Maintenance and the collective bargaining agreement

Tuesday, September 02, 2003
The U.S. Court of Appeals for the Second Circuit ruled that maintenance for an injured seaman should be paid at the rate specified in the collective bargaining agreement and that awards for future wages and future medical expenses should be discounted to present value. In the instant case, plaintiff seaman was injured while serving on defendant's ship. The trial court awarded maintenance based on plaintiff's approximate expenses, rather than the amount provided for in the applicable collective bargaining agreement and did not discount the award for future expenses because the collective bargaining agreement did not address the issue. On appeal, the court held that maintenance is only one item in a package of benefits negotiated by the union and the employer and approved by the union members. The court should be reluctant to second-guess the positions adopted by the parties in allocation of the total benefit package. Further, the court held that awards for future damages must be discounted to account for the present value of money intended for future use. Ammar v. United States http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAyLTYwNDdfb3BuLnBkZg==/02-6047_opn.pdf >, No. 02-6047 (2nd Cir., August 29, 2003). (Source: HK Law)
Maritime Reporter June 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Indonesia Expects Total to Decide on Mahakam within days

French oil firm Total  will decide how much interest it will retain from 2018 in Indonesia's offshore Mahakam oil and gas block over the next two days, the

Asia-N Europe Container Freight Rates Jumps 60%

Shipping freight rates for transporting containers from ports in Asia to Northern Europe rose by 60.4 percent to $879 per 20-foot container (TEU) in the week ended on Friday,

Research Vessel Heincke: Serving Science for 25 years

7 July 2015. A quarter of a century old, with over 900,000 kilometres (488,842 nautical miles) logged and still on the cutting edge of science and technology:

Cruise Ship Trends

Silversea Cruises Plans New Flagship

Cruise operator Silversea Cruises has unveiled its new flagship, the Silver Muse, which will begin sailing the seas in April 2017.    Built by Italian shipbuilding company Fincantieri,

Silversea Cruises Orders Luxury Ship from Fincantieri

Shipbuilder Fincantieri has received an order to build a new luxury cruise ship for client Silversea Cruises due for delivery in April 2017.    At 40,700 grt and accommodating 596 guests,

Confidence Low in Shipping Idustry

Confidence levels in the global shipping market have fallen to a seven-year low as a glut of cargo ships, weak freight rates and excess liquidity continue to batter the industry,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Pipelines Pod Propulsion Ship Electronics Ship Repair Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0836 sec (12 req/sec)