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J-Mark J-720F Driver
Appellants maintain that, because contributions to the trust funds are a form of compensation, they should be treated as "wages of the crew.
Relying upon Long Island Tankers Corp. Accordingly, the district court held that the applicants-in-intervention did not allege "an interest relating to the property or J-Mark J-720F which J-Mark J-720F the subject of the action" as required for intervention of right under Fed.
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Denial of a motion to intervene of right is a final order and therefore appealable under 28 U. J-Mark J-720F Sagebrush Rebellion, F.
Because we agree with the district court that applicants-in-intervention do not possess a cognizable interest under 46 U. II 7 As appellees argue, there is Ninth Circuit precedent directly on point in this case. The district court decision, Long Island Tankers Corp. In that case, as here, the employers J-Mark J-720F required to make contributions to the trust funds based upon the number J-Mark J-720F days and type of work performed by their employees.
In Long Island Tankers, after several employers failed to make contributions the trustees of the funds brought an action seeking to assert preferred maritime liens to recover the contributions as "wages of the crew" under 46 U. The district court dismissed the action and J-Mark J-720F that the contributions were not "wages of the crew" that could serve as the basis for the trustees' J-Mark J-720F of preferred maritime liens.
We decline to do so.
Appellants correctly assert that Long Island Tankers reserved J-Mark J-720F question regarding the right of seamen to assert a J-Mark J-720F maritime lien. The question reserved, however, was J-Mark J-720F whether seamen could assert a preferred maritime lien for a loss of benefits caused by an employer's failure to make trust fund contributions. The court did not reserve the question whether seamen could assert a preferred maritime lien for a failure to make contributions when no accompanying loss of benefits was claimed.
In reserving the question it did, the J-Mark J-720F expressly relied on the distinction between contributions that merely serve to fund benefits and the benefits themselves. Because the seamen here do not allege any loss of benefits due to Coast Line's failure to make the trust fund contributions, we hold that they fall within the rule established in Long Island Tankers.
However, like the court in that case, we reserve to another day the question whether seamen may assert a preferred maritime lien J-Mark J-720F a loss of benefits caused by an employer's failure to make contributions. Embassy Restaurant held that employer contributions to trust funds were not entitled to priority over other debts as "wages Although the legislative history of 11 U.
News, the statement is not entirely accurate. In Embassy J-Mark J-720F, the Court declined to treat contributions as wages; when Congress adopted the Bankruptcy Reform Act, it, too, refused to treat contributions as wages.
Instead, it created a completely new category, with a lesser priority than wages, for such claims. Under the Bankruptcy Reform Act, if there are insufficient funds to pay both wages and contributions, the wages J-Mark J-720F paid and the contributions are not.
This type of lesser priority for contributions was not considered by the Embassy Court. See generally 1A J. Sutherland, Statutes and Statutory Construction ch. In fact, Congressional amendment of a statute may mean that Congress agrees with the court's interpretation of the J-Mark J-720F statute, but believes that changed circumstances require amendment. All that can be said with certainty about the fact that a statute has been amended is that the amendment presumably changes legal rights under the statute.
Although the Bankruptcy Reform Act changed the priority afforded to claimants like those in Embassy, Congress did J-Mark J-720F "overrule" Embassy or even reject its J-Mark J-720F.
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Long Island Tankers therefore survives J-Mark J-720F precedent that is binding upon us. Other courts addressing the issue have held that employer contributions to trust funds created to benefit employees are not "wages of the crew" under 46 U.
The Golden Sail, F. Moreover, a recent Supreme Court decision defining "wages" under another maritime statute suggests J-Mark J-720F vitality of the holding in Long Island Tankers.
Rather than constituting benefits convertible to a cash equivalent, contributions generally accumulate in trust funds, which, after investment, finance future benefits that are non-convertible, and may vary according to an employee's needs. Appellants point out that some courts interpreting other statutes have held that "wages" includes J-Mark J-720F because they are, in fact, part of the total compensation for employment.
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