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National Labor Relations Board v. Fairview Hospital

UNITED STATES COURT OF APPEALS, SEVENTH CIRCUIT.


April 9, 1971

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
FAIRVIEW HOSPITAL, RESPONDENT. A1 13-CA-8303; 174 NLRB NO. 192, ELKIND/FISHGOLD.

Per Curiam: The National Labor Relations Board has petitioned this court to adjudge the respondent, Fairview Hospital, Inc. and Geraldine Freund, its executive directress, in civil contempt for disobeying and failing and refusing to comply with the decree of this court entered December 3, 1970.

On the last mentioned date, this court in accordance with its opinion-order of October 20, 1970, entered its decree enforcing an order of the Board issued on March 20, 1969, which, inter alia, directs that Fairview Hospital, its officers, agents, successors, and assigns shall:

(a) Offer to Louis Rodriguez immediate and full reinstatement to his former or to a substantially equivalent position, without prejudice to his seniority and other rights and privileges, and make him whole for any loss of earnings he may have suffered by reason of the unlawful discrimination against him in the manner set forth in the section of the Decision of the Trial Examiner of the National Labor Relations Board dated October 29, 1968 entitled "The Remedy."

(b) Preserve and, upon request, make available to the Board or its agents, for examination and copying, all payroll records, social security payment records, time cards, personnel records and reports, and all records relevant to a determination of the amount of backpay due to Louis Rodriguez.

(d) Post at its hospital in Chicago, Illinois, copies of the attached notice marked "Appendix." Copies of said notice, on forms provided by the Regional Director for Region 13, after being duly signed by its authorized representative, shall be posted by the Employer immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Employer to insure that said notices are not altered, defaced, or covered by any other material.

(e) Notify said Regional Director, in writing, within 10 days from the date of this decree, what steps Respondent has taken to comply herewith.

This matter is now before the court on the answer of Fairview Hospital, Inc. and Geraldine Freund to the petition of the National Labor Relations Board and the parties have appeared before the court in response to this court's order of March 3, 1971 directing that said Fairview Hospital, Inc. and Geraldine Freund show cause, if any there be, why they should not be adjudged in civil contempt. Having considered the pleadings, the record and argument of counsel, we find that Fairview Hospital, Inc. and Geraldine Freund, its executive directress, have wholly failed without good cause or justification to comply with the decree of this court and have failed to show cause why they should not be adjudged in civil contempt for disobeying the decree of this court.

Accordingly, it is Ordered, Adjudged and Decreed

(1) That Fairview Hospital, Inc. and Geraldine Freund, its executive directress, are found in contempt of this court and its decree of December 3, 1970, and if they default in purging themselves of such contempt in the manner hereinafter specified that each will be fined $500 for each day they fail so to purge themselves, and this court reserves jurisdiction to issue an attachment against Geraldine Freund or any other officer or agent of respondent, Fairview Hospital, Inc., responsible for its said default or commit them to imprisonment so long as they fail so to purge themselves.

(2) That Fairview Hospital, Inc. and Geraldine Freund shall purge themselves of said contempt by:

(a) Forthwith in good faith reinstating Louis Rodriguez in the manner required by the decree; and making said Rodriguez whole for loss of earnings incurred by reason of discrimination against him, the amount to be computed by the Board in the manner prescribed by the decree, subject to review by the Court.

(b) Forthwith making available to the Board or its agents at such reasonable places as the Board may specify, for examination and copying, all records necessary or helpful in determining the amount of backpay due to Louis Rodriguez; and all records in the possession, custody or control of the hospital relevant to a determination by the Board as to whether and the manner in which Rodriguez has been reinstated.

(c) Forthwith posting at its hospital in Chicago, Illinois, copies of the Notice, as required by the decree of this court, heretofore furnished by the Board's Regional Director for the Thirteenth Region, after being duly signed by an authorized representative of the hospital, for a period of sixty (60) consecutive days and insuring that such notices are not altered, defaced, or covered by any other material.

(d) Forthwith posting and mailing to each of its employees a Notice in the form to be furnished by the Board, and signed by an official of the hospital and separately by Geraldine Freund stating that the respondents have been adjudged in civil contempt for disobeying the decree and that they will take the steps ordered by the court in purgation; and maintaining a copy of said Notice and of the contempt adjudication in conspicuous places where notices to employees customarily are posted for a period of 60 days and assuring that they are not altered, defaced or covered by any other material.

(e) Filing a sworn statement with the Clerk of this Court, and a copy thereof with the Director of the Board's Thirteenth Region, Chicago, Illinois, within 15 days after entry of the adjudication in contempt and again at the end of the posting period showing what steps respondents have taken to comply with the court's directions.

(f) Paying to the Board all costs and expenses, including salaries of Board personnel, incurred by the Board in the investigation, preparation, presentation and final disposition of this proceeding.

19710409

© 1998 VersusLaw Inc.



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