Leo Sturdivant v. Salt River Valley Water Users' Association, an Arizona Corporation

This is an action brought by Leo Sturdivant “for himself and in be.half of 35 (thirty-five) others, each of whom is similarly situated” and has designated Sturdivant to bring it on his behalf against the Association 1 for accounting and back wages unpaid, in violation of the Fair Labor Standards Act. 2 Sturdivant, and each of the others designated, is a zanjero, “one who rides the ditch.” They, together with others to the total number of sixty-two division zanjeros, are employed by the Association to control the flow of water in the irrigation system, turn water into and out of laterals of the farmers, as requested, perform maintenance and other duties, as directed.

The Association filed answer, and the cause was tried by the court without a jury. The defense was based upon two grounds. First, it was contended that the zanjeros were not engaged in activities covered by the Fair Labor Standards Act and Amendments. Second, the agreement between the Association and the Union, to which all these zanjeros belonged and which was negotiated by collective bargaining, was a bar to relief.

A considerable volume of testimony was taken. The trial court held for plaintiff. All the zanjeros…

(concurring specially) .

I agree that the cause must be remanded with direction for further trial and findings. Judge Fee correctly states that “The matter was treated at the trial as if the issue were the validity of the agreements exclusively.” The court then undertook to deal with what it conceived to be the issue before it by finding: “[T]he time credits agreed upon * * * bear a substantially accurate relationship to the actual time required by Plaintiffs to perform all the work required of them in that Plaintiffs were not required to work time in excess of said agreed credits to perform all the work required.” I agree that the problem before the court cannot be dealt with by lumping off all the claims in that manner, for, as the opinion states, each person whose claim was properly before the court, was entitled to prove that he worked more hours in his employment in any specific work-week than those for which he received compensation. The soundness of that position, thus stated by Judge Fee, is demonstrated by what the Supreme Court said in Bay Ridge Co. v. Aaron, 334 U.S. 446 , at page 473, 68 S.Ct. 1186, 1201 , 92 L.Ed. 1502 , as follows: “The defect in this argument,…

249 F.2d 944 Leo STURDIVANT et al., Appellants, v. SALT RIVER VALLEY WATER USERS' ASSOCIATION, an Arizona corporation, Appellee. No. 14850. United States Court of Appeals Ninth Circuit. July 3, 1957. Herbert B. Finn, Shute & Elsing, Phoenix, Ariz., for appellants. Jennings, Strouss, Salmon & Trask, Richard G. Kleindienst, Irving A. Jennings, Phoenix, Ariz., for appellee. Before STEPHENS, POPE and FEE, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This is an action brought by Leo Sturdivant 'for himself and in behalf of 35 (thirty-five) others, each of whom is similarly situated' and has designated Sturdivant to bring it on his behalf against the Association 1 for accounting and back wages unpaid, in violation of the Fair Labor Standards Act. 2 Sturdivant, and each of the others designated, is a zanjero, 'one who rides the ditch.' They, together with others to the total number of sixty-two division zanjeros, are employed by the Association to control the flow of water in the irrigation system, turn water into and out of laterals of the farmers, as requested, perform maintenance and other duties, as directed. 2 The Association filed answer, and the cause was tried by the…