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NLRB v. Sequoia Dist. Council of Carpenters

United States Court of Appeals for the Ninth Circuit

December 14, 1977

No. 73-3365

Opinion

 [*630]  WRIGHT, Circuit Judge

BACKGROUND

This matter comes before us on respondents' 1 [**2]  exceptions to findings of fact and conclusions of law of a Special Master appointed by this court. We appointed the Master pursuant to the National Labor Relation Board's (hereafter NLRB or Board) petition for an adjudication of contempt 2 against Sequoia District Council of Carpenters (hereinafter Sequoia or Union) and its officers. 3

In an earlier proceeding we enforced a Board order prohibiting Sequoia from engaging in illegal secondary activities. 4 [**4]  NLRB v. Sequoia District Council of Carpenters, 499 F.2d 129 (9th Cir. 1974). That judgment ordered that Sequoia

1. Cease and desist from:

(a) Picketing or encouragement of any individual employed by Headliner Plumbing [**3]  Company or by any other person engaged in commerce . . . to engage in a strike or refusal, in the course of his  [*631]  employment, to use, manufacture, process, transport or otherwise handle or work on any goods . . . or to refuse to perform any other services, where an object thereof is to force or require Headliner Plumbing Company, or any other person, . . . to cease doing business with that business enterprise or any other person.

(b) Threats, coercion or restraint directed against Headliner Plumbing Company, or any other person engaged in commerce or in an industry affecting commerce, where an object thereof is to force or require Headliner . . . or any other person, to cease . . . dealing in the products or services made available by Lattanzio Enterprises, or to cease doing business with that business enterprise or any other person. (Emphasis added.) 5

In addition, the judgment required that "to effectuate the policies of the [National Labor Relations] Act" Sequoia post notices embodying the terms of the judgment in its offices, meeting halls or hiring halls for a period of 60 days. Copies of the notice were to be supplied by the NLRB's Regional Director in San Francisco. The judgment was served on the attorney for Sequoia. The NLRB supplied notices which lacked language indicating the breadth of the judgment's prohibitions. 6

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568 F.2d 628 *; 1977 U.S. App. LEXIS 5647 **; 97 L.R.R.M. 2897; 83 Lab. Cas. (CCH) P10,384

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SEQUOIA DISTRICT COUNCIL OF CARPENTERS, AFL-CIO, Respondent, and John Horn and Larry Null, Additional Respondents In Contempt

Prior History:  [**1]  On Petition to Review Exceptions to the Findings of Fact and Conclusions of Law and Recommendations of the Special Master.

CORE TERMS

contempt, notice, terms, charges, union official, decree, injunction, threats, cease, fine, employees, posting

Labor & Employment Law, Unfair Labor Practices, Union Violations, Secondary Activities, Collective Bargaining & Labor Relations, General Overview, Civil Procedure, Appeals, Standards of Review, Clearly Erroneous Review, Judicial Review, Judicial Officers, Masters, References, Jurisdiction, In Rem & Personal Jurisdiction, Constitutional Limits, Remedies, Injunctions, Contempt