Labor Law
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue labor law:
Corrada
Betances v. Sea-Land Service
First Circuit Court of Appeals
May 3, 2001
Labor Law: the district court entered
summary judgment dismissing plaintiff's wrongful discharge claim based
on the following undisputed facts: At the end of his shift on April 21,
1997, Plaintiff left Sea-Land's premises with a fellow supervisor. The
pair visited various watering holes, imbibing as they went. Five hours
later, they returned to Sea-Land's premises for a car, but did not simply
drive away, but, rather, entered the marine department office (where others
were still toiling) and engaged in raucous behavior. On April 22, Plaintiff
was suspended for two weeks. On November 11, 1997, Plaintiff called the
office to say that he would be late for work. When he arrived, he was wearing
the same clothes that he had been wearing the day before and a fellow supervisor
smelled a strong odor of alcohol on his breath. Various co-workers noticed
slurred speech, bloodshot eyes, slumped posture, and other indicia of inebriation.
The marine manager spent a few minutes with Plaintiff, obviously disliked
what he saw, told Plaintiff that he was in no shape to work, and ordered
him to leave the premises. The next day, Sea-Land terminated Plaintiff's
employment. Noting that "there is little point in attempting to reinvent
a well-fashioned wheel", the First Circuit "declined the invitation" to
reverse the district court's summary dismissal of Plaintiff's wrongful
discharge claim.
Inlandboatmens
Union of the Pacific v. Dutra Construction
Ninth Circuit Court of Appeals
February 7, 2002
Labor Law/Arbitration: Disputes arising
under a side agreement that does not contain an arbitration provision must
nonetheless be arbitrated if the dispute relates to a subject that is within
the scope of the collective bargaining agreement's ("CBA") arbitration
clause. Thus, the dispute here over a settlement agreement concerning subcontracting
procedures, which is a matter explicitly referred to in the CBA, must be
arbitrated under the CBA's broad arbitration clause.
Harper
v. United States Seafoods LP
Ninth Circuit Court of Appeals
January 29, 2002
Labor Law: 46 U.S.C. § 10601,
which requires the master of a fishing vessel to "make an . . . agreement
in writing" with each crewmember before a voyage, also requires the master's
signature on the agreement, and the master's failure to have signed the
agreement at issue renders it invalid.
Bora
Do v. Ocean Peace Inc.
Ninth Circuit Court of Appeals
January 29, 2002
Labor Law: since plaintiffs worked
as initial fish processors on the factory trawler F/T Ocean Peace, they
are exempt employees under the "first processing" provision of the Fair
Labor Standards Act, 29 U.S.C. §§ 201-219, which relieved Ocean
Peace from federal minimum wage and hour requirements; but, plaintiffs
are not barred from bringing their wages claims by the six-month limitations
period for in rem actions contained in 46 U.S.C. § 10602
since their employment agreements were invalid because they lacked a master's
signature as required by 46 U.S.C. § 10601.
Brusco
Tug & Barge v. NLRB
District of Columbia Court of Appeals
May 1, 2001
Labor Law: the National Labor Relations
Board rejected owner's argument that mates on its tugboats are supervisors
within the meaning of the National Labor Relations Act, and found that
owner, by interfering with its mates' right to organize, had committed
an unfair labor practice; but, because the Board failed adequately to explain
its decision, the Circuit Court denied enforcement and remanded for further
proceedings. |