Opinion
June 2, 1939.
Writ of Certiorari granted 60 S.Ct. 123, 84 L.Ed. ___.
Proceedings between the Amalgamated Utility Workers, the Consolidated Edison Company of New York, Inc., the International Brotherhood of Electrical Workers, and others. A motion was made by the Amalgamated Utility Workers to adjudge the Consolidated Edison Company, Inc., and others in contempt, and at the same time a motion was made on behalf of the Consolidated Edison Company of New York, Inc., and others and another similar motion on behalf of the International Brotherhood of Electrical Workers and others to dismiss the motion made by the Amalgamated Utility Workers.
Before SWAN, HAND and PATTERSON, Circuit Judges.
Motion denied on ground that moving party has no standing to press a charge of civil contempt, if contempt has been committed. Under the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., the Board is the proper party to apply to the court for an order of enforcement and to present to the court charges that the court's order has not been obeyed.
Motion denied on ground that the matters submitted in support thereof should properly be asserted in opposition to the Amalgamated Utility Workers' motion to punish for contempt.