Seamen sue employer for $6-M

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Posted on May 04 2000
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A group of Filipino seamen yesterday filed a complaint before the U.S. District Court against their employer, demanding over $6 million in damages representing unpaid wages, penalty charges and other costs.

Angyuta Shipping Co. Ltd., which owns and operates the Panamanian-registered M/V Celeste, was slapped with the lawsuit after the plaintiffs claimed they have not been paid their wages since June 1999.

Nicolas A. Songsong, president of the shipping firm based on Rota, could not be reached for comment on the suit. The telephone numbers listed in the phone book are temporarily out of service.

In the complaint filed by their lawyer John M. Chambers, the seamen said they worked as crew members and officers of the vessel under the employment contracts they signed with Angyuta.

But they have not collected their wages from June 1999 to May 2000 despite repeated demands from the company to pay their salary.

The group collectively earned about $258.33 in daily wage for work done on the ship which plies the waters of Guam, Rota, Tinian and Saipan.

But since they have not received their dues, they are now demanding payment as well for late charges which are computed as twice the amount of their wage each and every day of delay.

From June 1999 until January 31, 2000, they claimed that Angyuta has owed them about $6.1 million. Between February 1 until the present, the company is incurring debt of $258.33 everyday, plus $52,699.32 in penalty charges, according to the complaint.

Because of the company’s failure to pay their salary, the plaintiffs are now seeking damages for breach of contract as they claimed that they are entitled for vacation and bonus pay, transportation and conveyance pay, overtime pay, salary for extra duties performed, other benefits and repatriation costs.

An attempt to settle the dispute failed following Angyuta’s non fulfillment of an agreement forged with the crew last March 1 in which the company promised to pay them their wages a month later.

So far, only about $7,750 have been given to the crew despite promises of paying all the overdue wages as well as a $5,000 bonus each. Six seamen, led by Chief Officer Arsenio J. Guiang, signed the deal with Mr. Songsong with the participation of a lawyer they consulted in January.

According to lawsuit, the plaintiffs met its share of the deal by dropping the labor complaint they filed last December with the Department of Labor and Immigration.

Three motions were filed by Mr. Chambers at the same time to ask Judge Alex R. Munson to seize the vessel pending litigation so that it can be sold later to pay the plaintiffs’ monetary demands.

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