''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 US. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in ...

case, concerning the scope of

labor rights Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, the ...

in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Facts

Mr Ruiz was employed by Zenith, Inc in Harvey,

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

. 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 among the largest oil companies in the world. Approximately 18,000 ...

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 A jack is a mechanical lifting device used to apply great forces or lift heavy loads. A mechanical jack employs a screw thread for lifting heavy equipment. A hydraulic jack uses hydraulic machinery, hydraulic power. The most common form is a car ...

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 A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts general ...

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. delivered the Court's judgment.

Notes

{{reflist, 2

References

* United States labor case law 1969 in United States case law 1969 in labor relations

Facts

Judgment

See also

Notes

References