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SCHAUFFLER EX REL. NLRB v. LOCAL 1291

November 30, 1960

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.
LOCAL 1291, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, Respondent



The opinion of the court was delivered by: EGAN

This cause came on to be heard upon the verified petition of Bennet F. Shauffler, Regional Director of the Fourth Region of the National Labor Relations Board (herein called the Board), praying for an adjudication in civil contempt and for other civil relief, and upon the issuance of an order to show cause why respondent should not be adjudged in civil contempt of this Court as prayed in said petition. A hearing on the issues raised by said petition and answer hereto was duly held beginning on November 17, 1960. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, to present evidence bearing on the issues, and to argue on the evidence and the law.

In its answer and accompanying document entitled 'Objections and Exceptions to Order to Show Cause for Adjudication in Civil Contempt and Motion to Vacate' respondent objected to this proceeding on the grounds that the petition failed to state a cause of action; that this Court had no authority to enter the Order to Show Cause issued on October 31, 1960; that this Court erred in requiring respondent to answer by verified answer; that this Court erred in requiring said answer to be filed in less than twenty days; that this Court erred in setting a hearing on the petition in less than ten days; that the Order to Show Cause is in conflict with the Federal Rules of Civil Procedure, 28 U.S.C.A. and that respondent was entitled to a jury trial under Title 18 U.S.C.A. 3692. This Court after due deliberation having found and ruled that there is no merit in law or fact for said objections; and the Court having fully considered the petition, answer, evidence, arguments, and briefs of counsel, upon the entire record, makes the following:

 Findings of Fact

 1. On August 18, 1960, this Court entered its Order Granting Injunction herein directing, in pertinent part, as follows:

 'Ordered, Adjudged and Decreed that, until the final disposition of the matters involved pending before the National Labor Relations Board, respondent Local 1291, International Longshoremen's Association, its officers, representatives, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with it, be, and they hereby are, enjoined and restrained 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, 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 neans, 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.'

 2. The said order has been in full force and effect since its entry, and, at all times material herein, respondent has had notice and actual knowledge of its terms.

 3. At times material herein, Northern Metal Company (herein called Northern), pursuant to a contract with the United States Army, was engaged in the loading aboard and unloading from ocean going vessels of motor vehicles shipped in foreign commerce.

 4. At all times material herein, Northern assigned to employees who are members of, or represented by Local 14, Industrial Union of Marine and Shipbuilding Workers of America, AFL-CIO, (herein called Local 14), or who are not members of or represented by Respondent, 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'.

 5. Since entry of said injunction order, Respondent has failed effectively to revoke its prior orders, directions, instructions, requests and appeals which this Court found Respondent had issued, directed and made to employees who were members of, or represented by it, not to perform services for Northern unless the latter assigned the work of moving motor vehicles being loaded aboard 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 Respondent, but, on the contrary, Respondent has permitted its aforesaid prior orders, directions, instructions, requests and appeals to remain in existence and effect.

 6. As a result of Respondent's aforesaid conduct, said employees of Northern have continued, since entry of said injunction order, to refuse to perform services for Northern in connection with such loading or unloading of motor vehicles. Said employees continue to refuse to perform services for Northern in connection with said loading or unloading unless Northern employs employees who are members of or represented by Respondent in gangs of twenty-two rather than fifteen (15) men.

 7. By its aforesaid conduct set forth in Findings of Fact 5 and 6, above, Respondent has, since entry of this Court's injunction order of August 18, 1960, continued to engage in, and to induce and encourage employees who are members of or represented by Respondent to engage in strikes or refusal to use, manufacture, process, transport, or otherwise handle or work on goods, articles, materials or commodities, or to perform services for Northern, and has continued to threaten, coerce and restrain Northern.

 8. By its conduct, described above, in Findings of Fact 5, 6 and 7, Respondent, since entry herein of the injunction order of August 18, 1960, has been violating, resisting, disobeying and failed and refused to comply with, and continues to violate, resist, disobey and fail and refuse to comply with, said injunction order of this Court.

 9. Respondent is engaging in the conduct set forth in .findings of Fact 5, 6, 7 and 8, above, with an object of forcing or requiring Northern to assign the work of moving of motor vehicles to and from the point where they are taken over by or released from 'the hook' to employees who are members of, or represented by, Respondent rather than to employees who are members of, or represented by Local 14, or who are not members of or represented by Respondent.


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