ARTICLE VI. SELECTION OF PERSONNEL

SECTION 1. While this agreement is in force, the company agrees to secure all the unlicensed personnel required for the manning of its vessels through the hiring halls maintained by the union exclusively, and the union in turn agrees to furnish men who are properly certificated under the law.

The union agrees that if men properly certificated are not aviable among union members when the company requests such men, the company shall have the right to select and secure such men from other sources and the union shall cooperate in this respect.

The company in turn agrees not to interfere in any manner with the proper efforts of the union to persuade men so procured to become members of the union. It is understood that if men so secured do not join the union, the company is obligated to replace such men with a member of the union at any time new articles are opened, provided that a duly certificated union member is then available.

SEC. 2. It is understood that unlicensed personnel supplied by the union will undergo the regular medical examination given by the company's medical officer. SEC. 3. The company agrees not to carry workaways on any of its vessels. SEC. 4. The union agrees to furnish prompt replacement for any person who is rejected by the company. In the event of such rejection the company will set forth in writing its reasons therefor.

In the event that such a statement is not regarded by the officers of the union as adequate grounds for the rejection, the case shall be submitted to the port committee for disposition. The decision of the port committee shall be arrived at in the manner hereinafter provided for under the arbitration clause of this agreement.

The company and the union hereby agree to abide by the decision of the port committee.

ARTICLE VII. ARBITRATION

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 (7) persons, three (3) of whom shall be appointed by the company and three (3) by the union, within twenty-four (24) hours after receipt of such notice. The six (6) members so appointed shall meet within (24) twenty-four 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 cannot agree on the seventh member, such member shall be designated by the American Arbitration Association of Eight West Fortieth Street, New York City.

The port committee shall render a decision within seventy-two (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. The company and the union shall bear the expenses of their respective appointees to the port committee but shall share equally the expenses of the seventh member of the committee.

ARTICLE VIII. MANNING AND WAGES

SECTION 1. The overtime rate of pay in the unlicensed personnel employed on all vessels operated by the company shall be eighty cents (80) per hour. SEC. 2. It is agreed that during the life of this agreement members of the unlicensed personnel employed on vessels operated by the company be not less than that hereinafter provided for.

It is also agreed that any additional unlicensed men in any department, placed on board by the company, shall come under all the terms and provisions of this agreement.

SEC. 3. The following regular monthly wage shall be paid to all unlicensed personnel when employed on board any vessels operated by the company in the following ratings:

10. Maintenance work performed at sea after 5:00 p. m. and before 8:00 a. m. on week days, and on Saturday afternoons, Sundays, and holidays shall be paid for at the regular overtime rate; provided however, that during such hours at sea, the unlicensed members of the deck department on watch shall perform these duties necessary for the routine navigation or safety of the vessel and the performance of such duties shall not be considered as overtime.

11. When unlicensed members of the deck department are required to clean bilges and the immediate safety of the vessel is not involved, they shall be paid for such work at the regular overtime rate.

12. The unlicensed members of the deck department may be required to clean and sweep cargo holds during their regular watch on deck without payment of overtime for such service; except between the hours of 5:00 p. m. and 8:00 a. m. and on Saturday afternoons, Sundays, and holidays, when for such work, they shall be paid at the regular overtime rate.

13. If sea watches are set prior to the day of departure all work performed between the hours of 5:00 p. m. and 8:00 a. m. or on Saturday afternoons, Sundays, and holidays, shall be considered overtime and paid for at the regular overtime time rate.

14. When the watch below is called out to work, they shall be paid at the regular overtime rate except in cases of proven emergency.

15. The day that a vessel arrives from sea shall be considered the day of arrival. After the vessel has been originally berthed, subsequent moves within the port shall be considered as shifting ship and the unlicensed members of the deck department, participating in this operation between the hours of 5:00 p. m. and 8:00 a. m. on weekdays or on Saturday afternoons, and on Sundays and holidays shall be paid for such work at the regular overtime rate.

16. The day of departure shall be the day the vessel leaves for sea from that port from which the vessel is cleared and watches shall be set and maintained from that port.

17. Battening down, rigging up, or securing cargo gear, shall be done by the watch on deck without payment of overtime, except between the hours of 5:00 p. m. and 8:00 a. m. and on Saturday afternoons, Sundays, and holidays, when such work shall be paid for at the regular overtime rate.

18. Unlicensed members of the deck department when required to handle mail or baggage shall be paid for such work at the regular overtime rate.

19. When the unlicensed personnel are required to remove garbage or manure either in port or at sea, they shall be paid for such work at the regular overtime rate.

Sec. 2:

FOR THE ENGINE DEPARTMENT

1. The hours of work for wipers and all other day workers shall be from 8:00 a. m. to 12:00 noon; from 1:00 p.m. to 5:00 p. m. weekdays; and from 8:00 a. m. to 12:00 noon on Saturdays.

2. When charge is being worked between the hours of 5:00 p. m. and 8:00 a. m. or on Saturday afternoons, Sundays, and holidays, unlicensed members of the engine department when on watch shall be paid the regular overtime rate for such duty.

3. Wipers shall be required to assist in the general maintenance work of the engine department. They may be required to blow tubes on those vessels where it is necessary to blow tubes by hand, provided that such work is performed during the regular working hours; otherwise overtime shall be paid. When wipers are required to clean tanks they shall be paid for such work at the regular overtime rate in addition to their regular monthly wages.

Wipers may be required to clean boilers in port when regular shore gangs are not available for such work. For performing this work, wipers shall be paid at the regular overtime rate in addition to their regular pay.

While vessels are in transit through canals or when proceeding into harbors, wipers shall be assigned to trim ventilators whenever heat in the engine room makes it necessary, unless ventilators are being attended to by the watch on deck.

AT SEA

1. The deck engineer shall perform the necessary maintenance work on all deck machinery. If no plumber is included in the ship's complement, he shall also be required to make necessary repairs to domestic service and sanitary lines and to those lines which are connected with the deck machinery.

2. Deck engineer shall not be required to do cleaning work.

SEC. 15. When board and room are not furnished, unlicensed members of the crew shall receive the following allowances:

(a) In lieu of breakfast_

(b) In lieu of dinner.

(c) In lieu of supper.

(d) In lieu of quarters (per night).

$1.00

1.00

1.00

2.00

SEC. 16. When unlicensed members of the crew are required to clean tanks which have been used for the purpose of transporting fluid cargo such as fuel oil, molasses, cocoanut oil, etc., they shall be paid for such work at the rate of one dollar ($1.00) per hour for straight time and one dollar and fifty cents ($1.50) per hour for overtime. Nothing in this section shall be deemed to prevent the company from employing regular shore gangs to perform such work.

SEC. 17. If required to clean holds in which bulk sulphur, soda ash, phosphate, bulk cement, etc., have been carried, unlicensed members of the crew shall be paid for such work at the rate of one dollar ($1.00) per hour for straight time an one dollar and fifty cents ($1.50) per hour for overtime.

SEC. 18. When unlicensed members of the crew are required to work dynamite or handle explosives of any kind they shall be paid for such work at the rate of $2.50 per hour.

SEC. 19. When unlicensed members of the crew are required to clean ship's fuel oil tanks, they shall be paid for such work at the rate of one dollar ($1.00) per hour straight time and one dollar and fifty cents ($1.50) per hour overtime.

ARTICLE IX. DEPARTMENTAL WORKING RULES

SEC. 1. The company agrees to make effective on board each of its vessels the following working rules as established by the union, viz:

FOR THE DECK DEPARTMENT

1. The regular working hours in port from Monday to Friday inclusive, shall be from 8:00 a. m. to 12:00 noon; from 1:00 p. m. to 5:00 p. m.; on Saturdays from 8 a. m. to 12:00 noon.

2. In all open harbors or roadsteads, the crew shall stand regular sea watches as required by the master, but no unnecessary work shall be performed between the hours of 5:00 p. m. and 8:00 a. m. or Saturday afternoons, Sundays, and holidays.

3. Any work performed on Saturday afternoons, Sundays, and holidays and between the hours of 5:00 p. m. and 8:00 a. m. shall be paid for at the regular overtime rate except as otherwise provided for herein in paragraphs six (6) and ten (10) of this article.

4. Sea watches shall be set when the vessel leaves for sea but not later than noon on the day of departure. Sea watches shall continue in effect until noon of day of arrival or until vessel is properly berthed.

5. When members of the watch below are called on to assist in docking or undocking of the vessel, they shall be paid for such work at the regular overtime rate. 6. If the stay of the vessel in port is not of sufficient duration to permit the breaking of sea watches and sea watches are maintained during the stay of the vessel in port, the unlicensed personnel of the deck department shall stand their regular sea watches and perform such duties as are assigned to them while on watch; provided however, that if the unlicensed members of the deck department while standing their regular sea watches, are required to perform any duties other than those required for the navigation and the safety of the vessel between the hours of 5:00 p. m. and 8:00 a. m. on week days, or after 12:00 noon on Saturdays, or at any time on Sundays or holidays, they shall be paid for the time so worked at the regular overtime rate.

7. Unlicensed personnel of the deck department, when required to keep gangway watch in port between the hours of 5:00 p. m. and 8:00 a. m. and on Saturday afternoons, Sundays, and holidays, shall be paid for such duty at the regular overtime rate.

8. If the watch below is required to break out mooring lines on Saturday afternoons, Sundays, and holidays, when such days are days of arrival, they shall be paid for the work involved at the regular overtime rate.

9. When the carpenter is required to stand by between the hours of 5:00 p. m. and 8:00 a. m. and on Saturday afternoons, Sundays, and holidays, he shall be paid at the regular overtime rate.

10. Maintenance work performed at sea after 5:00 p. m. and before 8:00 a. m. on week days, and on Saturday afternoons, Sundays, and holidays shall be paid for at the regular overtime rate; provided however, that during such hours at sea, the unlicensed members of the deck department on watch shall perform these duties necessary for the routine navigation or safety of the vessel and the performance of such duties shall not be considered as overtime.

11. When unlicensed members of the deck department are required to clean bilges and the immediate safety of the vessel is not involved, they shall be paid for such work at the regular overtime rate.

12. The unlicensed members of the deck department may be required to clean and sweep cargo holds during their regular watch on deck without payment of overtime for such service; except between the hours of 5:00 p. m. and 8:00 a. m. and on Saturday afternoons, Sundays, and holidays, when for such work, they shall be paid at the regular overtime rate.

13. If sea watches are set prior to the day of departure all work performed between the hours of 5:00 p. m. and 8:00 a. m. or on Saturday afternoons, Sundays, and holidays, shall be considered overtime and paid for at the regular overtime time rate.

14. When the watch below is called out to work, they shall be paid at the regular overtime rate except in cases of proven emergency.

15. The day that a vessel arrives from sea shall be considered the day of arrival. After the vessel has been originally berthed, subsequent moves within the port shall be considered as shifting ship and the unlicensed members of the deck department, participating in this operation between the hours of 5:00 p. m. and 8:00 a. m. on weekdays or on Saturday afternoons, and on Sundays and holidays shall be paid for such work at the regular overtime rate.

16. The day of departure shall be the day the vessel leaves for sea from that port from which the vessel is cleared and watches shall be set and maintained from that port.

17. Battening down, rigging up, or securing cargo gear, shall be done by the watch on deck without payment of overtime, except between the hours of 5:00 p. m. and 8:00 a. m. and on Saturday afternoons, Sundays, and holidays, when such work shall be paid for at the regular overtime rate.

18. Unlicensed members of the deck department when required to handle mail or baggage shall be paid for such work at the regular overtime rate.

19. When the unlicensed personnel are required to remove garbage or manure either in port or at sea, they shall be paid for such work at the regular overtime rate.

Sec. 2:

FOR THE ENGINE DEPARTMENT

1. The hours of work for wipers and all other day workers shall be from 8:00 a. m. to 12:00 noon; from 1:00 p.m. to 5:00 p. m. weekdays; and from 8:00 a. m. to 12:00 noon on Saturdays.

2. When charge is being worked between the hours of 5:00 p. m. and 8:00 a. m. or on Saturday afternoons, Sundays, and holidays, unlicensed members of the engine department when on watch shall be paid the regular overtime rate for such duty.

3. Wipers shall be required to assist in the general maintenance work of the engine department. They may be required to blow tubes on those vessels where it is necessary to blow tubes by hand, provided that such work is performed during the regular working hours; otherwise overtime shall be paid. When wipers are required to clean tanks they shall be paid for such work at the regular overtime rate in addition to their regular monthly wages.

Wipers may be required to clean boilers in port when regular shore gangs are not available for such work. For performing this work, wipers shall be paid at the regular overtime rate in addition to their regular pay.

While vessels are in transit through canals or when proceeding into harbors, wipers shall be assigned to trim ventilators whenever heat in the engine room makes it necessary, unless ventilators are being attended to by the watch on deck.

AT SEA

1. The deck engineer shall perform the necessary maintenance work on all deck machinery. If no plumber is included in the ship's complement, he shall also be required to make necessary repairs to domestic service and sanitary lines and to those lines which are connected with the deck machinery.

2. Deck engineer shall not be required to do cleaning work.

3. While on watch, oilers shall not be required to chip, scale, wash, paint, shine brass, or perform any duties aside from their regular routine work. They may, however, be required to wipe hand rails, clean up oil, and otherwise leave safe working conditions in the vicinity of the engine room and around machinery in motion.

On these vessels where the oilers are not required to tend water they may be required to perform maintenance work while on watch between the hours of 8:00 a. m. and 5:00 p. m., provided that such maintenance work does not exceed one hour each watch or interfere with routine sea duty.

Oilers shall not be required to pump liquid ballast, cargo, or fuel oil.

4. Water tenders on sea watch shall be required to tend water and boiler auxiliaries, fuel service tanks, oil temperatures, stack drafts in fireroom, and supervise firing. Water tenders shall be required to handle any valves connected with the operation of the boilers as directed by the engineer officers. They shall not be required to crack stops and warm up steam lines when cutting in; however, when boiler stops have been cracked, they may be further regulated by water tenders at the direction of the engineer officer in charge.

5. Firemen when on sea watches shall not tend water nor shall they leave the confines of the fireroom to oil auxiliaries or do any work not directly connected with the steaming of the boilers.

Firemen, while on sea watch, shall not be required to go behind boilers or below floor plates or above the first grating for the purposes of cleaning. They shall, however, be required to clean floor plates, drip pans, and oil in the immediate vicinity of the boilers. Except as already specified all cleaning work must be done between the hours of 8:00 a. m. and 5:00 p. m., otherwise the overtime rate shall apply.

Nothing in this section shall be construed to relieve the fireman on watch of his obligation to turn his station over to his relief in a safe and orderly condition. This shall be deemed to include the cleaning up of excess oil occasioned by changing burners.

6. Firemen may be required to assist in the blowing of tubes; however, on those vessels not equipped with mechanical tube blowing apparatus, and where tubes are blown by hand, the fireman on watch shall be paid overtime when required to assist in this operation.

IN PORT

1. The hours of work for the deck engineer shall be from 8:00 a. m. to 12:00 noon; from 1:00 p.m. to 5:00 p. m. on weekdays; from 8:00 a. m. to 12:00 noon on Saturdays. He shall be paid overtime for all work in excess of these hours at the regular overtime rate. The deck engineer shall be responsible for the upkeep and maintenance of the deck machinery. He shall not be required to install equipment where such work may be done by qualified shore gangs.

2. Oilers on day work shall assist the engineer officers in maintenance work in the engine department. They shall not be required to do any cleaning of boilers, painting, cleaning paint, polishing work, wire brushing, chipping for scaling; in general, oilers shall be assigned to maintenance work and repair work only.

When cargo is being worked between the hours of 5:00 p. m. and 8:00 a. m., an oiler may be placed on donkey watch for the purpose of oiling winches and deck machinery.

3. On all vessels having water-tube boilers, the water tenders shall be required to stand donkey watches. Watertenders on donkey watch shall tend water and boiler auxiliaries and maintain steam.

Watertenders on day work shall do maintenance work on boiler mountings and equipment necessary for the steaming of boilers in the fireroom. If watertenders are required to work in the engine room, they shall be paid at the regular overtime rate except in cases of proven emergency.

4. Firemen shall be required to tend water and boiler auxiliaries and maintain steam on those vessels which do not carry watertenders.

Firemen on day work shall assist in the performance of maintenance work on boiler mountings and other equipment necessary for the steaming of the boilers. They may also be required to turbine tubes, wash steam drums of water-tube boilers or in the case of Scotch boilers, wash water sides of same.

When a fireman is required to work in the engine room or in places other than the fireroom, he shall be paid for such work at the regular overtime rate, except in the case of proven emergency. Firemen shall not be required to do scaling or bilge or tank cleaning in ports where regular shore gangs are available.