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.cumstances this period may be included by the Administrator in determining whether a person has satisfactorily completed a period of "substantially continuous service" in the American merchant marine.
The provisions of the bill extend only to service on vessels documented under the laws of the United States or under control of the War Shipping Administration. The Administration feels, in order to carry out the objective of the legislation, that service on any vessel operated in furtherance of the war should carry with it any reemployment rights granted to seamen. To recognize in this way the importance to the war of all types of vessels aiding in carrying on necessary commerce during the war will help in recruitment of seamen for the manning of vessels. The language in the suggested draft is designed to include all vessels being operated in furtherance of the war effort of the United States.
The draft of amendments provides that any person entering service in the merchant marine, who satisfactorily completes a period of substantially continuous service, shall be entitled to a certificate to that effect from the Administrator, War Shipping Administration. The receipt of such a certificate is made one of the conditions to reinstatement in the position which the person had left to enter service. Such a provision is desirable in order not to encourage persons to enter either training or service on ships for a short period,
Section 2 of the draft contains provisions covering the reemployment of persons leaving positions with the Government and private industry, and covers the method by which such persons shall be treated with respect to insurance and other benefits. This last provision is similar to section 1 (b) of H. R. 7744.
Section 3 of the draft provides a method for enforcing the reemployment rights and other benefits to persons who leave private employment to enter service in the merchant marine similar to that afforded men who enter the armed forces of the United States.
Section 4 of the draft provides that men leaving Government positions shall be entitled to any compensation from their civilian positions covering their accumulated or current accrued leave in addition to any pay which they might receive for service in the merchant marine.
Section 5 of the draft provides that the Administrator, War Shipping Administration, may make such rules and regulations as he deems necessary or appropriate to carry out the provisions of the proposed bill.
In the preparation of the suggested draft the Administration has consulted with representatives of the Civil Service Commission and understand they are in agreement therewith.
In view of the fact that hearings have been scheduled on this measure for December 3, 1942, this report is being transmitted to you without the comment of the Director, Bureau of the Budget. His comment will be transmitted to you as soon as it is received. In the meantime, nothing in this report is to be construed as an indication of the relation of the proposed legislation to the program of the President. Sincerely,
E. S. LAND, Administrator.
SUGGESTED REVISION OF H. R. 7744
That when used in this Act the term "service in the merchant marine" means service as an officer or member of the crew on or in connection with a vessel documented under the laws of the United States or a vessel owned by, chartered to, or operated by or for the account or use of the Administrator, as an enrollee in the United States Maritime Service on active duty, and, to such extent as the Administrator shall prescribe, any period awaiting assignment to such service and any period of education or training for such service in any school or institution under the jurisdiction of the Administrator. Any person entering service in the merchant marine after May 1, 1940, and before the termination of the unlimited national emergency declared by the President on May 27, 1941, who, in accordance with rules and regulations prescribed by the Administrator, War Shipping Administration, satisfactorily completes a period of substantially continuous service in the merchant marine, shall be entitled to a certificate to that effect from the Administrator upon completion of such period, which shall include a record of any special proficiency or merit obtained.
SEC. 2. (a) In the case of any such person who, in order to perform service in the merchant marine, has left or leaves a position, other than a temporary position, in the employ of any employer and who (1) receives such certificate,
(2) is still qualified to perform the duties of such position, and (3) makes application for reemployment within forty days after completion of such service
(A) if such position was in the employ of the United States Government, its Territories or possessions, or the District of Columbia, such person shall be restored to such position or to a position of like seniority, status, and рау;
(B) if such position was in the employ of a private employer, such em: ployer shall restore such person to such position or to a position of like seniority, status, and pay unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so;
(C) if such position was in the employ of State or political subdivision thereof, it is hereby declared to be the sense of the Congress that such person should be restored to such position or to a position of like
seniority, status, and pay. (b) Any person who is restored to a position in accordance with the provisions of paragraph (A) or (B) of subsection (a) shall be considered as having been on furlough or leave of absence during his period of service, shall be so restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to etsablished rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person entered such service, and shall not be discharged from such position without cause within one year after such restoration.
SEC. 3. In case any private employer fails or refuses to comply with the provisions of section 2, the district court of the United States for the district in which such private employer maintains a place of business shall have power, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of such provisions, to specifically require such employer to comply with such provisions, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reason of such employer's unlawful action. The court shall order a speedy hearing in any such case and shall advance it on the calendar. Upon application to the United States district attorney or comparable official for the district in which such private employer maintains a place of business, by any person claiming to be entitled to the benefits of such provisions, such United States district attorney or official, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution therof to specifically require such employer to comply with such provisions: Provided, That no fees or court costs shall be taxed against the person so applying for such benefits.
SEC. 4. Employees of the United States Government, its Territories or possessions, or the District of Columbia (including employers of any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), who subsequent to May 1, 1940, shall have entered upon service in the merchant marine, shall be entitled to receive, in addition to any pay for such service, compensation in their civilian positions covering their accumulated or current accrued leave, or to elect to have such leave remain to their credit until their return from such service.
SEC. 5. The Administrator, War Shipping Administration, may make such rules and regulations as he deems necessary or appropriate to carry out the provisions of this Act.
The CHAIRMAN (continuing). Speaking generally, the Civil Service Commission reports favorably on the bill with certain suggestions as to amendments to take care of the situation, which the War Shipping Administration has undertaken to take care of in the substitute bill which it has suggested as a revision of H. R. 7744, and which will be found attached to the report of the War Shipping Administration.
For the benefit of the gentleman from California I call attention to the fact that the Director of the Budget has not given his approval.
Mr. WELCH. That is to be regretted.
The CHAIRMAN. And that this is not to be considered as an indication of the relation of the proposed legislation to the program of the President. I do not know whether the gentleman wants to interpose any objection to the hearing unless and until that report be in or not.
The proponent of the measure, Mr. Ford, has been notified. His office was called and he has not reached his office. He has written certain letters to me and he will be heard when he comes.
His first letter was on October 30 in which he said he would greatly appreciate referring the bill to a subcommittee for investigation and report, and there is a subsequent letter asking for hearings on this bill.
In order to expedite as much time as possible I will call the names of the persons listed here who desire to be heard and see if they are present.
Mr. Telfair Knight, Director, Division of Maritime Training, War Shipping Administration and Maritime Commission. Is he present?
Mr. KNIGHT. Yes. The CHAIRMAN. Mr. James Pimper, attorney, Legal Division, Maritime Commission. He is here?
Mr. PIMPER. Yes.
The CHAIRMAN. Mr. Davis, War Shipping Administration, Division of Maritime Labor Relations. Is he here? Mr. DAVIS. Yes.
The CHAIRMAN. Mr. Olsen, War Shipping Administration, Division of Recruitment and Manning. Is he here? An ALTERNATE. I am Mr. Olson's alternate.
The CHAIRMAN. And is Mr. J. Fredison, the U. S. Civil Service Commission, principal technical assistant here?
Mr. FREDISON. Yes, sir.
The CHAIRMAN. Then the other persons desiring to be heard are Congressman Ford, Mr. Hogan, Mr. Delaney, Mr. Scharrenberg, and Mr. Haddock.
Here is the file on this bill and in it are one or two letters in which there are certain suggestions which were made that I think should be taken into consideration by the gentlemen who want to be heard.
I have a letter from Mr. Dave Newman, subchief engineer, School No. 38, 350 Vermont Avenue, written from Buffalo, N. Y. There is a note or postscript saying he is a Christian and of four generations of Scotch-Irish parents. I do not know whether that has any effect on this or not.
Mr. WELCH. May I suggest, Mr. Chairman, that we go on with the testimony immediately, as I have a very important hearing before the Committee on Insular Affairs, I understand there is a delegation from Puerto Rico here. - The Chairman. I will be delighted to accommodate my friend, and I will call for the witnesses.
I think there is one criticism you might have in mind and probably will want to answer. This comes from the Bluepoints Co., Inc., of Milford, Conn., suggesting "that the word 'citizens' be used in lieu
of employees,' my thought being that the word 'employees' as used, gives the impression that the bill applies only to the employees of the United States, and so forth.
“The bill provides that those who leave their positions to serve in the merchant marine shall be restored to their positions upon the termination of such service.
“Under this provision a man might work for several years in the merchant marine, after the emergency is over, and then return to his former employer, broken in health or even crippled, and demand his old job back."
In reading the substitute bill there was one thought that came to me that I wish those who are speaking would have in mind, and that is the physical position of the man when he comes back and wants his old job, whether that can be taken into consideration.
I am just going to mention that and then call on the outside witnesses in the order in which they appear here.
STATEMENT OF SAMUEL J. HOGAN, PRESIDENT, MARINE ENGI
NEERS BENEFICIAL ASSOCIATION
Mr. HOGAN. Mr. Chairman and members of the committee, I am appearing here in behalf of the National Marine Engineers Beneficial Association, to support H. R. 7744.
Mr. WELCH. Will you speak a little louder, Mr. Hogan, please ? The CHAIRMAN. A little louder, please. Mr. Hogan. I am appearing here in behalf of the National Marine Engineers Beneficial Association, to support H. R. 7744.
This bill, in our opinion, is the proper step for Congress to take to help seamen now sailing in the American Merchant Marine during this war. I believe, however, that the bill should be amended, so that it would cover all men who go into the merchant marine, as well as the Army Transport Service. They are not protected by law or by agreement at the present time.
There are many marine engineers now leaving stationary jobs to enter the merchant marine, and they have been unable to obtain leave of absence, with seniority rights, so that they would be reinstated in their present positions upon their return.
Therefore, I would appreciate it if the members of this committee would give this matter their favorable consideration and insert an amendment in the bill to cover all seamen in the merchant marine, whether they are civil-service employees, or otherwise.
The CHAIRMAN. Any questions?
STATEMENT OF JAMES J. DELANEY, PRESIDENT, NATIONAL
ORGANIZATION MASTERS, MATES, AND PILOTS OF AMERICA
Mr. DELANEY. My name is James J. Delaney, president of the National Organization of Masters, Mates and Pilots of America.
Mr. Chairman and members of the committee, my views are similar to those of Mr. Hogan.
I find from practical experience that many employers in this country will not give a leave of absence and protect the seniority right of men to go either into the American merchant marine or the Army Transport Service. Some of them have replied to me and said that while technically the Army Transport Service is part of the armed services of this country they will not give the men the protection.
I believe that this bill should be so amended as to protect all men who go into the United States merchant marine and also as to the Army Transport Service.
The CHAIRMAN. You understand, Mr. Delaney, that we will be biting off a little more than we can chew when we get into the question of the Army Transport Service. That comes under the jurisdiction of the Army and the Military Affairs Committee, and I am afraid we might jeopardize the position of the merchant marine service, but it will be considered, nevertheless.
Mr. DELANEY. I at least can make a recommendation to that effect? The CHAIRMAN. Yes; that is all right.
Mr. DELANEY. You realize, Mr. Chairman, that there has got to be a check to this situation so that any man can quit his position either to go into the United States merchant marine or into the Army Transport Service if the position that they presently hold might mean the best interests of the war effort. Knowing human nature as it is I think we all appreciate that there has got to be a check on them to keep them doing what might be the best thing but which they would not consider to be the best thing, so that I hope your committee will take all those things into consideration in amending this bill.
The CHAIRMAN. Any questions?
STATEMENT OF PAUL SCHARRENBERG, AMERICAN FEDERATION
OF LABOR, NATIONAL ORGANIZATION OF MASTERS, MATES, AND PILOTS OF AMERICA
Mr. SCHARREN BERG. Mr. Chairman, I am appearing here by request of the National Organization of Masters, Mates and Pilots of America, in support of what Mr. Delaney has said.
I should like to call the attention of the committee to the fact that several State organizations that have civil service have already made provisions such as are contemplated by this proposed legislation.
The States are Massachusetts, Connecticut, New Jersey, Michigan, and California. That is all. The CHAIRMAN. Any questions? (No response.) The CHAIRMAN. Mr. Haddock.