Ferryboatmen's Union v. Northwestern Pac. R.

This is an appeal from a decree rendered in a proceeding in equity for an accounting and a recovery of overtime wages claimed by the appellants to be due members of the crews of appellees’ ferryboats, under an award in an arbitration held under the act of Congress known as the Railway Labor Act ( 45 U.S.C.A. § 151 et seq.). The award was contested by appellees in the District Court below in proceedings other than this suit prescribed by the act. Judgment finally establishing the award was rendered. Suit was brought within the statutory period for commencement of a suit on a judgment. The answers make no claim of laches or under the statute of limitation.

Though the recovery and accounting prayed for involved many crew members’ claims for many months of employment, the appeal may be disposed of by the determination of two questions of law: The first is, whether in considering the accounting prayed for the'District Court properly interpreted the terms of the award with reference to overtime payments; and the second, whether under the undisputed facts the seamen’s indorsements on the checks given them by the appellees constituted an accord and satisfaction of their…

(dissenting).

The appellants contend that under rule 6, as amended by the arbitration, the men who worked on 12-hour assignments should be deemed to be working upon a straight 8-hour assignment (instead of 12), and, consequently, should have the full monthly wage for the 8 hours worked, and, in addition, an hourly wage for 4 of the 12 *777 hours as overtime. 1 In short, if they worked 20 12-hour periods in a month, they were to have in addition to the monthly wage, payment'for 80 hours, or 10 days.

The appellees contend that rule 6, as amended by arbitration, is not applicable to the situation which arose during the pendency of the arbitration proceedings and the appeal from the award, except where the men work for 8 hours per day for 6 successive days. It is agreed that men on 12-24 hour assignments did not work at any time for 6 successive days. 2 Consequently, the appellees contend that other portions of the agreement must be examined for the purpose of determining the contract rule applicable to the situation. They find in rule 2 a provision concerning broken assignments which they contend is applicable. 3 This rule, it *778 will be observed, remains in the contract, which…