5. While the vessel is in port wipers shall be required to blow tubes and assist in all maintenance work in the engine department. FOR THE STEWARDS' DEPARTMENT 1. The hours of work for members of the stewards' department shall be eight (8) hours in any one day, between 6:00 a. m. and 6:00 p. m. 2. Members of the stewards' department shall not be required to serve other than the three regular meals which shall be served between the hours of 7:30 a. m. and 6:00 p. m. If on the orders of the master or commanding officer lunches are served in addition to the three regular meals already provided for, one (1) hour's overtime shall be paid to each man actually engaged in preparing and serving such lunch; provided, however, that when meals are served to longshoremen on board any vessel, the sum of thirty cents (30¢) shall be paid to those actually engaged in this work in lieu of overtime. 3. In the case of ships running coastwise, no baking of bread shall be done on board except when ships are at sea more than seventy-two (72) hours. 4. In port all work performed on Saturday afternoons, Sundays, and holidays shall be paid for at the overtime rate. 5. Members of the stewards' department shall not be required to serve meals or coffee to anyone other than members of the ship's company except on the orders of the master or commanding officer. Cooks, messmen, or those actually engaged in serving hot midnight or 3 a. m. lunches shall be allowed three (3) hours' overtime for preparing and serving same. Cooks, messmen, or those actually engaged in preparing 9:00 p. m. lunch to be allowed overtime for preparing and serving same as follows: One hour if set for other than crew members; two hours if served. 6. In port all refuse compartiments shall be located conveniently to the galley. 7. No member of the steward's department shall be required to serve coffee or meals on the bridge or in the engine room nor shall they be required to enter the same at any time unless for the safety of the vessel. 8. No member of the steward's department shall be required to carry stores or linen. 9. No member of the stewards' department shall be required to paint. 10. When lunches or meals are served to officials or guests numbering three or more persons, one hour overtime shall be allowed to each member of the stewards' department actually engaged in such work. 11. Because of the continuous nature of their work, members of the stewards' department shall receive fourteen (14) days annual vacation with pay and allowances; provided, however that upon the completion of six (6) months continuous service, members of the stewards' department shall be entitled to take half (1⁄2) of their accrued leave; provided further, that no employee shall be permitted to absent himself on leave until a suitable relief has been procured. ARTICLE X This agreement shall be binding upon the respective parties for the period to and including September 30, 1938, and shall be considered as renewed from year to year thereafter between the respective parties hereto, unless either party hereto shall give written notice to the other of its desire to amend or terminate the same. Any such notice shall be given at least thirty (30) days prior to the expiration date. If such notice is not given, the agreement shall be deemed to be renewed for the succeeding year. ARTICLE XI This agreement shall become effective immediately upon execution, with the proviso, however, that the new wage scale and overtime rate provided for herein shall become effective on each vessel immediately upon the termination of articles now in existence. The union agrees to submit to the company written proof of the ratification of this agreement by more than a majority of the unlicensed personnel employed by the company, within five (5) weeks from the date hereof. In witness whereof, Black Diamond Steamship Corporation has caused its name to be hereunto subscribed by its president, and its corporate seal to be hereunto affixed, and attested by its secretary, and the National Maritime Union of America has hereunto set its hand by the representatives of the respective divisions of the union, this sixth day of November 1937. The CHAIRMAN. Go ahead, Mr. Emerson. Mr. EMERSON. At this point I would like to call the committee's attention to a recent exposé of a certain condition that exists with respect to one of our steamship lines. In a release on Thursday, July 1, 1937, by the United States Maritime Commission an estimate is given of the estimated cost of operating subsidy contracts. In connection with this, we noted that the Eastern Steamship Lines, Inc., would receive an estimated subsidy for 6 months of $98,133.50. Now let us turn to Senate Report No. 46, part III, which is the report of the Senate Civil Liberties Committee, of which Senator La Follette is chairman, and on page 113 we find that the Eastern Steamship Co. is listed as one of the companies using labor spies. They are listed here as employing the notorious Railway Audit & Inspection Co., Inc. To sum up this situation briefly, we have here a steamship company on the one hand obtaining subsidies from the Government and on the other hand using part of their capital to employ labor spies, thus indirectly using the Government of the United States for the purpose of breaking labor unions. Now, when we find that steamship companies will resort to such methods as this, is it any wonder that we are distrustful of them in other things? Incidentally, I would like to state that the list of steamship companies cited in the La Follette report as using labor spies takes up practically a page of the report. I am of the opinion that before any subsidy is granted to any steamship company a thorough investigation of that company's labor policy should be made, and also that any said investigation should be made by an impartial group and not by certain of our Government officials who are known to be bought and paid for, body and soul, by the steamship interests. The CHAIRMAN. What do you mean by "body and soul, by the steamship interests"? Mr. EMERSON. Would you like to see affidavits by the dozen, signed statements by various branch agents of our unions, to the effect that inspectors, shipping commissioners, and so forth, are working in the interest of steamship companies in various ports? The CHAIRMAN. I would, for this reason: That if we have officials of the Government-shipping commissioners and others who are accepting money to give fale reports, it is your duty as citizens to bring that to the attention of the proper authority. Mr. EMERSON. We have tried to do that. We have tried to bring such matters as partiality being shown by inspectors and by shipping commissioners, to the attention of the Department of Commerce, but we don't get far there. The CHAIRMAN. Have you recently made such efforts? The CHAIRMAN. How long ago did you give it up? Mr. EMERSON. I shall have to ask Mr. Mullen to tell me the last time we brought things like that to the attention of the Department of Commerce. That was not during Commander Field's regime in the Bureau of Navigation and Marine Inspection. I will say that although we were opposed to a naval man, he has been, so far, fair and impartial. The CHAIRMAN. Then, so far as the present administration is concerned, you do not know of any instances of wrongdoing? Mr. EMERSON. We know of instances where we can't prove a thing, the same as Mr. Mitchell could not prove a lot when he was here 2 years ago. He made a lot of charges, but those are things that are hard to prove. It is impossible, almost, to prove them. The CHAIRMAN. Are they not simply charges? Mr. EMERSON. That is what they are. Morally we know we are right, but we cannot prove it. The CHAIRMAN. You suspect it. If it were really a fact, could you not prove it? Mr. EMERSON. It was not so long ago I was in Baltimore, and I went into the Shipping Commissioner's office. A young fellow happened to be sitting there. He was getting what is termed a "fink" book. I said to the Assistant Shipping Commissioner, "Does everybody have to take that?" "Yes," he said, "unless they are un-American, they will take it, and they should take it-all of them." In other words, even though this Seventy-fifth Congress, through Public Law 25, passed a law stating that it would be optional as to whether or not the continuous discharge book was carried by seamen, imposing a fine on any person who tried to force a seaman to take one or the other, the law is being violated by these various shipping commissioners. The CHAIRMAN. All right. Let me ask you a question: Do you permit a man to sail on a ship where your union is in charge if he prefers to take a "fink" book instead of a certificate? Mr. EMERSON. There is no law against permitting him to sail. The CHAIRMAN. All right, but I am not asking you about the law. You had a gentlemen's agreement with us that you would not discriminate against these people. Mr. EMERSON. That is right. The CHAIRMAN. But can one go aboard a ship now controlled by your union and use a "fink" book? Mr. EMERSON. If they have a book, they can. Yes, there are some men, although they are turning them in fast; they don't want them. Perhaps, you state, we have shown bad faith; but here is the thing we found: We have found a man who has gone aboard who has these books. Another man has a certificate. That night they have a drink or two in a saloon, and they have a difference of opinion as to which should be carried, the "fink" book or the certificate, and naturally the fight ensues. We cannot stop such fights on the waterfront. The CHAIRMAN. Then, you do not have to prove those fights; you know of them? Mr. EMERSON. No, we know that. Naturally, it takes two men to pick a fight. The CHAIRMAN. Will your union permit a man to sail using the "fink" book in preference to a certificate? Mr. EMERSON. Since it is the law, as far as I know, there has been no discrimination. The CHAIRMAN. I know of instances. Mr. EMERSON. Well, perhaps you do. Perhaps you have better information than I have. The CHAIRMAN. I want to ask if it is the policy of the union to insist He Mr. EMERSON. I will tell you what I will do. Mr. Whalen, agent of the port of Baltimore, is going to be a witness following me. will be able to tell you exactly how it works on the water front. The CHAIRMAN. All right. Mr. EMERSON. With regard to the bill S. 3078 itself, we have several minor amendments which we should like to offer. The CHAIRMAN. Which is the first one? Mr. EMERSON. That on page 3, line 21, the word "and" be stricken from the bill and that there be inserted in lieu thereof the word "in." The CHAIRMAN. You want to take out the word "and"? Mr. EMERSON. Yes, and to insert the word "in." It was evidently an error in printing. Senator ELLENDER. Which "and"? Mr. EMERSON. The first one. The CHAIRMAN. The one you refer to is the first "and" and not the second one? Mr. EMERSON. Not the second one; no. The CHAIRMAN. All right. What is your next amendment? Mr. EMERSON. It is on page 4, line 7 Senator MALONEY. I do not see why that could not properly be "and." Mr. EMERSON. It would give the inference that the Commission was going to investigate ocean-going shipping, when that has already been investigated. The CHAIRMAN. All right; proceed. Mr. EMERSON. Page 4, line 7. After the sentence ending with the word "prescribe" the following new sentence should be inserted: The duly elected representatives of the organizations certified as the proper collective bargaining agencies shall have the right to represent the employees who are members of their organizations at any such hearings held. The CHAIRMAN. Let us get the significance of that. Mr. EMERSON. I will tell you why that is necessary. We have found that there are some Government agencies where, in order to appear and represent someone, you have got to be a practicing attorney. This we discovered in the Federal Communications Commission. In order that such rules and regulations should not be promulgated for the Maritime Commission, which would be detrimental to our union officials, making it impossible for them to appear, we have added that. We consider this amendment necessary in order to safeguard our right to be represented at all hearings held by the Maritime Commission, by the representatives of our own choice. While the present Maritime Commission has at all times given us every opportunity to appear and be heard on all subjects, we feel that this is simply a safeguard for the future, so that rules cannot be promulgated which would interfere with our right to be heard. The CHAIRMAN. By that you mean both unions would be represented? Mr. EMERSON. Any union which has been certified as the proper collective bargaining agency. The CHAIRMAN. What is your next amendment? Mr. EMERSON. That on page 4, lines 15 and 16, the words "as provided in this section" be stricken from the bill. The CHAIRMAN. Why? Mr. EMERSON. We feel that this amendment is necessary in order to offset any attempt which would allow the minimum manning and wage scales and working conditions to become the standard for the industry. The CHAIRMAN. All right. What is next? Mr. EMERSON. On page 5, subsection (2) is to be amended to read as follows: Licensed officers and unlicensed members of the crew shall be entitled to make complaints or recommendations to the Commission through the authorized representatives of their respective collective bargaining agencies. We consider this amendment necessary for the reason that the Wagner Act having been declared constitutional by the Supreme Court, and the National Labor Relations Board through the act having been granted the power to certify the proper collective bargaining agency, the representatives of that agency should be entitled to bring the complaints or recommendations of the members of their organizations to the Commission. The CHAIRMAN. What is next? Mr. EMERSON. That on page 5, line 8, the word "shall" shall be stricken out and that the word "may" shall be substituted in lieu thereof. The CHAIRMAN. Why should they not wear that insignia? Mr. EMERSON. There is no reason, but the word "shall" makes it compulsory, while the word "may" gives them their choice. Do not forget that licensed officers on merchant ships have to buy that gold braid, and it costs them money. We feel it is necessary to add this wording to this section of the bill. The CHAIRMAN. What is your next one? Mr. EMERSON. That on page 5, line 12, there be added after the semicolon the following words: "or the Federal Communications Commission." As the radio operators on ships come under the jurisdiction of the Federal Communications Commission and are also licensed by that Commission, we feel that it is necessary to add this wording to this section of the bill. The CHAIRMAN. What is the next one? Mr. EMERSON. That on page 5, line 21, the words "qualify as" be stricken out and the word "become" be inserted in lieu thereof. We do not want to make it compulsory; we want to give them a choice. The CHAIRMAN. Do they want to be members of the United States. Naval Reserve? |