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Phelps Dodge Corp. v. National Labor Relations Board
United States Supreme Court
313 U.S. 177, 61 S.Ct. 845, 85 L.Ed. 1271 (1941)
Phelps Dodge Corp. (Phelps) (defendant) refused to hire two workers solely because they belonged to a labor union. The union filed charges with the National Labor Relations Board (plaintiff), arguing that the policy amounted to an unfair labor practice. The board ordered Phelps to hire the two employees and pay them backpay from the date that Phelps refused to hire them. Meanwhile, the workers found other jobs. Phelps appealed, arguing that the board could not order it to employ the two workers and that it should not have to pay backpay after the workers obtained substantially equivalent employment elsewhere.
Rule of Law
Holding and Reasoning (Frankfurter, J.)
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