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In re Local Union 825

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT


July 18, 1964

IN RE LOCAL UNION 825, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, ET AL.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

Per Curiam: The National Labor Relations Board having petitioned this court to institute, sua sponte , a prosecution of respondents Local Union 825, International Union of Operating Engineers, AFL-CIO, and Peter W. Weber for criminal contempt of this Court by reason of their having knowingly, intentionally and wilfully failed and refused to comply with and obey the provisions of the decree of this Court entered on February 11, 1964, which required said Union, its officers, representatives and agents immediately to sign and post certain specified notices to employees and union members and forthwith to furnish signed copies thereof to the Regional Director of the Twenty-Second Region of the National Labor Relations Board for posting on the premises of Nichols Electric Company, Selby Drilling Company, and Elmhurst Contracting Company; respondents having on March 30, 1964 answered said petition to adjudicate respondents in criminal contempt; this Court having on April 8, 1964 ordered respondents to appear before the Court on May 4, 1964, and show cause why they should not be adjudged in criminal contempt; respondents having appeared before this Court on May 4, 1964 and pleaded not guilty to the charge of criminal contempt; the matter having come on for hearing before this Court on June 17, 1964; the said Union and Peter W. Weber having appeared before this Court personally and by counsel, and been afforded full opportunity to offer testimony, evidence and argument; and the Court having considered all the testimony, evidence and argument offered and being fully informed in the premises and respondents, after having been adjudged guilty of criminal contempt as charged and having been sentenced thereon, having requested specific Findings of Fact, which request has not been withdrawn, makes these

Findings of Fact

1. Respondent Peter W. Weber is, and at all times herein material has been, business manager of respondent Local Union 825, International Union of Operating Engineers, AFL-CIO, and as such is and has been the highest paid elective officer of said Union.

2. Respondent Peter W. Weber is, and at all times herein material has been, the principal managing agent of respondent Local Union 825, International Union of Operating Engineers, AFL-CIO.

3. Respondent Peter W. Weber does exercise, and at all times herein material has, exercised final authority on behalf of said Union with respect to compliance with orders of the National Labor Relations Board and with decrees of this Court enforcing said orders.

4. Since entry of the decree, respondents Local Union 825, International Union of Operating Engineers, AFL-CIO, and Peter W. Weber have had notice and knowledge of the terms of the decree of this Court of February 11, 1964.

5. The notices to employees and union members, required by paragraph 2(a) of said decree to be signed and posted by respondent Union, its officers, representatives and agents immediately upon receipt of copies of the notice from the Regional Director for the Twenty-Second Region of the National Labor Relations Board, were not posted by respondent Union or any of its, officers, representatives or agents, until April 14, 1964. This was after service upon respondents of the order of this Court of April 8, 1964, requiring respondents to show cause why they should not be adjudicated in criminal contempt. Between the entry of the decree of this Court of February 11, 1964, and the filing of the petition herein for an adjudication in criminal contempt, representatives of the National Labor Relations Board made repeated attempts through respondent Peter W. Weber and other representatives of respondent Union to secure compliance by respondents with said provision of the decree of this Court of February 11, 1964; however, respondent Peter W. Weber intentionally and deliberately failed and refused to obey said provision of the Court's decree.

6. Likewise, the notices to employees and union members, required by paragraph 2(b) of the Court's decree forthwith to be signed by respondent Union, its officers, representatives and agents, and returned to the Regional Director of the Twenty-Second Region of the National Labor Relations Board for posting on the premises of Nichols Electric Company, Selby Drilling Company and Elmhurst Contracting Company, were not signed by respondent Union or its officers, representatives or agents, and returned to said Regional Director until April 14, 1964. Between the entry of this Court's decree of February 11, 1964, and the filing of the petition herein for an adjudication of criminal contempt, representatives of the National Labor Relations Board tried repeatedly to induce respondents Peter W. Weber and other representatives of respondent Local Union 825, International Union of Operating Engineers, AFL-CIO, to comply with said provision of the decree of February 11, 1964; however, respondent Peter W. Weber deliberately and intentionally failed and refused to obey said provision of the Court's decree.

Conclusions of Law

1. Respondent Peter W. Weber is and at all times herein material has been an officer, representative and agent of respondent Local Union 825, International Union of Operating Engineers, AFL-CIO, within the meaning of the decree of this Court of February 11, 1964.

2. By deliberately, intentionally and willfully refusing to post the said notices to employees and union members until April 14, 1964, respondents Peter W. Weber and Local Union 825, International Union of Operating Engineers, AFL-CIO, have willfully and intentionally violated paragraph 2(a) of this Court's decree of February 11, 1964.

3. By deliberately, intentionally and wilfully refusing to furnish the Regional Director of the Twenty-Second Region of the National Labor Relations Board with signed copies of notices for posting on the premises of the Nichols Electric Company, Selby Drilling Company and Elmhurst Contracting Company until April 14, 1964, respondents Peter W. Weber and Local Union 825, International Union of Operating Engineers, AFL-CIO, have wilfully and intentionally violated paragraph 2(b) of this Court's decree of February 11, 1964.

The motion for a new trial made after sentencing of respondents and which has not been withdrawn, is denied.

Judgment

This matter having come on before the Court upon an order to show cause why the respondents should not be adjudged in criminal contempt of this Court, and the Court having considered the evidence presented and the arguments of counsel, and having found respondent Local Union 825, International Union of Operating Engineers, AFL-CIO, and respondent Peter W. Weber each guilty of criminal contempt of this Court,

It is Ordered:

1. That respondent LOCAL UNION 825, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, be fined in the amount of $15,000.00, said fine to be paid the United States by depositing with the Clerk of this Court on or before July 1, 1964, a certified check for $15,000.00; and that in default of payment of said fine appropriate action shall be instituted by the United States to recover the amount thereof.

2. That respondent PETER W. WEBER pay a fine of $5,000.00 on or before July 1, 1964, by depositing the amount thereof with the Clerk of this Court by certified check; and that in default of such payment the respondent Peter W. Weber stand committed.

19640718

© 1998 VersusLaw Inc.



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