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Phoenix Processor Limited Partnership

348 N.L.R.B. 28 (N.L.R.B. 2006)
Phoenix Processor Limited Partnership

25 Cited authorities

  1. Chandris, Inc. v. Latsis

    515 U.S. 347 (1995)   Cited 691 times   7 Legal Analyses
    Holding that the Jones Act and the LHWCA are "mutually exclusive compensation regimes"

  2. McDermott International, Inc. v. Wilander

    498 U.S. 337 (1991)   Cited 530 times   2 Legal Analyses
    Holding that Jones Act status turns on the employee's “precise relation” to the vessel

  3. Nat'l Labor Relations Bd. v. J. Weingarten, Inc.

    420 U.S. 251 (1975)   Cited 434 times   64 Legal Analyses
    Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness

  4. National Labor Rel. B. v. Kentucky R. Comm. C

    532 U.S. 706 (2001)   Cited 180 times   29 Legal Analyses
    Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

  5. Labor Board v. Brown

    380 U.S. 278 (1965)   Cited 473 times   2 Legal Analyses
    Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"

  6. Nat'l Labor Relations Bd. v. City Disposal Systems, Inc.

    465 U.S. 822 (1984)   Cited 206 times   9 Legal Analyses
    Holding that a "lone employee's invocation of a right grounded in his collective-bargaining agreement is . . . a concerted activity in a very real sense" because the employee is in effect reminding his employer of the power of the group that brought about the agreement and that could be reharnessed if the employer refuses to respect the employee's objection

  7. Labor Bd. v. Washington Aluminum Co.

    370 U.S. 9 (1962)   Cited 206 times   3 Legal Analyses
    Holding that certain employee conduct crosses the line from protected activity to "indefensible" conduct that loses NLRA protections

  8. N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.

    662 F.2d 899 (1st Cir. 1981)   Cited 357 times   46 Legal Analyses
    Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

  9. Carpenters' Union v. Labor Board

    357 U.S. 93 (1958)   Cited 201 times
    Rejecting Government position that we should defer to the Board's interpretation of the Interstate Commerce Act

  10. U.S. Bulk Carriers v. Arguelles

    400 U.S. 351 (1971)   Cited 127 times
    Holding that the Labor Management Relations Act (LMRA) did not abrogate the Seaman's Wage Act remedy

  11. Section 10601 - Fishing agreements

    46 U.S.C. § 10601   Cited 48 times

    (a) Before proceeding on a voyage, the owner, charterer, or managing operator, or a representative thereof, including the master or individual in charge, of a fishing vessel, fish processing vessel, or fish tender vessel shall make a fishing agreement in writing with each seaman employed on board if the vessel is- (1) at least 20 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section

  12. Section 11501 - Penalties for specified offenses

    46 U.S.C. § 11501   Cited 6 times
    Providing penalties for refusing to follow a Captain's lawful orders while at sea

  13. Section 2193 - Revolt or mutiny of seamen

    18 U.S.C. § 2193   Cited 6 times
    Punishing revolt or mutiny and incitement to either

  14. Section 2192 - Incitation of seamen to revolt or mutiny

    18 U.S.C. § 2192   Cited 4 times
    Providing penalties for encouraging disobedience or resisting the lawful orders of the master

  15. Section 11502 - Entry of offenses in logbook

    46 U.S.C. § 11502

    (a) When an offense listed in section 11501 of this title is committed, an entry shall be made in the vessel's official logbook- (1) on the day of the offense; (2) stating the details; (3) signed by the master; and (4) signed by the chief mate or another seaman. (b) Before arrival in port if the offense was committed at sea, or before departure if the offense was committed in port and the offender is still on the vessel- (1) the entry shall be read to the offender; (2) the offender shall be given