United States Ninth Circuit

The district court's orders finding defendant's Locals 21 and 4 in contempt and ordering it to pay compensatory damages arising when defendant engaged in protest activities at a grain terminal and the grain terminal filed charges against defendant with the National Labor Relations Board is: 1) affirmed in part, where the district court did not abuse its discretion when it awarded compensatory damages to the grain terminal, the record supported the amount of damages awarded to the grain terminal and the NLRB, and the grain terminal's participation in the civil contempt proceedings did not exceed the statutorily limited role under Section 160(l) of the National Labor Relations Act given to charging parties in an action before the NLRB; but 2) reversed in part, where the district court abused its discretion when it awarded compensatory damages to Burlington Northern Sante Fe, and the various law enforcement agencies that responded to the scenes of defendant's protests, because those entities were not parties to the underlying NLRB actions.

Appellate Information

• Decided 07/05/2013
• Published 07/05/2013

Judges

• COLLINS

Court

• United States Ninth Circuit

Counsel