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N.L.R.B. v. HALE CONTAINER LINE, INC.

No. 89-2381.

943 F.2d 394 (1991)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HALE CONTAINER LINE, INC., Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1991.

Attorney(s) appearing for the Case

Warren Malcolm Davison, Littler, Mendelson, Fastiff & Tichy, Baltimore, Md., argued (Benjamin W. Hahn, on brief), for petitioner.

Frederick Lee Cornell, Jr., N.L.R.B., Washington, D.C., argued (Jerry M. Hunter, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Peter Winkler, Supervisory Atty., N.L.R.B., on brief), for respondent.

Before PHILLIPS, Circuit Judge, SMITH, Senior Circuit Judge for the Court of Appeals for the Federal Circuit, sitting by designation, and YOUNG, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

EDWARD S. SMITH, Senior Circuit Judge:

Hale Container Line, Inc. (Company) terminated employees Wayne Owens (Owens) and Mark Bull (Bull). In the ensuing grievance proceeding, the National Labor Relations Board (NLRB) held: (1) ship engineer is a statutory "employee" as defined by the National Labor Relations Act; and (2) termination of both employees was directly related to their union involvement. The NLRB ordered the Company to cease and desist...

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