Marshall Field Co v. National Labor Relations Board
| Decision Date | 01 March 1943 |
| Docket Number | No. 453,453 |
| Citation | 63 S.Ct. 585,87 L.Ed. 744,318 U.S. 253 |
| Parties | MARSHALL FIELD & CO. v. NATIONAL LABOR RELATIONS BOARD |
| Court | U.S. Supreme Court |
See 318 U.S. 801, 63 S.Ct. 849, 87 L.Ed. —-.
Mr. Ralph E. Bowers, of Chicago, Ill., for petitioner.
Mr. Robert B. Watts, of Washington, D.C., for respondent.
In this case the Labor Board ordered petitioner to compensate certain of its employees for loss of pay suffered as a result of their discriminatory discharge in violation of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq. Paragraph 2(b) of the order directed that petitioner 'make whole' the employees by payment to them of a sum 'equal to that which they would normally have earned as wages' during the specified period, less their 'net earnings' during the period (34 N.L.R.B. 1, 21). On consent of the parties, the Circuit Court of Appeals for the Seventh Circuit enforced the other provisions of the Board's order, and reserved 'jurisdiction' to determine whether Paragraph 2(b) permitted petitioner to deduct benefits received by the employees under the Illinois Unemployment Compensation Act, Ill.Rev.Stat.1941, c. 48, §§ 217—250, and, if not, whether to that extent the order was within the power of the Board. On consideration of the questions reserved, the court construed the order as not permitting such a deduction, and held that so construed it was within the Board's authority. 129 F.2d 169. An appropriate enforcement decree was entered, and we granted certiorari. 317 U.S. 617, 63 S.Ct. 201, 87 L.Ed. —-.
We agree with the court below that the benefits received under the state compensation act were plainly not 'earnings' which, under the terms of the Board's order, could be deducted from the back pay awarded. And upon examination of the record we think the Board's order should be enforced without considering the question whether such a provision is within the Board's authority.
Section 10(e) of the Act, 29 U.S.C. § 160(e), 29 U.S.C.A. § 160(e), provides that 'No objection that has not been urged before the Board, its member, agent or agency, shall be considred by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances'. We do not find that, at any stage of the proceedings before the Board, the objection now urged as to the Board's lack of power was presented to it or to any member or agent of the Board, or that there are any 'extraordinary circumstances' which would excuse such failure.
Paragraph 2(b) of the Board's order is in substance the recommendation of the intermediate report of the trial examiner. Yet petitioner's only objection to this part of the examiner's report was that the examiner had erred 'in making each and every recommendation.' Such a general objection did not apprise the Board that petitioner...
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...to "each and every" finding or conclusion of an ALJ obviously lacks the necessary particularity. Marshall Field & Co. v. NLRB, 318 U.S. 253, 255, 63 S.Ct. 585, 586, 87 L.Ed. 744 (1943); Consolidated Freightways v. NLRB, 669 F.2d 790, 793 (D.C.Cir.1981). The exceptions here, however, were no......
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