NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 211
pay is limited, in each case, to the amount the striking employees
would normally have earned, less amounts earned by them, during
the period of its computation.
7. Eim.crr ON BOARD ORDERS OF VIOLENT OR IJNLAWSUL CONDHCT ON THE PART
OF EMPLOYEES WHO WERE DISCRIAITNATORELY DISCHARGED OR WHO WENT ON
STRIKE IN PROTEST AGAINST 'UNFAIR LABOR PRACTICES.
In several cases involving discriminatory discharges, or strikes
caused or prolonged by unfair labor practices, the contention has
been advanced that because of violent or unlawful conduct upon the
part of the employees involved the Board ought not to require their
reinstatement. 55 The Board's power of reinstatement is discretionary
in nature, to be exercised in the light of all the circumstances of
each case in the manner best calculated to effectuate the policies of the
act." In the exercise of that discretionary power, the Board considers
the probable effect of the restoration of the working -relationship
upon future relations between the employer and the employees. The
Board does not condone violence on the part of any party to a labor
dispute. 57 In cases of serious offenses, it has withheld orders for the
reinstatement of the guilty individuals." But where the misconduct
is not grave, 55 and where, in addition, the employer's conduct,
whether in reinstating persons equally guilty with those whose reinstatement
is opposed," or in other ways, 51 gives rise to the inference
that union activities rather than misconduct is the basis of his objection,
the Board has usually required reinstatement." In Matter
of Electric Boat Company, 63 for example, the Board reviewed the
factors leading it to require reinstatement of strikers- charged with
misconduct in the following passage :
It may be noted in the first place that the action of the strikers was undertaken
in protest against an unfair labor practice of the respondent. Laying
aside this fact, however, we shall consider whether the strikers' conduct would
in any circumstances warrant refusal of relief. We may assume that the
strikers were guilty of violation of local law when they engaged in a sit-down
16 Cases in which unlawful conduct is assigned by the employer as the real causes of
discharge requiring determination whether, in the light of such contention, an unfair
labor practice has been committed, and cases giving rise to the question whether, for the
purposes and within the meaning of the act, an individual "whose work has ceased as a
consequence of, or in connection with, any current labor dispute or because of any unfair
labor practice" (National Labor Relations Act, sec. 2 (3)) can be discharged for violence
or other cause are discussed on pp. 76. 84, 88, supra.)
68 The contention that the equitable nature of proceedings before the Board requires
that when a labor organization has been guilty of wrongdoing the Board is powerless to
redress the employer's unfair labor practices has been rejected by the courts (National
Labor Relations Board v. Remington Rand. Inc., 94 F. (2d) 862 (C. C. A. 2nd, 1938), certiorari
dened. 58 S. Ct. 1046; National Labor Relations Board v. Carlisle Lumber Company,
94 F. (2d) 138 (C. C. A. 9th, 1937), certiorari denied, 304 U. S. 575. But cf.
National Labor Relations Board v. Columbian Enameling and Stamping Company, Inc.,
96 F. (2d) 948 (C. C. A. 7th. 1938) 59 S. Ct. 86: Fansteel Metallurgical Corporation v.
National Labor Relations Board, 98 F. (2d) 375 (C. C. A. 7th, 1938; certiorari granted
Nov. 19. 1938.
1, See Matter of Kentucky Firebrick Company and United Brick and Clay Workers of
America, Local No. 510, 3 N. L. R. B. 455. order enforced in National Labor Relations Board
V. Kentucky Firebrick Company, 99 F. (2d) 89 (C. C. A. 6th, 1938) ; rehearing denied
Oct. 12, 1938.
Es See, for example, Matter of Kentucky Firebrick Company and United Brick and Clay
Workers of America, Local No. 510, 3 N. L. R. B. 455, order enforced in National Labor Relations
Board v. Kentucky Firebrick Company, 99 F. (2d) 89 (C. C. A. 6th, 1938).
52 See, for example, Matter of The Louisville Refining Company and International Association,
Oil Field, Gas Well and Refinery Workers of America, 4 N. L. R. B. 844.
63 See, for example, Matter of United States Stamping Company and Enamel Workers
Union, No. 18630, 5 N. L. R. B., 29.
61 See, for example, Matter .of Stackpole Carbon Company and United Electrical cf Radio
Workers of America, Local No 502, 6 N. L. R. B. 171.
62 Cf. Fansteel Metallurgical Corporation v. National Labor Relations Board, 98 F. (2d)
375 (C. C. A. 7th, 1938), setting aside order in 5 N. L. R. B. 930: cmtiorari granted
Nov. 19. 1938.
66 Matter of Electric Boat Company and Industrial Union of Marine and Shipbuilding
Workers of America, Local No. 6, 7 N. L. R. B. 572.