''Ruiz v Shell Oil Co''
(1969) is a
US labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
case, concerning the scope of
labor rights in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
.
Facts
Mr Ruiz was employed by Zenith, Inc in Harvey,
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
. Zenith had a contract with
Shell Oil Co
Shell USA, Inc. (formerly Shell Oil Company, Inc.) is the United States-based wholly owned subsidiary of Shell plc, a UK-based transnational corporation " oil major" which is amongst the largest oil companies in the world. Approximately 18,00 ...
to do welding, removing a dent in a metal tank that separated oil and water on one of Shell's barges. The tank was made by the National Tank Company, and it contracted with Shell to supervise tank repair, providing an employee named Mr Crowley. NTC had no contract with Zenith. Mr Ruiz was injured when a 30-ton
hydraulic jack struck him after being dislodged on the barge. He sued Shell and NTC in negligence for the barge being unseaworthy, and Shell claimed damages from NTC. A jury awarded Mr Ruiz $50,000, and found only NTC's negligence was a proximate cause of injury.
Judgment
The
Court of Appeals, Fifth Circuit held that NTC was liable to Ruiz, although on the facts it did not count as an employer. Relevant to that question would be which employer had more control, whose work was being performed, whether there were agreements in place, who provided tools, had a right to discharge the employee, or had the obligation to pay.
Robert A. Ainsworth Jr.
Robert Andrew Ainsworth Jr. (May 10, 1910 – December 22, 1981) was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit and previously was a United States district judge of the United States District Court fo ...
delivered the Court's judgment.
See also
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United States labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
Notes
{{reflist, 2
References
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United States labor case law