NLRB v. Rutter-Rex Mfg. Co

In NLRB v. Rutter-Rex Mfg. Co. (1969) 396 U.S. 258, the NLRB ordered an employer to pay backpay to a worker for a delay which was attributable solely to the actions of the NLRB. The Supreme Court held the allocation of the burden created by the burden of the actions of the NLRB was within the discretion of the board: "The N.L.R.B. is not required to place the consequences of its own delay, even if inordinate, upon wronged employees to the benefit of wrongdoing employers . . . . para. The back-pay remedy is . . . not only punishment for an unfair labor practice, but is also a remedy designed to restore, so far as possible, the status quo that would have obtained but for the wrongful act."