Operations In Fiscal Year 1988 - National Labor Relations Board

Contempt Litigation 159with 20 civil proceedings instituted in fiscal year 1987. The casesinstituted in fiscal year 1988 included three motions for assessmentof fmes, 5 two motions for writs of body attachment, 4 andthree proceedings in which both fmes and body attachment weresought. 5 A total of 16 contempt or equivalent adjudications wereawarded in favor of the Board, 5 including 3 in which complianceonment of company president for willfully engaging in the foregoing conduct in violation of the judgmentof August 26, 1986).3 NLRB v. Mattiace Petrochemical Co, et al., in Nos. 86-4105 and 79-4029 (2d Cir.); NLRB a ServiceEmployees Local 73, in Nos. 79-1281, 79-1706, 79-1715, 79-2193 (7th Cir.); NLRB N PhiladelphiaBuilding Trades Council, in No. 85-3418 (3d Or.).4 NLRB v. Fancy Trims, Inc., et al., in No. 85-4016 (2d Cir.); NLRB v. John Mahoney ConstructionCo., in No. 85-1607 (1st Or.).5 NLRB v. Arnold Cleaners, in No. 86-5758 (6th Or.); NLRB v. WBKB-TV Channel 11, et al., inNo. 85-5871 (6th Cir.); NLRB v. Iron Workers Local 15 Joint Apprenticeship Committee, in Nos. 86-4060, 86-4080 (2d Or.).6 NLRB v. Newspaper & Mail Deliverers, et al., in No. 86-4004 (2d Or.) (order of October 1, 1987,adjudging union and its business representative, Joseph Cotter, in further civil contempt of prior contemptadjudications directing posting, mailing, and publishing notices; ordering union to pay furtherfine of $150,000, in addition to fine of $25,000 previously assessed, for a total of $175,000; directingissuance of writ of body attachment against Business Representative Joseph Cotter; fixing reimbursementof Board costs and attorneys' fees; order of November 2, 1987, reducing amount of contemptfine to $112,000 and vacation of writ of body attachment on condition of payment of fine within 2weeks; imposition of daily fines of $1000 per day and vacation of stay of arrest order if fine is not paidwithin 2 weeks); NLRB v. Gentsler Tool & Die Corp., in Nos. 84-5699, 85-5830, and 85-5850 (6th Or.)(order of November 16, 1987, adjudging company in civil contempt of the court's December 16, 1985judgment for failing to execute and give effect to collective-bargaining agreement; order directingcompany to honor and give retroactive effect to contract, pay backpay and make whole for loss ofcontract benefits, reimburse Board for costs and attorneys' fees, and imposing prospective noncompliancefine of $10,000 per violation and $1000 per day); NLRB v. Shearer, et al., in No. 86-3042 (3d Cir.)(order of December 7, 1987, adjudging, on consent, Robert Shearer and George C. Shearer in civilcontempt of the court's judgments of November 4, 1980, and May 4, 1983, for failing to pay backpayto discriminatees; order directing respondents to pay backpay and to partially reimburse Board forcosts and attorneys' fees and imposing prospective noncompliance fine of $10,000 per violation and$1000 per day); NLRB v. WBKB-TV, Channel 11, et al., in No. 85-5871 (6th Or.) (order of December30, 1987, adjudging, on consent, wBKJ3-TV and its president, Steven Marks, in civil contempt of thecourt's order of November 8, 1985, for failing to properly reinstate employees and pay backpay anddiscriminatorily refusing to pay bonuses, refusing to rescind unilateral changes, making additional millateralchanges, refusing to furnish information to the union and abide by an agreed-upon contract,improperly posting Board notices, failing to expunge discipline discharge references from personnelrecords; and failing to file compliance status reports with Regional Director; order directing respondentsto, inter alia, comply with court's judgment of November 8, 1985, offer reinstatement and makewhole discrimmatees, furnish information to, and bargain with, the union; partially reimburse Boardfor costs and attorneys' fees and imposing prospective noncompliance fine of $5000 per violation and$500 per day against the company and $500 per violation and $100 per day against Marks, not to berefunded by the company if assessed); NLRB v. Laborers Fund Corp., at al., in No. 81-7401 (9th Cir.)(consent civil contempt adjudication against Laborers Fund Corp. and Fund Secretary David Johnsonfinding them in further violation of the court's judgment of August 14, 1981, and the contempt adjudicationsentered against the Fund on February 16, 1983, November 25, 1983 (as amended January 10,1984 and December 9, 1986, for failing to comply, and fining Fund $105,700 representing fines conditionallysuspended by the court on December 9, 1986, concerning which it was directed to pay$25,000, the balance to be suspended conditioned on compliance for a 2-year period; fining Johnson$15,800, of which $2500 was to be paid and the remainder to be suspended conditioned on future compliancefor 2 years; directing payment by the Fund of $1000 to the Board for reimbursement of itscosts and attorneys' fees; and imposing prospective noncompliance fines of $10,000 per violation and$1000 per day against the Fund and $200 per day against each member of the Fund's board of directorsand board of trustees, the Fund's secretary, and any other person or body who has impeded theFund's compliance, not to be reimbursed by the Fund or any other source, if assessed); NLRB v.James K. Stenitt, Inc., et al., in Nos. 75-4044 and 76-4253 (2d Or.) (order of February 17, 1988, onconsent, adjudging James K. Sterritt and four other respondents in the case, LIT. Transportation,Inc., Sandra S. Sterritt, Mark D. Sterritt, and Suzanne Sterritt Tratnack, in civil contempt of thecourt's contempt adjudication of March 25, 1980, and directing them, jointly and severally, to pay theBoard $45,000 in reimbursement of its costs and attorneys' fees, and to pay $25,000 in fines, remittedContinued