Operations In Fiscal Year 1988 - National Labor Relations Board

Contempt Litigation 161ued." In one case, the court denied a third party's motion to institutecontempt proceedings over the Board's objections." Fivemotions for protective restraining orders were ffied, 12 and fiveprotective restraining orders were entered."During the fiscal year, the Contempt Litigation Branch collected$187,996 in fmes and $397,759 in backpay, while recouping$102,289 in court costs and attorneys' fees incurred in contemptlitigation.A number of Board proceedings during the fiscal year werenoteworthy. The Board was again faced with some difficultbankruptcy issues requiring accommodation of the Act with the10 NLRB v. Laborers Local 324, in No. 85-7485 (9th Cir.) (order granting Board's motion to withdrawpetition without prejudice because of respondent's compliance; each party to bear its own costs);NLRB v. Alamo Cement Co., in No. 86-4056 (5th Cir.) (order of February 2, 1988, granting Board'smotion to withdraw petition without prejudice because of respondent's compliance; each party to bearits own costs); NLRB v. Fancy Trims, Inc., et al., in No. 85-4016 (2d Cir.) (order of February 3, 1988,granting Board's motion to withdraw motion for body attachment, without prejudice, because of respondents'compliance); NLRB v. Frankfathers & Son's Trucking, in No. 87-5528 (6th Cir.) (order ofFebruary 25, 1988, granting Board's motion to withdraw petition because of respondent's compliance);NLRB v. John Mahoney Construction Co., in No. 85-1607 (1st Cu.) (order of March 28, 1988, grantingBoard's motion to dismiss Board's motion for writ of body attachment against company president JohnMahoney on compliance); NLRB v. Mall Security, in No. 87-5380 (6th dr.) (order of May 17, 1988,granting Board's motion to withdraw contempt petition because of mootness) . NLRB v. Fishing VesselComet, in No. 87-1755 (1st Cir.) (order of July 13, 1988, granting Board's motion to withdraw contemptpetition, without prejudice because of company's filing for relief under Bankruptcy Code);NLRB v. Iron Workers Local 15 Joint Apprenticeship Committee, in No. 86-4060 (2d Cir.) (order ofSeptember 15, 1988, granting Board's motion to dismiss its motion for assessment of fines and issuanceof writ of body attachment in light of compliance by respondent); NLRB v. Marriott In-F7ite Services,in No. 82-4165 (2d Cir.) (order of September 19, 1988, discontinuing contempt proceedings in light ofstipulation for dismissal between Board and respondent).11 State Bank of India v. NLRB, et al., in Nos. 85-1028, 85-1029, 85-1585, and 85-1586 (7th Cir.)(order of November 5, 1987).12 NLRB v. Coal Systems et al., in No. 85-5298 (6th Cir.) (emergency motion for pendente lite reliefrestraining respondents and others from transferring equipment auction proceeds until respondents furnishsecurity for amounts of backpay alleged in Board's backpay specification in pending backpay proceeding);NLRB v. Dahl Fish Co, et al., in No. 86-1369 (D.C. Cir.) (emergency motion for pendentelite protective order restraining respondents from transferring assets until they establish security of$2.4 million in escrow account to protect estimated backpay and fees liability under court's unliquidatedjudgment of March 31, 1987); NLRB v. B & W Machine & Welding Co., in No. 87-7058 (9th Cu.)(pendente lite motion for order restraining transfer of assets until security provided in amount of$58,000); NLRB v. Challenge Cook Bros., in No. 87-5153 (6th Cir.) (emergency motion for order restrainingtransfer of assets, pendente lite, until security furnished in amount of $465,030); NLRB v.Limestone Apparel Corp., et al., in No. 81-1693 (6th Cir.) (pendente lite motion for order restrainingrespondents and several alleged alter egos from transferring assets until security in amount of $125,000is provided)." NLRB v. Coal Systems et al., in No. 85-5298 (6th Cir.) (order of October 16, 1987, granting ontemporary basis Board's emergency motion for pendente lite relief restraining respondents and othersfrom transferring equipment auction proceeds until respondents furnish security for amounts of backpayalleged in Board's backpay specification in pending backpay proceeding); NLRB v. Amason, Inc.,et al., in No. 84-1561 (4th Cir.) (consent order, in lieu of protective restraining order, directing respondentsto post bond in amount of $40,000 to cover any potential backpay judgment or contemptadjudication); NLRB v. Coal Systems, et cd, in No. 85-5298 (6th Cir.) (order of December 14, 1987,granting permanent injunction on Board's emergency motion for pendente lite relief restraining respondentsand others from disbursing equipment auction proceeds or other assets to any respondent orofficer or shareholder thereof until respondents furnish security in form acceptable to Board foramounts of backpay ($73,000) alleged in Board's backpay specification in pending backpay proceeding;restraining third parties from distributing funds to respondents; and other relief); NLRB v. Dahl FMCo., et al., in No. 86-1369 (D.C. Cir.) (order of February 24, 1988, restraining respondents from sellingor transferring assets until they furnish security in the amount of $2,395,645 by depositing that amountin the registry of the district court until backpay is determined and paid, and other relief); NLRB v. B& W Machine & Welding Co., in No. 87-7058 (9th Or.) (order of April 20, 1988).