National Labor Relations Board v. Retail Clerks International Association, A.F.L., Retail Clerks Union, Local 648

The sequence of events occurring in this long drawn-out litigation (up to April 2, 1954) are outlined in our opinion of that date which is reported in 211 F.2d 759 . In this opinion, as in our still earlier opinion, 1953, 203 F.2d 165 , this Court entered a decree in which respondents, hereafter referred to as “Clerks,” were held in civil contempt of the decree entered by this Court on January 14, 1950, which enforced an order of the National Labor Relations Board, hereafter called “Board.” Clerks were found in civil contempt for refusing to bargain collectively with Safeway Stores, Inc., hereafter referred to as “Safeway,” except on condition that Safeway would bargain with Clerks for “location managers” (supervisory personnel) employed by Safeway.

Our adjudication of contempt rested on the fact that Clerks were demanding a clause (herein referred to as “clerks’ work clause”) which sought, in substance, to provide that no location managers were to perform the work of grocery clerks. In our 1953 opinion, we noted, 203 F.2d at page 169 , that in the circumstances of the case there was “* * * no question that Local and International did impose as a condition to their bargaining on…