Ct. of Appeals entered contempt order against respondent under circumstances where: (1) petitioner-National Labor Relations Board (Board) sought and received from Ct. of Appeals order summarily enforcing Board’s order that required, among other things, respondent to re-hire employee, who had been wrongfully terminated, and to remove references to its unlawful termination from employee’s record, post notices of employees’ rights in its stores and file sworn certification with Board attesting to its compliance with said order; (2) respondent failed to satisfy three aspects of Board’s order; (3) Board subsequently filed petition with Court of Appeals, seeking entry of contempt order arising out of respondent’s failure to comply with Board’s order; (4) Ct. of Appeals directed respondent to show cause why Board’s contempt petition should not be granted; and (5) respondent disregarded rule to show cause order. Ct. of Appeals held that contempt order was warranted, where record showed that: (1) respondent failed to comply with Board’s order that Ct. of Appeals had enforced; (2) respondent ‘s violation was significant; and (3) respondent failed to make reasonable and diligent effort to comply with said order. Instant contempt order included requirement that respondent fully comply with enforced order, as well as to pay to Board all of its reasonable costs and expenses, including attorney’s fees, and to pay $1,000 fine, plus daily fines until respondent fully complies with Board’s order.
Federal 7th Circuit Court
Civil Court
Contempt