authority (rule) National Labor Relations Board v. MacY's Inc.
9th Cir. · 2025 · confidence medium
For example, the Board isn’t vested with “a virtually unlimited discretion to devise punitive measures” and it can’t “prescribe penalties or fines which the Board may think would effectuate the policies of the Act.” Republic Steel Corp. v. NLRB, 311 U.S. 7, 11 (1940).
discussed Cited as authority (rule) National Labor Relations Board v. MacY's Inc.
9th Cir. · 2025 · confidence medium
For example, the Board isn’t vested with “a virtually unlimited discretion to devise punitive measures” and it can’t “prescribe penalties or fines which the Board may think would effectuate the policies of the Act.” Republic Steel Corp. v. NLRB, 311 U.S. 7, 11 (1940).
discussed Cited as authority (rule) Coreslab Structures v. NLRB (2×) also: Cited "see"
10th Cir. · 2024 · confidence medium
The power Congress granted to the Board to rectify unfair labor practices is—and must be in its exercise—“remedial, not punitive.” Republic Steel Corp. v. NLRB, 311 U.S. 7, 12 (1940).
discussed Cited as authority (rule) East Brunswick European Wax v. NLRB (2×)
3rd Cir. · 2022 · confidence medium
The NLRA’s “purpose is the ‘protection of employees and the redress of their grievances . . . after the employees have been made whole.’” Quick v. NLRB, 245 F.3d 231 , 254-55 (3d Cir. 2001) (quoting Republic Steel Corp. v. NLRB, 311 U.S. 7, 11 (1940)).
discussed Cited as authority (rule) HTH Corp. v. National Labor Relations Board
D.C. Cir. · 2016 · confidence medium
If “a deterrent effect is sufficient to sustain an order of the Board, it would be free to set up any system of penalties which it would deem adequate to that end.” Republic Steel Corp. v. NLRB, 311 U.S. 7, 12 (1940).
discussed Cited as authority (rule) BE&K Construction Co. v. National Labor Relations Board (2×)
SCOTUS · 2002 · confidence medium
Nor can the Board issue punitive remedies, see Republic Steel Corp. v. NLRB, 311 U. S. 7, 10-12 (1940), and instead is limited to restoring the previolation status quo, see id., at 12-13 ; NLRB v. J.
discussed Cited as authority (rule) Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (2×)
SCOTUS · 2002 · confidence medium
We did not defer to the Government's position in any of these cases, and there iseven less basis for doing so here since IRCA—unlike the maritime statutes,the bankruptcy Code, or the INA—not only speaks directly to matters of employment but expressly criminalizes the only employment relationship at issue in this case. [5] Because the Board is precluded from imposing punitive remedies, Republic Steel Corp. v. NLRB, 311 U. S. 7, 9-12 (1940), it is an open question whether awarding backpay to undocumented aliens, who have no entitlement to work in the United States at all,might constitute a pro…
discussed Cited as authority (rule) Hernández Badillo v. Municipio de Aguadilla
prsupreme · 2001 · confidence medium
Bd., 311 U.S. 7, 10 (1940), cuando después de reiterar que la Ley es esencialmente reparadora, se añade: “No consiste de un programa penal que declare que las prácticas ilícitas de trabajo enumeradas constituyan delitos.
discussed Cited as authority (rule) ca3 2001
3rd Cir. · 2001 · confidence medium
In fact, we believe that the NLRB's remedial order here was eminently reasonable. 87 The NLRA "confers rights only on employees," Lechmere, Inc. v. NLRB, 502 U.S. 527, 532 (1992), and its purpose is the "protection of employees and the redress of their grievances... after the employees have been made whole." Republic Steel Corp. v. NLRB, 311 U.S. 7, 11 (1940).
discussed Cited as authority (rule) Hoffman Plastic Compounds, Inc. v. National Labor Relations Board
D.C. Cir. · 2000 · confidence medium
Any other solution must be sought in fV>rwTTo«a urui via^ Iko In light of our disposition of this issue, we find it unnecessary to consider petitioners’ claim that the minimum backpay awards are “punitive,” and hence beyond the authority of the Board under Republic Steel Corp. v. NLRB, 311 U. S. 7, 9-12 (1940).
discussed Cited as authority (rule) Hoffman Plastic Compounds, Inc. v. National Labor Relations Board
D.C. Cir. · 2000 · confidence medium
Any other solution must be sought in Congress and not the courts. 14 In light of our disposition of this issue, we find it unnecessary to consider petitioners' claim that the minimum backpay awards are "punitive," and hence beyond the authority of the Board under Republic Steel Corp. v. NLRB, 311 U.S. 7, 9-12 (1940).
cited Cited as authority (rule) Cap Cleaning Contr v. NLRB
D.C. Cir. · 1998 · confidence medium
See NLRB v. Strong, 393 U.S. 357, 359 (1969); Republic Steel Corp. v. NLRB, 311 U.S. 7, 10-12 (1940); Grondorf, Field, Black & Co. v. NLRB, 107 F.3d 882, 888 (D.C.
discussed Cited as authority (rule) Reich v. Cambridgeport Air
1st Cir. · 1994 · confidence medium
And in choosing such remedies, the Senate was presumably aware that, as early as 1938, the Supreme Court had held that punitive damages were not available under the NLRA.2 ___ Consolidated Edison Co. v. NLRB, 305 U.S. 197, 235-36 (1938); _______________________ ____ see also Republic Steel Corp. v. NLRB, 311 U.S. 7, 12 (1940). ________ ____________________ ____ The Court had interpreted the NLRA's language by explaining that the power to command "affirmative action" was remedial rather than punitive.
cited Cited as authority (rule) National Labor Relations Board v. Carpenters Local 209, United Brotherhood of Carpenters and Joiners of America, Afl-Cio
9th Cir. · 1993 · confidence medium
See Local 60, United Brotherhood of Carpenters & Joiners of Am. v. NLRB, 365 U.S. 651, 655 (1961); Republic Steel Corp. v. NLRB, 311 U.S. 7, 11-12 (1940).
discussed Cited as authority (rule) Kenrich Petrochemicals, Inc. v. National Labor Relations Board
3rd Cir. · 1990 · confidence medium
That argument proves too much, for if such a deterrent effect is sufficient to sustain an order of the Board, it would be free to set up any system of penalties which it would deem adequate to that end. 311 U.S. at 11-12 , 61 S.Ct. at 79 (citations omitted).
discussed Cited as authority (rule) Dyna-Med, Inc. v. Fair Employment & Housing Commission (2×)
Cal. · 1987 · confidence medium
That argument proves too much, for if such a deterrent effect is sufficient to sustain an order of the Board, it would be free to set up any system of penalties which it would deem adequate to that end. [¶] ... [A]ffirmative action to `effectuate the policies of this Act' is action to achieve the remedial objectives which the Act sets forth." ( Republic Steel Corp. v. Labor Board (1940) 311 U.S. 7, 12 [ 85 L.Ed. 6, 10 , 61 S.Ct. 77 ]; accord, Carpenters Local v. Labor Board (1961) 365 U.S. 651, 655 [ 6 L.Ed.2d 1, 4 , 81 S.Ct. 875 ]; see Laflin & Laflin v. Agricultural Labor Relations Bd. (198…
discussed Cited as authority (rule) J. R. Norton Co. v. Agricultural Labor Relations Board (2×)
Cal. Ct. App. · 1987 · confidence medium
That argument proves too much, for if such a deterrent effect is sufficient to sustain an order of the Board, it would be free to set up any system of penalties which it would deem adequate to that end. [¶] ... [A]ffirmative action to `effectuate the policies of this Act' is action to achieve the remedial objectives which the Act sets forth." ( Republic Steel Corp. v. Labor Board (1940) 311 U.S. 7, 12 [ 85 L.Ed. 6, 10 , 61 S.Ct. 77 ].) There is no evidence of any kind that the value to the employees who are to be made whole of the loss of use of the wages of which they were deprived would amo…
cited Cited as authority (rule) Wisconsin Department of Industry, Labor & Human Relations v. Gould Inc.
SCOTUS · 1986 · confidence medium
Republic Steel Corp. v. NLRB, 311 U. S. 7, 10-12 (1940).
discussed Cited as authority (rule) Laflin & Laflin v. AGRICULTURAL LABOR REL. BD.
Cal. Ct. App. · 1985 · confidence medium
That argument proves too much, for if such a deterrent effect is sufficient to sustain an order of the Board, it would be free to set up any system of penalties which it would deem adequate to that end. [f] . . . [A]ffirmative action to ‘effectuate the policies of this Act’ is action to achieve the remedial *381 objectives which the Act sets forth.” (Republic Steel Corp. v. Labor Board (1940) 311 U.S. 7, 12 [ 85 L.Ed. 6, 10 , 61 S.Ct. 77 ].) The affirmative action required of petitioner by Board’s order is so disproportionate to the conduct of petitioner involved in the unfair labor pr…
discussed Cited as authority (rule) Carian v. Agricultural Labor Relations Board
Cal. · 1984 · signal: cf. · confidence medium
Because the relation of remedy to policy is peculiarly a matter for administrative competence, courts must not enter the allowable area of the Board’s discretion and must guard against the dangers of sliding unconsciously from the narrow confines of law into the more spacious domains of policy.” (Phelps Dodge Corp. v. Labor Board (1941) 313 U.S. 177, 194 [ 85 L.Ed. 1271, 1283 , 61 S.Ct. 845 , 133 A.L.R. 1217 ].) In general, the board’s remedial order “should stand unless it can be shown that the order is a patent attempt to achieve ends other than those which can be fairly said to effe…
discussed Cited as authority (rule) Sure-Tan, Inc. v. National Labor Relations Board (2×)
SCOTUS · 1984 · confidence medium
In light of our disposition of this issue, we find it unnecessary to consider petitioners’ claim that the minimum backpay awards are “punitive,” and hence beyond the authority of the Board under Republic Steel Corp. v. NLRB, 311 U. S. 7, 9-12 (1940).
discussed Cited as authority (rule) Superior Farming Co. v. Agricultural Labor Relations Board
Cal. Ct. App. · 1984 · confidence medium
(Sun nyside Nurseries, Inc. v. Agricultural Labor Relations Bd. (1979) 93 Cal.App.3d 922, 940 [ 156 Cal.Rptr. 152 ]; Republic Steel Corp. v. Labor Board (1940) 311 U.S. 7, 12 [85 L.Ed.6, 10-11, 61 S.Ct. 77 ].) An award of backpay is statutorily authorized and is a common remedy to redress the effects of an unlawful discharge. (§ 1160.3; Labor Board v. Seven-Up Co. (1953) 344 U.S. 344, 346-347 [ 97 L.Ed. 377, 381 , 73 S.Ct. 287 ]; see also Butte View Farms v. Agricultural Labor Relations Bd., supra, 95 Cal.App.3d 961, 967-968.) Such an award will be upheld “ ‘unless it can be shown that th…
discussed Cited as authority (rule) Nathan Yorke v. National Labor Relations Board
7th Cir. · 1983 · confidence medium
The Supreme Court in Republic Steel Corp. v. NLRB, 311 U.S. 7, 9-13 (1940), emphasized that, while the Board is given wide leeway in fashioning remedies, the remedy chosen must "achieve the remedial objectives which the Act sets forth," id. at 12 , and must not punish the employer for its violations.
discussed Cited as authority (rule) Yorke v. National Labor Relations Board
7th Cir. · 1983 · confidence medium
The Supreme Court in Republic Steel Corp. v. NLRB, 311 U.S. 7, 9-13 (1940), emphasized that, while the Board is given wide leeway in fashioning remedies, the remedy chosen must “achieve the remedial objectives which the Act sets forth,” id. at 12 , and must not punish the employer for its violations.
examined Cited as authority (rule) International Brotherhood of Electrical Workers v. Foust (4×)
SCOTUS · 1979 · confidence medium
Acknowledging the “essentially remedial” objectives of the National Labor Relations Act, this Court has refused to permit punitive sanctions in certain unfair labor practice cases, see, e. g., Republic Steel Corp. v. NLRB, 311 U. S. 7, 10-12 (1940); Carpenters v. NLRB, 365 U. S. 651, 655 (1961), and in actions under § 303 of the Labor Management Relations Act, 29 U. S. C. § 187 , Teamsters v. Morton, 377 U. S. 252, 260-261 (1964).
cited Cited as authority (rule) Hiserote Homes, Inc. v. Riedemann
Iowa · 1979 · confidence medium
Republic Steel Corp. v. NLRB, 311 U.S. 7, 12 , 61 S.Ct. 77, 79 , 85 L.Ed. 6, 10 (1940).
cited Cited as authority (rule) International Brotherhood of Teamsters, Local 959 v. King
Alaska · 1977 · confidence medium
It was laid down in Republic Steel Corp. v. N.L.R.B., 311 U.S. 7, 11-12 , 61 S.Ct. 77 , 85 L.Ed. 6, 10 (1940).
discussed Cited as authority (rule) National Labor Relations Board v. Townhouse T v. & Appliances, Inc.
7th Cir. · 1976 · confidence medium
NLRB v. Seven-Up Bottling Co., 344 U.S. 344, 349 , 73 S.Ct. 287, 290 , 97 L.Ed. 377, 383 (1953); Local 60, United Brotherhood of Carpenters v. NLRB, 365 U.S. 651, 655 , 81 S.Ct. 875, 877 , 6 L.Ed.2d 1, 4 (1961); Republic Steel Corp. v. NLRB, 311 U.S. 7, 10-11 , 61 S.Ct. 77, 78-79 , 85 L.Ed. 6, 9-10 (1940). a.
discussed Cited as authority (rule) National Labor Relations Board v. Food Store Employees Union, Local 347
SCOTUS · 1974 · confidence medium
C. 249, 426 F. 2d 1243 (1970), known as the Tiidee Products case, in which the court had remanded for further Board consideration a union’s submission that similar supplementary remedies were necessary where an employer’s refusal to bargain was found to be "a clear and flagrant violation of the law,” and its objections to a representation election were determined to be “patently frivolous.” Id., at 254, 426 F. 2d, at 1248. 4 The Board directed Heck’s to mail notices of the Board’s amended order to the homes of all employees at each of Heck’s store locations; to provide the unio…
discussed Cited as authority (rule) National Labor Relations Board v. Canton Sign Co.
6th Cir. · 1972 · confidence medium
It is aimed, as the Act says (§ 1, 29 USCA § 151) at encouraging the practice and procedure of collective bargaining and at protecting the exercise ~by workers of full freedom of association, of self-organization and of negotiating the terms and conditions of their employment or other mutual aid or protection through their freely chosen representatives.” Republic Steel Corporation v. NLRB, 311 U.S. 7 , 61 S.Ct. 77 , 85 L.Ed. 6, 9-10 (1940).
discussed Cited as authority (rule) National Labor Relations Board v. Canton Sign Company
6th Cir. · 1972 · confidence medium
It is aimed, as the Act says (Sec. 1, 29 USCA Sec. 151) at encouraging the practice and procedure of collective bargaining and at protecting the exercise by workers of full freedom of association, of self-organization and of negotiating the terms and conditions of their employment or other mutual aid or protection through their freely chosen representatives." Republic Steel Corporation v. NLRB, 311 U.S. 7 , 61 S.Ct. 77 , 85 L.Ed. 6, 9-10 (1940).
discussed Cited as authority (rule) Middleton v. United States
Ct. Cl. · 1966 · confidence medium
Nathanson v. NLRB 344 U.S. 25, 27 (1952) ; Social Security Bd. v. Nierotko, 327 U.S. 358, 364-65 (1946) ; NLRB v. Stilley Plywood Co., 199 F. 2d 319, 321 (4th Cir. 1952), cert. denied, 344 U.S. 933 (1953) ; Republic Steel Corp. v. NLRB, 311 U.S. 7, 12 (1940) ; and Consolidated Edison Co. v. NLRB, 305 U.S. 197, 235, 236 (1938).
cited Cited as authority (rule) Sipes v. Vaca
Mo. · 1965 · confidence medium
Republic Steel Corp. v. National Labor Relations Board, 311 U.S. 7, 10-12 , 61 S.Ct. 77, 78-79, 85 .
discussed Cited as authority (rule) Junta de Relaciones del Trabajo v. Ceide
prsupreme · 1963 · confidence medium
Bd., 311 U.S. 7, 10 (1940), cuando después de reiterar que la Ley es esencialmente reparadora, se añade: “No consiste de un programa penal que declare que las prácticas ilícitas de trabajo enumeradas constituyan delitos.
cited Cited as authority (rule) Puerto Rico Labor Relations Board v. Ceide
prsupreme · 1963 · confidence medium
Bd., 311 U.S. 7, 10 (1940), when after reiterating that the Act is essentially remedial, it is added: “It does not carry a penal program declaring the described unfair labor practices to be crimes.
cited Cited as authority (rule) W. C. Nabors, D/B/A W. C. Nabors Company v. National Labor Relations Board
5th Cir. · 1963 · confidence medium
B., 1940, 311 U.S. 7, 11, 12 , 61 S.Ct. 77 , 85 L.Ed. 6 .
discussed Cited as authority (rule) National Labor Relations Board v. Food Fair Stores, Inc., and Retail Food Clerks Union, Local 1245, Retail Clerks International Association, Aflcio
3rd Cir. · 1962 · confidence medium
Republic Steel Corp. v. [National] Labor [Relations] Board, 311 U.S. 7, 11, 12 , [ 61 S.Ct. 77 , 85 L.Ed. 6 ], The primary purpose of the provision for other affirmative relief has been held to be to enable the Board to take measures designed to recreate the conditions and relationships that would have been had there been no unfair labor practice.
discussed Cited as authority (rule) Local 60, United Brotherhood of Carpenters & Joiners v. National Labor Relations Board (2×)
SCOTUS · 1961 · confidence medium
Republic Steel Corp. v. Labor Board, 311 U. S. 7, 11, 12 .
cited Cited as authority (rule) National Labor Relations Board v. Braswell Motor Freight Lines
5th Cir. · 1954 · confidence medium
B., 311 U.S. 7, 11, 12 , 61 S.Ct. 77 , 85 L.Ed. 6 .
discussed Cited as authority (rule) Social Security Board v. Nierotko (2×)
SCOTUS · 1946 · confidence medium
Reinstate ment and “back pay” are for the “protection of the employees and the redress of their grievances” to make them “whole.” Republic Steel Corp. v. Labor Board, 311 U. S. 7, 11, 12 . “. . . a worker’s loss in wages and in general working conditions must be made whole.” Phelps Dodge Corp. v. Labor Board, 313 U. S. 177, 196 .
examined Cited as authority (rule) Virginia Electric & Power Co. v. National Labor Relations Board (3×) also: Cited "see"
SCOTUS · 1943 · confidence medium
Consolidated Edison Co. v. Labor Board, 305 U. S. 197, 236; Republic Steel Corp. v. Labor Board, 311 U. S. 7, 11, 12 .
discussed Cited as authority (rule) Virginia Electric & Power Co. v. National Labor Relations Board (2×)
4th Cir. · 1942 · confidence medium
In Republic Steel Corp. v. Labor Board, 311 U.S. 7, 11, 12 , 61 S.Ct. 77, 79 , 85 L.
REPUBLIC STEEL CORPORATION
v.
NATIONAL LABOR RELATIONS BOARD Et Al.
14.
Supreme Court of the United States.
Nov 12, 1940.
311 U.S. 7
Messrs. Luther Day and Thomas F. Patton, with whom Messrs. Joseph W. Henderson and Mortimor S. Gordon were on the brief, for petitioner. ■, Mr. Thomas E. Harris, with whom Solicitor General Biddle, Assistant Solicitor General Fahy, and Messrs. Robert B. Watts, Laurence A. Knapp, Mortimer B. Wolf, and Morris P. Glushien were on the brief, for respondents.
Hughes, Black, Douglas, Roberts.
Cited by 346 opinions  |  Published
5 passages pin-cited by 6 cases
Pinpoint authority: #12,294 of 633,719
Citer courts: Second Circuit (9) · Tenth Circuit (3) · D.C. Circuit (2) · D. New Jersey (2)
Mr. Chief Justice Hughes

delivered the opinion of the Court.

The National Labor Relations Board, finding that the Republic Steel Corporation had engaged in unfair labor practices in violation of § 8(1), 8(2) and 8(3) of the National- Labor Relations Act, ordered the company to desist from these practices, to withdraw recognition from a labdr organization found to be dominated by the company, and-tó reinstate certain employees, with back pay, found to have been discriminatorily discharged or denied reinstatement. The Board, in providing for back pay, directed thA-company to deduct from the payments- to the reinstated employees the amounts they had received for work performed upon “work relief projects” and to páy over such amounts to the appropriate governmental agencies. Except for a modification, not now important, the Circuit Court of Appeals directed enforcement of the Board’s order. 107 F. 2d 472.

[*9] In view of conflict with decisions in National Labor Relations Board v. Leviton Manufacturing Co., 111 F. 2d 619 (C. C. A. 2d) and National Labor Relations Board v. Tovrea Packing Co., 111 F. 2d 626 (C. C. A. 9th), we granted certiorari limited to the question whether the Board had authority to require the company to make the described payments to the agencies of the Government. 310 U. S. 655.

The amounts earned by the employees before reinstatement were directed to be deducted from their back pay manifestly because, having already been received, these amounts were not needed to make the employees whole.. That principle would apply whether the employees had earned the amounts in public or private employment. Further, there is no question that, the amounts paid by the governmental agencies were for services actually performed. Presumably these agencies, and through them the. public, received the benefit of services reasonably worth the amounts paid. There is no finding to the contrary.

The Board urges that the work relief program was designed to meet the exigency of large-scale unemployment produced by the depression; that projects had been selected, not with a single eye to costs, or usefulness, but with a view to providing the greatest amount'' of employment in order to serve the needs of unemployed workers in various communities; in short, that the Work Projects Administration has been conducted as a meaps of dealing with the relief problem. Hence it is contended that the Board could properly conclude that the unfair labor practices of the company, had occasioned losses to the Government financing the work relief projects.

The payments to the Federal, State, County, or other governments concerned are thus conceived as being required for the purpose of redressing, not an injury to[*10] the employées, but an injury to the public, — an injury thought to be not the less sustained although here the respective governments have received the benefit of the services performed. So conceived, these .required payments are in the nature of penalties.imposed by law upon the employer, — the Board acting as the legislative agency in providing that sort- of sanction by. reason of public interest. We need not pause to pursue the application of this theory of the Board’s power to a variety of cir-cúmstances where community interests might be asserted. The question is, — Has Congress conferred the power upon the Board to impose such requirements. •

We think that the theory advanced; by the Board proceeds upon a misconception , of the National Labor Relations Act. The Act is essentially remedial. It does not carry a penal program declaring the described unfair labor practices to be crimes. The Act does not, prescribe penalties or fines in vindication of public rights or provide indemnity against community losses as distinguished from the protection and compensation of employees. Had Congress been intent upon such a program, we cannot doubt that Congress would have expressed its intent and would itself have defined its retributive scheme. •

The remedial purposes of the Act aré quite clear; It is aimed, as the Act says (§1) at. encouraging the practice and procedure of collective bargaining and at protecting the exercise by workers of full freedom of association, of self organization and of negotiating - the terms and conditions of'their: employment or other mutual aid or protection through their freely chosen representatives. This right of the employees is safeguarded through the authority conferred upon the Board to require "the employer to desist from the unfair labor practices described'.and to leave the employees free to organize and choose their representatives. They are thus protected from coercion and interference in the formation[*11] of labor organizations and from, discriminatory discharge. Whether the Act has been violated by the employer — 1 whether there, has. been an unfair labor practice — is. a matter for the Board to determine .upon, evidence. When it does so determine the Board can require the' employer to.disestablish organizations created in violation of the Act; it can direct the employer to bargain with those who appear to-be the chosen representatives of the employees and it can require that such employees as have been discharged in violation of the Act be reinstated with back pay. All these measures relate to the protection of the employees and the redress of their grievances, not to the redress of any supposed public injury after the employees have been made secure in their right of collective bargaining and have been made whole.

As the sole basis for the claim of authority to go further and to demand payments to governments, the Board 'relies on the language of § 10 (c) which provides that if upon evidence the Board finds that the persoñ against whom the complaint is lodged has engaged in an unfair labor practice, the Board shall issue an order — “requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act.” .

This language should be construed in harmony with the spirit and remedial purposes of the Act. We do'1 not think that Congress intended to vest in the Board a virtually unlimited discretion to devise punitive measures, and thus to prescribe penalties or lings which the Board may think would effectuate the policies of the Act.We have said that “this authority to order affirmative action does not go so far as- to confer a punitive jurisdiction enabling the Board to inflict upon the employer any penalty it may choose because he is engaged in unfair[*12] labor practices even though, the Board be of the opinion that the policies of the Act might be effectuated by such an order.” We have said that the power to command affirmative action is remedial, not punitive. Consolidated Edison Co. v. National Labor Relations Board, 305 U. S. 197, 235, 236. See, also, National Labor Relations Board v. Pennsylvania Greyhound Lines, 303 U. S. 261, 267, 268. We adhere to that construction.

In that view, it is not enough to justify the Board’s requirements to say that they would have the effect of deterring persons from yiolating the Act. That argument proves too much, for if such a deterrent effect is sufficient to sustain an order of the Board, it would be free to set up any system of penalties which it would deem adequate to that end.

We think that affirmative action to “effectuate the policies of this Act” is action to achieve the remedial objectives which the Act sets forth. Thus the employer may be required not only to-end his unfair labor practices; he may also be directed affirmatively to recognize an organization which is found to be the duly chosen, bargaining-representative of his employees; he may be ordered to cease particular methods of interference, intimidation or coercion, to stop recognizing and to disestablish a particular labor organization which he dominates or supports, to restore and make whole employees who have been discharged in violation of the Act, to give appropriate notice of his compliance with the Board’s order, and otherwise to take such action as will assure to his employees the rights which the statute undertakes to safeguard. These are all remedial measures. To go further and to require the employer to pay to governments'-what they have paid to employees for services .^rendered, to them is an exaction neither to make the employees, whole nor to assure that they can bargain collectively with' the employer through representatives of[*13] their own choice. We find no warrant in the policies of the Act for such an exaction.

In truth, the reasons assigned by the Board for the requirement in question — reasons which relate to the nature and purpose of woik relief projects and to the practice and aims of the Work Projects Administration— indicate that its order is not directed to the appropriate effectuating of the policies of the National Labor Re-látions Act, but to the effectuating of a distinct and broader policy with respect to unemployment., The Board has made its requirement in an apparent effort to provide adjustments between private employment and public work relief, and to carry out supposed policies in relation to the latter. That is not the function of the Board. It .has not been assigned a role in relation to losses conceived to have been sustained by communities or governments in connection with work relief projects. The function of the Board in this case was to assure to petitioner’s employees the right of collective bargaining through their representatives without interference by petitioner and to make good to the employees what they had lost through the discriminatory discharge. ,

We hold that the additional provision requiring the payments to governmental agencies was beyond the Board’s authority, and to that extent the decree below enforcing the Board’s order is modified and the cause is remanded with direction to enter a decree enforcing the Board’s order with that provision eliminated.

It is so ordered

Mr. Justice Roberts took no part in the consideration and decision of this case. Mr. Justice Black and Mr. Justice Douglas:

It might fairly be. implied by the words “reinstated ment of employees, with or without back pay” that the '[*14] .employees must themselves be the recipients of the back pay. Were the opinion based on that ground we would acquiesce. But the judgment here does not rest upon such an interpretation. The holding appears to be on the broad ground that the Board may not require full back pay, even to a wrongfully discharged employee, if he has received pay for services performed on a governmental relief project provided exclusively for the needy unemployed. With this conclusion we cannot agree.

The statute commands that the Board must order “back pay”, if the policy of the Act will thereby be effectuated. At least two persons are immediately involved in “back pay,” as here used; one who pays and one who receives. The propriety of a “back pay” order as an instrumentality for effectuating the Act’s policies, must therefore be determined by the manner in which it influences the payor and payee, one, or both. The central policy of the Act is protection to employees from employer interference, intimidation and coercion in relation to unionization and collective bargaining. We cannot doubt but that a back pay order as applied to the employer will effectually aid in safeguarding these rights. We believe, as did the Board and the court below, that it may well be said that the policies of the Act will be effectuated by denying to an offending employer the opportunity of shifting to gov'ernment relief' agencies the burden of supporting his wrongfully discharged employees. The knowledge that he may be called upon to' pay out the wages his employees would have earned but for their wrongful discharge, regardless of any assistance government may have rendered them during their unemployment, might well be a factor in inducing an employer to comply with the Act.

And the construction of the provision for back pay is not helped by labeling the Act’s purpose or the Board’s action as either “punitive” or “remedial.” The “back[*15] pay” provision is clear and unambiguous. Hence, it is enough here for us-to determine what Congress meant from what it said.

Ñor is there substance to the expressed fear that complete acceptance of the words as Congress wrote them would vest unlimited discretion in the Bpard, because it would not. That discretion is narrowly limited, by the fact that as to “back pay” the Board can in no instance award any .greater sum than “back pay” for the JJeriod in which the employee was absent from his employer’s services by reason of his employer’s violation of thé law.