Baldwin v. Trailer Inns, Inc.

266 F.3d 1104, 2001 WL 1097042
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 20, 2001
DocketNo. 00-35412
StatusPublished
Cited by69 cases

This text of 266 F.3d 1104 (Baldwin v. Trailer Inns, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baldwin v. Trailer Inns, Inc., 266 F.3d 1104, 2001 WL 1097042 (9th Cir. 2001).

Opinion

RONALD M. GOULD, Circuit Judge:

Appellants, husband and wife Michael A. Baldwin and Constance J. Baldwin (the “Baldwins”), were managers of Appellee Trailer Inns, Inc.’s recreational vehicle (“RV”) park in Bellevue, Washington. The Baldwins seek overtime wages from Trailer Inns, Inc. and its president, Don Kramer (collectively, “Trailer Inns”) under the Fair Labor Standards Act (“FLSA”) and damages resulting from the alleged breach of their employment agreement with Trailer Inns, Inc. The Baldwins appeal the district court’s grant of two motions for partial summary judgment in favor of Trailer Inns. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part on the FLSA claim and reverse in part on the breach of contract claim.

FACTS AND PROCEDURAL HISTORY

Trailer Inns, Inc. is a Washington corporation, headquartered in Yakima, that owns and operates RV parks in Bellevue, Spokane, and Yakima, Washington. The Bellevue park (the “park”) has space for up to 104 RV’s. The facilities for guests include an office, pool, showers, restrooms, recreation room, barbeque, and a picnic area.

Trailer Inns, Inc. typically hires a husband and wife to manage the park. The managers are required to live in an apartment located in the park, which is provided as part of the managers’ compensation. The managers are helped by assistant managers, also a couple, who reside in the park in a RV.

Pursuant to an assistant manager’s contract, the Baldwins began working as assistant managers at the park on July 30, 1997. The contract included an addendum requiring that the Baldwins participate in a one-month assistant manager on-site training program at a joint salary of $1,500 “to learn owner’s proven techniques and standards and methods of management with regard to Owner recreational vehicle facility.” The training addendum also includes a job description: “Manages and maintains recreational park; shows, rents or assigns space(s), registers guests, collects rent and records data pertaining to rent funds and expenditures.... ” The addendum concludes by outlining cleaning, maintenance, and repair responsibilities. Upon completion of the training, the contract called for the Baldwins to earn a joint salary of $1,900 per month.

The Baldwins completed the one-month training as assistant managers on August 26,1997, and began work as assistant managers.

On September 9, 1997, the Baldwins entered into another employment agreement (the “agreement”) with Trailer Inns, Inc., giving the Baldwins, as the park’s “Management Team,” “general management authority with respect” to the park. The agreement states that previous agreements between the contracting parties “are mutually rescinded, canceled, and annulled.” The agreement calls for the Management Team to ensure that all park [1109]*1109employees appear “neat and clean” and “maintain a professional demeanor”; makes the Management Team responsible for the general day-to-day maintenance of the park’s facilities, maintaining supply and spare parts inventories, and promoting the business of the owner; and requires the Management Team to oversee the work of assistant managers, deal with the customers, handle the park’s paperwork and accounting, and perform manual labor related to the cleaning, maintenance, and repair of the park. The agreement also requires the managers to be on-call twenty-four hours a day, seven days a week, and requires a manager to be on-site unless an assistant manager is on duty. The agreement sets the Baldwins’ joint salary at $2,400 per month in addition to on-site apartment housing.

An addendum to the agreement requires the Management Team to enroll in a one-month training period at a joint salary of $1,900 a month. The first three paragraphs of the addendum are essentially identical to the provisions in the training addendum to the assistant manager’s contract, except for the differences in salary and benefits. Additional supervisory responsibilities are outlined in the Management Team’s job description, including “Schedules duties and examines work for exactness.... Prepares work schedules and expedites workflow. Issues written and oral instructions, purchase’s [sic] supplies and arranges for outside services.” The addendum includes an additional bold-ed paragraph that provides:

The Manager’s (women’s) primary duties are to handle the office, customer service and to keep the building clean and maintained. The Manager’s (Man’s) primary duties is [sic] to keep the building and outside grounds clean and well maintained and to help in the office and customer service.

The agreement also calls for a “Revised Bonus & Profit Share Program,” provided that the Management Team “remain as Managers for at least one (1) year after completing the one-month training program.” Receipt of bonus compensation is also conditioned on the Management Team meeting the performance standards set out in the attached “Manager’s Checklist.”

Constance Baldwin states that before signing the agreement on September 9, 1997, she had a conversation with Kramer, the owner, that led her to believe that the Baldwins’ one-month training requirement as managers was satisfied by the one-month training as assistant managers that the Baldwins had completed about two weeks earlier. The Baldwins were paid $1,900 for their work in September, 1997. The previous Management Team, Del and Lisa Moser, continued working at the park until the beginning of October, 1997. In October, 1997, the Baldwins began earning $2,400 jointly a month.

The agreement calls for a monthly inspection of the park conducted by Trailer Inns, Inc.’s owner or an owner’s representative. During the Baldwins’ tenure as park managers, Kramer visited the park only once or twice per month. The agreement also provides that the inspector use the Manager’s Checklist to evaluate the Management Team’s performance in managing and maintaining the park and grants the owner power to deduct pay for deficient job performance.

Trailer Inns, Inc. also used daily, weekly, and monthly checklists to ensure the completion of tasks. Kramer states that “the lists do not designate who was to do what task. The assignment and/or allocation of those tasks was the responsibility of the manager.”

In the year of the Baldwins’ employment under the manager’s agreement, three sets of assistant managers worked at the park: [1110]*1110(1) Lance Mayo and Cindy Shiery from October 1, 1997 to January 8, 1998; (2) Jock and Shirley McGreggor from January 31, 1998 to May 12, 1998; and (3) Martin Hoage and Margarete DeLozier from May 12, 1998, through the end of the Baldwins’ employment. Like the Baldwins’ contract, the assistant manager’s contract of Mayo and Shiery called for a $1,900 salary. Hoage and DeLozier’s contract called for $1,700 salary with job performance incentives allowing for a maximum monthly bonus of $200.

Kramer states that the Baldwins conducted initial interviews of the assistant manager candidates, and Kramer would conduct the subsequent interviews. Kramer also states that the Baldwins were responsible for training, evaluating, and disciplining assistant managers. The Baldwins admit to training all three sets of assistant managers. The Baldwins completed a training checklist for Lance Mayo and Cindy Shiery and, at the conclusion of the training, completed written evaluations of them.1

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Cite This Page — Counsel Stack

Bluebook (online)
266 F.3d 1104, 2001 WL 1097042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-trailer-inns-inc-ca9-2001.