civil contempt. Section 3692, 18 U.S.C. provides for a jury trial in 'all cases of contempt arising under the laws of the United States governing the issuance of injunctions or restraining orders in any case involving or growing out of a labor dispute * * *'
We believe that Section 10(l) of the National Labor Relations Act is not a law governing the issuance of injunctions in cases involving labor disputes. Rather, it is a law governing the issuance of injunctions in cases involving unfair labor practices. See N.L.R.B. v. Red Arrow Freight Lines, 5 Cir., 1952, 193 F.2d 979.
Order Adjudging Respondent in Civil Contempt of Court and Prescribing Terms of Purgation
This cause having come on to be heard upon the verified petition of Bennet F. Shauffler, Regional Director of the Fourth Region of the National Labor Relations Board, on behalf of said Board, for a judgment in civil contempt of court against Local 1291, International Longshoremen's Association, respondent herein, and upon an order to show cause issued herein on October 31, 1960, directing respondent to show cause why it should not be adjudged in contempt of court as prayed in said petition; and the Court, having considered the pleadings, evidence, briefs, and arguments of counsel, and the entire record in this cause, and having made and filed its Findings of Fact and Conclusions of Law, and having had due deliberation thereon,
Now, therefore, upon the entire record, it is
Ordered, Adjudged and Decreed, that respondent, Local 1291, International Longshoremen's Association, be, and it hereby is adjudged in civil contempt of this Court for violating, resisting, disobeying and failing and refusing to comply with the order of this Court entered herein on August 18, 1960; and it is
Further Ordered, Adjudged and Decreed that respondent Local 1291, International Longshoremen's Association shall purge itself of its said contempt by taking the following action, all of which action said respondent is hereby ordered to take:
1. Forthwith fully complying with all the provisions of the order of this Court entered herein on August 18, 1960.
2. Forthwith ceasing and desisting from, in any manner or by any means, including picketing, orders, directions, instructions, requests, or appeals, however given, made or imparted, or by any like or related acts or conduct, or by permitting any such to remain in existence or effect, engaging in, or inducing or encouraging any individual employed by Northern Metal Company (herein called Northern), or by any other person engaged in commerce, to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any service, or in any manner or by any means, threatening, coercing, or restraining Northern Metal Company, or any other person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is to force or require Northern Metal Company to assign the work of moving motor vehicles to be loaded upon or unloaded from ships, to and from the point where such vehicles are taken over by, or released from 'the hook', to employees who are members of, or represented by, Local 1291, International Longshoremen's Association, rather than to employees who are members of, or represented by, Local 14, Industrial Union of Marine and Shipbuilding Workers of America, AFL-CIO, or who are not members of or represented by Local 1291, International Longshoremen's Association.
3. Forthwith discontinuing all the acts and conduct set forth in Findings of Fact 5, 6, 7, 8, and 9 as well as any and all like or related acts and conduct.
4. Forthwith notifying and instructing its members and all employees represented by it that, pending the final disposition of the matters involved pending before the National Labor Relations Board, they shall not refuse to perform services for Northern in connection with the loading or unloading of motor vehicles because employed in gangs of fifteen men rather than in gangs of twenty-two men, or to take any other action or engage in any other conduct to compel Northern to employ respondent's members, or stevedoring employees represented by it, in gangs of twenty-two men rather than in gangs of fifteen men for such operations.
5. Taking all steps necessary or required to insure that such notice and instructions are complied with by respondent's members and all persons represented by it.
6. Filing with the Clerk of this Court and with petitioner, within five (5) days after the entry of the order of adjudication in contempt, a sworn statement showing the steps taken by it to comply with the Court's said order of adjudication.
7. Paying to the Board, as costs, reasonable counsel fees and all costs and expenditures incurred by the Board in the investigation, preparation, presentation and final disposition of this proceeding to adjudge respondent in civil contempt.
8. Appearing before this Court by an authorized representative on Monday, December 12, 1960, at 2 p.m. and at such further times as the Court may direct, and show this Court that respondent has fully complied with this order.
It is Further Ordered, Adjudged and Decreed, that, upon a failure to so purge itself, attachment for civil contempt shall issue against respondent.
It is Further Ordered, Adjudged and Decreed, that, in the event respondent Local 1291, International Longshoremen's Association fails or refuses to comply with the purgation provisions of this order or continues to fail or refuse to comply with this Court's order of August 18, 1960, a compliance fine of $ 1000, is hereby imposed upon Local 1291, International Longshoremen's Association, for said contempt, said sum to be paid to petitioner on behalf of the United States of America, and an additional sum of $ 100 shall likewise be paid by said respondent for each day, or part thereof, during which it shall fail to comply with the provisions of this order and of the order of August 18, 1960, and petitioner shall have execution therefor; provided, however, that at any time after sixty (60) days from the date of this order respondent may apply to this Court on ten (10) days notice to petitioner, to be relieved of this provision, upon a satisfactory showing that it has fully complied with this order and the order of August 18, 1960, and that it intends in good faith to continue such compliance.
© 1992-2004 VersusLaw Inc.