NLRB v. Southwestern Colorado Contractors Ass'n, 8810.
| Decision Date | 02 September 1971 |
| Docket Number | No. 8810.,8810. |
| Citation | 447 F.2d 968 |
| Parties | NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SOUTHWESTERN COLORADO CONTRACTORS ASSOCIATION and its Members et al., Respondents. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Peter Ames Eveleth, Atty. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Paul Elkind and Lynn D. Poole, Attys., on the brief), for petitioner.
Harold B. Wagner, Denver, Colo. (Dean B. Venatta, Denver, Colo., and Robert Parga, Cortez, Colo., on the brief), for respondents.
Before LEWIS, Chief Judge, and ALDISERT* and BARRETT, Circuit Judges.
By petition filed in this court the National Labor Relations Board sought an appropriate order of the court adjudicating respondents to be in civil contempt for failing and refusing to comply with an order of enforcement entered by the court following its decision in NLRB v. Southwestern Colorado Contractors, et al., 10 Cir., 379 F.2d 360. The allegations of the Board's petition were denied by respondents and the issues thus joined were referred by order dated January 8, 1969 to the Honorable Albert T. Frantz, former Chief Justice of the Colorado Supreme Court, to address himself to such issues as Special Master and report to this court and recommend appropriate findings and conclusions. On July 14, 1970 after conducting extensive evidentiary hearings, the Special Master filed his report and recommendations with the ultimate recommendation that each of the five now remaining respondents be absolved from the charges of contempt. The matter is now before us upon exceptions taken by the Board to the report and recommendations of the Special Master.
In our earlier decision, 379 F.2d 360, we held that the Southwestern Colorado Contractors Association and its individual members had violated section 8(a) (5) and (1) of the National Labor Relations Act by refusing to bargain with a designated union. The basis of the violation was the untimely dissolution of the Association as a multiemployer bargaining unit. The Board, however, did not seek re-activation of the Association as such and consequently our order of enforcement required the individual respondents to:
Recognize and, upon request bargain collectively and jointly with Colorado State Council of Carpenters and Carpenters District Council of southern Colorado, AFL-CIO, with respect to rates of pay, wages, hours of employment, and other conditions of employment, and if an understanding is reached, embody such understanding in a signed collective bargaining agreement.
The premises of the Special Master in recommending that present respondents be absolved from contempt charges are two: First, that the original multiemployer bargaining entity, consisting of fifteen employers, became so fragmented during negotiations undertaken after the entry of our enforcement order, that the bargaining unit dissipated; and second, that of the now remaining five respondents "only three (possibly four)" are properly named as present respondents and these employers did bargain in good faith in view...
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