NATIONAL LABOR RELATIONS BOARD v. Taormina
| Decision Date | 09 May 1957 |
| Docket Number | No. 14362.,14362. |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. E. A. TAORMINA, A. F. Taormina, Mrs. Madeline M. Taormina, Charles Messina, and Frank Culucchia, Co-Partners, d/b/a Taormina Company, Respondents. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Ruth V. Reel, Julius G. Serot, Winthrop A. Johns, Attys., N.L.R.B., David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, Washington, D. C., for petitioner.
Scott Toothaker, Orville I. Cox, McAllen, Tex., for respondents.
Before HOLMES, BORAH and RIVES, Circuit Judges.
The National Labor Relations Board (hereinafter called the board) seeks an adjudication in civil contempt against the respondents for failing to comply with the decree of this court entered on the 5th of November, 1953. The board's decision and order are reported in 94 N.L.R.B. 884. The opinion of this court is reported in 207 F.2d 251. The issue presented is whether the respondents have contumaciously refused to bargain collectively with Citrus Canning Workers and Food Processors Union No. 24,473, A.F.L. as the exclusive representative of all their employees.
The board's petition for adjudication in civil contempt was set for a pretrial hearing before Judge Rives, a member of this court, on November the 9th, 1956. Attorneys for both sides were present. Immediately after the conference was concluded, and as a result thereof, Judge Rives wrote that no formal pretrial order was called for but that the following understandings were reached:
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