National Labor Relations Board v. Community Health Services, Inc.

The NLRB’s order effectively seeks to adopt a new rule governing the calculation of backpay in cases where a collective bargaining employer unlawfully reduces the hours of unionized employees. There can, of course, be no doubt that Congress has invested the Board with considerable power to shape labor relations in this country and to provide remedies like backpay in response to employer misconduct. But in our legal order federal'agencies must take care to respect the boundaries of their congressional charters. They may not treat similarly situated classes of persons differently without a…