Griffin

Griffin v. American President Lines, Ltd.

Good Law
177 F.2d 111·1949 U.S. App. LEXIS 3135
United States Court of Appeals for the Ninth CircuitMay 28, 1949No. 11944California1,075 words

Opinion

Lead Opinion

Denman, J.

This appeal is by seven engineer officers and six deck officers, licensed personnel of the Steamer President Harrison on her Voyage No. 55 to Manila, Philippine Islands, and Asiatic ports. Our opinion heretofore filed herein on May 19, 1949, dealt only with the provisions of the unlicensed personnel and this opinion is substituted therefor.

Appellee shipowner prepared a rider to the shipping articles which the master and the appellants signed on October 15, 1941, the day before the departure of the President Harrison. If there be more than one rational construction of the rider’s terms, they must be construed against appellee.

The pertinent portions of the rider are substantially the same in relevant provisions with those of the unlicensed personnel in the appeals in cases Nos. 11943 and 11946. They are:

“1. The American President Lines agrees to pay an emergency wage increase of 60% of their basic wages to the licensed crew of the SS President Harrison, Voyage 55.

“2. The monthly basic wages as shown in the following agreements between the Pacific American Shipowners Association and the Unions are to be used as the basis for payment of this increase:

“3. This emergency wage…

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