However, Western's expert witness notes that photographs taken at the time of the survey, but not included in the Bowditch Survey, showed more significant corrosion than the photographs in the survey report. The Bowditch Report concluded that the Drydock was "appropriately prepared and rigged without incident, lashed and secured in apparent good order, and conforms with normal custom and practice for towage of a Marine Industrial Dry Dock Platform from Seattle, Washington for a Coastal Voyage to Ensenada, Mexico via the Puget Sound, the Straits of Juan de Fuca and then proceeding south." Dkt. The Navy's manual clarifies that its contents "are for information and guidance only" as opposed to required operating procedure. When towed, the end sections are stowed on the center section."). #42-8 at 8 (stating that the dock "has been designed to facilitate towing at sea. Navy titled "General Information and Operating Manual" recommends towing the family of drydocks YFD-68, YFD-69, YFD-70, and YFD-71 with bow and stern sections detached and docked on the center section for towing. The Bowditch Report, dated October 18, 2016, recommended that the Drydock be towed in its extended configuration, with bow and stern sections attached. ![]() #42-17 at 4.īefore the voyage, Vigor prepared the Drydock for towing with a pre-tow suitability survey report conducted by Captain Richard Shaw, a marine surveyor with Bowditch Marine, Inc. Western was aware prior to the voyage that Vigor sold the Drydock to Amaya Curiel for use as scrap. Vigor contracted Western for towage of the Drydock from Seattle, Washington to Ensenada, Mexico using the tugboat OCEAN RANGER under the command of Captain Stephen McGavock. Amaya Curiel runs a shipyard in Mexico that repairs and scraps vessels. On April 14, 2016, Vigor sold the Drydock to Amaya Curiel Corporation ("Amaya Curiel"). The YFD-70 was one of three drydocks in its class, the others being the YFD-69 and the YFD-71. With both end sections attached, the total length of the vessel was 528 feet. Its center section ran 368 feet long and 118 feet wide, with two end sections each 80 feet long and 118 feet wide. The Drydock YFD-70 ("The Drydock") was a three-section steel structure constructed in 1945. Having considered parties' motions, responses, replies, and the declarations and exhibits attached thereto, the Court GRANTS IN PART AND DENIES IN PART Vigor's motion and DENIES Western's motion as set forth below. ![]() The Court finds oral argument unnecessary to resolve the issues. #42, and Defendant Vigor Marine, LLC ("Vigor") moves for partial summary judgment on its counterclaim for general maritime negligence and parties' cross-claims for breach of contract. Plaintiff Western Towboat Company ("Western") moves for summary judgment on all claims, Dkt. This matter comes before the Court on parties' cross-motions for summary judgment. ORDER RE: MOTIONS FOR SUMMARY JUDGMENT I. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE Ballots will be counted June 29.RICARDO S. Sheet Metal Workers Local 23, based in Anchorage, on May 9 filed to represent 66 ship construction and repair workers. In other Vigor Marine news, the company’s non-union location in Ketchikan has a union drive underway. Some workers are being sent to Vigor locations in Seattle and Ketchikan, Alaska, where there’s more work. The National Labor Relations Board has not yet set an election date.īusiness is slow at the shipyard right now, Oldham said, with some workers saying the yard is at an all-time low for workload. Painters Local 10 filed the election petition June 3. Specialty Finishes workers make $22 to $27 an hour, and union painters at Vigor make between $28 and $36, Oldham said. Ratified in April, the new Vigor contract brought a $1.25 per hour raise immediately, another $1.30 increase on December 1 and a $1.40 raise on December 1, 2023. That contributed to their union interest. Scott Oldham, business agent for Local 10, said the Specialty Finishes workers were aware of the large wage increases that union painters got in their recently renegotiated Metal Trades agreement with Vigor Marine. The workers do ship repair painting work, and frequently work alongside union painters represented by the Metal Trades Department. The International Union of Painters and Allied Trades has asked for a union election to represent 12 painters employed by Specialty Finishes, located at Portland’s Vigor Marine shipyard. Painters at Specialty Finishes work alongside Metal Trades Department-represented trade workers at Vigor Marine.
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