Supreme Court of the United States
Nathanson v. National Labor Relations Board
November 10, 1952344 U.S. 25
Summary
The Court held that the National Labor Relations Board could prove a back-pay claim in bankruptcy because the statutory obligation was an implied-contract debt, and that the Board was the proper entity to liquidate the claim. It rejected priority treatment because the claim was collected for private wage claimants rather than for public revenue or protected governmental wards, and the Bankruptcy Act provided no basis for giving it greater priority than other wage claims. The judgment was reversed and the case remanded for proceedings consistent with that conclusion. Justice Jackson, joined by Justice Black, dissented, reasoning that the Government's enforcement role justified extending governmental priority to the claims.
Holding
- Provability and identity of claimant. The Board is a creditor and claimant for the back-pay awards, and the claim is provable in bankruptcy as a debt founded upon an implied contract.
- Priority of the back-pay claim. The Board's back-pay claim is not a debt owing to the United States entitled to priority under the Bankruptcy Act.
- Authority to liquidate the back-pay award. The Board, rather than the bankruptcy referee or court, properly determines the amount of back pay, subject to limited judicial review, and the bankruptcy court should accommodate the administrative process.
Docket 33
Cited authorities
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