Jack G. Buncher, D/B/A the Buncher Company v. National Labor Relations Board, United Steelworkers of America, Afl-Cio, Intervenor

I respectfully dissent from the majority opinion because this record shows that the determination of back pay, based on the seniority system adopted by the General Counsel, is arbitrary and unreasonable under the circumstances and that the substantial award is punitive, rather than remedial, in nature.1

The trial examiners in both the original unfair labor practice case and the present back pay case made detailed findings of the peculiar nature of Bunch-er’s business and his employment practices. Buncher operated out of three locations: Nine Mile Run, Leetsdale, and the Yard.” The business was…