is fitted with automahtic steering gear he may assist in the maintenance of the wheelhouse and bridge deck. In port he shall stand gangway watch and assist the senior deck officer in charge. SEC. 7. The day of departure shall be the day the vessel leaves for sea from the port from which the vessel is cleared and sea watches set and maintained from that port. SEC. 8. One hour shall be allowed for battening down, rigging up, or securing general deck gear on Saturday afternoons, Sundays, and holidays, or between the hours of 5 p. m. and 8 a. m. by the watch without payment of overtime; provided, however, that if the work exceeds 1 hour during the period specified the regular overtime rate shall apply for the excess time. ENGINE DEPARTMENT WORKING RULES SECTION 1. The hours for all day workers shall be eight (8) hours per day weekdays from 8 a. m. to 5 p. m., with 1 hour off for lunch, and from 8 a. m. to 12 noon on Saturdays. SEC. 2. When an electrician is carried he shall be responsible for the upkeep and repair, alteration, and renewal and reasonable installation in connection with the vessel's electrical equipment, as directed by the engineer in charge. SEC. 3. When a machinist is carried his duties at sea and in port shall consist of assisting in the general repair, upkeep, and reasonable installation of the ship's machinery and equipment, as directed by the engineer in charge. He shall not be required to do any painting or chipping and scalling of paint work or polishing brass work. SEC. 4. (a) Pumpmen at sea: The hours of work for pumpmen shall be from 8 a. m. to 12 noon; from 1 p. m. to 5 p. m. weekdays, and from 8 a. m .to 12 noon Saturdays. For all work performed in excess of these hours he shall be paid at the regular overtime rate. Pumpman's duties shall consist of handling fuel oil, ballast, cargo, and tank cleaning equipment, and all work necessary for the maintenance and operation of cargo pumps, auxiliaries, general cargo lines, and all deck machinery. He shall not be required to chip paint, scale point, polish brass, or do any work that is not considered maintenance for the machinery under his care. He shall not be required to make heavy installations where this work is customarily done by shore gangs. This, however, shall not be construed to apply to renewals and replacements of worn-out equipment. (b) Pumpmen in port: At the discharge port, the first pumpman's eight (8) hours are to begin with the instructions to start discharging cargo or with the instructions to stand by to discharge cargo; such time to be continuous without deducting time for meals if such time is 20 minutes or less. If carried, the second pumpman's eight (8) hours are to begin when he relieves the first pumpman. Each pumpman is to work eight (8) hours in each twenty-four (24) hours, and any additional time worked shall be considered overtime. SEC. 5. (a) Watertenders at sea: Watertenders, when carried, shall tend water and boiler auxiliaries, fuel service tanks, oil temperatures and stack drafts in fire-room, and supervise firing. They shall handle any valves connected with the operation of the boilers as directed by the engineer in charge. Watertenders shall not be required to crack stops and warm up steam lines when cutting in. However, when stops have been cracked, they may be further regulated by the watertenders under the direction of the engineer in charge. (b) Watertenders in port: Watertenders, when carried, in port on ships having watertube boilers shall stand watches and tend water, auxiliaries, and supervise firing. While on watch they shall not be required to perform any other duties than those herein stated. When working on day work they shall assist in the general repairs in the engine department as directed by the engineer in charge. SEC. 6. (a) Oilers at sea: 1. Oilers on watch on reciprocating engines. Their work shall consist of oiling main and auxiliary machinery, the steering gear, ice machine and blowers which may be located outside engine room spaces. They are to keep hand-rails, gratings, and floor plates wiped in the immediate vicinity of moving machinery, and if water gages and checks are in engine room they shall tend water. Oilers at sea on all vessels shall not be required to chip, scale, or wash paint, or paint, shine brass, or perform any other duties aside from the regular routine work. 2. Oilers on watch on turbine engines: If required to tend water, their duties shall remain as outlined for reciprocating engines. When not required to tend water, oilers may be required to perform maintenance work, said maintenance work not to exceed one hour daily. 3. Oilers on watch on motor vessels: They shall be governed by the same rules as are in effect for vessels with reciprocating engines. 4. On all vessels when at sea the oilers on watch shall not be required to attend or operate the additional engine room machinery necessary for the functioning of the Butterworth machines in the tank cleaning operation. (b) Oilers in port: 1. Oilers in port on reciprocating, turbine, and motor vessels, if on watch at anchor or at the dock, provided they are not required to tend water, shall assist in making repairs between the hours of 6 a. m. and 5 p. m. No work outside of the routine standing of the anchor watch shall be required of the oilers between the hours of 5 p. m. to 6 a. m. 2. When in port and watches broken, their hours shall be those of day workers and shall assist with the repairs in engine department as directed by the engineer in charge. 3. Members of the unlicensed personnel of the engine department on motor vessels, when required to enter the casings for the purpose of cleaning or scaling, shall be paid the tank-cleaning rate. SEC. 7. (a) Firemen at sea: On watch they shall tend the fires, clean burners, fuel oil strainers, and keep their stations clean. They are not to go above the first grating, behind the boilers on ship's side, or on ship's side abreast the boilers, or below the floor plates for any cleaning or painting except to clean loose oil resulting from their work. Firemen on watch shall not be required to chip these aforementioned places. They are not to tend water unless the checks and gauges are in the fireroom, in which case they may be required to tend water and shall be rated a fireman-watertender. For vessels fitted with more than three Scotch boilers and where firemen are required to tend water, they shall not be required to clean any station with the exception of the floor plates. Firemen shall assist with the blowing of tubes where vessel is equipped with mechanical tube blowing apparatus. On vessels not so equipped and where tubes are blown by hand by opening uptake doors and using hand lance, the firemen assisting shall be paid the tank-cleaning rates for such time as required for this duty. (b) Firemen in port: When watches are not broken, their duties shall be the same as at sea. When watches are broken their hours shall be the same as day workers and their duties shall consist of assisting in the general repairs and maintenance as directed by the engineer in charge. Firemen on motor vessels, when not required to tend fires at sea, may be required to do maintenance work on their watches, except for Saturday afternoons, Sundays, and holidays. Maintenance work on night watches will consist of general cleaning, but no painting or chipping will be done. SEC. 8. Firemen-watertender (combination): When carried, they shall perform the duties of firemen as defined in section 7 and tend water at sea on vessels fitted with watertube boilers on which two boilers are used for the main engine. If more than two boilers are used for main engine, watertenders shall be carried. In port when watches are broken, their duties shall be the same as those of firemen in port. SEC. 9. The storekeeper, when carried at sea or in port, shall supervise and assist the wipers in the maintenance and general work in engine department spaces, keep storerooms in order as directed by the engineer, and assist in repair work when required. SEC. 10. Wipers, at sea and in port, shall be required to do the general cleaning and upkeep in the engine department spaces and assist in repair work as directed by the engineer in charge. When cleaning fuel oil and domestic fresh water tanks, they shall receive the regular tank-cleaning rate. Wipers shall also keep the wipers' and firemen's toilet, washrooms, and quarters clean on ship's time. STEWARDS' DEPARTMENT WORKING RULES SECTION 1. The chief steward shall be recognized as the head of the stewards' department and shall direct the work of the personnel employed therein. The steward likewise may do any work in the preparation of meals or other work which he may deem necessary for the efficient operation of the department. SEC. 2. The hours of the stewards' department shall be eight (8) hours each day in a spread between 6:15 a. m. to 6:15 p. m., except for the utility man. No overtime shall be paid for the preparation and serving of regular meals and cleaning of quarters, galley, and messrooms within hours specified. SEC. 3. Normal manning scale of stewards' department shall be as follows: Manning scale stewards' department Number of crew, excluding stewards' department: 23 to 28, inclusive_____ 29 to 36, inclusive_ 6 7 (a) On vessels having a crew of 37 or more, exclusive of stewards' department, additional members of the stewards' department shall be added on the basis of one (1) additional man for five (5) or less of additional crew or passengers carried. (b) One employee of the stewards' department not engaged in the preparation and serving of food shall be rated as utility man. Hours of work shall be 8 hours in a spread between 5 a. m. and 5 p. m. His duties shall consist of lighting the galley fires, cleaning the toilets and bathrooms, except those of firemen and sailors, and performing general cleaning work under the supervision of the chief steward. SEC. 4. Members of the stewards' department shall not be required to prepare and serve other than the three regular meals and prepare regular night lunches for the watches. If, on the orders of the master or commanding officer, lunches are served in addition to the three regular meals already provided for, 1 hour's overtime shall be paid to each man actually engaged in the preparing and serving of such lunches, provided, however, that where meals are served to longshoremen and Panama Canal laborers on board any vessels, the sum of 30 cents for each person served shall be equally distributed to those actually engaged in this work, in lieu of overtime. SEC. 5. In port all work performed on Saturday afternoons, Sundays, and holidays shall be paid for at the regular overtime rate. If employees in the stewards' department are required to work Saturday afternoons in port, they shall receive not in excess of 4 hours' overtime pay unless the assignment requires work in addition to their regular duties specified in section 2. SEC. 6. In port all refuse compartments shall be located convenient to the galley. SEC. 7. No member of the stewards' department shall be required to serve coffee or meals in the engine room, nor shall they be required to enter the engine room at any time. Upon order of the master, they may be required to serve coffee or meals on the bridge. SEC. 8. When members of the stewards' department are required to stow stores away requiring more than 15 minutes they shall be paid overtime in addition to their regular wages at the overtime rate. Members of the stewards' department shall not be required to carry stores or linens from shore to vessel or from vessel to shore. SEC. 9. Members of the stewards' department shall not be required to do chipping, scraping, or painting. However, the utility man may be required to "touch up" paint when necessary. SEC. 10. For vessels running coastwise on arrival at discharge port, sufficient bread, if available, will be supplied for a 48-hour period. ARTICLE IX SEC. 1. Ratification of this agreement by the unlicensed personnel employed on the vessels of the company shall be conclusive that the agreement is binding on all such unlicensed personnel and is within the authorization of the constitution of the union. SEC. 2. In the event that any provision of this contract shall at any time be declared invalid by any court of competent jurisdiction, such decision shall not invalidate the entire agreement, it being the express intention of the parties hereto that all other provisions not so declared invalid, shall remain in full force and effect. In witness whereof the parties hereto have caused these presents to be executed by their duly authorized officers in the city of New York, State of New York, this 14th day of January 1938. [NOTARY] [NOTARY] NATIONAL MARITIME UNION OF AMERICA, By JOE CURKAN. ENGINE DIVISION, By MOE BYNE. STEWARDS' DIVISION, By GETHYN LYONS. By H. ESSELBORN, Manager, Operating Division, Standard Oil Co. of New Jersey. These companies are to be signatory to the agreement: Standard Oil Co. of New Jersey, Socony-Vacuum Oil Co., Gulf Oil Corporation, The Texas Co., Sinclair Refining Co., Cities Service Oil Co., Pennsylvana Oil Co. C. D. Mallory & Co., Pure Oil Co., Richfield Oil Co., Continental Oil Co., Kellogg Steamship Co., Tide Water Associated Oil Co. The CHAIRMAN. We have a statement and an affidavit from Mr. Robert C. Lee, president of the American Scantic Line, Inc., and it will be received for the record. (The document referred to is as follows:) AFFIDAVIT STATE OF NEW YORK County of New York, 88: I, Robert C. Lee, being vice president of the American Scantic Line, Inc., and vice president of the Moore & McCormack Co., Inc., operators of the various vessels mentioned hereafter in this affidavit, swear that the contents of this affidavit are, to the best of my information and belief, true. They are the result of my personal experience in some instances, but are generally reports received by me from operating officials and masters of vessels reporting to me in writing. The purpose of this affidavit is to make available to the United States Maritime Commission, and to the American Steamship Owners Association, our records, in accordance with their request, and to make available to the committees of Congress studying the situation, by presentation to the Honorable Royal S. Copeland and the Honorable Schuyler Otis Bland. During the last year we have encountered many difficulties in the operation of our American-flag vessels due to lack of discipline, insubordination, and drunkenness, and to the determined effort on the part of a few to make impossible the operation of an American merchant marine under private ownership. This condition has not been wholly confined to the unlicensed personnel, but to some degree has effected the licensed personnel and has been particularly bad among the radio operators. A large percentage of our men are conscientious, loyal, willing to obey the orders of their lawful superiors, and carrying out to the best of their ability, and with ability, their respective duties. A small percentage are young, inexperienced, untrained, unused to discipline, and easily influenced by the older men. A somewhat larger percentage are drifters, agitators, and drunkards. We have practically no opportunity to select men. There are a limited number available, particularly of seamen in the limited sense of that word, and the available replacements are becoming fewer daily. Despite the large unemployment and the fact that prior to last year's difliculties there was a continually growing nucleus of young American boys who were turning to the sea, an actual shortage now exists. This is due to the leaving of the sea by a large number of well-trained young men through fear or disgust, and the inability of the young men, anxious to go to sea, to get employment. This situation has been brought about wholly by the activities and conduct of the present maritime-labor organizations. Our seamen laws are lenient, and there are not many effective disciplinary actions that may be taken against the men. Generally, the only disciplinary action that should be permitted an employer is discharge of an unsatisfactory employee. It must be obvious, however, to the most uninformed that on board ship something besides this is necessary if the lives of those on board ship are not to be put in jeopardy upon the high seas. In the September 1937 issue of Fortune Magazine there is an article in which a number of seamen have related to the writer their outlook on life. Some of these men have been in our employ at times, and I would say that the story is not exaggerated. These men, however, are representative only of the small percentage of bad actors. I have selected from the files a number of specific instances that are illustrative of the difficulties encountered in operation since the strike of last winter. Before this strike we encountered only an occasional case of insubordination, although we had numerous cases of drunkenness. Today drunkenness is one of the main disturbing factors. In the first group of instances I have assembled cases where the crew have refused to sail unless some particular member of the ships' personnel was dismissed. New Orleans, May 6, 1937, steamship Southland: Deck crew of the vessel refused to sail the ship until the first assistant engineer had been dismissed. New Orleans, July 5, 1937, steamship Commercial Alabaman: Crew refused to sail the ship until a cook and messboy were discharged and replaced with men acceptable to the crew. New Orleans, July 8, 1937, steamship Southerner: Mates and assistant engineers went on a sit-down strike to compel acceptance by the company of an agreement with the Masters, Mates, and Pilots' Association and the employment of an additional mate and additional assistant engineer, and the establishment of an overtime rate of $1.50 per hour for officers. New Orleans, July 8, 1937, steamship Southland: Entering New Orleans, when 3 miles from the dock, the ship was anchored because of a sit-down strike. The crew let down a ladder and permitted two labor delegates to come on board. After 4 hours' conference the ship was permitted to proceed to her dock, where the radio operator was replaced by a radio operator satisfactory to the crew. Philadelphia, July 27, 1937: A delegation of the unlicensed personnel of the crew of the S. S. Scanmail notified the master of this vessel that they would not sail from the port of Philadelphia until the chief radio operator and second radio operator had been dismissed and replaced by operators acceptable to them. The ship was on foreign articles at the time. The S. S. Southerner, on coastwise articles was lying on the other side of the pier ready to shift to Camden. The crew of this vessel, in sympathy with the crew of the S. S. Scanmail, staged a sit-down strike and refused to shift the ship. New York, August 13, 1937: The crew of the S. S. Minnequa refused to sign on unless the radio operator was dismissed and a radio operator satisfactory to them was signed on. New York, August 17, 1937, S. S. Scanstates: The crew staged a sit-down strike demanding that the officers of the ship join a certain union. Three of the officers refused to join. Beside the sit-down strike, threats of violence were made by the labor delegate who also demanded that the labor delegates of other unions not be allowed aboard the ship. Under intimidation, and at the urgent request of the company, the officers finally acceded to the demands of the crew. Philadelphia, September 1, 1937, S. S. Cliffwood: Unlicensed personnel called a sit-down strike and compelled the dismissal of the radio operator. The following is an exact quotation: S. S. "SCANYORK," Port of Philadelphia, Pa. From: Captain H. P. Frank Attn. Mr. Furey, Marine Supt. Subj. Crews discipline. DECEMBER 9, 1937. On the morning of December 6 I was informed by Richard Camacho, a member of the stewards department, that at a meeting the previous night, the crew had decided to discharge him from the ship on account of not observing the union regulations in working over hours and performing duties in addition to his regular work. This man is now getting a five year longevity bonus from the Company and has been on my ship for about two years. He is entirely satisfactory to the ship and to the Company. |