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 September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

WFW Advises ING Bank on $340m Loan Facility for Euronav

Watson, Farley & Williams (WFW) has advised ING Bank N.V. (ING) as sole bookrunner and facility agent for a syndicate of banks on a $340 million loan facility made available to Euronav NV.

UN Authorizes Ship Inspections Near Somalia For Arms, Charcoal

The United Nations Security Council authorized the inspection of boats suspected of carrying illegal shipments of charcoal or weapons to and from Somalia on Friday,

Foster Wheeler & MDM Engineering Merged

Foster Wheeler AG announced today that an indirect wholly owned subsidiary of the Company has completed the acquisition of MDM Engineering Group Limited (“MDM”)

Cruise Ship Trends

Wärtsilä Expects 5% Sales Growth

Wärtsilä announced its third quarter results, reporting that it sees good development in order intake and profitability. According to Wärtsilä, third quarter

Holland America Line & Seabourn names Kammerer is V.P

Mark Kammerer has been named vice president, international marketing and sales for Holland America Line and Seabourn. In this role, he will be responsible for the companies’ sales offices in the U.

Cruise Ship Returns to Texas after Ebola Concern

The Carnival Magic cruise ship was en route back to the United States on Saturday with a passenger from Texas who might have handled specimens of the first Ebola

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Offshore Oil Port Authority Salvage Ship Repair Ship Simulators Sonar
rss | archive | history | articles | privacy | terms and conditions | 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: 0.0773 sec (13 req/sec)