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National Labor Relations Board v. Indianapolis Transit Mix Corp.

UNITED STATES COURT OF APPEALS, SEVENTH CIRCUIT.


June 11, 1971

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
INDIANAPOLIS TRANSIT MIX CORPORATION ET AL., RESPONDENTS.

Before KERNER, PELL, JR. and STEVENS, Circuit Judges.

Per Curiam: On May 19, 1964, this Court entered a decree against Indianapolis Transit Mix Corporation, Indianapolis Ready Mix Corporation, Columbus Non-Ferrous Foundry, Inc., and Paul A. Teegarden enforcing a Board order dated April 13, 1964. Under the terms of the Court's decree, respondent corporations were ordered jointly and severally to pay to each of 15 named claimants the amount of backpay due them totalling $18,029.96 plus interest thereon at the rate of six percent (6%) per year, as found and set forth in the Trial Examiner's Supplemental Decision. The decree further ordered that respondent Paul A. Teegarden pay all such amounts, together with the prescribed interest thereon, as are not paid within thirty (30) days following this Decree, such payment to be made forthwith upon expiration of the said 30-day period.

On May 10, 1966, with no part of the backpay award paid, and Teegarden and the other respondents asserting financial inability, the Board instituted civil contempt proceedings against the four original respondents as well as Hazel Teegarden, Columbus Asphalt and PH & T Realty Corporation, the liability of the last three based on their concert and participation with the original respondents in preventing compliance with the Court's decree.

During the intervening years, the status of the backpay award has remained unchanged and continues to the date of this order to remain unchanged. Further, during the intervening years, the National Labor Relations Board (Board) has engaged in extensive discovery procedures involving Paul A. Teegarden, his wife, Hazel Teegarden, and the various corporate entities asserted to be allied with the individual Teegardens in interest.

On May 11, 1971, the Board filed its motion to amend the petition for adjudication in contempt to add Paul A. Teegarden, Inc., and Fayette Building Corporation, as additional respondents. The Board in its motion sought summary contempt adjudication against all respondents, being those named in the original petition for contempt as well as the two proposed additional respondents.

By order of May 17, 1971, it was ordered that respondents file response to said motions of the Board on or before Monday, June 7, 1971. A copy of said order was mailed to each of the respondents herein, past and prospective. The only matters which could be deemed to be by way of response to the Board's motion of May 11, 1971, and this Court's order of May 17, 1971, are two letters, one being from PH & T Realty Corporation, a copy of which letter is attached to this order and designated as Attachment A, and letter from Paul A. Teegarden, a copy of which letter is attached to this order and marked Attachment B.

This matter now being before the Court on the Board's motions and the correspondential responses thereto, and the Court having seen and examined the record before this Court, the Court finds (1) that the prayer of said motions to make Fayette Building Corporation and Paul A. Teegarden, Inc., additional respondents herein, should be and the same is hereby granted, and the petition of the Board heretofore filed on May 10, 1966, is now amended to read in the form and manner of the Amended Petition for Adjudication in Civil Contempt and for other civil relief as set forth in and tendered with the Board's motion and (2) that the tendered check of PH & T Realty Corporation payable to the order of this Court in the amount of $18,029.26 does not constitute a showing of good cause why respondents should not be adjudicated in contempt.

This matter now therefore being before the Court on the Board's amended petition for adjudication in civil contempt and for other civil relief, and the Court being duly advised in the premises, now finds that said amended petition should be granted, except as to Fayette Building Corporation and Paul A. Teegarden, Inc. This Court further finds Paul A. Teegarden, Indianapolis Transit Mix Corporation, Indianapolis Ready Mix Corporation, Columbus Non-Ferrous Foundry, Inc., Hazel Teegarden, Columbus Asphalt and PH & T Realty Corporation, in contempt of this Court and its decree of May 19, 1964, and if they shall fail to purge themselves of such contempt in the manner hereinafter specified no later than 15 days after the date of this order, each will be fined One Thousand Dollars ($1,000) for each day thereafter they fail to purge themselves, and this Court reserves jurisdiction to issue an attachment against Paul A. Teegarden, Hazel Teegarden, or any officer or agent of any respondent found in contempt, responsible for its said default, so long as they fail to purge themselves.

That the respondents herein found in contempt shall purge themselves of said contempt by:

(a) Fully complying with and obeying the decree of this Court entered May 19, 1964, which orders some of the respondents to make whole fifteen discriminatees by paying them backpay totalling $18,029.26, plus interest thereon at the rate of six percent (6%) per year.

(b) Mailing to each of the 15 named backpay claimants at their last known address, as supplied by the Board, a notice in the form to be furnished by the Board's Regional Office, and signed by Paul A. Teegarden stating that he, his wife and five of their corporations have been adjudged in civil contempt of this Court for refusing to pay its backpay order; and further, posting copies of such notices together with a copy of the contempt adjudication in conspicuous places at each of these corporations where notices to employees are customarily posted, for a period of sixty (60) consecutive days, and by maintaining such notices in clearly legible condition throughout such posting period, and assuring that they are not altered, defaced, or covered by other material.

(c) Signing and mailing copies of said Notice to the Regional Director of the Twenty-fifth Region, 614 ISTA Center, 150 West Market Street, Indianapolis, Indiana, for posting by Coal, Ice, Building Material & Supply Drivers, Heavy Haulers, Warehousemen & Helpers Local Union No. 716, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, the charging party in the underlying case.

(d) Filing a sworn statement with the Clerk of this Court and a copy thereof with the Director of the Twenty-fifth Region of the Board within fifteen (15) days after entry of the order of adjudication, and again at the end of the posting period, showing what steps have been taken by the respondents to comply with the Court's directions, and making such further report as the Court may require.

(e) Paying all costs and expenditures, including counsel fees, incurred by the Board in the investigation, preparation, presentation and final disposition of this proceeding to adjudge respondents in civil contempt.

This Court further orders and directs Fayette Building Corporation and Paul A. Teegarden, Inc., to show cause, if any there be, by written response, under oath, to be filed no later than ten (10) days after the date of this order, why they should not be adjudged in civil contempt of this Court in the same manner and style as the other respondents have been heretofore in this order.

The Clerk of this Court is ordered to return the tendered check of PH & T Realty Corporation, payable to the order of this Court in the amount of $18,029.26 to said PH & T Realty Corporation, the Court noting that the amount of said check is for the principal amount ordered paid by the order of this Court of May 19, 1964, and the Court further noting that no interest has been tendered for the seven years intervening since said order.

The Court further orders that a copy of this order be served upon each of the respondents named in said amended petition by mailing a copy thereof to each said respondent by certified mail and each of said respondents is ordered immediately to acknowledge receipt thereof.

19710611

© 1998 VersusLaw Inc.



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