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SCHAUFFLER EX REL. NLRB v. UNITED ASSN. OF JOURNEY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA


December 12, 1956

Bennet F. SCHAUFFLER, Regional Director of the Fourth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner,
v.
UNITED ASSOCIATION OF JOURNEYMEN & APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL 420, AFL, Al McHenry, its Business Manager, and John Small, its Business Agent, Respondents

The opinion of the court was delivered by: GRIM

In this case an injunction was issued against the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 420, AFL and its officers and agents. The decree awarding the injunction was affirmed by the Court of Appeals, 3 Cir., 218 F.2d 476. The Association and two of its agents violated the injunction and were found guilty of both criminal and civil contempt by this court. The Association was fined $ 1,000 and each of the two guilty agents was fined $ 200. At the time I imposed the sentences, in addition to imposing the fines in definite sums, I stated:

'I will impose the taxable costs and then you (the petitioner in this case) will have to bring your action to collect what taxable costs are. I am not going to pass at this time on what taxable costs are. However, the record should note that I am imposing the taxable costs upon the defendant in the civil (contempt) action.'

 The order imposing the fines upon the respondents was sustained by the Court of Appeals, 3 Cir., 230 F.2d 572. A petition for certiorari was denied by the United States Supreme Court. 352 U.S. 825, 77 S. Ct. 37, 1 L. Ed. 2d 48. The remand to this court was filed on October 29, 1956.

  The regional Director of the National Labor Relations Board was the plaintiff in the injunction proceedings. He was also the prosecutor in the proceedings to have respondents adjudicated to be in contempt of court. He has now filed a petition to determine what the taxable costs are and to have the taxable costs assessed against the respondents in the civil contempt action. He has asked that among the taxable costs be included his investigation and litigation expenses for the prosecution of the contempt cases both in this Court and the Court of Appeals. He asks that the following be imposed as taxable costs against the respondents: 'For expenses incurred and proportionate amount of salaries for time spent by Board attorneys and investigators in connection with the preparation, presentation and final disposition of the petition in civil contempt, including the brief and argument on appeal, and the preparation of brief in opposition to appellants' motion for a rehearing in the Court of Appeals; "1. Reporter's charge for copy of transcript of tes- timony adduced at trial before the District Court, which was re- quired in connection with respondents' appeal from the contempt adjudica- tion $166.80 "2. Cost of printing brief on appeal 160.22 "3. Amount of salaries for time spent by Board at- torneys from Washing- ton, D.C. "(A) William W. Kapell "(1) per diem and fares incurred in traveling to and working in Philadelphia 232.29 "(2) salary for 20 days spent in working on case at $37 per day 740.00 "(B) Winthrop A. Johns "(1) per diem and fares incurred in traveling to Philadelphia to argue appeal 30.02 (2) time spent on appeal, argu- ment thereof, and opposition to motion for rehearing 5 days at $47.76 per day 238.80 "4. Time spent by attorneys and investigators of the Philadelphia Regional Office in preparing the contempt case for hear- ing. "(A) Leonard Leven- thal, field attor- ney, investiga- tion and prepar- ation for trial, attendance at trial and con- ferences, 90 hours at $3.07 per hour 276.30 "(B) Alan Zurlnick, field examiner, investigation and conferences, 40 hours at $3.- 64 per hour 145.60 (C) Herbert B. Mintz, field attorney, investigation, 2 hours at $3.07 per hour 6.14 "Total $1,996.17"

19561212

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