MERCHANT SEAMEN FRIDAY, FEBRUARY 28, 1941 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE MERCHANT MARINE AND FISHERIES, Washington, D. C. The committee met at 10 a. m., Hon. Schuyler O. Bland (chairman) presiding. The CHAIRMAN. The first witness we will hear this morning is Mr. Malone. STATEMENT OF VINCENT J. MALONE, SECRETARY OF THE PACIFIC COAST MARINE FIREMEN, OILERS, WATER TENDERS, AND WIPERS ASSOCIATION Mr. MALONE. Mr. Chairman, I represent the Pacific Coast Marine Firemen, Oilers, Water Tenders, and Wipers Association, an organization of approximately 4,500 members with headquarters at San Francisco and branches at Seattle; Portland, Oreg.; San Pedro; Honolulu; New York; and Baltimore. Although the title of the union is rather long, it still does not cover all types of personnel in the unlicensed engine-room department that we have collective bargaining agreements for. We also bargain for the deck engineers, electricians, machinists, plumbers, refrigerating engineers, engine-room yeomen, and the general and miscellaneous personnel in the engine room. We are an independent organization, affiliated neither with the C. I. O. nor the A. F. of L., but we want to go on record here that we are not to be confused with the lovie-dovie type of independent union, that is, the company union whose main policy seems to be "the company can do no wrong." Although we do not hold to the premise that the company is always wrong, nevertheless that is the premise of the company union, the so-called "independent union.” The CHAIRMAN. Well, we are not trying them; all we want is the facts. Mr. MALONE. O. K., Mr. Chairman; I just wanted to put that difference on record. Our association was first organized in 1883. It had sundry ups and downs that there is no purpose in going into at this date. We reorganized in 1933 and, since that time, have grown to our present membership, due largely to the successful 1934 strike and the consolidations after the 1936 major strike. We hold collective bargaining agreements with 90 percent of the operators on the Pacific coast, the only exception being a few oil 71 tanker operatives. We hold agreements with all of the steam schooner operators in general freight hauling and the lumber coastwise trade; we also hold agreements with numerous other companies which there seems to be no necessity to list here. At this time, I wish to put in, as exhibit A, one of our collectivebargaining agreements which includes the revised offshore wage schedule. This schedule has revised the agreements there and it will tend to bear up the arguments we will produce later, that is, that these revisions have been brought about by over-the-table bargaining that Congressmen in general and the general public have been clamoring for for years. (The document referred to is as follows:) EXHIBIT A (Second edition, February 10, 1941) AGREEMENTS OFFSHORE ALASKA STEAM SCHOONER, PACIFIC COAST MARINE FIREMEN, OILERS, WATERTENDERS AND WIPERS ASSOCIATION FOREWORD These agreements represent a long step from the arbitration Award which was handed down on April 10th, 1935. The Award at that time gave our members very poor wages, starting wipers $50, firemen $62.50, oilers and watertenders $72.50. The overtime rate was 60 per hour, and the working rules were negligible. Since that time by virtue of the three-month strike in 1936-37, and continued negotiations, our organization has step by step improved the conditions for the membership. All delegates, therefore, should bear in mind the fact that they have in their hands the carrying out of many clauses that have been won by the Union over a period of five years of continual betterments in conditions of the members of the Union. They are, therefore, instructed to have all men on the vessels live up to the terms of the Agreement and not allow the Agreement to be lightly broken. They are instructed to put in for all legitimate overtime that is coming to the men under the terms of the Agreement; however, to refrain from claiming as so-called overtime, items which are not covered by the Agreement and which the agents or patrolmen have no possible chance to collect for them. The members are also instructed to cooperate with all delegates and agents in seeing that the terms of the Agreement are lived up to. Space prohibits us from printing full rules of all the independent agreements, but the crews of these vessels can obtain copies by applying at Headquarters of the organization. OFFSHORE AGREEMENT V. J. MALONE, Secretary. THIS AGREEMENT, entered into this 7th day of October 1939, between the Pacific Coast Marine Firemen, Oilers, Watertenders, and Wipers Association, hereinafter referred to as the "Union," and Admiral Oriental Line. American-Hawaiian Steamship Company. American Mail Line. American President Lines, Ltd. Alaska Steamship Company. Alaska Transportation Company. W. R. Grace & Co. (as Agents for Grace Line, Inc., Pacific Coast, West Coast Mexican Central American Panama Service of Grace Line, Inc.) and (Pa cific Coast South American Service of Grace Line, Inc.). Luckenbach Gulf Steamship Company, Inc. Matson Navigation Company. The Oceanic Steamship Company. McCormack Steamship Company: (East Coast-South American Service). (Pacific Coast-Porto Rico-West Indies Service). (Intercoastal Service). Pacific Lighterage Corporation. Northland Transportation Company. Santa Ana Steamship Company. States Steamship Company. Swayne & Hoyt, Ltd. Pacific-Atlantic Steamship Company (Quaker Line). Weyerhaeuser Steamship Company. Pacific Republics Line. Union Sulphur Company. hereinafter referred to as the "Employers," WITNESSETH AS FOLLOWS: GENERAL AGREEMENT Section 1. The Employers agree to recognize the Pacific Coast Marine Firemen, Oilers, Watertenders, and Wipers Association as the representative for the purpose of collective bargaining of their unlicensed engine-room personnel. Section 2. The Employers agree to give preference in employment to members of the Union, and to secure their unlicensed engine-room personnel through the offices of the Union. Section 3. The Union agrees to furnish capable, competent, and satisfactory employees. Section 4. The Union recognizes that for the proper functioning of the modern, complex vessel, certain men of special training and qualifications including Electricians, Icemen, Plumbers, are required at times, and to assist the employers in securing such men and to facilitate shipment, the Union agrees that the Employers may send a representative to the Union office or hall to assist in selecting such men from among those available and eligible. The Union also agrees that if men of such special training and qualifications are not available among Union members, the employer shall have the right to select and secure men from other sources, and the Union shall cooperate in this respect. The Employers, on their part, agree not to interfere in any manner with proper efforts of the Union to persuade men so secured to become members of the Union. It is understood that if men so secured do not join the Union, the Employer is obligated to employ a Union member for the job at any time new Articles are being opened, provided a satisfactory Union member is then available. Section 5. The Union agrees that the Employers shall have the right in their discretion, to reject men furnished who are considered unsuitable and unsatisfactory. In case any person is rejected, the Union agrees to furnish a prompt replacement. When any person is rejected, the Employer shall furnish a statement in writing to the Union stating the reason for the rejection. If the Union feels that any rejection has been unjust and has worked a hardship on the person, the Union shall without delay take the matter up with that particular employer and attempt to secure an adjustment. Section 6. If a satisfactory adjustment cannot be secured within twenty-four (24) hours with the Employers, the Union shall thereupon refer the matter to the Port Committee, and the Port Committee shall then hear the case and render a decision. Section 7. The Employers agree not to discriminate against any man for legitimate Union activity. Section 8. The Employers agree to recognize one employee on each vessel, designated by the Union, to act as the delegate and representative of the Union, whose duty shall be to see that the members of the Union on that vessel observe the agreement, and at the same time that the rights and interests of such members under this agreement are protected. Section 9. The Union recognizes that at times replacements must be secured at ports where there are no branches of the Union, and the Union therefore agrees not to discriminate against such replacements when vessels arrive at ports where regular branches of the Union are maintained. The Employers, however, shall make every reasonable effort to secure the services of members of the Union, and the delegate of the Union shall assist in this respect. Section 10. Members of the Union who are in good standing with the Union may remain continuously in employment on the same vessel provided the Employers and such members desire such employment to continue. Section 11. A Port Committee shall be established at the Port of San Francisco. The Committee shall consist of six members, three to be appointed by the Union and three by the Employers. (a) The duties of the Port Committee shall be to investigate and adjudicate all grievances and disputes which may arise between any of the parties, and to take the necessary steps to secure compliance with this agreement, and to prevent violations. At the request of either party the Port Committee shall meet within twenty-four (24) hours. (b) The Employers and the Union shall appoint representatives at Seattle, Portland, and San Pedro to hear and adjudicate disputes arising at such ports, but no decision involving a basic interpretation of this agreement shall become effective unless approved by the Port Committee at San Francisco. In the event the representatives at any of such ports fail to agree on any matter it shall be referred to the Port Committee at San Francisco for decision. (c) In the event the Port Committee at San Francisco fails to agree on any matter, it shall be referred to a referee whose decision shall be rendered promptly in writing and shall be final and binding. (d) The parties shall attempt to agree upon a standing Referee for the Port Committee at San Francisco; but if the parties shall fail to agree then, at any time, at the request of either party, such standing Referee shall be appointed by the Conciliation Service of the United States Department of Labor. If any Referee so appointed shall at any time be unable, or refuse or fail to act or resigns, the Conciliation Service of the United States Department of Labor shall promptly appoint his successor or substitute. The expenses of any Referee shall be borne equally by the Union and the Employers. Nothing in this section shall be construed to prevent the Port Committee from agreeing upon other means of deciding matters upon which there has been disagreement. Section 12. There shall be no strikes, lockouts, or stoppages of work while the provisions of this agreement are in effect. Section 13. Members of the Engine-room Department shall perform the necessary and customary duties of that Department; each member of the Engineroom Department shall perform only the recognized and customary duties of his particular rating. Any work necessary for the safety of the vessel, passengers, crew, or cargo, or for the saving of other vessels in jeopardy and the lives therein, or when in port or at sea in the performance of fire, lifeboat, or other drills shall be performed at any time, and such work shall not be considered overtime. Section 14. The members of the Union will comply with all lawful orders of superior officers and with all company rules not inconsistent with this agreement. Section 15. The Union shall not interfere with the performance of work outside of the general scope of this agreement, provided such work is customary in the particular trade, and is arranged for with the employees by the employers on mutually satisfactory terms and conditions, provided, that such terms and conditions, as far as they apply to members of the Marine Firemen, Oilers, Watertenders and Wipers Association shall be determined by the Employers and the Union; nor shall the Union or its members interfere with the performance of any work by other employees, provided it is customary in particular trades to employ other employees to perform such work. Section 16. Employers shall only be required to comply with the law and regulations of the Bureau of Marine Inspection and Navigation in all matters relating to manning, quarters, and equipment, construction and arrangement of the ship. (Upon request any vessel subject to the provisions of this agreement shall be inspected by a joint committee representing the Union and the Employers and when checked and passed by the committee, their decision shall be final.) Section 17. This agreement is binding with respect to ships operating in the particular service appearing after the signature of the steamship companies, parties to the agreement, respectively, and if no particular service is specified, to all ships operated by them. Section 18. This agreement governs only the relations between steamship companies and the Union, and the wages, hours, and working conditions for unlicensed engine-room personnel of the steamship companies. Section 19. (a) Any crew member engaged and discharged at U. S. Pacific Coast or Island ports of the Pacific on account of lay-up of a ship, who has been employed less than 15 days, shall be given immediate first-class transportation and subsistence to the port of engagement, or if transportation and berth are not provided, a sum equal to the current tariff rate for fare and berth plus subsistence at the rate of $3.00 per day. If a crew member is entitled to transportation under the foregoing provision and neither rail nor bus facilities are available, he shall receive transportation on company vessels with meals and berth equivalent to crews' quarters. (b) Any crew member discharged at any port except as provided in subdivision (a) of this Section because vessel is withdrawn from service for any cause except shipwreck, he shall receive not less than first-class transportation and berth plus subsistence at the rate of $3.00 per day and wages to the home port or port of engagement. When bus or rail service are not available transportation with meals and berth equivalent to crews' quarters and wages will be provided. (c) No transportation shall be allowed should a man be discharged by mutual consent before the termination of the articles. (d) Members paid off under Section 19 (a) or 19 (b) shall be entitled, at their option, to the following cash equivalent: (e) Members hired in Honolulu and paid off under Section 19 (a) and 19 (b) shall be entitled at their option to the following cash equivalent: If paid off in West Coast ports-. If paid off in East Coast ports_. $40.00 125.00 Section 20. The Employers shall furnish safe gear and working equipment and safe working conditions when in any harbor or roadstead. Section 21. Any vessel going into war zones, areas rendered unsafe by virtue of hostilities, shall be subject to special negotiations with regard to increase of wages or bonus or other special benefits. The Union agrees that no sailings shall be delayed because of failure to reach a prompt agreement, but that, if it becomes necessary, the prescribed steps for adjustment of the dispute shall be followed subsequent to the vessel's departure. WAR BONUS-EFFECTIVE UNTIL FURTHER NOTICE The following war zones or areas rendered unsafe by reason of hostilities and increases in wages or bonuses payable by reason thereof are defined as follows and shall remain in effect on the routes hereinafter specified and bind the parties hereto until September 30, 1941: (a) In the Australian run-From the arrival of a vessel west-bound at Suva until its departure from Suva east-bound 1. $30.00 per month to all employees entitled to receive $120.00 or less under the provisions of said agreement of October 7, 1939, as basic monthly wages; 2. 25% of base wage and emergency war increase to all employees entitled to receive more than $120 per month as basic monthly wages under said agreement of October 7, 1939. (b) Trans-Pacific Passenger and Freight Service From the crossing of the 160th east meridian west-bound until crossing the same meridian east-bound— 1. $30.00 per month to all employees entitled to receive $120.00 or less under the provisions of said agreement of October 7, 1939, as basic monthly wages; 2. 25% of the base wage and emergency war increase to all employees entitled to receive more than $120.00 per month as basic monthly wages under said agreement of October 7, 1939. (c) Round-the-World Passenger Service From the 160th eastern meridian west-bound until arrival in New York— 1. $30.00 per month all employees entitled to receive $120.00 or less under the provisions of said agreement of October 7, 1939, as basic monthly wages. 2. 25% of the base wage and emergency war increase to all employees entitled to receive more than $120.00 per month as basic monthly wages under said agreement of October 7, 1939. |