National Labor Relations Board v. Ironworkers Local 433

In 1991, Petitioner National Labor Relations Board (“NLRB”) and Respondent Iron-workers Local 433 (“the Union”) entered into a consent decree, after this court upheld three NLRB orders finding the Union in violation of the secondary boycott provisions of the National Labor Relations Act (“NLRA”). In the consent decree, the Union agreed that it would cease secondary boycott activities and agreed to the imposition of non-compliance fines for future violations.

The NLRB now moves for an adjudication to find the Union in further civil contempt and for an assessment of fines pursuant to the decree. The NLRB alleges that the Union engaged in secondary boycotts by picketing at neutral gates at the California Speedway in Fontana, California in February and March of 1998. The NLRB seeks appointment of a Special Master to resolve factual disputes.

The Union opposes the motion, contending that because it has now ceased that picketing activity, and because its current officials were unaware of the existence of the seven-year old consent decree, the NLRB’s efforts to hold the Union in contempt and impose fines are for the purpose of punishment rather than to purge contempt. The Union argues…