National Labor Relations Board v. Carlisle Lumber Co.

Good Law
108 F.2d 188·5 L.R.R.M. (BNA) 854·1939 U.S. App. LEXIS 2534
United States Court of Appeals for the Ninth CircuitDecember 4, 1939No. 8361California968 words

Opinion

Lead Opinion

On September 18th the petitioner filed a motion to adjudge the respondent in contempt for failure to comply with the orders of this court made December 13, 1937, and September 23, 1938, wherein, among other things, the Carlisle Lumber Company was ordered to pay specified sums of money as back pay to its several employees, as specified by name and amount. These amounts aggregate approximately $160,000.

Prior to the filing of the verified motion the Carlisle Lumber Company, on September 14, 1939, had filed a lengthy petition addressed to this court, alleging that a settlement had been arrived at between the petitioner and respondent concerning a method of satisfying the order of the court with relation to the payment of money. The petitioner filed an answer thereto traversing some of the facts and particularly the claim that the plan of settlement had been unconditionally approved by it. This answer was filed October 30, 1939. Both matters were set for hearing on the same day, November 2nd. The petition of the respondent for an order approving the settlement with the petitioner and ordering a compliance therewith was dismissed on the motion of the Board.

At the time of the hearing…

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