"No applicant for membership shall be admitted unless the membership is assured that such applicant is not a member of any Communist, Nazi, Fascist, German-American bund, or kindred organization and is not affiliated directly or indirectly with any group or association seeking to advance the interests of totalitarian "isms." “To this end, no application for membership will be considered unless the applicant first shall have over his signature pledged that he is not affiliated directly or indirectly with any such group or association or organization above described, with the provision that if such an applicant shall have falsely represented such connections to gain admission to membership, then, upon determination by the membership that such is the case, he shall be expelled forthwith from the local concerned and from the national organization'; and be it further "Resolved, That at the next national convention the delegates thereto be requested to amend the constitution and bylaws of the national organization to make the above provisions part of the organic law of the national organization; and be it finally "Resolved, That this resolution be given the widest publicity in our power." ISSUANCE AND REVOCATION OF LICENSE FOR SHIP RADIO OPERATORS Sections 107, 108, and 109 deals with radio operators, therefore of no interest to the Masters, Mates, and Pilots. TITLE II-CITIZENSHIP REQUIREMENTS FOR MANNING VESSELS Sections 201, 202, 203 are already law, therefore superfluous in this act. EXEMPTIONS OF CERTAIN VESSELS Section 204 instead of exempting certain vessels they should be included. We have no objection to sections 205, 206, 207. AMENDMENTS AND APPEALS Section 208, what substitute act takes the place of the one repealed TITLE III—MEDIATION OF MARITIME LABOR DISPUTES We are in full accord with the American Federation of Labor and its president, William Green. "There lies some form of compulsion and right to strike. There is no reason for the elimination of the Department of Labor in maritime disputes. It's Conciliation Service has functioned satisfactorily and we feel it can and will continue to do so." On behalf of the National Organization of Masters, Mates, and Pilots of West Coast Local No. 90, I strenuously oppose the passage of H. R. 2662 in its present state. Respectfully submitted. Capt. C. F. MAY, President of National Organization of Masters, Mates and Pilots of America, West Coast Local No. 90; and Sixth National Vice President of Pacific Coast District. Whereas the Maritime Labor Board in its report to the President and Congress (H. Doc. 646, 76th Cong., 3d sess.), has recommended amendments to title X of the Merchant Marine Act of 1936; and Whereas these amendments are being discussed in connection with the hearings being held on the Dirksen bill (H. R. 2662)— I was instructed by the membership of National Organization of Masters, Mates and Pilots of America, West Coast Local No. 90, to submit objections to some of the amendments and the extention of the term of the Maritime Labor Board. In House document, printed as a committee document (No. 3), section 1002: Recommendation 1: There is no substitute recommended by the Maritime Labor Board--how and why it would be in a better position than the National Labor Relations Board to expedite the determination of questions of representation. In fact, the jurisdiction the Maritime Labor Board recommends to cover would bring confusion in selection of representation as many maritime employees are working for subcontractors, such as maintenance labor, teamsters, and others, and come under contracts with their direct employer. We received satisfactory results under section 1002 as it now reads. There is no reason for changing the same. Recommendation 2: Is the most objectionable recommendation. It is a surprise that a governmental department such as the Maritime Labor Board claiming to have expert knowledge of the seafaring industry had the audacity to submit this amendment. The Board's reasons for the amendment is definite proof that they have no knowledge of the administration of the present law. The right to strike-there is no doubt in our mind of the right to strike in domestic harbors under the present law. It was demonstrated many times. When a vessel is in a domestic port, safely moored, men could quit, leave the vessel under strike conditions and no representative of the Bureau of Marine Inspection and Navigation or the master of any ship could stop them. There is not one instant on record where a licensed officer had his license revoked or suspended on account of a lawful strike activity. There is a difference between lawful and unlawful strike. The board's "reasons" smell of sit-down strikes-encourage to disobey lawful commands while on board. Almost anything can be, and in most instances, is now, construed as union activities. The master and officers have no authority, are not respected, and are made ridiculous. Instead of correcting the present situation-the Maritime Labor Board proposes to make it worse. Practically all maritime labor organizations are opposed to sit-down strikes, either in a domestic or foreign port. As long as a man remains on the vessel, he should carry out the lawful commands of the master and officers of the vessel or get off. Whenever this organization was forced to take strike action, the membership was always advised to stay on board until the arrival at a United States continental port, and then, before leaving the vessel to see that it was properly moored, gear secured, and in shipshape order. This is still our policy, not alone for the safety of the vessel, cargo and docks, but for our own interest. Sit-down strikes are not tolerated as our contracts provide for proper adjustment of minor disputes. If the present law cannot be amended to correct the present situation, then it should stand as is and the proposed amendment not be substituted. Recommendation 1002, subsection 3: No objection. It should be mandatory to the employer, especially if he receives subsidy from the United States Government to comply with all the laws of the United States. Sections 103 104 105 106 1007 1009 1010 1012: In these sections the Maritime Labor Board recommends replacement of authority from the National Labor Relation Board; the Department of Labor, its Conciliation Service; the Bureau of Marine Inspection and Navigation to the Maritime Labor Board or its suc cessor. From our experience, we are well satisfied with the Department of Labor's Conciliation Board and the Bureau of Marine Inspection and Navigation. It is very difficult for this organization to see the reasons for disturbing well. organized and successful departments of the Government; it would be detrimental to the maritime industry its employers and employees and for this reason we request your committee to disapprove of the Maritime Labor Board's recommendation and that you will recommend to Congress the discontinuance of the Maritime Labor Board, transfer their functions back to the proper governmental departments where they belong, by whom they have been satisfactorily taken care of. Why bother at all about this recommendation unless as a vehicle for introducing a piece of legislation which is thoroughly obnoxious to seafaring labor; namely, to keep or create another governmental board which is superfluous and will be an expense to the taxpayers. I make the personal observation that recommendations as printed on pages 3 to 22, inclusive, of House Document 646, Seventy-sixth Congress, third session, be taken to sea attached to a 10-ton anchor and cast where no bottom can be found. Respectfully submitted. CAPT. C. F. MAY, President of National Organization of Masters, Mates and Pilots 305951-41 -27 STATEMENT OF PHILIP MURRAY, PRESIDENT, CONGRESS OF INDUSTRIAL ORGANIZATIONS, MARCH 12, 1941 The Congress of Industrial Organizations joins the unions of the employees engaged in the maritime industry in opposing H. R. 2662, the Merchant Seamen's Act of 1941. We join in the opposition to this bill not only because it is a fundamentally unsound approach to maritime labor relations, but because its proposals threaten the development of democratic and peaceful labor relations throughout American industry. The provisions of this bill open the gates to a flood of discrimination for union activity in the maritime industry. Protection against such oppression is of major concern to all the unions of the Congress of Industrial Organizations. The Dirksen bill makes such discrimination inevitable by requiring continuous discharge books, thus providing a most effective means of blacklisting union seamen. Section 106, designed to prevent distribution of subversive propaganda at sea in effect gives to an antilabor interest the right of censorship over the minds of American seamen. All union literature might easily become "subversive" in the judgment of the master of the ship. Elimination of the union hiring halls as proposed would take from the maritime workers the most effective force for the protection of their freedom to organize and maintain the unions of their own choice. It is essential that the existing procedures for hiring and firing established by voluntary collective agreements between employers and the unions which have been proven satisfactory to all parties be preserved. The proposals of section 301 (providing for mediation and waiting periods before strikes), are of concern to all labor because they restrict labor's right to strike and thus weaken its only guaranty of strength in collective bargaining. On February 14, 1941, the secretary and vice presidents of the Congress of Industrial Organizations joined me in the following statement: "The issue before the people of the world today involves the question of the survival of democracy. The rights of workers to organize into unions of their own choosing, to be free from coercion or interference from their employers and to strike if necessary are the means of making Americans free men rather than economic slaves. Free and unimpaired collective bargaining between unions and employers is the best guaranty and assurance for industrial peace." This applies today to the special measure before you for consideration just as certainly as it applied generally some weeks ago. The provisions of this bill are of further concern because they threaten to disrupt the stable relations of this vital industry and create chaos where order now prevails. The lessons of successful collective bargaining experience in the maritime industry prove the wisdom of Congress in its previous refusals to enact restrictions similar to those urged today before this committee. Strong trade unions and well established collective-bargaining procedures are the only guaranties of maritime labor stability. Efforts to weaken the position of the unions, disrupt successful collective bargaining, and disturb present peaceful relations in the maritime industry amount to sabotage of the defense of American democracy. In opposing this bill, the Congress of Industrial Organizations speaks not only for the interests of the maritime unions, nor in the sole interest of organized labor, but speaks as well for the best interests of the entire American people who seek the most effective operation of the economy in the cause of genuine democracy. STATEMENT OF SILAS B. AXTELL, ATTORNEY, FRIENDS OF ANDREW FURUSETH NEW YORK, N. Y., March 8, 1941. COMMITTEE ON THE MERCHANT MARINE AND FISHERIES, United States House of Representatives, Washington, D. C. GENTLEMEN: At a special meeting of this organization, held on March 2, 1941, the provisions of the proposed bill, H. R. 2662, known as the Dirksen bill, were considered. The members of this organization feel that passage of this bill, with all its provisions, would be definitely against the interest of seamen, organized or unorganized, as well as against the interests of the unions themselves, and their officials. We feel that the spirit of Andrew Furuseth would rise against this bill. There is only one provision of it that might be desirable, and with some modications acceptable-that is, the provision creating the Maritime Labor Mediation Board, and providing for the settlement of labor disputes under the powers of such board. It was felt, however, that this organization would refrain from giving approval even to that suggestion at this time. There have been no strikes of seamen threatened recently, there has been no sabotage, there has been no withholding or delays of vessels in port in violation of the articles of agreement, the unions and the owners are functioning well, practically all American vessels are being operated under contract of some sort by which seamen are receiving a higher wage than they have at any time in the last 30 years, or perhaps at any time in the history of American shipping. Certainly, considering the overtime provisions, seamen generally are better off than they were at any time during the life of Andrew Furuseth. The foundation for this work-the right of seamen to leave their vessels in safe port, to demand half their wages and leave without being arrested and imprisoned, are rights that were gained under the leadership of seamen by Andrew Furuseth. These rights of American seamen certainly should never be impaired. Since the National Maritime Labor Board has functioned in a fairly satisfactory manner for seamen, and there is at present no indication that American vessels will be subjected to unreasonable delays, we believe that the enactment even of the Maritime Labor Mediation Board provision of the Dirksen bill is premature. It is respectfully requested that this letter be filed with the testimony of other witnesses who appeared before the committee. Very truly yours, SILAS B. AXTELL, Attorney, Friends of Andrew Furuseth Legislative Association. The CHAIRMAN. The hearings on this bill are closed. (Thereupon, at 12: 25 p. m., the committee adjourned until Thursday, March 13, 1941, at 10 a. m.)` APPENDIX [H. R. 2662, 77th Cong., 1st sess.] A BILL To establish hiring halls under the control of shipping commissioners for the engaging of seamen for certain vessels, to control subversive activities among seamen, to impose additional citizenship requirements for manning vessels of the United States, to establish more stable labor relations in the merchant marine, and to protect the status of the American merchant marine as an integral part of the national defense Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the Merchant Seamen Act, 1941. TITLE I-ENGAGEMENT AND DISCHARGE OF SEAMEN MERCHANT SEAMEN EMPLOYMENT CENTERS SEC. 101. (a) The Secretary of Commerce is authorized and directed to establish at each port at which there is a shipping commissioner a merchant seamen employment center (in this title called the "employment center"). The employment center at each such port shall be operated by, and be under the exclusive control of, the shipping commissioner at such port, subject to the general supervision and direction of the Secretary of Commerce. (b) In every port at which there is an employment center, the engagement of seamen for any vessel the discharge of the crew of which is authorized or required by law to be performed before a shipping commissioner shall, in the manner provided in section 103, take place at the employment center in such port and at no other place. (c) Whoever engages, or furnishes facilities for the engaging of, seamen otherwise than in the manner provided in this section and section 103, shall upon conviction thereof be fined not more than $1,000 or be imprisoned for not more than one year, or both. MARITIME LABOR ADVISORY BOARDS SEC. 102. (a) The Secretary of Commerce is authorized and directed to appoint at each port at which there is a shipping commissioner a maritime labor advisory board (in this title called the "advisory board"). The advisory board at each such port shall consist of one representative each from each of the labor organizations of which seamen at such port are members. The appointment of the members of the advisory board at each port shall be made upon the nominations of the labor organizations concerned at such port. The members of the advisory board shall serve without compensation, but shall be furnished at the employment center with such office space and facilities, and such clerical and other assistance, as may be necessary to carry out its functions. (b) It shall be the duty of the advisory board, in the manner provided in section 103, to advise the shipping commissioner of the rights and claims, contractual or otherwise, of the various labor organizations in connection with the engaging of seamen for any vessel at the employment center, and to present to the master of such vessel, or his designated representative, seamen who are eligible to be engaged on such vessel. PROCEDURE FOR ENGAGING SEAMEN SEC. 103. (a) The master of any vessel to which section 101 applies who desires to engage, at a port at which there is an employment center, one or more seamen for such vessel shall, either personally or through a representative designated by him, appear before the shipping commissioner at such employment center. The shipping commissioner shall forthwith notify the advisory board that the master 416 |