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National Labor Relations Board v. L. B. Hosiery Co.

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT


June 25, 1954

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
L. B. HOSIERY COMPANY, INCORPORATED, AND LEE MAISEL, DOING BUSINESS AS MYERSTOWN HOSIERY MILLS, RESPONDENTS

Author: Mclaughlin

Before MCLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

Adjudication and Decree

MCLAUGHLIN, C.J.: The National Labor Relations Board having petitioned this Court to adjudge respondents herein, their officers and agents, in civil contempt of this Court for having failed and refused, and continuing to fail and refuse, to obey the decrees entered herein on April 18, 1951, and January 16, 1954, and for other civil relief; and this Court having on June 7, 1954, issued its Order to Show Cause directing respondents, their officers and agents, to answer the allegations of said petition and to appear before this Court on June 21, 1954, and show cause, if any there be, why they should not be adjudged in civil contempt as prayed for in said petition; and the parties having thereafter appeared before this Court on June 21, 1954; and respondents being represented in court by counsel and by Jack Lustman, their agent; and counsel for respondents having conceded and stipulated, in the presence of said Jack Lustman, that Myerstown Hoisery Mills, Inc. is a successor to respondents within the meaning of the said decrees; and full opportunity having been afforded the parties to present evidence and argument; and the Court having heard oral argument; and it appearing to this Court from the pleadings and proceedings and argument of counsel that respondents hereinabove named and said Myerstown Hosiery Mills, Inc., their officers and agents, have failed and refused to comply with said decrees in that they have failed and refused to make whole the following named employees for loss of pay suffered by them by reason of the discrimination against them, as heretofore found and directed by the Court, by paying to them the sum set forth opposite their respective names, as follows:

Howard Kiscaddin $2,457.79

Lillian Gassert 304.00

Carrie Gassert 84.60

Grace Breidigen 304.00

Edith Schaeffer 24.48

Hilda Miller 238.64

Pauline Haffer 254.15

James R. Ludwig $4,174.87

Edwin L. Williamson 2.692.57

Russell R. Lutz 1,828.82

Francis Matz 3,806.72

Helen Kline 257.12

Paul Garnet 3,571.50

and The L. B. Hosiery Co., Incorporated, Lee Maisel, doing business as Myerstown Hosiery Mills, and Myerstown Hosiery Mills, Inc. having represented to this Court during the course of argument that they will hereafter comply with said decrees by making the aforesaid payments; and this Court being fully informed in the premises;

IT IS HEREBY FOUND, ORDERED, ADJUDGED AND DECREED that Myerstown Hosiery Mills, Inc. is a successor to the respondents hereinabove named within the meaning of the decrees of this Court entered herein on April 18, 1951, and January 16, 1954; and it is

FURTHER FOUND, ORDERED, ADJUDGED AND DECREED that respondents, The L. B. Hosiery Co., Incorporated, and Lee Maisel, doing business as Myerstown Hosiery Mills, and Myerstown Hosiery Mills, Inc., their officers and agents, 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 fully comply with the decrees of this Court entered herein on April 18, 1951, and January 16, 1954; and it is

FURTHER ORDERED, ADJUDGED AND DECREED that said The L. B. Hosiery Co., Incorporated, Lee Maisel, doing business as Myerstown Hosiery Mills, and Myerstown Hosiery Mills, Inc., their officers and agents, may purge themselves of their said civil contempt of this Court by:

(1) Paying, within sixty (60) days from the date of this adjudication and decree, to the following named employees the sums of money set forth opposite their names, respectively, plus interest at the rate of six (6%) percent from January 16, 1954:

Howard Kiscaddin $2,457.79

Lillian Gassert 304.00

Carrie Gassert 84.60

Grace Breidigen 304.00

Edith Schaeffer $24.48

Hilda Miller 238.64

Pauline Haffer 254.15

James R. Ludwig 4,174.87

Edwin L. Williamson 2,692.57

Russell R. Lutz 1,828.82

Francis Matz 3,806.72

Helen Kline 257.12

Paul Garnet 3,571.50

(2) Making such payments by delivering to the Regional Director of the Fourth Region of the National Labor Relations Board at Philadelphia, Pennsylvania, within sixty (60) days from the date of this adjudication and decree, money orders or certified checks payable to each of the said employees in the respective amounts as set forth above:

(3) Paying as and for costs and expenses necessarily incurred by the National Labor Relations Board in connection with the prosecution of the said petition in civil contempt, including counsel fees and other expenditures incurred in the investigation, preparation, presentation, and final disposition of these civil contempt proceedings, a sum of money to be fixed by this Court, upon information to be furnished by the National Labor Relations Board. Said payment shall be made as follows:

(a) As and for fees for reporting and transcribing the proceedings held before this Court on June 21, 1954, a sum of money in an amount to be fixed by the Court, upon information to be furnished by the Board, shall be paid, within ten (10) days after the Court so fixes the amount, by mailing, by registered mail, directly to Acme Reporting Company, 810-18th Street, N.W., Washington, D.C., a certified check or money order in said amount payable to Acme Reporting Company.

(b) As and for all other costs and expenses, a sum of money to be fixed by the Court, upon information to be furnished by the National Labor Relations Board, shall be paid to the National Relations Board, by certified check or money order payable to the Treasurer of the United States and sent by registered mail to Winthrop A. Johns, Assistant General Counsel, National Labor Relations Board, Washington, D.C.

(c) The payments referred to above in paragraphs (a) and (b) shall be made within sixty (60) days after said sums are fixed by this Court, as set forth above.

IT IS HEREBY FURTHER ORDERED AND DECREED that in the event of the failure on the part of the said The L. B. Hosiery Co., Incorporated, Lee Maisel, doing business as Myerstown Hosiery Mills, and Myerstown Hosiery Mills, Inc., their officers and agents, to purge themselves of civil contempt by making the payments to the employees as hereinabove directed, within sixty (60) days of the date hereof, this Court will make such further order providing for such coercive penalties, and for such other relief, as to this Court may seem just and proper in the premises, and that in the event of failure to pay the cost and expenses to be hereafter fixed, within the time provided therefor, this Court will make such further order providing for coercive penalties, and such other relief, as to the Court may seem just and proper in the premises.

19540625

© 1998 VersusLaw Inc.



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