Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

National Labor Relations Board v. Essex County News Co.

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT


October 3, 1951

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
ESSEX COUNTY NEWS COMPANY, INCORPORATED, AND NEWSPAPER AND MAIL DELIVERERS' UNION, RESPONDENTS; IN RE NEWSPAPER AND MAIL DELIVERERS' UNION OF NEW YORK AND VICINITY, AND JOSEPH SIMONS AND CHARLES WEINBERG

Author: Maris

Before MARIS, MCLAUGHLIN and HASTIE, Circuit Judges.

MARIS, C.J.: The National Labor Relations Board having duly petitioned this Court for an order adjudging Newspaper and Mail Deliverers' Union of New York and Vicinity, and its president and secretary-treasurer, Joseph Simons and Charles Weinberg, in civil contempt of this Court for having failed and refused to comply with and obey the provisions of the decree of this Court entered on December 21, 1950, which required said Newspaper and Mail Deliverers' Union of New York and Vicinity, and Its officers, representatives and agents, immediately to post certain specified notices to employees and union members and forthwith to furnish signed copies thereof to the Regional Director of the Second Region of the National Labor Relations Board for posting in the plants of Essex County News Company, Inc.; this Court having on July 31, 1951, ordered said Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg to answer said petition for adjudication in civil contempt and to appear before this Court and show cause why they, and each of them, should not be adjudged in civil contempt of this Court as requested in said petition; said Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg having answered said petition; the matter having come on for hearing before this Court on October 3, 1951; the said Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg having appeared before this Court, personally and by counsel, and been afforded full opportunity to offer testimony, evidence and argument; and the Court having considered all the testimony, evidence and argument offered and being fully informed in the premises, makes these

Findings of Fact

1. Respondents Joseph Simons and Charles Weinberg are, and at all times herein material have been, president and secretary-treasurer, respectively, of respondent Newspaper and Mail Deliverers' Union of New York and Vicinity.

2. At all times herein material, respondents Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg have had full knowledge of the terms and requirements of the decree of this Court of December 21, 1950.

3. The notices to employees and union members, required by paragraph 2(b) of the decree of this Court of December 21, 1950, to be posted by respondent Newspaper and Mail Deliverers' Union of New York and Vicinity, its officers, representatives and agents, immediately upon receipt of copies of the notice from the Regional Director for the Second Region of the National Labor Relations Board, were not posted by respondent Newspaper and Mail Deliverers' Union of New York and Vicinity, or any of its officers, representatives or agents, until August 8, 1951. This was after service upon respondents of the order of this Court of July 31, 1951, requiring respondents to show cause why they should not be adjudged in contempt. The Regional Director for the Second Region of the National Labor Relations Board furnished copies of said notices to respondents both before and shortly after entry of said decree of this Court of December 21, 1950. Between the entry of the decree of this Court of December 21, 1950, and the filing of the petition herein for an adjudication in civil contempt, representatives of the National Labor Relations Board made repeated attempts through respondents Joseph Simons and Charles Weinberg, and other representatives of respondent Newspaper and Mail Deliverers' Union of New York and Vicinity, to secure compliance by respondents with said provisions of the decree of this Court of December 21, 1950.

4. Likewise, the notices to employees and union members, required by paragraph 2(c) of the decree of this Court of December 21, 1950, forthwith to be signed by respondent Newspaper and Mail Deliverers' Union of New York and Vicinity, its officers, representatives and agents, and returned to the Regional Director for the Second Region of the National Labor Relations Board for posting in the plants of Essex County News Company, Inc., were not signed by respondent Newspaper and Mail Deliverers' Union of New York and Vicinity, or its officers, representatives or agents, and returned to the Regional Director for the Second Region of the National Labor Relations Board until August 8, 1951, although representatives of the National Labor Relations Board, between the entry of this Court's decree of December 21, 1950, and the filing of the petition herein for an adjudication in civil contempt, tried repeatedly to induce respondents Joseph Simons and Charles Weinberg and other representatives of respondent Newspaper and Mail Deliverers' Union of New York and Vicinity, to comply with said provisions of the decree of this Court of December 21, 1950.

Conclusions of Law

1. Respondents Joseph Simons and Charles Weinberg are, and at all times herein material have been, officers, representatives and agents of respondent Newspaper and Mail Deliverers' Union of New York and Vicinity within the meaning of the decree of this Court of December 21, 1950.

2. By failing and refusing to post the said notices to employees and union members until August 8, 1951, respondents Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg disobeyed, disregarded and violated paragraph 2(b) of this Court's decree of December 21, 1950.

3. By failing and refusing to furnish the Regional Director for the Second Region of the National Labor Relations Board with signed copies of said notices for posting in the plants of Essex County News Company, Inc., until August 8, 1951, respondents Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg disobeyed, disregarded and violated paragraph 2(c) of this Court's decree of December 21, 1950.

Adjudication and Order

The National Labor Relations Board having duly petitioned this Court for an order adjudging Newspaper and Mail Deliverers' Union of New York and Vicinity, and its president and secretary-treasurer, Joseph Simons and Charles Weinberg, in civil contempt of this Court for having failed and refused to comply with and obey the provisions of the decree of this Court entered on December 21, 1950, which required said Newspaper and Mail Deliverers' Union of New York and Vicinity, and its officers, representatives and agents, immediately to post certain specified notices to employees and union members and forthwith to furnish signed copies thereof to the Regional Director of the Second Region of the National Labor Relations Board for posting in the plants of Essex County News Company, Inc.; the said Board also having requested this Court to institute, sua sponte, a prosecution of said Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg, for criminal contempt of this Court by reason of their having knowingly, and willfully and intentionally failed and refused to comply with and obey the said decree of this Court; this Court having on July 31, 1951, ordered said Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg to appear before this Court and show cause why they, and each of them, should not be adjudged in civil and criminal contempt of this Court; the matter having come on for hearing before this Court on October 3, 1951; the said Newspaper and Mail Deliverers' Union of New York and Vicinity, Joseph Simons and Charles Weinberg having appeared before this Court, personally and by counsel, and been afforded full opportunity to offer testimony, evidence and argument; the Court having made and entered findings of fact and conclusions of law in respect to the civil contempt; said Newspaper and Mail Deliverers' Union of New York and Vicinity and Joseph Simons having in open court pleaded guilty to the criminal contempt; and the Court being fully informed in the premises,

IT IS HEREBY ADJUDGED, ORDERED, AND DECREED that respondents Newspaper and Mail Deliverers' Union of New York and Vicinity, and Joseph Simons and Charles Weinberg, and each of them, are and have been, and they hereby are adjudged to be in civil contempt of this Court by reason of their refusal and failure to comply with and obey said paragraphs 2(b) and 2(c) of the decree of this Court entered on December 21, 1950; and

IT IS HEREBY FURTHER ADJUDGED, ORDERED, AND DECREED that respondents Newspaper and Mail Deliverers' Union of New York and Vicinity, and Joseph Simons, and each of them, have been and are guilty of criminal contempt of this Court by reason of their having knowingly, and willfully and intentionally, failed and refused to comply with and obey said paragraphs 2(b) and 2(c) of the decree of this Court entered on December 21, 1950; and

IT IS HEREBY FURTHER ADJUDGED, ORDERED, AND DECREED that respondent Charles Weinberg is not guilty of criminal contempt of this Court; and

IT IS HEREBY FURTHER ORDERED that respondents Newspaper and Mail Deliverers' Union of New York and Vicinity, and Joseph Simons and Charles Weinberg having now complied with said paragraphs 2(b) and 2(c) of the decree of this Court of December 21, 1950, shall further purge themselves of their said civil contempt of this Court by reimbursing the National Labor Relations Board within ten (10) days for its expenses necessarily incurred in connection with the prosecution of the said petition in civil contempt, including counsel fees, reporting fees and expenditures incurred in the investigation, preparation, presentation, and final disposition of said petition, by paying to the National Labor Relations Board the sum of $200. for its expenditures in connection therewith and by paying Everett G. Rodebaugh the sum of $288.07 for the expenses incurred in connection with the making of a transcript of the hearing before this Court; and

IT IS HEREBY FURTHER ORDERED that said Newspaper and Mail Deliverers' Union of New York and Vicinity be and it hereby is fined the sum of $25,000 for its criminal contempt of this Court. Said fine shall be paid by depositing a certified check or money order, or cash, in said amount with the Clerk of this Court within ten (10) days after service of a copy of this decree upon said Newspaper and Mail Deliverers' Union of New York and Vicinity; and

IT IS FURTHER ORDERED that said Joseph Simons be and he hereby is fined the sum of $5,000, for his criminal contempt of this Court. Said fine shall be paid by depositing with the Clerk of this Court a certified check or money order, or cash, in said amount within ten (10) days after service of this decree upon said Joseph Simons.

Order on Rehearing

Upon consideration of the petition for reargument and reconsideration on adjudication in criminal contempt filed herein and after full hearing.

IT IS ORDERED: that the adjudication and order entered herein October 3d, 1951 be and it hereby is amended by reducing the fine imposed upon Newspaper and Mail Deliverers' Union of New York and Vicinity for its criminal contempt of this court from $25,000 to $10,000 and by reducing the fine imposed upon Joseph Simons for his criminal contempt of this court from $5,000 to $2,000.

19511003

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.