In 1964, the United Automobile Workers union won an election to represent employees of Ex-Cell-O Corporation (defendant). Over the company’s objections, the National Labor Relations Board (NLRB) (plaintiff) certified the union as bargaining agent the following year. The company had bargaining agreements covering other plants but refused to bargain with the union, as a way to obtain judicial review of the certification decision. In 1967, the NLRB trial examiner found the refusal to bargain violated the National Labor Relations Act (NLRA) and recommended compensating employees for monetary losses suffered as a result, known as a “make-whole” remedy. The NLRB granted review and consolidated the case with three others involving extensive briefing and oral argument, delaying its decision until 1970—some five and a half years after it originally certified the union.