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THE HONORABLE JUDGE

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA RICHARD L. AHEARN, Regional Director of the Nineteenth Region of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD Petitioner v. INTERNATIONAL LONGSHORE and WAREHOUSE UNION, LOCAL 21 Respondent and INTERNATIONAL LONGSHORE and WAREHOUSE UNION, LOCAL 4 Respondent ) ) ) ) ) Civil No. 3:11-cv-05684 ) ) ) (PROPOSED) ORDER ) ADJUDICATING ) RESPONDENTS IN ) CIVIL CONTEMPT ) ) ) ) ) ) ) ) )

ANNE P. POMERANTZ, Regional Attorney, Region 19 DANIEL SANDERS, Attorney, Region 19 JOHN FAWLEY, Attorney, Region 19 HELENA FIORIANTI, Attorney, Sub-Region 36 NATIONAL LABOR RELATIONS BOARD, Region 19 915 Second Avenue, Room 2948 Seattle, Washington 98174, Telephone: (206) 220-6301

(PROPOSED) ORDER ADJUDICATING - Page 1 RESONDENTS IN CIVIL CONTEMPT Civil No. 3:11-cv-05684

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(PROPOSED) ORDER ADJUCATING RESPONDENTS IN CIVIL CONTEMPT This matter is before the Court upon the Motion of Petitioner, Richard L. Ahearn, Regional Director for the Nineteenth Region of the National Labor Relations Board (the Board), for an order adjudicating Respondent International Longshore and Warehouse Union, Local 21 (Local 21) and Respondent International Longshore and Warehouse Union, Local 4 (Local 4) (collectively, Respondents), in civil contempt of this Courts Temporary Restraining Order (TRO) of September 1, 2011. The Court, upon

consideration of the pleadings, evidence, briefs, arguments of counsel and the entire record in this case, has concluded that there is clear and convincing evidence that Respondents are in civil contempt of this Courts September 1, 2011 Order. Now, therefore, upon the entire record, IT IS ORDERED, ADJUDGED, AND DECREED that Respondents Local 21 and Local 4, their officers, members, agents, representatives, servants, employees, and attorneys, and all persons acting in concert or participation with them, be adjudged in civil contempt, and that they purge themselves of contempt and that Respondents and each of the aforementioned: (1) fully comply with all the terms of this Courts September 1, 2011 Temporary Restraining Order, and any subsequent or further TRO and/or preliminary injunction entered in this case, as well as this Order Adjudicating Respondents in Civil Contempt; (2) within twenty-four (24) hours, sign a Notice, approved by this Court, stating that Local 21 and Local 4 were found in contempt of the September 1, 2011 Temporary Restraining Order, denouncing that
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contumacious conduct, explaining the terms of the TRO, and subsequent or further TRO and/or preliminary injunction, and this ORDER, and directing all of Respondents officers, members, agents, representatives, servants, employees, and attorneys, and all persons acting in concert or participation with them to refrain from similar conduct; provide each of their officers, representatives, employees, agents and members and picketers/protestors, and any other persons acting in concert or participation with them, including their sister Locals and the International, participating at any picketing or at any demonstrations at or near the roads or gates leading into the EGT facility at the Port of Longview, or at or near the facility, wherever located, of any person doing business with EGT, with a copy of that Notice and of any and all ORDERS of the Court in this proceedings; file affidavits of compliance with the court, with copies served simultaneously with the Region Director of Region 19 of the Board, within five (5) days, stating with specificity how Respondents have complied with this ORDER, including how and to whom copies of the Notice and this Order have been provided; and comply with any further relief of a remedial nature that this Court deems necessary to coerce future compliance. IT IS FUTHER ORDERED that to ensure future compliance with this ORDER, the September 1, 2011 TRO, and any subsequent further TRO and/or
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Preliminary Injuction, the Court hereby imposes suspended compliance fines against Respondents in the amounts set forth in detail below. (1) up to $25,000 (twenty-five thousand dollars) against Respondent Local 21 for each further violation of this Order Adjudicating Respondents in Civil Contempt, this Courts September 1, 2011 Temporary Restraining Order, or any subsequent or further TRO and/or preliminary injunction entered in this case. (2) Up to $25,000 (twenty-five thousand dollars) against Respondent Local 4 for each further violation of this Order Adjudicating Respondents in Civil Contempt , this Courts September 1, 2011, Temporary Restraining Order, or any subsequent or further TRO and/or preliminary injunction entered in this case. IT IS FUTHER ORDERED that, upon the failure of Respondents in contempt to comply with any of the terms of this Order Adjudicating Respondents in Civil Contempt, or of any further breach of this Courts September 1, 2011 Temporary Restraining Order, or any subsequent or further TRO and/or preliminary injunction entered in this case, the Court will, upon motion by Petitioner, rescind the suspension and impose the stated fines upon Respondents. IT IS SO ORDERED.

DATED at Tacoma, Washington this __________ day of _____________ 2011. ___________________________ UNITED STATES DISTRICT JUDGE
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Presented by: /s/ Anne Pomerantz /s/ Daniel Sanders /s/ John Fawley /s/ Helena Fiorianti Anne Pomerantz, CA Bar 204059; NY Bar 2398428 Daniel Sanders, WA Bar 3679 John Fawley, MA Bar 160410 Helena Fiorianti, NJ Bar 2006-00127; NY Bar 4442786 National Labor Relations Board 915 2nd Ave, Suite 2948 Seattle, WA 98174 Telephone (206) 220-6301 Fax: (206) 220-6305 Email: Anne.Pomerantz@nlrb.gov Daniel.Sanders@nlrb.gov John.Fawley@nlrb.gov Helena.Fiorianti@nlrb.gov Counsel for Petitioner

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