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- [1] These rules go back almost as far as the National Labor Relations Board. See McKay Radio & Telegraph v. NLRB, U.S. Supreme Court, 304 U.S. 333 (1938). We may note that an employer who rejects an offer to return to work by strikers takes a financial risk if the NLRB or the Courts subsequently find a ULP strike. Back pay begins to accumulate almost immediately