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NLRB v. RUTTER-REX MFG. CO.

No. 32.

396 U.S. 258 (1969)

90 S.Ct. 417

24 L.Ed.2d 405

NATIONAL LABOR RELATIONS BOARD v. J. H. RUTTER-REX MANUFACTURING CO., INC., ET AL.

Supreme Court of United States.

Decided December 15, 1969.

Attorney(s) appearing for the Case

Arnold Ordman argued the cause for petitioner. With him on the brief were Solicitor General Griswold, Peter L. Strauss, Dominick L. Manoli, Norton J. Come, and Allison W. Brown, Jr.

Henry J. Read argued the cause for respondent J. H. Rutter-Rex manufacturing Co., Inc. With him on the briefs were Peter H. Beer and Daniel Lund. Jacob Sheinkman, Ralph N. Jackson, and James J. Graham filed a brief for respondent Amalgamated Clothing Workers' of America, AFL-CIO.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

This case presents the question whether, when an employer has improperly failed to reinstate striking employees, and the National Labor Relations Board has after considerable delay ordered back pay for those employees, a court of appeals may, on account of the delay, modify the Board's order to provide an early cutoff date for back pay. In the circumstances of this case, we hold such a modification to be an...

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