Marshall Field & Co. v. Labor Board
318 U.S. 253 (1943)

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U.S. Supreme Court

Marshall Field & Co. v. Labor Board, 318 U.S. 253 (1943)

Marshall Field & Co. v. National Labor Relations Board

No. 453

Argued February 3, 1943

Decided March 1, 1943

318 U.S. 253

Syllabus

1. Benefits received under the Illinois Unemployment Compensation Act were not "earnings" within the meaning of an order of the National Labor Relations Board requiring an employer to pay to certain discharged employees sums equal to what they normally would have earned, less their "net earnings," during the prescribed period. P. 318 U. S. 255.

2. Since it does not appear from the record that the question of the National Labor Relations Board's authority to award backpay

Page 318 U. S. 254

without deduction of benefit received under the Illinois Unemployment Compensation Act was at any stage of the proceedings before the Board, presented to the Board or to any member or agent thereof, or that there were any "extraordinary circumstances" which would excuse such failure, its consideration on review was precluded by § 10(e) of the National Labor Relations Act. P. 318 U. S. 255.

3. Assuming that the requirements of § 10(e) may, with the consent of the court, be waived, the reservation in the consent decree of "jurisdiction" to consider the question in this case was not a waiver, but left the matter to be determined according to law. P. 318 U. S. 256.

129 F.2d 169 affirmed.

CERTIORARI, 317 U.S. 617, to review a decree ordering enforcement of an order of the National Labor Relations Board.

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