NLRB v. United Mine Workers of America, 14226.

• Decision Date: 18 April 1968
• Docket Number: No. 14226.,14226.
• Citation: 393 F.2d 265
• Parties: NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED MINE WORKERS OF AMERICA, and District 30, United Mine Workers of America, Respondents.
• Court: U.S. Court of Appeals — Sixth Circuit

393 F.2d 265 (1968)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED MINE WORKERS OF AMERICA, and District 30, United Mine Workers of America, Respondents.

No. 14226.

United States Court of Appeals Sixth Circuit.

April 18, 1968.

Gregory L. Hellrung, National Labor Relations Board, Washington, D. C., for petitioner, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Paul Elkind, Atty., National Labor Relations Board, Washington, D. C., on the brief.

M. E. Boiarsky, Charleston, W. Va., for respondents, Edward L. Carey, Harrison Combs, Willard P. Owens, Washington, D. C., H. B. Noble, Hazard, Ky., on the brief.

Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.

PER CURIAM.

The National Labor Relations Board filed a petition to adjudge in civil contempt United Mine Workers of America, District 30 United Mine Workers of America and their agents, C. E. Beane, Joseph Castle, Joseph Davis, Noble Hobbs, Walter Akers and J. D. Newberry, in that said respondents failed and refused to comply with the decree of this Court of May 20, 1960. Said decree directed that respondents and their officers, agents, successors and assigns, not:

"* * * Restrain and coerce employees * * * of any * * * employer engaged in coal mining operations or in processing, transporting and/or distributing coal within the geographical limits of the territorial jurisdiction of District 30, United Mine Workers of America * * * in the exercise of their rights guaranteed by Section 7 of the National Labor Relations Act, by engaging in and/or participating in conduct more fully described * * * as:

"* * * Exerting force or committing acts of force and violence against said employees, injuring the person or damaging the property of said employees by following them in superior numbers, using or threatening to use force or violence against said employees, assaulting employees, attempting to assault employees, threatening them with reprisals, barring their ingress to and egress from their places of employment, preventing them physically from working or in any other manner restraining or coercing them in the exercise of said rights. * *"

Respondents filed answers denying that they have disobeyed the decree.

After hearing oral arguments on the petition and answers, this Court entered an order of reference on January 3, 1967, appointing the Honorable Charles G. Neese, United States District Judge for the Eastern District of Tennessee, as Special Master to hear evidence and report to the Court whether respondents were in civil contempt for violating, disobeying and failing and refusing to comply with the Court's decree.

The Special Master filed a comprehensive report under date of December 5, 1967, containing detailed findings of fact to the effect that: The United Mine Workers of America and District 30 comprise the same legal entity; that the named individual respondents were agents of the United Mine Workers of America; that Castle, Davis, Hobbs, Akers and Newberry committed various acts of misconduct which manifestly violated this Court's decree of May 20, 1960, and instigated such unlawful conduct on the part of other persons; that Beane, Castle, Davis and Hobbs had actual notice of this Court's 1960 decree and were personally bound thereby; that Akers and Newberry had constructive notice of the 1960 decree, but were not personally bound thereby; that Castle, Davis and Hobbs are liable in civil contempt for their own unlawful activities as well as for the acts of those persons whom they induced to act unlawfully; that Beane was officially responsible for the contumacious conduct of Castle, Davis, Hobbs, Akers and Newberry, and as such is guilty of disobedience and in contempt of this Court's decree; and that the United Mine Workers of America was responsible for the contumacious acts of Beane, Castle, Davis and Hobbs, as well as those of Akers and Newberry, and should be adjudged in civil contempt therefor. The Special Master recommended that said respondents, except Akers and Newberry, and each of them be adjudged in civil contempt of the decree of this Court and that they be required to purge themselves thereof.

Under date of December 21, 1967, the Board filed proposed corrections to certain details in the report of the Special Master not involving any material finding of fact. Under date of December 26, 1967, respondents filed objections to the report. Briefs have been filed by the Board in support of the report and by respondents in opposition thereto.

Upon consideration of the briefs and objections of the parties and the entire record, we conclude that the findings of fact contained in the report of the Special Master should be modified and...