The opinion of the court was delivered by: BONSAL
This cause came to be heard upon the order to show cause issued on November 11, 1971 and on the verified petition of Ivan C. McLeod, Regional Director of the Second Region of the National Labor Relations Board ("Board"), seeking to adjudicate respondent, Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO ("Local 3"), in civil contempt of this court for failing and refusing to obey a temporary injunction issued by Judge Cooper on October 28, 1971.
The temporary injunction enjoined Local 3, its officers, agents, servants, employees, attorneys and all members acting in concert with them from inducing or encouraging any member of Local 3 employed by L. K. Comstock and Co. ("Comstock"), Lord Electric Co. ("Lord"), and J. Livingston & Co. ("Livingston") to engage in strikes or refusals in the course of their employment to handle materials or goods with the object of requiring Comstock, Lord or Livingston to cease doing business with New York Telephone Co. ("Telephone"). The temporary injunction is effective pending final disposition of a charge filed with the Board on September 21, 1971 by Telephone alleging that Local 3 had engaged in unfair labor practices within the meaning of § 8(b)(4) of the National Labor Relations Act ("Act"). Hearings on the charge began before the Board on November 1, 1971 and have not yet concluded. The temporary injunction has continued in effect at all times material herein and Local 3 has had notice and actual knowledge of its terms.
Hearings on this civil contempt proceeding began on November 19, 1971 and concluded on November 30, 1971. At the hearings, all parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, to present evidence bearing on the issues, to argue on the evidence and the law, and to submit briefs. At the conclusion of the hearings, the court kept the record open and post-hearing affidavits were submitted by the Board on December 7, 1971 and by Local 3 on December 14, 1971. Upon the entire record, the court makes the following Findings of Fact:
1. Since the entry of the temporary injunction on October 28, 1971, the record reveals the following instances of refusals by members of Local 3 employed by Comstock, Lord or Livingston to handle or accept deliveries of cable and wire delivered by Telephone at the following job sites which are all in the Borough of Manhattan, City and State of New York:
(a) Oct. 28, 1971, employees of Livingston at One Liberty Plaza;
(b) Oct. 29, 1971, employees of Comstock at East 94th and Park;
(c) Nov. 1, 1971, employees of Comstock at 125 East 86th St. However, the record shows that this delivery was later accepted by Local 3 men.
(d) Nov. 1, 1971, employees of Lord at 461 8th Ave.;
(e) On or about Nov. 1, 1971, employees of Lord at 1301 Avenue of the Americas;
(f) Nov. 3, 1971, an employee of Lord at 1271 Avenue of the Americas;
(g) Nov. 3, 1971 and Nov. 10, 1971, employees of Lord at 1221 Avenue of the Americas;
(h) Nov. 5, 1971 and Nov. 11, 1971, employees of Comstock at 1114 ...