Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 3 (2002)

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Cite as: 535 U. S. 137 (2002)

Syllabus

However broad the Board's discretion to fashion remedies when dealing only with the NLRA, it is not so unbounded as to authorize this sort of an award. Lack of authority to award backpay does not mean that the employer gets off scot-free. The Board here has already imposed other significant sanctions against petitioner, including orders that it cease and desist its NLRA violations and conspicuously post a notice detailing employees' rights and its prior unfair practices, which are sufficient to effectuate national labor policy regardless of whether backpay accompanies them, Sure-Tan, supra, at 904, and n. 13. Pp. 146-152.

237 F. 3d 639, reversed.

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, post, p. 153.

Ryan D. McCortney argued the cause for petitioner. With him on the briefs was Maurice Baskin.

Paul R. Q. Wolfson argued the cause for respondent. With him on the brief were Solicitor General Olson, Deputy Solicitor General Wallace, Arthur F. Rosenfeld, John H. Ferguson, Norton J. Come, and John Emad Arbab.*

*Ann Elizabeth Reesman and Daniel V. Yager filed a brief for the Equal Employment Advisory Council et al. as amici curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the State of New York et al. by Eliot Spitzer, Attorney General of New York, Caitlin J. Halligan, Solicitor General, Daniel Smirlock, Deputy Solicitor General, and M. Patricia Smith and Seth Kupperberg, Assistant Attorneys General, and by the Attorneys General for their respective jurisdictions as follows: Janet Napolitano of Arizona, Bill Lockyer of California, Earl I. Anzai of Hawaii, Thomas F. Reilly of Massachusetts, Darrell V. McGraw, Jr., of West Virginia, and Anabelle Rodriguez of Puerto Rico; for the American Civil Liberties Union Foundation et al. by Craig Goldblatt and Lucas Guttentag; for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, James B. Coppess, and Michael Rubin; for Employers and Employer Organizations by David A. Schulz, Jeffrey H. Drichta, and Michael J. Wishnie; and for the National Employment Law Project et al. by Rebecca Smith, James Reif, and James Williams.

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