McLaughlin and Ganey, Circuit Judges and Nealon, District Judge.
McLAUGHLIN, Circuit Judge.
This matter is before us on the Petition of the National Labor Relations Board for adjudication of respondent in civil contempt and for other civil relief.
It is charged by the Board that respondent has resisted, violated, disobeyed and failed to comply with our decree of October 28, 1965. That decree requires respondent:
"1. Cease and desist from:
(a) Dominating and interfering with the administration of the Hourly Employees Committee, or any successor thereto within the meaning of the Act, at Respondent's New Jersey plants, and assisting or contributing support to such Committee.
(b) In any manner, interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist a labor organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities for the purposes of collective bargaining, or other mutual aid or protection, or to refrain from any or all such activities, except to the extent that such rights may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized by Section 8 (a)(3) of the Act, as modified by the Labor-Management Reporting and Disclosure Act of 1959, provided, however, the provisions hereof shall not be deemed to abridge the Respondent's rights under Section 8(c) of the Act.
2. Take the following affirmative action which the Board finds will effectuate the policies of the National Labor Relations Act, as amended:
(a) Withdraw and withhold all recognition from the Hourly Employees Committee, or any successor thereto within the meaning of the Act, at Respondent's New Jersey plants as the exclusive representative of its employees for the purpose of dealing with the Respondent concerning grievances, wages, hours, or other conditions of work, and completely disestablish, within the meaning of the Act, said organization of its employees."
The decree followed the consented-to order of the Board of August 17, 1965. That order was itself based on a settlement stipulation between the parties dated July 16, 1965. Prior to the settlement, respondent in its New Jersey plants operated a grievance procedure in which the above named Hourly Employees Committee participated by assisting and representing employees concerned and by disposing of employees grievances as to labor disputes, wages, rates of pay, hours of employment and work conditions.
After respondent's consent to the Board's order and our decree, on August 23, 1965 it revised its said grievance procedure by introducing into it an Employee Counsellor Plan. Through this employees were offered the assistance and representation of Employee Counsellors who at all times have been and are hired and paid by respondent. These were assigned as management representatives to the New Jersey plants personnel departments. Two of them were former Hourly Committee members. This practice was presented by respondent as a smooth transition from the old to the new practice which would satisfy the employees' need for representation. The Employee Counsellors have assisted, counseled and represented large numbers of employees in the processing and presentation of grievances against respondent regarding wages, rates of pay, hours and other terms and conditions of employment. They have, for the employees, dealt with management about safety practices and other working conditions.
The Board charges that the Employee Counsellor Plan is a labor organization within the meaning of the Act and of the decree and that it is a successor organization to the Hourly Employees Committee, within the purview of the decree and "* * * has been established and recognized and continues to be established and recognized, maintained, dominated and interfered with in violation thereof."
The Board also charges that respondent's pension plan has been administered by an equal number of representatives for management and for the employees called the Central Committee of Administration. Prior to the decree the employee members were designated by the Hourly Employees Committee. Since the decree these have been appointed by respondent directly. The Board therefore charges that the Central Committee is a labor organization and that its administration has been interfered with by respondent.
From all of the above the Board, alleging that respondent has and is violating the decree of this Court, asks that ...