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United Electrical, Radio and M v. NLRB

7th CircuitSeptember 2, 2009No. 08-2724
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Case Details

Judge(s)
Ripple
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

RetaliationWage Theft

Outcome

The court granted the union's petition for review and remanded the case, holding that the Board erred in failing to incorporate the wrongfully withheld 1995 wage increase into employees' base wages for calculating subsequent raises.

What This Ruling Means

**Union Wins Fight Over Withheld Wage Increases** This case involved a dispute between the United Electrical, Radio and Machine Workers union and Aluminum Casting & Engineering Company over wage increases that were wrongfully withheld from workers in 1995. The company had failed to give employees a wage increase they were entitled to that year, and the National Labor Relations Board (NLRB) had previously found this was illegal retaliation against workers. However, when calculating future wage increases for these employees, the NLRB made an error. They failed to include the wrongfully withheld 1995 wage increase as part of the workers' base wages when determining later raises. This meant workers were getting smaller increases than they should have received. The federal appeals court sided with the union, ruling that the NLRB was wrong. The court ordered the case to be reconsidered and said the withheld 1995 wage increase must be added to workers' base wages before calculating any subsequent raises. **Why this matters for workers:** This decision ensures that when employers illegally withhold wage increases, workers don't continue to be penalized in future years. Any back pay or withheld wages should become part of your permanent wage base for calculating future raises, preventing ongoing financial harm from employer retaliation.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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