TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

VIII
Contempt Litigation
Petitions for adjudication in civil or criminal contempt of parties
for noncompliance with decrees enfoicing Board oideis mere filed in
eight cases during fiscal 1961 In thiee of these cases, the petitions
were granted, 1 in three, the petitions were withdia•n following
compliance by respondents duling the course of the pi oceedings ,
and two remained open 3
During this year, opinions of some interest wet° rendered in two
cases instituted the previous year, Tempest Shirt Manufacturing Co,
Inc ,4 and Olson Rug Co 5 In Tempest, the Fifth Ch.-cuit adjudged a
successor corporation, which had not participated in the original proceedings,
in civil contempt for refusing to iemedy the unfair labor
practices of its predecessor And in Olson, the Seventh Circuit
approved a Special Master's hmited discovely m der against the
Boaid in connection with the ieference befm e
In Tempest, the enforcing decree had required Tempest, its officers,
agents, successors, and assigns to reinstate tities of its former employees
because of discrimination against them Pi ior to the issuance
of the underlying Boaid older, Tempest's plant, equipment, and woik
force were taken over by Pascal Corpoiation as the result of the
division of business inteiests between Robeit Pascal and others who
shared the proprietary interests in Tempest Pascal contended that
because the transfer of Tempest's business interests to Pascal Corporation
was a bona fide business transaction and was not designed to
continue Tempest in disguise for the purpose of evading the decree,
Pascal Corporation was not a successor within its pm view But the
court, noting that Pascal's piopi ietary inteiest in the plant nevei
substantially changed, that he continuously exerted manageiml
2 10 LRB v Ravel, Inc , adjudged Feb 23, 1061 (C A 1, No 5053) ,NLRB v Gustavo
Stannone, acbudged Feb 20, 1061 (C A 2) • NLRB v F 21 Reeves d Sons, Inc , adjudged
Jan 19, 1961, reported at 47 LURM 2480, certiorari denied 366 U S 914 (C A 10,
No 6125)
2 N LRB v Habib Marcus (CA 2) , NLRB v Pioneer Wagon Works, Inc (CA 6,
No 13755) , NLRB v Detroit Plastics Products Co (C A 6, No 13819)
'NLRB v Editorial "El Imparcial" Inc (C A 1, No 5568) , NLRB v Local 901,
ILA. (Hut on Stevedormq Co ) (C A 2,.
*NLRB v Tempest Shirt Hanufactiosng Co , Inc , 285 F 2d 1 (C A 5')
'NLRB v Olson Rug 00 ,201 F 2d655 (CA 7)
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