men from each side and a seventh who would be impartial, as he or she comes from the American Arbitration Association. If you look over the roster of the association, you will find some leading people in this country.

Senator VANDENBERG. What do you mean when you say you keep the right to strike? You do not keep the right to strike.

Senator MALONEY. Up to that point.

Senator VANDENBERG. That is what I mean; but after arbitration you do not keep the right to strike.

Mr. EMERSON. The right to strike is always ours. That has been guaranteed to us by the present administration. But this thing is worded so that any kind of mediation could be enacted into law. Senator VANDENBERG. It says:

and the committee's decision or that of any four of the members of the committee shall be final and binding on the company and the union.

Mr. EMERSON. That is so the decision handed down would avoid a strike. The only strike that could be would be if the agreements are up. The only thing that would bring on a strike would be the fact that the operator disregarded the agreement altogether.

Senator VANDENBERG. There could be no strike against the finding of this committee?

Mr. EMERSON. If both sides lived up to the agreement.

Senator MALONEY. You say that if they did not live up to the agreement there could be a strike, but only in that event?

Mr. EMERSON. Only in the event they disregarded this agreement. Senator MALONEY. If that were written into law, as the chairman has suggested, would that make any difference?

Mr. EMERSON. Not particularly; only for the fact that I cannot say "yes" or "no" for the union, because I have not been instructed to say. Personally, I would say it would not make any difference.

The CHAIRMAN. You have been opposing mediation. You have opposed the mediation of the railroads.

Mr. EMERSON. And for good reasons.

The CHAIRMAN. Now, let us go over this for a minute [reading]:

Upon written notice by either the company or the union that any dispute cannot be adjusted by their respective representatives, such dispute shall be referred for final adjustment to a port committee composed of seven persons, three of whom shall be appointed by the company and three by the union, within 24 hours after receipt of said notice. The six members so appointed shall meet within 24 hours after their appointment, at a time and place suitable to the company and the union, and at that meeting shall select the seventh member of the committee. If they can't agree on the seventh member, such member shall be designated by the American Arbitration Association, of 8 West Fortieth Street, New York City. Is that not like the plan proposed to you last year about disputes? Mr. EMERSON. Somewhat similar to this, Senator.

The CHAIRMAN (continuing reading):

The port committee shall render a decision within 72 hours after the appointment of the seventh member, Sundays and holidays included, and the committee's decision or that of any four of the members of the committee, shall be final and binding on the company and the union.

Is that not practically the same as Senator Guffey has in his bill? Mr. EMERSON. No; in the language of these other proposals there are a lot of other little subparagraphs added before and after such a proposal.

The CHAIRMAN. You do not mean that Senator Guffey has added. them, do you?

Mr. EMERSON. To tell you frankly, I hate to see Senator Guffey's name attached to that. It is a disgrace to him. If this alone were enacted into law, it would be a different thing, but it will naturally be added to by a lot of little surrounding clauses. We have seen what happens when a lot of lawyers get to work and write legislation of this type. This is a sample of it. I don't suppose for a moment that Senator Guffey had but the best of intentions in introducing this, but you have got to read it thoroughly and read it through to find the little catches that are purposely put in, so that when interpretation comes up before the Court, labor will get the worst of it.

The CHAIRMAN. Do you think Senator Guffey had that in mind when he wrote it?

Mr. EMERSON. No, I don't think so; and, to tell you frankly, I would like to hear Senator Guffey actually come out and say he wrote that. It is hard for me to believe he did; I don't believe it yet.

The CHAIRMAN. If this language could be written into law just as you have it here

Mr. EMERSON. [interposing]. Without anything added?

The CHAIRMAN. Without anything added or taken away, that would be satisfactory?

Mr. EMERSON. Naturally it would be satisfactory, but I have to qualify that. That would be something like approaching the millennium, as I have said before, if such a thing did happen and were never taken away.

I will tell you frankly, I don't know what the seamen would do. They might all fall down from the excitement if something like that did happen. It is impossible for something like this to be written.

Every time we have had a bill of this type there has been so much added and so many clauses, one replacing the other.

In this proposed mediation you go from one board to another, and the present group of seamen would be dead before any dispute would be settled. I know one railroad down South where it took the employees 2 years before they could strike.

The CHAIRMAN. Of course, I do not like this bill. This bill came to us from the Maritime Commission.

Mr. EMERSON. That is correct.

The CHAIRMAN. If I know anything about the spirit of the Maritime Commission, it has an honest desire to find some way to establish peace on sea, so that ships can operate and justice can be done all the way around.

Frankly, after I have consulted with lawyers and others I might not agree to this; but, also speaking frankly, it now seems all right to me. Mr. EMERSON. We would be entirely satisfied with that if we could be assured that nothing would be added or taken away if it were enacted into law, but that is something we cannot visualize.

The CHAIRMAN. Let this entire agreement be made a part of the record.

(The agreement between Black Diamond Steamship Corporation and the National Maritime Union of America, consisting of 20 mimeographed pages, is to be made a part of the record at this point.)

Black Diamond Steamship Corporation, a corporation organized and existing under the laws of the State of Delaware (hereafter called the "company") and The National Maritime Union of America (hereafter called the "union"), in considera

tion of the mutual promises of each party hereto to comply with the provisions thereof, do hereby agree, on this 6th day of November, 1937, as follows:

ARTICLE I. GENERAL PROVISIONS APPLICABLE TO ALL DIVISIONS OF THE UNION

SECTION 1. The company in entering into this agreement hereby recognizes the union as the sole collective bargaining agency for the unlicensed personnel employed on board its vessels.

During the life of this agreement the company will permit only the duly authorized representatives of the union on board its vessels for the purpose of transacting union business with, or conducting union activity with respect to, the unlicensed personnel employed on board such vessels.

SEC. 2. Both the company and the union agree that while this agreement is in force, there shall be no strikes, lockouts, or stoppages of work. In the event that any disputes or grievances, arising in connection with the terms and provisions of this agreement, cannot be satisfactorily adjusted by the parties hereto it is mutually agreed that such disputes or grievances shall be forthwith submitted to arbitration as provided for herein.

SEC. 3. Duly accredited representatives of the union shall have access at all times to the vessels operated by the company for the purposes enumerated in section 1 hereof.

SEC. 4. The company agrees not to discriminate against any employee for union activity. The union in turn agrees to insure that these union activities entered into by its members will not be permitted to interfere with the proper working of the vessel.

SEC. 5. No member of the union employed on any vessel operated by the company shall be required to sbscribe to, or become a member of, any benefit society or club instituted or sponsored by the company.

SEC. 6. It is agreed that the members of the union employed on board the vessels operated by the company shall have the right to establish on board each of the vessels so operated, a ship's committee, which will represent the union on board the vessel.

It is understood that this committee will be composed of one member each from the deck, engine, and stewards' departments of the vessel.

It is understood and agreed that the duties and functions of the ship's committee shall be to see that:

1. The members of the union employed on board the vessel observe the terms and provisions of this agreement;

2. That the rights and interests of the union in this agreement are protected; 3. That disputes or grievances which may arise in connection with this agreement are presented to the master of the vessel, or to the officials of the company in an orderly manner.

SEC. 7. Members of the union who are in good standing with the union, may remain continuously in employment on the same vessel, provided, that both the company and the member desire such employment to continue.

SEC. 8. It is agreed that the company will not require men to work under unsafe or unduly hazardous conditions at any time. The company agrees to furnish safe gear and working equipment and to make every effort to provide safe working conditions at all times.

SEC. 9. It is agreed that the company will require the unlicensed personnei employed on board its vessels under the terms and provisions of this agreement to perform only the recognized and customary duties of their particular rating. SEC. 10. It is understood and agreed that the unlicensed personnel will perform all work necessary for the safety of the vessel, crew, or cargo, or for the saving of other vessels in jeopardy, or the lives of persons thereon.

Whenever practicable, lifeboat and other emergency drills, conducted on board the vessel shall be held on weekdays between the hours of 8 a. m. and 4:30 p. m. Preparation for such drills such as stretching out fire hose, hoisting and swinging out boats, etc. shall not be done prior to the signal for such drill.

Upon the completion of emergency drills all hands shall remain at their station for the purpose of securing boats and gear, while at their emergency stations, members of the unlicensed personnel shall be instructed in their emergency duties by the officers who are responsible for the emergency operations.

Performance of the duties enumerated in the preceding paragraph shall not constitute a valid claim for the payment of overtime.

SEC. 11. All vessels of the company must be properly and safely secured before leaving the dock for a sea voyage. It shall be considered that a vessel is properly secured for sea when the derricks have been lowered, when the beams and hatches are in place and tarpaulins spread.

SEC. 12. In those out ports where there are no regular longshoremen available, members of the crew may be allowed to drive winches for handling cargo, or handle cargo, and for such work, they shall be paid in addition to their regular monthly wage, the prevailing rate paid to longshoremen in New York Harbor.

This section shall not be so construed as to be applicable to any work where Longshoremen are not available due to labor trouble.

ARTICLE II. PORT TIME

SECTION 1. Port time shall commence when a vessel has been secured to a dock or when a vessel anchors for the purpose of loading or discharging cargo. Port time shall not commence in the case of a vessel anchoring because of fog or other impediments to navigation, awaiting tides or berth, or waiting at quarantine to proceed to dock.

SEC. 2. Sea watches shall be maintained until noon or later on days of arrival but in any event, men shall be required to work 8 hours on such days without payment of overtime.

SEC. 3. When vessel drops anchor for the purpose of loading and discharging cargo, sea watches may be continued at the option of the master, but in such event all work performed after 5 p. m. and before 8 a. m. and on Saturday afternoons, Sundays, and holidays, shall be paid for at the regular overtime rate.

SEC. 4. When port time is in effect, the regular overtime rate shall be paid for all work performed after 5 p. m. and before 8 a. m., and for all work performed Saturday afternoons, Sundays, and holidays, except in the case of such exemptions from this rule as may be hereinafter specified in the departmental working rules.

ARTICLE III. OVERTIME

SECTION 1. While port time is in effect all work performed after 5 p. m. and before 8 a. m. and on Saturday afternoons, Sundays, and holidays, shall be classed as overtime unless otherwise provided in the departmental working rules incorporated in this agreement.

SEC. 2. Overtime shall commence at the time any member of the unlicensed personnel shall be called to report for work, provided such member reports for duty within fifteen (15) minutes; otherwise overtime shall commence at the actual time such member reports for duty.

SEC. 3. Where the actual overtime work is less than one (1) hour, overtime for one (1) full hour's work shall be allowed. Where the overtime work exceeds one (1) hour, the overtime work performed thereafter shall be paid for in half (1⁄2) hour periods.

SEC. 4. Continuous overtime shall be paid to men engaged in overtime work from the time the men are called until they are released.

SEC. 5. After overtime has been worked, the members of the ship's committee shall compare the time of overtime performed by the unlicensed personnel with the heads of their respective departments. This comparison must be made as soon as practicable after overtime has ceased. The department head who authorized the work shall countersign the overtime sheet at this time.

SEC. 6. All money due in payment for overtime work shall be paid at the time of signing off or, in any event, not more than twenty-four hours thereafter.

ARTICLE IV. HOLIDAYS AND GENERAL CONDITIONS OF EMPLOYMENT

SECTION 1. The company agrees to recognize the following as holidays: (1) New Year's Day; (2) Lincoln's Birthday; (3) Washington's Birthday; (4) Memorial Day; (5) Independence Day; (6) Labor Day; (7) Armistice Day; (8) Thanksgiving Day; (9) Christmas.

In the event that any of the above-named holidays fall on Sunday, the Monday following shall be observed as such holiday.

SEC. 2. It is understood and agreed that no work, except that required for the routine navigation of the vessel, shall be performed on Saturday afternoons, Sundays, or holidays when the vessel is at sea, except as hereinafter provided in departmental working rules.

SEC. 3. Members of the union when transshipped by the company during the course of their employment, shall be provided with first-class transportation and with subsistence at the rate of five ($5.00) dollars per day. When travel at night is involved, a berth must be provided.

SEC. 4. When any member of the union is left ashore in any port, and when such member would ordinarily be entitled to transportation under the law, the company shall provide first-class transportation back to the port of signing on;

provided however that where the company is required to provide transportation, it may utilize its own vessels for that purpose.

SEC. 5. The company agrees to designate certain members of the stewards' department on each vessel to whom shall be assigned the duty of cleaning the living quarters, washrooms, and toilets of the unlicensed personnel. Such duties shall be performed only during the regular working hours as provided for in this agreement.

SEC. 6. The following items shall be supplied to the unlicensed personnel serving on board the vessels of the company: (1) A suitable number of clean blankets; (2) white bed linen, which shall be changed weekly; (3) face and bath towels which shall be changed twice weekly.

SEC. 7. Mattresses or pillows filled with straw or excelsior shall not be supplied for the use of the unlicensed personnel.

SEC. 8. All dishes provided for the use of the unlicensed personnel shall be of crockery.

SEC. 9. Suitable messrooms equipped with fixed chairs shall be provided for the use of the unlicensed personnel and such messrooms shall be separate and apart from the sleeping quarters.

SEC. 10. All quarters assigned to the unlicensed personnel and all messrooms provided for their use shall be adequately ventilated, and a sufficient number of fans to secure such ventilation shall be installed.

SEC. 11. The company agrees to install a sufficient number of lockers so that each man shall have ample space to stow his gear and personal effects. One locker 18 by 21 by 72 inches shall be provided for the use of each member of the unlicensed personnel on board the vessel.

SEC. 12. All crew quarters shall be provided with emergency exits.

SEC. 13. Adequate washrooms and lavatories shall be made available for the unlicensed personnel of each department. Washrooms to be equipped with a sufficient number of shower baths which shall be adequately supplied with fresh hot and cold water.

SEC. 14. A recreation room separate from the sleeping quarters shall be provided for the use of the unlicensed personnel on each vessel operated by the company.

SEC. 15. All quarters assigned for the use of the unlicensed personnel to be fumigated and kept free from vermin as far as possible. This is to be accomplished through the use of exterminating facilities provided by the company.

SEC. 16. The meal hours for the unlicensed personnel employed on vessels of the company shall be as follows: Breakfast, 7:30 a. m. to 8:30 a. m.; dinner, 11:30 a. m. to 12:30 p. m.; supper, 5:00 p. m. to 6:00 p. m.

These hours may be varied, but such variation shall not exceed 1 hour either way.

All unlicensed members of the ship's company shall be required to be in their respective messrooms not less than twenty (20) minutes before clearing time, and the messrooms shall be cleared at the close of the above specified meal hours, except in cases of emergency.

SEC. 17. Messrooms provided for the use of the unlicensed personnel shall be equipped with electric refrigerators.

SEC. 18. Members of the unlicensed personnel who complete one year of continuous service with the company shall be entitled to 7 days annual leave with full pay and allowances.

SEC. 19. If because of illness or other reason a member of the unlicensed personnel is assigned for any period to another rating, paying a higher wage rate than his own, he shall receive the higher wage rate during such period.

SEC. 20. A rest period of not less than fifteen (15) minutes shall be allowed in the forenoon and in the afternoon of any working day.

ARTICLE V. CONDUCT

SECTION 1. Members of the union while employed on board vessels of the company, agree to comply with all lawful orders of their superior officers and with all company rules not inconsistent with the terms and provisions of this agreement.

In the event that the members of the union feel that any of the rules and/or regulations promulgated by the company are inconsistent with the terms of this agreement, insofar as the unlicensed personnel are concerned, such members agree to make proper and orderly representation to the company through their union representatives. Such representations to be made directly setting forth the objections thereto.

The company may require the confirmation of any such protest in writing.