Fuller v. Golden Age Fisheries

14 F.3d 1405, 1994 WL 14350
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 24, 1994
DocketNo. 92-35330
StatusPublished
Cited by30 cases

This text of 14 F.3d 1405 (Fuller v. Golden Age Fisheries) 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
Fuller v. Golden Age Fisheries, 14 F.3d 1405, 1994 WL 14350 (9th Cir. 1994).

Opinion

GOODWIN, Circuit Judge:

Rita Fuller, Babbette Thayer, and Thomas Wilson (“plaintiffs”) appeal a summary judgment for Golden Age Fisheries, Inc., et al. (“defendants”) in plaintiffs’ action for unpaid wages as crewmembers on several Alaskan fishing voyages.

The district court held that the plaintiffs’ in rem claims against the vessel were time-barred under 46 U.S.C. § 10602(a). The court also held that plaintiffs’ in personam wage claims were time-barred under a provision in their employment contracts. Finally, the court held that federal law preempted plaintiffs’ minimum wage and overtime claims under Alaska state law. The district court had jurisdiction under 28 U.S.C. § 1333. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

Plaintiffs worked aboard the defendant vessel, F/T PACIFIC ORION, formerly the MICHELLE IRENE (the “MICHELLE IRENE”), at times during the period from September 23, 1989, through November 21, 1990. They brought this action on behalf of approximately 300 seamen and women who were employed as processors and crewmem-bers and who dispute the division of proceeds from the sale of fish.

The MICHELLE IRENE, a factory trawler whose home port is Seattle, is engaged in the catching and processing of fish at sea. Golden Age Fisheries managed the vessel. The vessel fished off the coast of Alaska during the period covered by this action. Neither fishing nor processing was conducted within three miles of the shoreline of Alaska. The time in port while unloading fish and loading supplies was usually two to three days; trips at sea were typically two to three weeks.

The processed fish was typically unloaded in Dutch Harbor, Alaska, onto a Japanese tramper. The bulk of the product was then shipped to Japan, where it was sold by a commission sales broker. A portion of the catch was sold in the United States. All of the catch harvested between September 23, 1989 and November 21, 1990, was sold by January 31, 1991.

Plaintiffs signed written employment contracts that said they would be paid “crew-shares” based on a percentage of the estimated fair market value of the catch. Each contract contained a six-month requirement [1407]*1407for asserting claims against the vessel owners.1 The contract had a choice of law provision that selected Washington as the governing law.

Plaintiffs brought this action on October 6, 1991. They allege that defendants underestimated the value of the fish, thereby reducing the value of their crewshares and breaching the wage terms of the contract. They also allege that defendants failed to distribute to the crew its agreed percentage of that allegedly underestimated value. Finally, they contend that defendants failed to pay them the minimum wage required under Alaska law.

We review a grant of summary judgment de novo. Jones v. Union Pacific R.R., 968 F.2d 987, 940 (9th Cir.1992).

ANALYSIS

1. Applicability of f6 U.S.C. § 10602

Fishing vessels and fish processing vessels weighing at least twenty tons and voyaging from a United States port must enter into a written fishing agreement with each seaman employed on board the vessel. 46 U.S.C. § 10601(a). Each agreement must be signed by the vessel’s owner and must include certain delineated terms of the seaman’s employment. Id. § 10601(b) and (c).

Section 10602(a) provides for an in rem action against the vessel for unpaid wages. This section allows the seaman to place a lien on the vessel to recover a share of the ship’s proceeds. The section reads:

When fish caught under an agreement under section 10601 of this title are delivered to the owner of the vessel for processing and are sold, the vessel is liable in rem for the wages and shares of the proceeds of the seaman. An action under this section must be brought within six months after the sale of the fish, (emphasis added)

The plaintiffs do not dispute that the six-month limitation period had already run when they filed this suit.2 Instead, they argue that Congress never intended § 10602 to limit the ancient right of fishermen under general maritime law to place a lien on the vessel as security for wages. Citing the history of the section, they contend that § 10602 merely provides a cumulative in rem remedy for cod and mackerel fishermen.3

To support their argument, plaintiffs cite the savings clause in § 10602(c), which reads: “This section does not affect a common law right of a seaman to bring an action to recover the seaman’s share of the fish or proceeds.” The district court concluded that the savings clause merely preserves a seaman’s common law right to bring an action for wages when there is no written agreement under § 10601. An alternative reading is that the savings clause preserves a seaman’s right to proceed in personam against the vessel’s owners for breach of a written or oral fishing agreement.

We need not decide the preferred reading of the savings clause because the plaintiffs’ argument fails under either reading. Their argument would undermine 46 [1408]*1408U.S.C. § 10601 et seq. altogether. They have cited no congressional history to support their limited view of the statute, and a plain reading of the language does not support their position. When congressional legislation directly addresses a question, that legislation preempts existing federal common law. Mobil Oil Corp. v. Higginbotham, 436 U.S. 618, 98 S.Ct. 2010, 56 L.Ed.2d 581 (1978).

Thus, we affirm the district court’s holding that § 10602 applies. Because the plaintiffs did not file their in rem claim within the six-month period, it is barred.4

2. Contractual Time Limitation

We next consider whether the trial court erred by enforcing a time-limitation provision in plaintiffs’ employment contracts. The provision required them to assert any claims over their wages within six months after the voyage ended.

Plaintiffs contend that seamen’s wage claims historically have been governed by the equitable doctrine of laches. They argue that by signing contracts with a six-month claim limitation, they severely restricted their rights. They contend that this waiver of rights was neither knowing nor intelligent, and was both unfair and unreasonable.

Plaintiffs argue that courts must closely scrutinize contracts limiting the rights of seamen. They rely on a long line of cases that describe seamen as “wards of the court” needing special protections from potentially overreaching ship owners. See Garrett v. Moore-McCormack Co., 317 U.S. 239, 248, 63 S.Ct. 246, 252, 87 L.Ed. 239 (1942); Harris v.

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Cite This Page — Counsel Stack

Bluebook (online)
14 F.3d 1405, 1994 WL 14350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-golden-age-fisheries-ca9-1994.