Federal judge finds union in contempt for failing to provide subpoenaed documents

[Omaha Steve]

Source: NLRB

A federal judge in Hawaii has granted the NLRB’s motion for civil contempt sanctions against the Sheet Metal Workers International Association, Local 293, for failing to turn over documents sought by subpoena for more than a year.

The NLRB is seeking documents related to the union’s hiring hall procedures, as part of an investigation into charges filed by a union member who claimed the union improperly failed to dispatch him to a job. In June of 2010, the NLRB issued a subpoena for the records. This spring, the agency obtained a federal magistrate’s order requiring compliance with the subpoena, and the order was affirmed by Chief Judge Susan Oki Mollway after the union filed objections. However, the union has continued to withhold the documents, leading to the agency’s motion for a contempt order.

In her order, issued Oct. 3, Judge Mollway said there was “clear and convincing evidence” to hold the union in contempt. She ordered the union to produce the documents in 14 days or face daily fines of $250 for as long as the non-compliance continues.


Read more: http://www.nlrb.gov/news/federal-judge-finds-union-contempt-failing-provide-subpoenaed-documents

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And some people think the NLRB is tilted towards unions! They are doing a great job after 8 years of W's do nothing NLRB.

October 04, 2011
Contact:
Office of Public Affairs
202-273-1991
[e-mail]
www.nlrb.gov

[24601]

1. If a union screws its members, the NLRB should go after it. If

it fails to follow court orders, the NLRB should go after it. If the charges turn out to be true, it should be replaced.

Blind devotion to a union regardless of the facts is a breach if the public trust.

[Omaha Steve]

2. Just as there are no REAL penalties or fines against employers

Rogue unions can't be replaced for wrong doing. That is the law.

[24601]

3. Read up on Arthur Anderson, wrongly executed. The judge here

should double the fine ever day the union is in non-compliance and hold it's officers personally liable. After one week, hold it's other members liable. They will find a way to compliance without delay.

And yes, you can break up a union also for non-compliance with a lawful order. Ask anyone who used to be in PATCO.

[Omaha Steve]

4. Strange

How do you break up a company that is found guilty of unlawful labor acts against it's employees? You can't fine them. Only make an employee whole for financial loss. EFCA would have changed that. They too can be fined for defying a court order etc.

PATCO is much different than this case. PATCO was following a vote by a large majority of it's members. But it was an unlawful act against the FEDERAL Government. Federal worker labor law does not apply to the NLRB laws. Just as state, county, and municipal employees aren't covered by the NLRB. That is why Wisconsin's Governor Walker was able to end PUBLIC worker unions.

I'm not defending this union. I agree they should comply.

[ProgressiveProfessor]

5. The back story appears to be a case of cronyism within the local

That the national union did not deal with.

[Major Nikon]

7. You seldom find out what the real story is on these deals unless you're intimately involved

Believe it or not, there are anti-union union members out there that do everything they can to screw their own union.

[No Elephants]

8. Belated welcome to DU, the home of the omniscient.

(I tend toward sarcastic posts. Nice to meet you.)

[Major Nikon]

15. So it seems

I'm a big fan of sarcasm and irony, but you'd never know it from my posts. :+

Cheers!

[ProgressiveProfessor]

10. Actually this one has been more open than many and the court actions, briefs etc are public record

As for what knowledge I may or may not have, I suggest you look at my avatar and consider how it might be relevant.

[Major Nikon]

11. Sure, the court records always tell the fulll story

:eyes:

[ProgressiveProfessor]

12. It will certainly tell the basics

I suggest you read up on them before you continue to whine about something you clearly know nothing about.

The reality is that unions are staffed by people and are subject to the same kind of temptations that the rest of the world has. Occasionally outside intervention is needed to keep things straight and fair.

[Major Nikon]

13. I'm agreeing with you, what's the problem?

:eyes:

[Omaha Steve]

14. I post several stories every year about union officers that steal from the members etc.

Even the Nebraska State AFL-CIO got robbed by a trusted (elected) treasurer. It happens. And several unions through the years have had mob ties. It is the job of the NLRB (and at times the FBI and or IRS) to investigate unions. Just as it is spelled out in the law.

See the new NLRB rights poster here: https://www.nlrb.gov/poster

Employee Rights Notice Posting

As of November 14, 2011, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act. The 11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. View the final rule in the Federal Register.

The posters are available below for download and printing. Copies also are available from any of the agency’s regional offices. In addition, employers should publish the notice on an internal or external website if other personnel policies or workplace notices are posted there.

For further information about the posting, including a detailed discussion of which employers are covered by the NLRA, and what to do if a substantial share of the workplace speaks a language other than English, please see our Frequently Asked Questions.

Poster Downloads

* Employee Rights Under the NLRA poster, two-page 8.5 x 11 version (pdf)
* Employee Rights Under the NLRA poster, 11 x 17 version (pdf)

PLEASE NOTE: The poster is required to be 11 x 17 inches, in color or in black-and-white. When printing to full size, be sure to set your printer output to 11 x 17. Or you may print the two 8.5 x 11 pages and tape them together.

Spanish version

* Spanish language poster - two-page, 8.5 x 11 version (pdf)
* Spanish language poster - 11 x 17 version (pdf)

* Printer-friendly version

[Major Nikon]

6. It's really just a delay tactic anyway

These kinds of things happen fairly often. There's really nothing to lose when you force a contempt order, unless you don't comply with it. The union is probably just using a tactic they have seen the other side use dozens of times.

[No Elephants]

9. When in doubt, side with the 99% of Americans who comprise the working class,

not with those who have all the power and almost all of the money.

Word.