N.L.R.B. v. Teamsters, Chauffeurs, Helpers & Taxicab Drivers, Local No. 327, 19947

• Decision Date: 18 January 1979
• Docket Number: No. 19947,19947
• Citation: 592 F.2d 921
• Parties: 100 L.R.R.M. (BNA) 2756, 85 Lab.Cas. P 11,198 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TEAMSTERS, CHAUFFEURS, HELPERS & TAXICAB DRIVERS, LOCAL NO. 327, Respondent, and W. L. Ellis, Additional Respondent in Contempt.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 921

592 F.2d 921

100 L.R.R.M. (BNA) 2756, 85 Lab.Cas. P 11,198

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TEAMSTERS, CHAUFFEURS, HELPERS & TAXICAB DRIVERS, LOCAL NO 327, Respondent and W. L. Ellis, Additional Respondent in Contempt.

No. 19947.

United States Court of Appeals Sixth Circuit.

Jan. 18, 1979.

Elliott Moore, Deputy Associate Gen. Counsel, Paul Elkind, James P. Hendricks, Howard Fine, National Labor Relations Board, Washington, D. C., John J. A. Reynolds, Jr., Director, Region 26, N. L. R. B., Memphis, Tenn., for petitioner.

Donald J. Vestal, White & Vestal, Edward White, Cecil D. Branstetter, Carroll D. Kilgore, Nashville, Tenn., for respondent.

Before LIVELY, Circuit Judge, and PHILLIPS and PECK, Senior Circuit Judges.

ORDER

CONTEMPT ADJUDICATION

This cause was heard upon the petition of the National Labor Relations Board to adjudge Teamsters, Chauffeurs, Helpers & Taxicab Drivers, Local No. 327 and W. L. Ellis, its president, in civil contempt for having failed and refused to comply with judgments of this Court issued on January 18, 1972, and November 18, 1974. Upon the Board's petition of December 9, 1976, and Respondents' answer, the Court referred this matter for hearing to the Honorable C. G. Neese, Judge of the United States District Court for the Eastern District of Tennessee, on January 20, 1977. The Master filed his report on June 28, 1977, in which he found that the Respondents committed 37 separate violations of the Court's decrees. That report is made a part hereof as Appendix A. Upon exceptions filed by the Respondents, briefs, and oral argument, we have decided to affirm the Master's report and assess the Union with a compliance fine of $37,000 for the 37 violations found, which is in accord with our order in the previous contempt case. In consideration thereof, it is hereby

ORDERED AND ADJUDGED that the Respondents Local 327 and W. L. Ellis, its president, are in civil contempt for disobeying the decree of January 18, 1972, and the earlier civil contempt adjudication of November 18, 1974.

IT IS FURTHER ORDERED that Local 327 shall pay to the National Labor Relations Board the sum of $37,000, which is hereby imposed as a compliance fine against Local 327 for the 37 violations of the November 18, 1974, contempt adjudication. Said fine shall constitute a judgment and be payable within 30 days from the date of this order, and it is

FURTHER ORDERED that Local 327, its officers, agents, and representatives and Ellis, individually shall purge themselves of such contempt by:

A. Fully complying with and obeying this Court's decree of January 18, 1972, and the earlier civil contempt adjudication of November 18, 1974, and not in any way, by action or inaction, committing, engaging in, inducing, encouraging, or condoning any violation of the said judgment or contempt adjudication;

B. Immediately duplicating at Local 327's expense and posting in conspicuous places at Local 327's business offices, including all places within its jurisdiction where notices to members are customarily posted, for a period of sixty (60) consecutive days, copies of the contempt adjudication C. Signing and mailing sufficient copies of said Notice to the Regional Director for the NLRB's Twenty-Sixth Region, for posting at the offices of Nicholstone and Kroger, if such be willing;

and of the attached Notice (see Appendix B) signed by an officer of Local 327 on behalf of Local 327 and by Ellis individually which states that Local 327 and Ellis have been adjudicated in civil contempt of this Court for violating and disobeying, and failing and refusing to comply with this Court's said decrees, and that Local 327 will undertake forthwith the action ordered in purgation, said notices, together with a copy of the contempt adjudication to be maintained in clearly legible condition throughout such posting period, and ensure that they are not altered, defaced or covered by any other material;

D. Signing and mailing copies of said Notice, and of the adjudication, to all employers with whom the Union has a signed agreement; and signing and mailing copies of the Notice and of the adjudication to all members of the Union; and reading said Notice by an appropriate officer of the Union at a general meeting of the membership;

E. Filing separate sworn statements with the Clerk of this Court and copies thereof with the Regional Director of the Twenty-Sixth Region of the National Labor Relations Board in writing within fifteen (15) days after the entry of the adjudication, and again upon termination of the posting period showing what steps have been taken by Local 327 and Ellis to comply with the Court's directions; and

F. Paying to petitioner, as court costs, all costs, salaries, including attorney's salaries, and expenditures incurred in the investigation, preparation, presentation, and final disposition of this proceeding to adjudge Local 327 and Ellis in civil contempt.

In view of the Respondent's recalcitrance and in order to deter future violations and assure compliance with the provisions of this purgation order and the previous decrees, it is further ORDERED that upon a failure of Local 327's officers and agents to take the action and inaction herein provided, this Court shall impose a compliance fine of $5,000 for each and every violation and a further compliance fine of $2,500 per day for each and every day that such violation continues; and a compliance fine of $2,000 against Respondent Ellis and any other individual who with knowledge of this order acts in concert and participation with Local 327 or Ellis for each and every violation of the foregoing provisions and a further compliance fine of $1,000 per day against each and every individual for each day that such violation continues.

IT IS FURTHER ORDERED that upon the failure of the Union or Ellis to purge themselves of civil contempt, the Court will, upon application of the Board, cause a writ of body attachment to be issued for service upon the Union, Ellis, and any officer, agent, or representative responsible for such non-compliance, and shall take such further steps as the Court may deem appropriate to ensure compliance with the judgment of this order.

APPENDIX A

No. 19,947

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

NATIONAL LABOR RELATIONS

BOARD,

Petitioner,

v.

TEAMSTERS, CHAUFFEURS,

HELPERS AND TAXICAB

DRIVERS, LOCAL UNION

NO. 327, ETC.,

W. L. ELLIS,

Respondents.

REPORT OF THE SPECIAL MASTER

May it please the Court:

Responsive to the Court's order of January 20, 1977 herein, the undersigned master took testimony and received evidence with respect to the issues raised by the pleadings herein, as amended, in Nashville, Tennessee on March 21-23, 1977, inclusive. The master entertained and disposed of motions pursuant to the Federal Rules of Civil Procedure relating to discovery and the amendment and supplementation of the pleadings. The master engaged Ms. Gustava McC. Smith, a qualified reporter, who took and transcribed the testimony at such hearing, and directed the petitioner National Labor Relations Board to pay such reporter's charges in the first instance when duly billed therefor.

The master files herewith with the clerk of this Court such transcript of the proceedings and of the evidence; the original exhibits received; and this report, including his findings of fact and conclusions of law. A copy of such report is being served simultaneously by postal service upon counsel for the respective parties.

The master made the following

FINDINGS OF FACT:

1. This Court ordered on January 18, 1972 the respondents Teamsters, Chauffeurs, Helpers and Taxicab Drivers, Local Union No. 327 (union) and the respondent Mr. W. L. Ellis, as an officer thereof, to, Inter alia :

* * * cease and desist from restraining or coercing the employees * * * of any * * * employer within its (the union's) territorial jurisdiction * * * by mass picketing or otherwise blocking ingress or egress of employees at said companies' premises, by causing or threatening to cause physical harm to employees, by causing or threatening to cause damage to the property of said companies or their employees; or in any other manner restraining or coercing said employees. * * *

National Labor Relations Board, petitioner, v. Teamsters, Chauffeurs, Helpers and Taxicab Drivers, Local Union No. 327, respondent, no. 19,947, this Court.

2. This Court ordered on November 18, 1974 that the aforenamed respondents conduct themselves consistently in all respects with the aforementioned judgment of January 18, 1972 and, Inter alia, not in any way, by action or inaction, to commit, engage in, induce, encourage, permit or condone any violation of the said judgment, and specified by reiteration that such respondents not engage in any of the actions as set forth in finding of fact no. 1, Supra. Idem.

3. The orders of this Court, described in findings of fact nos. 1, 2, Supra, were in force and had continued effectiveness at all subsequent dates alluded to in these findings.

4. The respondent union, through its co-respondent, and the respondent Mr. Ellis had knowledge at all pertinent times of the purport of the aforementioned orders.

5. The actions of the respondent Mr. Ellis and certain other individual members of the respondent union, found hereinafter in these findings of fact, occurred within the territorial jurisdiction of the respondent union, Viz., in territory encompassed and bounded by the Alabama-Tennessee line on the South, the (westernmost portion in Tennessee of) the Tennessee River on the West, the Kentucky-Tennessee line on the North, and the foot of Cumberland Mountain (west of Crossville, Tennessee) on the East, and upon or adjacent to the respective premises of an employer The Kroger Company (Kroger) or of an employer Nicholstone Book Bindery, Inc. (Nicholstone), with each of which such employers the respondent union was engaged at all pertinent times in...