National Labor Relations Board v. Strong

A multiple employer bargaining association of which respondent was then a member made a contract with a union fixing compensation levels for the member firms' employees. Respondent thereafter sought to withdraw from the association and refused to sign the contract. The union filed charges with the National Labor Relations Board (NLRB), which found that respondent's refusal to sign the contract constituted unfair labor practices in violation of §§ 8 (a)(5) and (1) of the National Labor Relations Act and ordered respondent to sign the contract, cease and desist from unfair labor practices, and pay any fringe benefits provided for by contract. The Court of Appeals enforced the NLRB's order except as it provided for the payment of fringe benefits, which it held to be "an order to respondent to carry out provisions of the contract" and thus beyond the NLRB's powers.

Held: The NLRB's authority under the Act to remedy the unfair labor practice which occurred when respondent refused to sign the collective bargaining agreement negotiated on his behalf included the power to require payment of the fringe benefits under the NLRB's remedial authority to take "affirmative action including reinstatement of employees with or without back pay," § 10 (c), which is not "affected by any other means of adjustment... established by agreement, law, or otherwise...," § 10 (a). Pp. 358-362.

386 F.2d 929, reversed.

Harris Weinstein argued the cause for petitioner. With him on the brief were Solicitor General Griswold, Arnold Ordman, Dominick L. Manoli, and Norton J. Come.

Charles G. Bakaly, Jr., argued the cause for respondent. With him on the brief was William B. Carman.

MR. JUSTICE WHITE delivered the opinion of the Court.