Nat'l Labor Relations Bd. v. Maine Caterers, Inc., Bhd. of Indus. Caterers, Intervenor, 732 F.2d 689 (1st Cir. 1984). · Go Syfert
Nat'l Labor Relations Bd. v. Maine Caterers, Inc., Bhd. of Indus. Caterers, Intervenor, 732 F.2d 689 (1st Cir. 1984). Cases Citing This Book View Copy Cite
40 citation events (6 in the last 25 years) across 22 distinct courts.
Strongest positive: Unknown case name (ca1, 1994-10-24)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Unknown case name
1st Cir. · 1994 · quote attribution · 1 verbatim quote · confidence high
respondents' defense of good faith is beside the point in this civil contempt proceeding.
discussed Cited as authority (verbatim quote) National Labor Relations Board v. Hospital San Francisco, Inc.
1st Cir. · 1993 · quote attribution · 1 verbatim quote · confidence high
respondents' defense of good faith is beside the point in this civil contempt proceeding.
discussed Cited as authority (rule) Glatz Aeronautical Corp. v. Ringgold
Bankr. E.D. Pa. · 2023 · confidence medium
Apr. 10, 2012) (finding non-party officer and director of corporate defendant, with access to the information and documents sought in discovery, could be found in contempt and sanctioned under the well-established principle that an officer responsible for the corporation’s affairs and for its disobedience to a court order may be held liable for contempt) (quoting NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir. 1984) and Wilson v. U.S., 221 U.S. 361 , 376 (1911), and collecting other caselaw in support); see also Vision West, Inc. v. Catalan (In re Catalan), 590 B.R. 678 , 688 n.9 (…
discussed Cited as authority (rule) Town of Portsmouth v. Lewis
1st Cir. · 2016 · confidence medium
Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984) (holding that claim for cost reimbursement and making employees whole is not moot, despite the defendant having ceased the challenged practice); see also Demelo v. U.S. Bank Nat’l Ass’n, 727 F.3d 117, 124-25 (1st Cir.2013) (claim for money damages survives despite mootness of other relief)Here, notwithstanding the statute repealing toll collection, the Town seemingly retains a cognizable interest in a refund of the tolls that it alleges were illegally collected.
discussed Cited as authority (rule) In Re: Grand Jury v. (2×)
3rd Cir. · 2012 · confidence medium
Co., 340 F.3d 373, 382 (6th Cir. 2003); NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir. 1984).
discussed Cited as authority (rule) Frankl ex rel. National Labor Relations Board v. HTH Corp.
D. Haw. · 2011 · confidence medium
Relevant to this action, “[a]n order to a corporation binds those who are legally responsible for the conduct of its affairs.” United States v. Laurins, 857 F.2d 529, 535 (9th Cir.1988) (citing NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984)); NLRB v. Sequoia Dist.
discussed Cited as authority (rule) Asseo Ex Rel. National Labor Relations Board v. Bultman Enterprises, Inc.
D.P.R. · 1996 · confidence medium
His dominant role at the Company (essentially a one-man managerial operation) as well as his active participation in both the unfair labor practice which led to the underlying judgments herein and in the contumacious conduct mandate his liability as a separate respondent in contempt.” Wilson v. United States, 221 U.S. 361, 376 , 31 S.Ct 538 , 542-543, 55 L.Ed. 771 (1911); NLRB v. Maine Caterers, 732 F.2d at 691 (1st Cir.1984); NLRB v. Vanguard Oil & Service Inc., 106 LRRM 2294, 2308 (S.M.
cited Cited as authority (rule) Colonial Williamsburg Foundation v. Kittinger Co.
4th Cir. · 1994 · confidence medium
Ventures, 851 F.2d 930, 934-35 (7th Cir.1988), and NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984).
cited Cited as authority (rule) The Colonial Williamsburg Foundation v. The Kittinger Company
4th Cir. · 1994 · confidence medium
Ventures, 851 F.2d 930, 934-35 (7th Cir.1988), and NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984).
discussed Cited as authority (rule) Securities & Exchange Commission v. Musella
S.D.N.Y. · 1993 · confidence medium
Local 28 of Sheet Metal Workers’ Int’l Ass’n, 753 F.2d at 1178 ; Donovan v. Sovereign Sec., Ltd., 726 F.2d 55 , 59 (2d Cir.1984); NLRB v. Maine Caterers, Inc., 732 F.2d 689, 690 (1st Cir.1984); TWM Mfg.
discussed Cited as authority (rule) United States v. Thomas R. Hochschild
6th Cir. · 1992 · confidence medium
Accord Donovan v. Trinity Indus., Inc., 824 F.2d 634 , 638 (8th Cir.1987) (holding corporate managers in civil contempt for refusing to honor administrative search warrants); NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984) (“It is well established ... that an officer, responsible for the corporation’s affairs and for its disobedience, may be held liable for contempt.”); NLRB v. Sequoia Dist.
cited Cited as authority (rule) Colonial Williamsburg Foundation v. Kittinger Co.
E.D. Va. · 1992 · confidence medium
Ventures, 851 F.2d 930, 934-35 (7th Cir. *1407 1988); NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984).
discussed Cited as authority (rule) United States v. Klein
N.D. Ill. · 1988 · confidence medium
Wilson v. United States, 221 U.S. 361, 376 , 31 S.Ct. 538 , 542, 55 L.Ed. 771 (1911); N.L.R.B. v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984) (corporate officer who is responsible for corporation’s affairs and for its disobedience may be held liable for contempt).
discussed Cited as authority (rule) Palmigiano v. DiPrete
D.R.I. · 1988 · confidence medium
Welfare, 692 F.2d at 796 , for example, the Circuit said flatly “good faith is not a defense to civil contempt.” Accord Donovan v. Enterprise Foundry, 751 F.2d 30, 38 (1st Cir.1984); NLRB v. Maine Caterers, Inc., 732 F.2d 689, 690 (1st Cir.1984).
cited Cited as authority (rule) United States v. Aleksandrs v. Laurins
9th Cir. · 1988 · confidence medium
NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984); see United States v. Wilson, 221 U.S. 361, 376 , 31 S.Ct. 538 , 542-43, 55 L.Ed. 771 (1911).
discussed Cited as authority (rule) Donovan v. Trinity Industries, Inc.
8th Cir. · 1987 · confidence medium
“It is well established * * * that an officer, responsible for the corporation’s affairs and for its disobedience, may be held liable for contempt.” NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir. 1984).
discussed Cited as authority (rule) Joseph A. Szabo, Regional Director of the National Labor Relations Board v. U.S. Marine Corporation
7th Cir. · 1987 · confidence medium
See United States v. ITT Continental Baking Co., 420 U.S. 223, 240 , 95 S.Ct. 926, 936 , 43 L.Ed.2d 148 (1975); NLRB v. Maine Caterers, Inc., 732 F.2d 689, 690-91 (1st Cir.1984); Motorola, Inc. v. Computer Displays Int’l, Inc., supra, 739 F.2d at 1156 .
discussed Cited as authority (rule) Matter of Kalpana Electronics, Inc.
Bankr. E.D.N.Y. · 1986 · confidence medium
Wilson v. U.S., 221 U.S. 361 , 31 S.Ct. 538 , 55 L.Ed. 771 (1911); N.L.R.B. v. Hopwood Retinning Co., 104 F.2d 302, 305 (2d Cir.1939) (Corporate president held in civil contempt for his company’s non-compliance with a court order where “the ultimate responsibility for this unfortunate ... situation is largely, if not solely, his”.); N.L.R.B. v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984) (Officer of a corporation responsible for the corporation’s actions and apprised of an order to the corporation, punished for civil contempt for the corporation’s disobedience to the order…
discussed Cited as authority (rule) Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Enterprise Foundry, Inc., and John Legendre
1st Cir. · 1984 · confidence medium
McComb v. Jacksonville Paper Co., 336 U.S. 187, 191 , 69 S.Ct. 497, 499 , 93 L.Ed. 599 (1949); NLRB v. Maine Caterers, Inc., 732 F.2d 689, 690 (1st Cir. 1984); Fortin v. Commissioner of the Massachusetts Department of Public Welfare, 692 F.2d 790, 796 (1st Cir.1982).
discussed Cited "see" National Labor Relations Board v. Beverly Enterprises-Massachusetts, Inc., D/B/A Beverly Manor Nursing Home
1st Cir. · 1999 · signal: see · confidence high
See N.L.R.B. v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984) (Breyer, J.) (upholding finding that employer violated Act by unilaterally changing work practices, and rejecting argument that the changes were too minor to have significant effect); St.
discussed Cited "see" NLRB v. Beverly
1st Cir. · 1999 · signal: see · confidence high
See N.L.R.B. v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir. 1984) (Breyer, J.) (upholding finding that employer violated Act by unilaterally changing work practices, and rejecting argument that the changes were too minor to have significant effect); St.
discussed Cited "see" NLRB v. Beverly
1st Cir. · 1999 · signal: see · confidence high
See N.L.R.B. v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir. 1984) (Breyer, J.) (upholding finding that employer violated Act by unilaterally changing work practices, and rejecting argument that the changes were too minor to have significant effect); St.
discussed Cited "see" Retlaw Broadcasting Co. v. National Labor Relations Board
9th Cir. · 1999 · signal: see · confidence high
See NLRB v. Maine Caterers, Inc., 732 F.2d 689, 690-91 (1st Cir.1984) (Breyer, J.) (citing Medo in concluding that company violated Act by negotiating directly with employees, without union’s consent, on matter affecting their compensation); NLRB v. General Elec.
discussed Cited "see" Retlaw Broadcasting Co. v. National Labor Relations Board
9th Cir. · 1999 · signal: see · confidence high
See generally 1 PATRICK HARDIN, THE DEVELOPING LABOR LAW 948-54 (3d ed. 1992 & Supp.1998) 5 See NLRB v. Maine Caterers, Inc., 732 F.2d 689, 690-91 (1st Cir.1984) (Breyer, J.) (citing Medo in concluding that company violated Act by negotiating directly with employees, without union's consent, on matter affecting their compensation); NLRB v. General Elec.
cited Cited "see" Janke v. Janke
S.D. · 1991 · signal: accord · confidence high
Accord, N.L.R.B. v. Maine Caterers, Inc., 732 F.2d 689 (1st Cir.1984); W.R.B.
discussed Cited "see, e.g." American Airlines, Inc. v. Allied Pilots Ass'n
N.D. Tex. · 1999 · signal: see also · confidence medium
If they, apprised of the writ directed to the corporation, prevent compliance or fail to take appropriate action within their power for the performance of the corporate duty, they, no less than the corporation itself, are guilty of disobedience, and may be punished for contempt”); See also N.L.R.B. v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984) (“[A]n officer, responsible for the corporation’s affairs and for its disobedience, may be held hable for contempt.”) As evidenced by the contumacious conduct set forth in the Findings of Fact above, Defendants LaVoy and Mayhew failed…
cited Cited "see, e.g." National Labor Relations Board v. Castaways Management, Inc.
11th Cir. · 1989 · signal: see also · confidence medium
See also NLRB v. Maine Caterers, Inc., 732 F.2d 689, 691 (1st Cir.1984) (termination of employer’s business does not necessarily render NLRB proceedings moot).
Retrieving the full opinion text from the archive…
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
MAINE CATERERS, INC., Et Al., Respondents. Brotherhood of Industrial Caterers, Intervenor
80-1778.
Court of Appeals for the First Circuit.
Apr 10, 1984.
732 F.2d 689
William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Peter Ames Eveleth, Asst. Gen. Counsel for Contempt Litigation, Peter Winkler, and Michael David Pox, Attys., N.L.R.B., Washington, D.C., on brief for petitioner., Amato A. DeLuca, and Revens & DeLuca Ltd., Warwick, R.I., on brief for respondents.
Campbell, Coffin, Breyer.
Cited by 35 opinions  |  Published
BREYER, Circuit Judge.

On February 10, 1982, the National Labor Relations Board asked us to adjudge Maine Caterers, Inc., W.H. Maine, Inc., and W.H. Maine (individually), to be in civil contempt of this court’s decree enforcing a Labor Board order against them. NLRB v. Maine Caterers, Inc., 654 F.2d 131 (1st Cir.1981), enforcing Maine Caterers, Inc., 251 N.L.R.B. 505 (1980), cert. denied, 455 U.S. 940, 102 S.Ct. 1432, 71 L.Ed.2d 651 (1982). We referred the matter to a special master, who has held hearings, taken evidence, and has recommended a finding of contempt. The Board wishes us to adopt the Master’s recommendations, the respondents object. On the basis of the papers before us, we find nothing “clearly erroneous” about the Master’s findings of fact; nor do we find any error of law. United States v. Volpe, 359 F.2d 132, 134 (1st Cir.1966); Oil, Chemical and Atomic Workers International Union v. NLRB, 547 F.2d 575, 580 (D.C.Cir.1976), cert. denied, 431 U.S. 966, 97 S.Ct. 2923, 53 L.Ed.2d 1062 (1977). We adopt the findings and recommendations.

The objections that respondents make here are basically the same as those made before the Master. Because his report deals with them correctly and in detail, we need only briefly discuss our reasons for rejecting respondents’ arguments.

1. Respondents admit that they did not post the notice required by the court’s July 16, 1981 decree until February 18, 1982. Respondents’ defense of good faith is beside the point in this civil contempt proceeding. McComb v. Jacksonville Paper Co., 336 U.S. 187, 191, 69 S.Ct. 497, 499, 93 L.Ed. 599 (1949); Fortin v. Commissioner of the Massachusetts Department of Public Welfare, 692 F.2d 790, 796 (1st Cir.1982).

2. The court’s order requires the respondents to bargain in good faith with the Union. Whether respondents’ February 15, 1982, unilateral increase in charges and fees assessed their employees violated this bargaining obligation is primarily a question of fact. The unilateral nature of the changes, the absence of an effort to bargain, and the other circumstances to which the Master points are more than sufficient to support his conclusion of violation.

3. Whether or not respondents’ unilateral reinstitution of fees and charges in June and July 1982 violated the court’s order depends on whether the parties had first bargained to an impasse. NLRB v. Katz, 369 U.S. 736, 743, 82 S.Ct. 1107, 1111, 8 L.Ed.2d 230 (1962). Again, this is basically a factual question. The circumstances to which the Master points, including apparent summary employer rejection of a significant union compromise effort, are more than sufficient to support the conclusion of violation. See American Federation of Television & Radio Artists v. NLRB, 395 F.2d 622, 628 (D.C.Cir.1968).

4. The Master found that the employer bypassed the Union and negotiated directly[*691] with the employees about one minor matter — the right to make coffee on the drivers’ catering trucks. This matter affected the drivers’ compensation. And, the Master could reasonably have found that the Union did not waive its right to bargain on the issue. (Indeed, the Union complained to the Board about the ‘bypass’). The Master’s finding is adequately supported. Medo Corp. v. NLRB, 321 U.S. 678, 683-84, 64 S.Ct. 830, 832-33, 88 L.Ed. 1007 (1944); NLRB v. General Electric Co., 418 F.2d 736, 755 (2d Cir.1969), cert. denied, 397 U.S. 965, 90 S.Ct. 995, 25 L.Ed.2d 257 (1970).

5. The Master found that the respondents violated the order by unilaterally raising the price of milk and cream, and by changing certain work practices concerning rolls, sandwiches, and so forth. Respondents essentially claim these changes were too minor to have significantly affected the wages of the drivers or their working conditions. The Master pointed out, however, that the drivers’ compensation amounted to the difference between what they paid for food items and what they collected on resale. Thus, all these changes would seem to affect either compensation or working conditions. And, respondents have pointed to no factual evidence demonstrating the contrary. We find, on this basically factual matter, no clear error.

6. William H. Maine argues that he should not be held personally liable and that, to do so, ignores “the corporate entity.” It is well established, however, that an officer, responsible for the corporation’s affairs and for its disobedience, may be held liable for contempt. Wilson v. United States, 221 U.S. 361, 376, 31 S.Ct. 538, 542, 55 L.Ed. 771 (1911); NLRB v. International Shoe Corp. of Puerto Rico, 423 F.2d 503, 505 (1st Cir.1970). Moreover, the Board here points out in its brief that it “did not seek nor did the Special Master impose, liability on William H. Maine for the Company’s financial obligations.” It adds that the “Special Master’s proposed order, like standard Board orders, runs against ‘the Company, its officers, agents, successors and assigns.’ ” The contempt order does not impose adverse personal financial consequences upon William H. Maine except to the extent it is fair and lawful to do so. We find no error.

7. Respondents argue that the entire proceeding is moot because they have dissolved their business and no longer employ the union members. It is well established, however, that termipation of an employer’s business does not necessarily render a Labor Act proceeding moot. NLRB v. Mexia Textile Mills, Inc., 339 U.S. 563, 567-68, 70 S.Ct. 826, 828-29, 94 L.Ed. 1067 (1950). The adjudication of contempt in this case may still serve a useful purpose. The Master’s recommended order proposes remedies (such as cost reimbursement and making employees whole) that may still prove important. The Board points out that if “the Company is truly out of business, ‘the Board will naturally not require action now impossible for respondent to perform.’ ” NLRB v. Haspel, 228 F.2d 155, 156 (2d Cir.1955). On this understanding, we do not accept the respondents’ argument.

For these reasons, as elaborated at greater length in the Special Master’s report, we accept his recommendations. We adjudge the respondents to be in civil contempt and require the Company, its officers, agents, successors and assigns to purge themselves of contempt by:

1. Fully complying with and obeying the court’s decree of July 16, 1981, and each of the provisions of the Board’s order thereby enforced, and not in any way by action or inaction to commit, engage in, induce, encourage, permit or condone any violation of said decree;

2. Refraining from making any unilateral changes affecting wages, hours, or[*692] terms and conditions of employment without first notifying and offering to bargain, and upon request, bargaining with the Union;

3. Refraining from bypassing the certified bargaining representative and engaging in direct dealing with employees over matters affecting wages, hours, or terms and conditions of employment;

4. Upon request, bargaining with the Union as the exclusive representative of all employees in the appropriate unit with respect to rates of pay, wages, hours, and other terms and conditions of employment, and, if an understanding is reached, to embody such understanding in a signed agreement;

5. Rescinding all unilateral changes in the route rental fee, daily service charge, food item prices, and work policies imposed upon employees without bargaining in good faith with the Union; and making whole the employees for any losses suffered by reason of the unilateral changes, the amounts, unless agreed upon, to be fixed by the Board in a supplemental proceeding, subject to review by the court;

6. Preserving and making available to the Board for examination and copying all records necessary or useful to compute the amounts necessary to make the employees whole as set forth above, and necessary or useful to monitor compliance with the court’s purgation order;

7. Immediately posting in conspicuous places, including all places where notices to employees are customarily posted, for a period of 60 days, copies of this contempt adjudication and of an appropriate notice in the form prescribed by the Board and signed by an officer of the Company and William H. Maine, which states that the Company and Maine have been adjudicated in civil contempt of this court for disobeying and failing to comply with the decree of the court, and that the Company and Maine will immediately undertake the action in purgation ordered by the court; maintaining said notice and adjudication in clearly legible condition throughout the posting period, and assuring that they are not altered, defaced, or covered by any other material; and by mailing, at the Company’s expense, a copy of the notice and contempt adjudication to each of the Company’s current employees and all former employees employed since the entry of the court’s July 16, 1981 decree, and providing to the Director of the Board’s First Region a list of the names and addresses of all employees and former employees to whom the documents were mailed, together with proof of mailing;

8. Filing separate sworn statements with the Clerk of this court and mailing copies thereof to the Director of the Board’s First Region within ten days after entry of the order of adjudication, and again at the end of the posting period, showing what steps have been taken by the Company and Maine to comply with the court’s directions, and making such further reports as the court may require;

9. Reimbursing the Board for all costs and expenditures, including reasonable attorneys’ salaries, incurred by the Board in the investigation, presentation, and final disposition of this proceeding, and the costs to the Board of the Special Master’s services, said amount, unless agreed upon, to be fixed by the court upon submission by the Board of a verified statement of costs and expenses.

In order to assure against further violations of the court’s decree and contempt order, this court imposes a prospective compliance fine against the company of $2,500 for each future violation and $250 per day so long as such violation continues, and a prospective compliance fine against William H. Maine of $1,000 per violation and $100 per day continuing. This court expressly reserves jurisdiction to issue attachment against any officer or agent of[*693] the company, or against William H. Maine, if responsible for future non-compliance.