Sabine Towing & Transp. Co., Inc. v. N.L.R.B., Nos. 77-1261

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore TJOFLAT and HILL; TJOFLAT
Citation599 F.2d 663
Parties101 L.R.R.M. (BNA) 2956, 86 Lab.Cas. P 11,439 SABINE TOWING & TRANSPORTATION COMPANY, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SABINE TOWING & TRANSPORTATION CO., INC., Respondent.
Docket Number77-2540,Nos. 77-1261
Decision Date27 July 1979

Page 663

599 F.2d 663
101 L.R.R.M. (BNA) 2956, 86 Lab.Cas. P 11,439
SABINE TOWING & TRANSPORTATION COMPANY, INC.,
Petitioner-Cross-Respondent,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
SABINE TOWING & TRANSPORTATION CO., INC., Respondent.
Nos. 77-1261, 77-2540.
United States Court of Appeals,
Fifth Circuit.
July 27, 1979.

John H. Smither, William A. Jones, Jr., Houston, Tex., for Sabine Towing & Transp. Co., Inc. in both cases.

Lynne E. Deitch, Atty., N. L. R. B., Washington, D. C., Elliott Moore, Dep. Assoc., Gen. Counsel, N. L. R. B., Washington, D. C., for N. L. R. B. in both cases.

Benjamin Schlesinger, Michael S. London, New York City, for Seafarers Union in both cases.

Petition for Review and Cross Application for Enforcement of an Order of the National Labor Relations Board.

Application for Enforcement of an Order of the National Labor Relations Board.

Before TJOFLAT and HILL, Circuit Judges, and HIGGINBOTHAM, * District Judge.

TJOFLAT, Circuit Judge:

This consolidated appeal features the petition of Sabine Towing & Transportation Co., Inc. (Sabine) for review of one aspect of a decision of the National Labor Relations Board (the Board) in Case No. 77-1261, 205 NLRB 423 (1973), and the petition of the Board for enforcement of its entire

Page 664

order in that case and its order in Case No. 77-2540, 224 NLRB 941 (1976). The Board found Sabine in violation of sections 8(a)(1), 8(a)(3), and 8(a)(4) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), (3), (4) (1976), in a number of ways. Because its findings are clearly supported by substantial evidence, we enforce without further discussion the Board's entire order in Case No. 77-2540 and all but one aspect of its order in Case No. 77-1261. In the latter case, the Board misallocated the burden of proof in attempting to balance the property rights of Sabine against the organizational rights of non-Sabine-employee organizers from Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District (SIU) to carry out activities on Sabine's property. In so doing, the Board found that Sabine denied SIU organizers access to employees on Sabine's property and, accordingly, violated section 8(a)(1) of the Act. Had the Board charged SIU with the burden of proving nonaccess, as an intervening Supreme Court decision mandates, it would have been required to find for Sabine on the issue. We do so now and deny enforcement to the pertinent portion of the Board's order in Case No. 77-1261.
I

Sabine operates a small fleet of ocean-going oil tankers which ply the coastal waters of the United States. Since 1947, Sabine's unlicensed seaman employees have been represented by the Sabine Independent Seamen's Association (SISA). In 1967, both SIU and the National Maritime Union (NMU) petitioned the Board for a representation election, which was won by SISA. In April 1971, SIU petitioned for another election; SIU, SISA and NMU all appeared on the ballot. After the election petition was filed, SIU requested that Sabine allow its organizers, none of whom were Sabine employees, to board Sabine's vessels in order to campaign among the unlicensed seamen, who resided on Sabine's tankers. Sabine refused SIU's request.

After the June 1971 election, which was won by SISA, SIU filed charges against Sabine for, among other things, denying its organizers access to the tankers. Following a lengthy hearing, the Administrative Law Judge (ALJ) held that the General Counsel had...

To continue reading

Request your trial
4 practice notes
  • Williams v. Seidenbach, No. 18-31159
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 4 Mayo 2020
    ...claims against the purportedly dismissed defendants would still be "pending in district court," as circuit precedents confirm. Exxon , 599 F.2d at 663. See also Perry v. Schumacher Grp. of La. , 891 F.3d 954, 958–59 (11th Cir. 2018) ("[T]he [ Rule 41(a)(1)(A) ] Stipulation, which purported ......
  • United Steelworkers of America v. N.L.R.B., Nos. 79-1943
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 25 Febrero 1981
    ...F.2d 147 (6th Cir. 1948). But see Hutzler Brothers Co. v. NLRB, 630 F.2d 1012 (4th Cir. 1980); Sabine Towing & Transportation Co. v. NLRB, 599 F.2d 663 (5th Cir. 1979); NLRB v. Tamiment, Inc., 451 F.2d 794 (3d Cir. 1971), cert. denied, 409 U.S. 1012, 93 S.Ct. 440, 34 L.Ed.2d 306 (1972); NLR......
  • Giant Food Markets, Inc. v. N.L.R.B., No. 79-1248
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 23 Octubre 1980
    ...available when the intended audience consists of employees, see NLRB v. Babcock & Wilcox Co., supra; Sabine Towing & Transp. Co. v. NLRB, 599 F.2d 663 (5th Cir. 1979), the Board and the courts have rarely upheld trespassory organizational activity. 436 U.S. at 205, 98 S.Ct. at 1761, 56 L.Ed......
  • Belcher Towing Co. v. N.L.R.B., No. 78-3343
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 21 Marzo 1980
    ...incorrectly placed the burden of proving the existence of alternative means on the employer. 2 Sabine Towing & Transportation Co. v. NLRB, 599 F.2d 663 (5th Cir. 1979), makes it clear that the union, represented by the General Counsel, bears the burden of proving that it has no other reason......
4 cases
  • Williams v. Seidenbach, No. 18-31159
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 4 Mayo 2020
    ...claims against the purportedly dismissed defendants would still be "pending in district court," as circuit precedents confirm. Exxon , 599 F.2d at 663. See also Perry v. Schumacher Grp. of La. , 891 F.3d 954, 958–59 (11th Cir. 2018) ("[T]he [ Rule 41(a)(1)(A) ] Stipulation, which purported ......
  • United Steelworkers of America v. N.L.R.B., Nos. 79-1943
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 25 Febrero 1981
    ...F.2d 147 (6th Cir. 1948). But see Hutzler Brothers Co. v. NLRB, 630 F.2d 1012 (4th Cir. 1980); Sabine Towing & Transportation Co. v. NLRB, 599 F.2d 663 (5th Cir. 1979); NLRB v. Tamiment, Inc., 451 F.2d 794 (3d Cir. 1971), cert. denied, 409 U.S. 1012, 93 S.Ct. 440, 34 L.Ed.2d 306 (1972); NLR......
  • Giant Food Markets, Inc. v. N.L.R.B., No. 79-1248
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 23 Octubre 1980
    ...available when the intended audience consists of employees, see NLRB v. Babcock & Wilcox Co., supra; Sabine Towing & Transp. Co. v. NLRB, 599 F.2d 663 (5th Cir. 1979), the Board and the courts have rarely upheld trespassory organizational activity. 436 U.S. at 205, 98 S.Ct. at 1761, 56 L.Ed......
  • Belcher Towing Co. v. N.L.R.B., No. 78-3343
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 21 Marzo 1980
    ...incorrectly placed the burden of proving the existence of alternative means on the employer. 2 Sabine Towing & Transportation Co. v. NLRB, 599 F.2d 663 (5th Cir. 1979), makes it clear that the union, represented by the General Counsel, bears the burden of proving that it has no other reason......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT