National Labor Relations Board v. Lawley, 12705.

Decision Date07 June 1950
Docket NumberNo. 12705.,12705.
Citation182 F.2d 798
CourtU.S. Court of Appeals — Fifth Circuit

M. A. Prowell, Special Counsel, N.L.R.B., Atlanta, Ga., A. Norman Somers, Assistant General Counsel, N.L.R.B., Washington, D. C., for petitioner.

Frank Embry, Pell City, Ala., for respondents.

Before HOLMES, WALLER, and BORAH, Circuit Judges.

HOLMES, Circuit Judge.

This is a proceeding in civil contempt. On Dec. 10, 1948, the petitioner and respondents consented to the entry of a decree by this court enforcing an order of the National Labor Relations Board, requiring the respondents to bargain with the International Woodworkers of America, to offer reinstatement to twenty named employees, and to pay to each of said employees a specified sum found to be owing them by the Board because of respondents' discrimination against them. The petition to have respondents adjudged in civil contempt alleges that respondents have disobeyed the decree entered by this court on March 4, 1949, in that they have not paid to any of the employees any part of the sums which they were commanded to pay. A rule to show cause was issued, and the respondents filed a motion in this court to dismiss the petition on the ground that the petitioner was without authority to maintain the proceedings because a labor organization, known as the International Woodworkers of America, was not the representative of the parties named in the petition; but that question and issues presented by the petition are moot.

Without waiving its motion to dismiss, the respondents answered the petition, denying that they had failed and refused to obey the provisions of the decree, and alleging that they had in good faith complied with the court's decree. In support of their position, they filed affidavits showing that twelve of the employees had received checks and had endorsed them back to respondents, but the evidence does not convince us that the endorsement and redelivery of these checks was a free and uncoerced act of these employees. Photostatic copies of the checks have been supplied us. In reply to respondents' answer, the petitioner filed affidavits showing that none of the employees received any part of the proceeds of the checks and that respondents have not paid eight of the named employees anything, but offered to deliver them checks for the amount due them only on the condition that the Board agree that delivery thereof would satisfy all of respondents' obligations for the payment of money under the court decree and constitute full compliance on its part. The Board refused...

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10 cases
  • United Factory Outlet, Inc. v. Jay's Stores, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • February 4, 1972
    ...that they 'were acting in good faith may be taken into consideration in mitigation of their offense'). National Labor Relations Bd. v. Lawley, 182 F.2d 798, 800 (5th Cir.) Evans v. International Typographical Union, 81 F.Supp. 675, 688 (S.D.Ind.). 3 Singer Mfg. Co. v. Sun Vacuum Stores, Inc......
  • National Labor Relations Board v. Deena Artware
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • December 13, 1958
    ...that section the deliberate refusal to comply with a back pay award, when financially able to do so, is contempt of court. N. L. R. B. v. Lawley, 5 Cir., 182 F.2d 798; N. L. R. B. v. Lightner Pub. Corp., 7 Cir., 128 F.2d 237, 241. See: Fleming v. Warshawsky & Co., 7 Cir., 123 F.2d 622, 626.......
  • Burr v. NLRB
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 18, 1963
    ...F.2d 255. 22 Amalgamated Utility Workers v. Consolidated Edison Co., 1940, 309 U.S. 261, 60 S.Ct. 561, 84 L.Ed. 738; N. L. R. B. v. Lawley, 5 Cir., 1950, 182 F.2d 798; May Department Stores Co. v. N. L. R. B., 1945, 326 U.S. 376, 388-393, 66 S.Ct. 203, 90 L.Ed. 23 See Judge Friendly's discu......
  • Florida Steel Corp. v. N.L.R.B.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 15, 1981
    ...compliance with this court's orders. N.L.R.B. v. Crown Laundry & Dry Cleaners, Inc., 437 F.2d 290 (5th Cir. 1971); N.L.R.B. v. Lawley, 182 F.2d 798 (5th Cir. 1950). We need not, therefore, address the question of wilfulness. 9 Finally, in reviewing the Special Master's findings of fact, we ......
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