Does anyone know whether teachers defying their court order to end the illegal strike is a civil issue or a criminal one?
This is deeply rooted in labor law and the rights of organized labor. For example, contempt of court and fines against union leaders. See the Fair Labor Standards Act.
Both civil and criminal contempt judgments can be brought against the defendant. At times, the court found the individual and organization guilty of both civil and criminal contempt.
In one case:
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.\"
Fidanian's position is that Section 401 cannot, in a Fair Labor Standards Act case, be read in vacuo. He contends that it must be read in pari materia with Section 16(a) of the Fair Labor Standards Act, 29 U.S.C.A. Sec. 216(a) (1970), which provides:
\"Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both.\"
$10.000 seems like a big fine but then again it does depend on the specific circumstances. In some cases that plus the prison time is just not enough. I’ve seen instances where both of these situations happened. It’s hard to get a big fine when you didn’t do much actually and it’s also disappointing to see someone getting just 6 months of prison and a small fine (for them) of $10.000. And yes, these things should show up on a background search.
Yes things like these should show up in a free criminal background search online because we have a right know them. As to the fines, there are cases and cases and the end solution is not always the most equitable one, that's for sure.