Mt. Vernon Tanker Company v. National Labor Relations Board

The sole question presented is whether it is a violation of § 8(a)(1) of the National Labor Relations Act to require a seaman, without the presence of a union representative, to take part in a “logging” (a proceeding in which the seaman is given notice of entries in the ship’s log relating to misconduct with which he is charged). The N.L. R.B. found that this constituted an unfair labor practice in violation of § 8(a)(1), 29 U.S.C. § 158 (a)(1). Mt. Vernon Tanker Co., 218 N.L.R.B. 1423 (1975). The Board reached its decision by applying NLRB v. J. Weingarten, Inc., 420 U.S. 251 , 95 S.Ct. 959 , 43 L.Ed.2d 171 (1975) to the facts of this case. We find Weingarten to be inapposite. We deny enforcement and set aside the Board’s order.

On the morning of October 23, 1973, while the S.S. Mount Vernon Victory was riding at anchor off Chittagong, Bangladesh, crew members Lial and Flores were in the engine room’s machine shop attempting to fabricate a part for a deck winch. While the two men were thus engaged, Chief Engineer Donald H. Collins accused Lial of wasting time and ordered him to leave the engine room and return to the deck. Lial refused to leave. Collins then reported…