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SABAT v. UNITED STATES

January 3, 1947

SABAT et al.
v.
UNITED STATES et al.



The opinion of the court was delivered by: BOWEN

Libelants, members of the crew of the S.S. George Waldo, by libel in personam, seek to recover damages for wrongful discharge from that vessel prior to the termination of the voyage for which they were employed.

Respondents claim that after libelants were employed under written articles, a United States Navy Gun crew on board the S.S. George Waldo was substantially reduced in number so that the services of the libelants were no longer required. That libelants were properly discharged pursuant to the terms of collective bargaining agreements between respondent United States of America and the Marine Cooks and Stewards Association, of which libelants were members, and which established the minimum number of men to be employed in the steward's department of a vessel, based upon the total number of men on board, including the guncrew.

By cross-libel, respondent United States of America, alleges that although libelants were discharged by the Master of the S.S. George Waldo, they refused to leave the vessel until forcibly removed by the United States Coast Guard. That the vessel was detained and delayed thereby a period of four days to the damage of the respondent in total sum of $ 2,932.36. During trial, the respondent reduced its claim to cover a three day period of detention only.

 It was established during trial that libelant Julius F. Sabat's average daily earnings, including overtime, was $ 11.48 a day, and that the daily earnings of libelant Milton E. Keyes was $ 8.82 a day.

19470103

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