National Labor Relations Board v. Trident Seafoods Corp.

Good Law
642 F.2d 1148·106 L.R.R.M. (BNA) 2895·1981 U.S. App. LEXIS 18992
United States Court of Appeals for the Ninth CircuitMarch 23, 198179-7545California1,053 words

Opinion

Opinion

Fletcher, J.

This is an application for enforcement of an order of the National Labor Relations Board requiring respondent Trident Sea-foods to cease and desist its unfair labor practices, to post appropriate notices, and to reinstate with back pay certain striking employees. We enforce the Board’s order.

FACTS

Trident operates a seafood processing plant aboard a vessel permanently moored in Akutan Bay, Alaska, a remote area in the Aleutian Islands. The employees involved in this proceeding were hired for the 1978 king crab season. On October 15, 1978, midway through the two-month season, thirteen employees went on strike demanding higher wages. The striking employees rejected Trident’s compromise wage offer. Management thereupon discharged twelve of the employees for refusal to work and informed them that they would be ineligible for rehire. The thirteenth striker returned to work. The discharged employees returned to Seattle.

By letter dated October 18 and received by the employees about October 20, Trident informed the discharged employees that it had been mistaken in describing their cessation of work as a discharge and in informing them that they were ineligible for rehire. The letter…

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