Media
Issue Date
1943-08-20
Volume
5
Issue Number
21
Plaintext
«•
SECURITY
IN
UNITY
1
^J^^ARERS JOQ
OFFICIAL CROAK OF THE ATLANTIC AND GULF DISTRICT,
SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA
VOL. V. .UT NEW YORK, N. Y.. FRIDAY. AUGUST 20. 1943 No. 21
Crew Gets $7,000 Overtime;
Our Working Rules Are Upheld
WYCKOFF'S SABOTAGE BACKFIRES; SOUTH
ATLANTIC UNE PAYS THROUGH THE NOSE
The South Atlantic Steamship Line must pay 18 SIU men 90 cents an hour overtime for over 7500 hours! This was the de
cision handed down this week by a U. S. Conciliation Service Referee, Bryce Holcombe, who had been appointed to settle the dis
pute between the union and the company over the breaking of watches on the S.S. Schoharie when she was waiting for a convoj^
but was not in port. This was an extremely important victory for the union, not only because of the money involved and because
it smashed the shipowner attempt to chisel our contract, but because it gave sharp answer to Mr. Hubert Wyckoff of the Wai^
Shipping Administration who sabotaged a security wztch^s^y, Atlantic Steamship Line '
agreement negotiated between the SIU and the operators.
Last May the union negotiated security watch agree
ments with the Mississippi, Waterman and South Atlantic
Lines—^such agreements designed to meet war time condi
tions which required security weu. this week he was instru-
watches for ship safety in
port. In order to conform
with the rules laid down in
the Security Watch Agree
ment, the Union agreed to
amend certain working rules
regulating breaking watches
in all ports. This agreement,
negotiated in collective bar
gaining between the union
apd the operators, was- set
aside in a high handed and
bureaucratic manner by Mr.
WyckoflF.
When Wyckoff pulled this fast
one the Union said, "OK, if that
Is the way you want it we'll slop
trying to reach any special agree
ments for war time and demand
enforcement of our collective
bargaining contracts as they
stand."
Because Mr. Wyckoff was a
smart guy. because he thought he
was successfully chiseling the
seamen, the South Atlantic Line
must now shell out close to $7,000
in overtime on one ship. And this
is only the beginningi
There are any number of skip
pers, not only on the South At
lantic Line ships, who thought
they had the Union over the bar
rel and they have been sticking
the men with overtime work
without paying for it. They are
going to be called to line—and
quick.
• Wyckoff no doubt sold his su
periors the idea that he was sav
ing the government thousands of
dollars by chiseling the seamen
out of their security watch agree
ment. But the result has been
just the reverse. The operating
costs are going to be much high
er now than they would have
been had the security watch
agreement been allowed to oper
ate,
Mr. Wyckoff, the labor rela
tions Director of the JWSA is the
shining example of a labor-hating
small-time bureaucrat who
counts no cost too great if it re-
suits in a blow at the Unions.
• V
mental in forcing the South At
lantic Steamship Company to pay
through the nose in order to in
dulge his anti-union bias. And
Hubert Wyckoff is also going to
be responsible for many thous
and dollars more that will be paid
indirectly by the government be
cause he sabotaged the security
watch agreement.
Mr.^ Bryce P. Holcombe, Com
missioner, U. S. Conciliation Ser
vice, was the referee in the dis
pute between the Union and the
South Atlantic Line. His analysis
and decision is so lucid and em
inently fair and impartial that
we herewith print it in its en
tirety (eliminating port names
and dates).
PRELIMINARY STATEMENT
A dispute having arisen be
tween the parties whose names
appear in the above caption, the
following agreement was entered
into;
New York, N. Y.,
July 9th, 1943.
Seafarers' International Union
2 Stone Street
New York, N. Y.
Savannah, Ga.
Gentlemen:
In joint conference July 9th,
1943, at New York, N. Y., your
undersigned representatives have
mutually agreed that pursuant to
Section 5 of the Labor Agree
ment which exists between the
above named Company and
Union, the Director of the U. S.
Conciliation Service shall appoint
a referee, whose decision shall be
final and binding for the settle
ment of the Union's wage claim
for twenty (20) or less of the
Company's employees, who serv
ed aboard the SS "SCHOHARIE"
—said twenty (20) seamen were
paid their regular wages March
12th, 1943.
The parties herein named have
agreed that they would separate
ly submit to the U.S. Conciliation
Service a written brief within
the next few days. The Service
shall render its decision based
upon the Labor Agreement and
the briefs submitted by the par
ties.
Bryce A. Holcombe.
Commissioner of U. S.
Conciliation Service.
(Holcombe's Report continues)
In accordance with the terms
of said agreement, the Director,
U. S. Conciliation Service, ap
pointed Bryce A. Holcombe, to
act as such arbitrator.
The Union states that the fol
lowing ratings are involved in
this proceeding: Able Seamen,
Ordinary Seamen, Oilers, Water-
tenders and Firemen.
THE ISSUE
Under date of January 9th,
1941, the Seafarers' International
Union of North America, herein
after referred to as the Union,
and the South Atlantic Steam
ship Line, hereinafter referred to
as the Company, entered into a
sole bargaining agreement. This
agreement is still in force.
Specifically, the claim of the
Union is that the members of the
crew of the SS SCHOHARIE
with the ratings heretofore set
forth are entitled to overtime
payment for work performed
outside of their regular watches
when the aforesaid vessel was
detained at. . . . awaiting convoy.
It bases its claim upon the
existing agreement, which has
heretofore been referred to, while
the Company contends that it
has abided by all the conditions
of said agreement that the claim
of the Union is unwarranted and
should be rejected.
It was agreed by the parties
that the matter would be sub
mitted upon brief.
Journal Of Commerce Gets A New
Maritime Editor—Same Scab Line
The Journal of Commerce has a new mari
time editor. Ordinarily this would be an event
of little interest to the seamen, but on this oc
casion it is something to note.
One of the requisites for getting a job as
maritime editor op the Journal of Commerce
is the ability to write about unions in such, a
manner that they appear as a bunch of gang
sters intent upon blackmailing the shipowner
out of his hjrd earned, pityfully small profits,
and in raping his wife and daughter when his
back is turned.
The Journal of Commerce has had two
types of maritime editors in the past. One type
is of the blood-and-guts school of journalism
and attacks the seamen and the unions with a
forthrightness that would do justice to Pegler.
The other type is the scholarly and objective
type which marshalls overwhelming evidence
to prove that while union men may mean well,
they aren't quite bright and for their own wel-
fa^-e the Shipowners must lead them around
with a ring in their nose.
The new Journal of Commerce maritime
editor, one Stanley Ferguson by name, appears
to be of the latter school. This week he wrote
a long editorial on the question of unemploy
ment benefit for seamen. He assured his read
ers that the shipowners have always been in
favor of such insurance for the men, and in
the present Congressional hearings on the sub
ject they are bucking such legislation only
because the unions are demanding that the
hiring hall be designated as the registration
headquarters for the men — such a demand
(Continued on Page 3) -
STATEMENTS OF FACTS
The claim for overtime pay is
asserted on behalf of eighteen
(18) members of the crew of the
SS SCHOHARIE; said voyage
being from the . . . to . . . and
... At. . . the vessel was detain
ed awaiting convoy. At these
places, • where the vessel was an
chored to await convoy, th^ Mas
ter broke watches and the crew
were required to work eight (8)
hours a day from 8 a.m. to 5 p.m.
CONTENTION OF THE UNION
The Union in support of its
position states that when a ship
is ready to leave port the watches
are set; that when these watches
are set they are, under the terms
of the agreement not to be bro
ken, that is, they are not to be
set aside either to suit the con
venience of the Master, until the
vessel arrives "in port".
The Union points out that there
are times when there may very
well be a temptation to break
watches; that such an instance
may occur where the ship arrives
near a port and for some reason
drops anchor; that under such
circumstances the crew might
desire that watches be broken
and the "in port" working rules
put into effect in order that they
might go ashore; that this might
conflict with the Master's plans,
and, of course, the men would
have no right to have watches
broken; that, conversely, in a
similar situation, the Master
might desire to break watches in
order to get more work done. The
Union contends, however, that
the Master under the terms of
the agreement would not be free
to break watches. This, the Union
alleges, is what the Master did in
the instant case.
The Union aserts that the Mas
ter, sensing that the enforced an-_
chorage might last for an indefin
ite period of time broke watches
in order to get more work out of
the men, working them between
the hours of 8 a.m. and 5 p.m.
instead of maintaining the watch
es as they had been set; that by
keeping watches he could not
have had the seamen, especially
on watch 3 do certain types of
work without the payment of
(Cotttinued on Page 4)
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' Page Two rK£:i^»£ AFAR EES LOG Friday, August 20, 1943 ^
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SEAFARERS LOG
Published by the
SEAFARERS' INTERNATIONAL UNIGIi
OF NORTH AMERICA
Atlantic and Gulf District
Affiliated with the American Federation of Labor
HARRY LUNDEBERG - - - - - - President
110 Market Street, San Francisco, Calif.
JOHN HAWK ------- Secy-Treas.
p. O. Box 25, Station P., New York Gty
MATTHEW DUSHANE - - - Washington Rep,
424 5th Street, N. W., Washington, D. C.
Directory of Branches
BRANCH ADDRESS PHONE
NEW YORK (4) 2 Stone St „ „
Deck & Engine Dispatcher. .BOwlingr Green 9-3430
Steward Dispatcher BOwling Green 9-6786
Agent BOwling Green 9-3437
BOSTON (10) ..330 Atlantic Ave Liberty 40S7
BALTIMORE (2) 14 North Gay St Calvert 4539
PHILADELPHIA « North 6th St Lombard 7651
NORFOLK 25 Commercial PI Norfolk 4-1083
NEW ORLEANS (16)... 309 Chartres St Canal 3336
SAVANNAH 218 East Bay St. Savannah 3-1728
TAMPA r..:.:.r........423 East Piatt St Tampa MM-1323
MOBILE 55 So. Conception St Dial 2-1392
PUERTO RICO 45 Ponce de Leon Puerto de TIerm
GALVESTON ;219 20th Street. Galveston 2-8043
FT. LAUDERDALE 2021 S. Federal Highway. .Ft. Lauderdale 1601
•w "w
PUBLICATION OFFICE;
ROOM 213, 2 STONE STREET
New York Gty BOwling Green 9-834d
Dushane On WLB
Maritime Panel
Matthew Dushane, Washington
Representative of the SIU=SUP,
has been appointed official AFL
member of the newly created
maritime panel of the National
War Labor Board. The Panel has
been created to study and make
recommendations to the WLB on
disputed cases and voluntary
wage adjustment cases involving
all personnel employed on all
ships.
Chairman of the Panel is Prof.
E. M. Morgan, acting dean of
Harvard Law School, and Burton
Oppenheim, deputy executive di
rector of the WLB will serve as
vice chairman.
Bjorne Hailing, Washington
Representative of the NMU will
serve as the CIO member on the
panel.
J. B. Bryan, president. Pacific
American Shipowners Associa
tion; San Francisco, Calif.; and
Edward J. Barber, president of
the Barber Steamship Lines, New
York City, wiU be the industry
representative on the panel.
The panel, which started ses
sions at its headquarters at the
WLB on Monday, will make
findings and recommendations to
be filed with the NWLB which
will make final determination of
all cases. Applications for volun
tary wage and salary adjustments
will be referred directly to the
panel by the regional War Labor
Boards.
The board's order. creating the'
commission stated that the panel
may sit as a three-man tri-partite
panel, provided its tri-partite
character is retained.
The following alternates were
also announced by the WLB to-
flay: Industry; Chester W. Wil-
letts, Great Lakes Towing Co
Cleveland; Captain O. Slack Bar-
i-ett, Barrett Lines, Cincinnati;
Biggs Organizes
Florida Fishermen
ST. PETERSBURG, Fla. —For
the first time in history, Florida
fishermen are organized under
the aegis of the American Feder
ation of Labor and are assured a
living wage for the present.
There are more than 450 com
mercial fishermen in the new lo
cal, which is a branch of the Sea
farers International Union of
North America. The organization
work was done by Matt Biggs of
New Orleans, international rep
resentative of the SIU.
The fishermen recently tied up
their boats and refused to leave
the docks until the price of
grouper had been raised. The
wholesale price had dropped from
8 to 6 cents a pound.
So, finding individual action as
useless as individual action al
ways is, the fishermen barkened
to the words of Biggs. Now most
of the boats are on the job and
the price of grouper has returned
to 8 cents. Like an oldtime Sun
day school book,,this story has a
—MORAL: ORGANIZEI"
Edward J. Neary, United Fruit
Co., New York City; Willard A.
Kiggins, A. H. Bull Steamship
Co., New York City; T. N. Cook,
Ocean Steamship Co., New York
City; Philip Iglchart, Grace
Lines, New York City; WiUiam
G. Mull ins, American Merchant
Marine Institute, New York City,
and Baired Tewksbury, Midland
Steamship Co., Cleveland.
Labor: ̂ Frederick M. Myers,
National Maritime Union (CIO);
Harry Martin, Masters, Mates,
and Pilots (AFL); J. H. Blake,
Marine Engineers' Beneficial As
sociation (CIO); Harry Morgan,
American Communications Asso
ciation (CIO); John Evans, In
land Boatman's Union of the Pa
cific (ClIO); John R. Owens, In
ternational Longshoremen's As
sociation (AFL), and Andrew Mc
Donald, Radio Officers' Union.
fR€POT?T OI\
-"^^ASHirVGTOIV
JBVMATTJIWJJUSHAM^
LEGISLATION: C o ntinuation
of the fight that was led by An
drew Furuseth for s e a m e n's
rights, and the action that was
taken at the conventions of the
American Federation of Labor.
1909
Re-endorsed biU abolishing in
voluntary servitude of American
Seamen in foreign ports and pro
hibiting under and unskilled
manning of American Vessels.
Nine thousand sailors, marine
firemen and cooks had been com
pelled to struggle against condi
tions sought to be imposed on
them by the vessels' owners on
the Great Lakes, who had declar
ed for the so-called "OPEN
SHOP" and almost immediately
had opened employment agencies
tlirough which aU seamen were
employed after renuciation of
membership in any union.
The ship owners in a large
number of instances made it a
condition of employment that the
men already employed, or seek
ing employment, must make af-
fadavit that they are not now,
nor will they be, affiliated with
any organization of labor while
earning their bread as seamen.
Still feeling that men might be
willing to make such illegal af
fidavits in order to continue in
employment at times when em
ployment in other vocations was
scarce and difficult to obtain, and
that, after all, they needed some
stronger and, in their opinion,
more enduring means of absolute
control over seamen, they sent
special representatives to Great
Britain with a view of investi
gating and, if suitable to their
purpose, employing a system
which had been used by the ship
owners of that cDuntry.
These representatives returned
and evidently reported that the
English Shipping Federation Lim
ited had been the means in that
country of depriving the seamen
of such hope and faith as, for a
long time, was sufficient to pre
vent any efficient organization
amongst them. At the same time
reducing the wages to such fig
ures that it has been found in
creasingly impossible to induce
white men to ship, and as- a re
sult, 65,000 Chinese and Lascars
arc now employed on British ves
sels. The Lake Carriers Associa
tion determined to adopt this
system and impose it upon all its
maritime employees.
The ihain features, of it are: A
certificate of membership' in the
Shipping Federation, Limited,
containing an agreement in writ
ing to serve under any terms and
conditions imposed by the ship
owners; a registration of name,
age, personal appearance, signa
ture, if any visible personal pe
culiarities, such as birthmarks,
scars or other still more effective
means of identification; an in
dustrial passport, the holder of
which is to be thus identified,
and a system of character mai-ks,
such as the master of a vessel
may choose to give, and upon
which future employment or non
employment is to depend. In
fact, it was decidedly more vi
cious than even the English sys
tem in that the Lake book was
to be subject to revocation by any
ships officer at any time for any
reason or no reason, such revo
cation being an absolute black
list and exile from the calling.
Not even the shipoAvner had the
power -to return or replace it.
19IQ
Condemned attempt to amend
New York pilotage law; Con
demned "WELFARE PLAN" of
the Steel Trust. Urged Congress
to make the seamen a free man,
give him the right to help him
self and improve the safety of
travel at sea.'^his petition des
cribing the status of seamen was
endorsed: To those who govern
nations, to those who make laws,
to humanitarians, democrats.
Christians and friends of human
freedom everywhere, do we, the
seamen, the yet remaining bond
men, humbly, yet earnestly sub
mit this< our petition that we may
be made free men and that the
blighting disgrace of bondage be
removed from our labor, which
once was considered honorable,
which is yet needed in the world
of commerce, and which has been
held to be of great importance to
nations with sea coasts to defend.
Existing Maritime Law, except in
the domestic trade of these U. S.,
makes of us the property of the
vessel on which we sail. We can
not work as seamen without sign
ing a contract which brings us'
under this law.
The contract is fixed by law or
authorized, by governments. We
have nothing to do with its terms.
We either sign it or we sign it
not and remain landsman. When
signing this contract we surren
der our working power to the
will of another man at all times
while the contract runs. We may
not leave the vessel, though she
is" in perfect safety. We may not
without the master's permission
go to a mother's sick bed or fu
neral, or attend to any other
duties of a son, a brother, a
christian or a citizen. If the own
er thinks he has reason to fe^
that we desire to escape, he may,
without judicial investigation,
cause us to be imprisoned for
safe keeping until he shall think
it proper to take us out. If we
have escaped, he may publish our
personal appearance along with
a reward for our apprehension
and return. He may through
contracts between nations cause
the peace officers and police to
aid him in recovering his prop
erty. Tbe paptain may change,
the owner-may change, we are
sold with the vessel, and so long
as the flag does not change there
is nothing except serious illness
or our masters pleasure that will
release us from the vessel. The
master, acting for the vessel, may
release himsejf and the vessel by
paying a few dollars, with no al
ternative.
He that owns another man's
labor power owns his body, since
the two cannot be seperated. We
stand in the relation to the vessel
as a serf did to the estate, as the
slave to the master. When serf
dom was abolished in Western
Europe, we were forgotten by the
liberators and our status remain
ed. When the slaves of the U.S^
and Brazil were emancipated our,
status continued. When serfdona
was abolished in Russia nd
change came to us. We now raise
our mancied hands in liumbls
supplication to restore, to us our
rights as brother men, to our lai-
bor that honor which laelonged to
it until your power, expressing
itself through your law, set upon
it the brand of bondage in the
interest of cheap transporation
by water.
We respectfully submit that
this serfdom of the men in our
calling is of comparatively mod
ern origin. Earlier maritime law
bound while in strange countries
and climes the seamen to his
shipmates and his ship, and the
ship to him, on the principle of
common hazard. In his own coun
try he was free—^the freest of
men. We further humbly submit
that, as the consciousness of the
seamen's status penetrates
through the population, it will be
impossible to get free men to
send their sons into bondage or'
to induce free men's sons to ac
cept it, and we, in all candor, re=
mind you that you, when yoii
travel by water, expect us—^the
serfs—to exhibit in danger the
highest qualities of free men, by
giving our lives for your safety.
At sea the law of common haz
ard remains; there must be dis
cipline and self-sacrifice, but in
any harbor where the vessel and
you are safe, we beseech you,
give to us that freedom which
you claim for yourself and which
you bestow upon others, to the
end that ̂ we may be relieved, of
that bitterness of soul that is the
heavy burden of him who knows
and feels that his body is not his
own. I
1911
Urged passage of bill freeing
seamen, and we hope and trust
that the importance to the na
tion, to the traveling public and
to seamen employed is now suf
ficiently well understood to stop
further opposition and to pass ai
just and to-long delayed measure.
1912
Seamen's bill passed the House.
It restores freedom to the sea
men; it provides a standard of
skill for seamanship. It is draft
ed with the design of equalizing
the operating expenses of foreign
vessels and American vessels. It
will tend to build up the Ameri
can Merchant Marine without
subsidies or subterfuge. It will
encourage the American to fol
low the sea as a profession. Tt
will provide in a much greater
measure improved conditions of
life on board ship for seamen. Its
safety provisions wiU, to a con
siderable extent, increase secur
ity of life and property at sea.
Above all and of vastly most im
portance, it will abolish the last
provisions in our statutory law
for compulsory labor within the
jurisdiction of the U. S. Seamen
will no longer be deprived of
their individual liberty, or be •
compelled to suffer hardships and
wrongs beyond what are natur
ally inherent in their dangerous,
hazardous "calling.
{Contimied on Page 3)
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V
Friday, August 20, 1843
'*5''fsSW/' j- •' • ;•'••
THE ilEAFARERS LOG Page Three 1
WHAT'S DOING
Around the Ports
BALTIMORE
We note in local publications
that some Congressmen and Sen
ators are going to introduce a bill
calling for the death penalty for
any one responsible for deliver
ing defective material to our
armed forces. We, of course, are
wholeheartedly in- accord with
this, but if such a bill becomes
the law of the land the first ones
to be prosecuted under it should
be the RMO. If ever defective
, material existedj we would like
to know what is more so than
those so-called trained men this
outfit sends aboard ships. After
spending somewhere in the
neighborhood of $2,000 to teach
these boys how to dance, and
sing old Glory, they are eventu
ally given berths on ships with
the instructions that if they don't
know what the score is, the old-
timers will teach them. Of course
*the oldtimers have no alternative,
for as a measure of protection
for them and the ship, they find
themselves obliged to do so. So
these boys' real training period
becomes effective when they ac
tually join a vessel. Ask some of
them where they learned sea
manship and invaribly they an
swer ABOARD THE SHIP THEY
SAILED ON. Hence we call this
ruthless spending of taxpayers'
money an oUt-and-out act of sa
botage, which, of course, nothing
shall be done about.
Another important gathering
at Washington by the biggies of
the WSA agreed with our con
tention that the Liberty ship was
a very obsolete type of carrier
and that it would be impractica
to use in post war competition
Also for other reasons, it was a
damnable contraption at best,
but decided for expediency's sake
to keep on building them any
how. Well, just so, long as these
fannie sitters don't have to sail
them and live on them. We will
have to take the consequence
SQ be it.
Captain O'Sullivan of the
crews' quarters committee gave
me his solemn promise he would
send me a communication which
would certify the ships Hospital
for the crews use until such
time as the so-called plan 10 was
put into effect on ships sailing
from this area. However, I have
not as yet received same. If he
daesn't do something about re
lieving the conjested situation qn
those Liberty ships he will be
obliged to allot more space for
the Hospital, as that is where
most of the crew may wind up.
Shipping for the time being
has approached normal, and ~wc
haven't shipped any from RMO,
but hang onto your life belts
anyhow.
JOSEPH FLANAGAN.
Agent
PHILADELPHIA
Well, here we go again, doing
business at the same old place as
usual. We have had two ships in
here in the last ten days, one was
a Robin Line ship and the other
a Waterman. They both signed
on a crew from the RMO an4
sailed with the WSA rider No. 64
attached to the articles. It seems
pretty much of a shame to see a
crew sail a ship when the orig
inal crew got off in protest be
cause of something that was de
trimental to them. However, the
men that sailed these two ships
were informed by the members
on the beach just what the score
was, but the ship stiU sallfB. A
couple of our members out of the
two crews that got off were not
in sympathy. One in particular
wanted to throw in his book as
he staled that there was a war
going on and he was pretty weU
fed up with this kind of Malarky.
Well, when you consider the
length of time that this man is in
the Union, and the. lack of knowl
edge as to the principles of
Unionism, wellj maybe you can
overlook his feelings, but my an
swer to this is, that if the men
on the beach will miss a few
drinks on Monday night and at
tend a meeting, possibly they will
be in a better position to under-
stand that the m.ajority and their
opinions are always superior to the
opinion of one individual and
that the majority must always
rule.
The writer is given to under
stand that the old shark chaser
Casey Jones is now gracing the
deck of one of the Palatial Bull
liners in the capacity of Chief
Steward. However, we do hope
that his experiences on the Car-
nabuUe of the Cuban Distillery
will not be repeated at this time
as we have very reliable infor
mation that Casey blinded 2
sharks that were after him. (We
wonder where he got the mud to
kick in their faces).
This RMO business is getting
rather serious these days. I call
ed them 12 times for AB's and
finally at the end of two weeks I
had to circle the skid road and
get enough AB's to sail the ship
myself. Of course, they sent me
some men, but they only worked
long enough to get the price of
a bottle. It is reported here that
they are recruiting rated men in
New York and giving them
standby pay and when they have
a ship in a port that they are go
ing to put the WSA rider No. 64
on and ship these rated men to
these ports and have them stand
ing by to take over when the
union crew refuse to sign on.
Well, I guess that I have bent
your ears long enough, but in
parting let me ask you this, when
you are on the beach come to
the halls on Monday night and
by doing this we will be able to
have meetings, ^d at the meet
ings you will be able to find out
just what the score is on matters
pertaining to you and your union.
HARRY COLLINS. Agent
Washington Report
GALVESTON
Well, the sweater boys of the
NMU have arrived in town. The
other day they were around pass
ing out the convention Pilot and
there sure was a bunch of paper
to pick up from the streets. They
have been trying to get a foot
hold in the city of Galveston ever
since 1937, but to date no dice.
And the gazoonies in their sweat
ers did not make an impression
on the natives what-so-ever. The
people of this town are wise to
the fakers. The town is getting
back into shape again after the
hurricane, and we are still doing
business at the same old hall.
Have a new ship out in a few
days for Waterman. Some time
ago we had in this port what was
called the Ladies Merchant Ma
rine Aux. They collected some
money and would go out to the
Marine Hospital and give some
of the boys a pack of smokes,
then the NMU and the USS came
into the picture. They promised
one woman the big job of run
ning the USS. She fell, hook,
line and sinker, nothing was too
good for the boys. She was
finally pushed aside, and out of
the picture of being the big shot
of the USS at a big salary of
which she was promised, the
Aux. broke up. They had some
dough in the bank, some of the
good ladies were in favor of
turning the dough over to the
NMU but to date, as far as I can
learn, there were some ladies
who knew all about the NMU
and -the money is still in the
bank.
It is rumored around that
{Continuei from Page 2)
1913
After many years of persistent
endeavor we seciued the passage
of the seamen's bill by Congress,
March 2, 1913—but were astound
ed to leam the President in the
closing hours of that body had
permitted the bill to die«by ap
plying what is known as the
"POCKET VETO" on the plea
that it would interfere with
"TREATY RIGHTS." The bill
was again passed by the Senate
and it is our firm conviction the
Dushare, Agent of the NMU, will
get the Secretary's job in the
USS when it opens. That is if it
does. We are waiting any day
now for them to start a drive for
old and discarded clothes for the
destitute seamen. With the
money we are making today, we
sure need old and discarded
clothes. I hear that the Kom-
rades believe in free love, I won
der if that is the inducement that
Curran is using to get the Ad
miral to put haybags on the ships,
in lieu of good working condi
tions. And the boys would be all
taken up with their love affairs,
they would not mind the cheek-
off system, that is being pushed
down their necks.
It is almost cotton picking
time here in the vaUeys and
plains of Texas. I understand
that Harry-the-Bridge organized
the sheep shearers of Calif. (How
about you Joe, getting the cot
ton pickers organized into the
fold of Mustache Joe?)
Well, time is wasting, as in
every paper that I pick up, "Hey
Rube, give up your horse, the
merchant marine needs seamen,
why follow the plow all day,
when you can get some of this
gravy, that some of the newspa
per columnist brag about." We
in the SIU are doing fine, mighty
fine, although we do not have
any fellow travelers in Washing
ton or any members in the right-
hand pocket of the C.P. We fight
for what we get, if you don't
think so—compare wages, work
ing conditions, yes, overtime
where there is- no security
watches.' We got 'em Joe, and
we did not get them under false
colors or deceive the men in the
SIU.
E. R. WALLACE. Agent
House will pass it without
amendment at an early date. Ira-
mediate passage by the House
and its approval by the President
urged. ,
1914
Insisted on passage of the sea
men's bill, and urged the imme
diate writing of letters to mem
bers of Congress by citizens of
their respective home districts.
Urged Congress to so change our
registration laws that any ves
sel rated in the highest class of
any responsible classification so
ciety may be registered as an
American vessel to sail in any
trade, provided that she be com
pelled to carry citizens of the
U. S. as licensed officers. Absence
of any standard of efficiency in
the men employed is the direct
causes of such man slaughter at
sea as occured in the wrecks of
the TITANIC, VOLTURNO,
MONROE, EMPRESS OF IRE
LAND and many others. We
therefore call on Congress to pass
the seamen's bill and for its im
mediate signing by the Presi
dent. The shipowners had op
posed the bill ostensibly on the
ground that it would be neces
sary to change .sixteen treaties if
it became law.
Journal Of Commerce Gets A New
Maritime Editor—Same Scab Line
being a request for "special favors". This is
being resisted by,the shipowners who "neither
asked special favors nor opposed a sound and
equitable plan."
He then attacks SIU Washington Repre
sentative Matthew Dushane for betraying la
bor by threatening to reject unemployment
compensation if this "special favor" was not
included in the plan.
All of Mr. Ferguson's high class journalism
deceives no one, least of all the seamen. We
know that the shipowners have always op
posed unemployment insurance for the men
because it means a few pennies out of their
swollen pockets. We know that any fair com
pensation will only be passed literally over
their fat protesting bodies.
And as for Dushane betraying the interests
of the men—Dushane said at the House Com
mittee hearings that the seamen wanted noth-
(Continued from Page 1)
ing (that's right, nothing) that would jeopar
dize their hiring halls. The hiring haUs are
the very foundation of union security in mari
time, and if they are to be undermined as the
price of unemployment insurance — then we
don't want that insurance!
For reasons of efficiency and job security
the union halls should be designated the regis
tration point for men applying for compensa
tion. This is not asking "special favors," it is
the minimum requirements of men determined
to maintain their gains and security.
The seamen deserve unemployment com
pensation — being one of the few groups of
workers in this country not now covered by
such insurance. But in obtaining it, they don't
intend to jeopardize the hiring hall they fought
so long to obtain.
Mr. Ferguson's concern for the rights of
the seamen is touching, but transparent.
Increased Medical
Aid Abroad Ships
Ships sailing under the control
of the War Shipping Administra
tion which do not have ship's
doctors aboard henceforth will be
stocked with a revised rm'nimiiTn
standard supply of drugs and
medical supplies prescribed by
the U. S. Public Health Service.
The revised edition of "Ship's
Medicine Chest and First Aid at
Sea," published by the Health
Service, lists 99 standard articles
and how to use them. The list
includes a wide variety of recog
nized medical supplies. Forty-
six of the prescribed items, such
as phenobarbital, sulfanilamide
and sulfathiazole, are listed as
"drugs", while the remainder,
such as adhesive plaster, ice bags,
hemostats and tongue depressors,
are under the "surgical and gen
eral supplies" category.
Although WSA operated ships
almost always travel in convoy,
which always affords doctors, the
Administration is now in the
midst of a training program
which will eventually provide
pharmacist's mates aboard all
merchant ships. In addition, all
officers are required to pass aa
extensive first aid course.
In its order to General Agents,
the WSA stated that the items it
listed as standard were consid
ered minimum for the protection
of the crew. Agents will be per
mitted to add additional items
which they consider advisable.
MONEY DUE
McLAUGHLIN: You have 8
hours overtime coming from the
Robin Line.
Any members of crews of fol
lowing vessels at time of attack,
should collect $125 attack bonus
from companies: Benjamin La-
trobe. Robin Gray. Panama City,
Richard Henry Lee, John Daven
port. Pan Gulf, Kofresi. John
Sevens. Francis Marion.
.. V.
http://www.pdfcompressor.org/buy.html
Page Four THE SEAFARERSLOG Friday. August 20. 1843
i: {'•
|il^-
ii'' I .
Crew Gets $7,000 Overtime
|l-1
•i i
{Continued from Page I)
overtime, inasmuch as the agree
ment provides that watches can
not be required to do certain
types of work, such as mainten
ance work, etc., except between
the hours of 8 a.m. and 5 p.m.
The Union asserts that to es
tablish a principle which would
permit the Master to deny over
time for work which members 0:
the crew performed outside o:
the hours which fell within their
v/atch, would be to destroy the
existing agreement, the ultimate
effect of which would be that the
seamen would feel that they need
not be bound by the terms of the
agreement siiice the Master felt
and acted as though not bound
by its terms; that under such cir
cumstances the seamen would
take the position that they were
at liberty to break watches any
time they desired and the whole
stability of the Maritime industry
would be set at naught.
The Union further insists that
when new situations arise which
may call for different treatraent,
such new situations can be met
only by mutual consent of the
parties—the Company and the
Union, and until changed by mu
tual consent, the existing agree
ment must be lived up to.
Referring specifically to the
agreement the Union in its brief
points out that Able Seamen and
Ordinary Seamen are governed
by Article No. 3, which is en
titled "Deck Department" "Base
Rate" and "Working Rules Deck
Department" and that Oilers,
Watertenders and Firemen are
governed by Article No. 4, en
titled "Engine Department
Wages."
It refers to various provisions
of the agreement which it con
tends supports its claim. Its first
reference is to Article No. 2, Gen
eral Rules, Section 12, page 3,
which defines "Port Time." This
Section reads as follows:
"Port Time. The words 'in
port' shall mean the time a
vessel is at its dock and proper-
, ly secured, or from the time
the anchor was dropped in any
safe port, during the trip for
the purpose of loading or un
loading cargo or awaiting a
, berth; until the raising of an
chor, or casting lines off dock."
It is the Union's , contention
that, this general rule is to be
read in conjunction with the
specific rules for the two depart
ments. These sections of the
agreement are as follows:
"Art. No. 3. Section 19. Break
ing Watches and Work in Port.
"(a) In all ports watches shall
be broken alongside the docks
immediately after ship is se
cured, except in those ports
where stay of vessel will not
exceed 24 hours, there watches
'may run consecutively. Any
work performed on watch be
low will be overtime. Any part
of a watch between midnight
and 8 a.m. shall constitute a
complete watch.
"(b) In port the hours of la
bor shall be between the hours
of 8 a.m. and 5 p.m. All work
-performed after 5 p.m. and be
fore 8 a.m. shall be overtime.
"Art. 4. Section 1. Setting
Watches.
"On day of arrival, watches
shall be broken when the ves
sel is secured at the cargo
berth. This is to mean wh6n
the finished with the engines
bell is rung."
"Art. 4= Section 3= Breaking
Watches. In aU ports when ves
sel is alongside of a' dock
watches shall be broken if the
schedule stay of vessel will ex
ceed twenty-four (24) hours,
When, scheduled stay of vesse!
will be less than twenty-four
(24) hours, watches shall be
maintained.
"When a ship is anchored or
tied up to a buoy for the pur
pose of loading or unloading
cargo, watches shall be set and
broken the same as if the ship
is alongside a dock."
The Union contends that the
above provisions conclusively re
quire that a ship in order to come
within the designation "in port"
must enter the port with the
definite purpose of loading or im-
loading cargo, or in lying along
side the dock; that at none of the
ports involved in this dispute was
the ship alongside dock, nor in
fact was there any loading or un
loading of cargo which is the
conclusive test as to the purpose
in entering port; that it is clear
that the ports in this case were
simply temporary and/or con
venient places of refuge which
were contr^olled by the expedi
ency of the situation; that the
mere fact that the stay in some
cases was protracted to as much
as two months or over only fur
ther emphasizes the fact that the
ports were not entered for the
purpose of loading or unloading
cargo.
The Union insists that the fore
going provisions of the agreement
preclude any contention on the
part of the Company that the
ship was "in port", and tljat such
provisions also describe the terms
which control after the ship is
"in port".
The Union further contends
that the terms which "control from
the time the ship originally sails
until its final destination is reach
ed er until it comes "in port"
within the meaning of the defin-
CHARLES RUSH
J. V. NOVITSHI
P. E. GUSSEL
E. BARCUMBE
S. M. BROMBEG
J. BRUNNELL
D. BALLOCH
ARTHUR L. MANNING
JOHN R. SHEFFIELD
ROBERT B. PEROICH
AXEL J. PEDERSON
JAMES A. MASTIN
NICHOLAS DIESSO
TOLLIVER H. WILLIAMS
FRANKLIN A. HOOKER
STANLEY J. COOPERSMITH
NOAH J. NIMS
ROBERT L. INDVIK
WILLIAM G. TANNER
ROBERT L. HARDMAN
HENRY J. WITT
ALFRED A. AMBOZAK
WILLIAM J. HARPE
ALVIN J. CHAPPELLO
JOHN GRECU
GENE H. WISNER
HOMER L. NANCE
PHILLIP TUMILTY
ition set forth in the agreement
are to be foimd in Section 20, Ar
ticle No. 3 of the agreement,
which reads as follows:
"Selling Walches. Sea watch
es shall be set not later then
noon on sailing day. When the
vessel sails before noOn watch
es shall be set when all lines
are on board and vessel is all
clear of dock.
"(a) When the watch below
i^ called out to wofk they shal!
be paid overtime for work per
formed during their watch be
low."
From all of which the Union
insists that since on the occasions
for which overtime pay is claim
ed, the vessel was not "in port"
within the meaning of that term
as defined in the agreement,
watches should not have been
broken, and the members of the
crew are entitled to overtime for
all time they were required to be
on duty outside of their regular
watches.
CONTENTIONS OF THE
COMPANY
The Company admits that at
all places where the vessel was
anchored to await convoys the
Master broke watches, and the
crew worked eight (8) hours a
day from 8 a.m. to 5 p.m.
The Company asserts that while
the vessel was not "in port" as
defined in Section 12, Article No.
3, of the agreement between the
Company and the Union, never
theless its position is fully cov
ered under Section 3, Article 2
of the agreement, the pertinent
part of which is as follows:
"Article No. 2. Section 3.
Members of all departments
shall perform the necessary and
customary duties of that de
partment. Each member of aU
departments shaU perform only
the recognized and customary
duties of his particular rating.
The hours of labor for aU mem
bers of the ship's crew not on
watch as required by law, or
their ratings, shaU be from 8
a.m. to 5 p.m.; any work out
side of these hours and on Sat
urday afternoons, Sundays and
Holidays shall be paid for at
the regular rate. • • • "
The Company further asserts
that in compliance with Section
3 of Article 2, overtime at regular
rates was paid to all seamen for
all work on Saturday afternoons,
Sundays and Holidays and all
time in excess of 8 hours per day.
The Company states that the
voyage ended and the crew was
paid off before a U. S. Shipping
Commission on at
which time no complaints was
registered; that subsequently the
Union claimed that watches
should not have been broken as
the vessel was not "in port" as
defined by Section 12 of Article
No. 2 of the agreement; that later
on representatives of the respec
tive parties met and negotiated a
Security Watch Agreement; that
at this meeting the Company
agreed to pay 975'hours overtime
to the Deck Department for the
time the vessel was anchored at
, inasmuch as it
was established that the Master
had restricted one-half of the
deck crew- to the vessel for se
curity purposes each night, and
in fulfiUment thereof the Com
pany has already paid aU avaU-
able seamen entitled to this over
time, and that in cases where the
men were required to work be
fore 8 a.m= they were compen=
sated at the overtime rate, and
that they also received overtime
pay for painting accommodations,
etc.
The Company further states
that the Security Watch Agree
ment was submitted to the War
Shipping Administration, but was
not approved; that subseauently
the Union contended that inas
much as its agreement on the
overtime claim was a concession
for having negotiated the Secm*-
ity Watch Agreement, such agree
ment on the overtime pay claim
was no longer binding.
The Company, asserts that the
existing agreement with the
Union is a peace time arrange
ment and that the circumstances
of this case were brought about
by war time conditions, inasmuch
as a vessel would not lie at an
chor in the various ports for any
lengthy period of time in com
mercial trade.
The Company further contends
that the vessel was neither "in
port" nor at sea and that the
existing agreement fails to define
working conditions under such a
situation, and that, therefore, the
general working rules should
apply.
The Company further makes
reference to the fact that by
breaking watches the Master
benefitted th^crew to the extent
that they worked only forty-four
hours per week, instead of fifty-
six (56) hours.
DECISION
In reaching his decision in this
matter the undersigned referee
has given careful study to the
jriefs of the parties outlining
their respective views with ref
erence to the proper interpreta
tion of the contracts in the light
of the facts presented.
On its face the agreement is
clear and precise in its terms. It
states as emphatically as the Eng-
ish language can make it when
watches "shall be set", when
watches "shall be broken", and
defines what the words "in port"
shall mean.
The only time the Master is
permitted, under the agreement,
to break watches is when the ves
sel is "in port", that is "at its
dock and properly secured", or
anchored "in any safe port" * • •
for the purpose of loading or dis
charging cargo or awaiting berth,
until the raising of anchor, or
casting lines off dock."
On none of the occasions when
he Master broke watches and
placed the men on port time, for
which the Union is claiming over
time, was the vessel "at its dock
and properly secured, or • * * in
any safe port, • * • for the pur
pose of loading or unloading car
go or awaiting berth * * *'" '
The Company argues that the
men benefitted by the breaking
of watches to the extent that
their hours of work were reduced
from 56 hours per week to 44
hours per week. It ik not assert
ed that the breaking of watches
was for the exclusive benefit of
the crew so that it must be as
sumed that whatever benefit ac
crued to them must have been
incidental to the real purpose.
Indeed, the Union asserts that
the breaking of watches was for
the purpose of getting "more
work put of the men="
The Company also stresses the
fact that the agreement was a
peace time arrangement, and that
the circumstances of this case
were brought about by war time
conditions. In the opinion of this
referee this of itself does not
authorize or warrant the Com
pany in failing to live up to the
terms of the agreement. The
agreement was reached as a re
sult of negotiations between the
Company and the Union, and
any change in its terms can be
made only by' mutual agreement
of the parties.
In its opinion in the case of the
Tennessee Coal, Iron and R. R.
Co. and the CIO Mine, MiU &
Smelter Workers Union, the Na
tional War Labor Board had the
following to say:
"It cannot be too strongly
emphasized that by insisting
upon the sanctity of contract in
labor relations the Board is
acting as the best friend bl
both labor and industry. Un
less parties to collective-bar
gaining can depend mutually
upon the terms of their written
agreements, there is little value
in the collective - bargaining
process. Labor relations which
will redound to the benefit of
employer, employee and the
country can best be promoted
by living up to contract obli
gations. A contract which may
be breached at will rests upon
a foundation of shifting sands."
The undersigned referee is of
the opinion and so decides'that
when the SS SCHOHARIE was
at anchor awaiting convoy at tie
various places heretofore men
tioned, she was not "in port'' as
defined in the agreement; that
the,Master was not authorized or
empowered to ireak watches and
that those members of the Deck
Department and the Engine De
partment represented by the
Union are entitled to be paid
overtime rates for the work
which they performed which was
outside of the hours which or
dinarily fell within their respec
tive watches.
BRYCE C. HOLCOMBE,
Referee
Done at New Orleans, La.
this 14th day of August, 1943.
JAMES TIPPETTS
Your wife is very worried and
wants to see you. She is sorry
for what happened. Flanagan
says it is OK.
Honor Roll
PHILADELPHIA •. $21.25
S. S. GRACE ABBOTT ... 12.00
A. B. BLALOCK 12.00
B. L. ROGERS 6.00
M. L. RILEY 6.00
J. FLANNERY 5.00
MICKEY QUINN 5.00
S. S. SAMUEL GRIFFIN.. 5.00
J. PIRES 4.00
Hi WESTFALL 3.00
V.SMITH............... 3.00
TOTAL $81.25
http://www.pdfcompressor.org/buy.html
SECURITY
IN
UNITY
1
^J^^ARERS JOQ
OFFICIAL CROAK OF THE ATLANTIC AND GULF DISTRICT,
SEAFARERS' INTERNATIONAL UNION OF NORTH AMERICA
VOL. V. .UT NEW YORK, N. Y.. FRIDAY. AUGUST 20. 1943 No. 21
Crew Gets $7,000 Overtime;
Our Working Rules Are Upheld
WYCKOFF'S SABOTAGE BACKFIRES; SOUTH
ATLANTIC UNE PAYS THROUGH THE NOSE
The South Atlantic Steamship Line must pay 18 SIU men 90 cents an hour overtime for over 7500 hours! This was the de
cision handed down this week by a U. S. Conciliation Service Referee, Bryce Holcombe, who had been appointed to settle the dis
pute between the union and the company over the breaking of watches on the S.S. Schoharie when she was waiting for a convoj^
but was not in port. This was an extremely important victory for the union, not only because of the money involved and because
it smashed the shipowner attempt to chisel our contract, but because it gave sharp answer to Mr. Hubert Wyckoff of the Wai^
Shipping Administration who sabotaged a security wztch^s^y, Atlantic Steamship Line '
agreement negotiated between the SIU and the operators.
Last May the union negotiated security watch agree
ments with the Mississippi, Waterman and South Atlantic
Lines—^such agreements designed to meet war time condi
tions which required security weu. this week he was instru-
watches for ship safety in
port. In order to conform
with the rules laid down in
the Security Watch Agree
ment, the Union agreed to
amend certain working rules
regulating breaking watches
in all ports. This agreement,
negotiated in collective bar
gaining between the union
apd the operators, was- set
aside in a high handed and
bureaucratic manner by Mr.
WyckoflF.
When Wyckoff pulled this fast
one the Union said, "OK, if that
Is the way you want it we'll slop
trying to reach any special agree
ments for war time and demand
enforcement of our collective
bargaining contracts as they
stand."
Because Mr. Wyckoff was a
smart guy. because he thought he
was successfully chiseling the
seamen, the South Atlantic Line
must now shell out close to $7,000
in overtime on one ship. And this
is only the beginningi
There are any number of skip
pers, not only on the South At
lantic Line ships, who thought
they had the Union over the bar
rel and they have been sticking
the men with overtime work
without paying for it. They are
going to be called to line—and
quick.
• Wyckoff no doubt sold his su
periors the idea that he was sav
ing the government thousands of
dollars by chiseling the seamen
out of their security watch agree
ment. But the result has been
just the reverse. The operating
costs are going to be much high
er now than they would have
been had the security watch
agreement been allowed to oper
ate,
Mr. Wyckoff, the labor rela
tions Director of the JWSA is the
shining example of a labor-hating
small-time bureaucrat who
counts no cost too great if it re-
suits in a blow at the Unions.
• V
mental in forcing the South At
lantic Steamship Company to pay
through the nose in order to in
dulge his anti-union bias. And
Hubert Wyckoff is also going to
be responsible for many thous
and dollars more that will be paid
indirectly by the government be
cause he sabotaged the security
watch agreement.
Mr.^ Bryce P. Holcombe, Com
missioner, U. S. Conciliation Ser
vice, was the referee in the dis
pute between the Union and the
South Atlantic Line. His analysis
and decision is so lucid and em
inently fair and impartial that
we herewith print it in its en
tirety (eliminating port names
and dates).
PRELIMINARY STATEMENT
A dispute having arisen be
tween the parties whose names
appear in the above caption, the
following agreement was entered
into;
New York, N. Y.,
July 9th, 1943.
Seafarers' International Union
2 Stone Street
New York, N. Y.
Savannah, Ga.
Gentlemen:
In joint conference July 9th,
1943, at New York, N. Y., your
undersigned representatives have
mutually agreed that pursuant to
Section 5 of the Labor Agree
ment which exists between the
above named Company and
Union, the Director of the U. S.
Conciliation Service shall appoint
a referee, whose decision shall be
final and binding for the settle
ment of the Union's wage claim
for twenty (20) or less of the
Company's employees, who serv
ed aboard the SS "SCHOHARIE"
—said twenty (20) seamen were
paid their regular wages March
12th, 1943.
The parties herein named have
agreed that they would separate
ly submit to the U.S. Conciliation
Service a written brief within
the next few days. The Service
shall render its decision based
upon the Labor Agreement and
the briefs submitted by the par
ties.
Bryce A. Holcombe.
Commissioner of U. S.
Conciliation Service.
(Holcombe's Report continues)
In accordance with the terms
of said agreement, the Director,
U. S. Conciliation Service, ap
pointed Bryce A. Holcombe, to
act as such arbitrator.
The Union states that the fol
lowing ratings are involved in
this proceeding: Able Seamen,
Ordinary Seamen, Oilers, Water-
tenders and Firemen.
THE ISSUE
Under date of January 9th,
1941, the Seafarers' International
Union of North America, herein
after referred to as the Union,
and the South Atlantic Steam
ship Line, hereinafter referred to
as the Company, entered into a
sole bargaining agreement. This
agreement is still in force.
Specifically, the claim of the
Union is that the members of the
crew of the SS SCHOHARIE
with the ratings heretofore set
forth are entitled to overtime
payment for work performed
outside of their regular watches
when the aforesaid vessel was
detained at. . . . awaiting convoy.
It bases its claim upon the
existing agreement, which has
heretofore been referred to, while
the Company contends that it
has abided by all the conditions
of said agreement that the claim
of the Union is unwarranted and
should be rejected.
It was agreed by the parties
that the matter would be sub
mitted upon brief.
Journal Of Commerce Gets A New
Maritime Editor—Same Scab Line
The Journal of Commerce has a new mari
time editor. Ordinarily this would be an event
of little interest to the seamen, but on this oc
casion it is something to note.
One of the requisites for getting a job as
maritime editor op the Journal of Commerce
is the ability to write about unions in such, a
manner that they appear as a bunch of gang
sters intent upon blackmailing the shipowner
out of his hjrd earned, pityfully small profits,
and in raping his wife and daughter when his
back is turned.
The Journal of Commerce has had two
types of maritime editors in the past. One type
is of the blood-and-guts school of journalism
and attacks the seamen and the unions with a
forthrightness that would do justice to Pegler.
The other type is the scholarly and objective
type which marshalls overwhelming evidence
to prove that while union men may mean well,
they aren't quite bright and for their own wel-
fa^-e the Shipowners must lead them around
with a ring in their nose.
The new Journal of Commerce maritime
editor, one Stanley Ferguson by name, appears
to be of the latter school. This week he wrote
a long editorial on the question of unemploy
ment benefit for seamen. He assured his read
ers that the shipowners have always been in
favor of such insurance for the men, and in
the present Congressional hearings on the sub
ject they are bucking such legislation only
because the unions are demanding that the
hiring hall be designated as the registration
headquarters for the men — such a demand
(Continued on Page 3) -
STATEMENTS OF FACTS
The claim for overtime pay is
asserted on behalf of eighteen
(18) members of the crew of the
SS SCHOHARIE; said voyage
being from the . . . to . . . and
... At. . . the vessel was detain
ed awaiting convoy. At these
places, • where the vessel was an
chored to await convoy, th^ Mas
ter broke watches and the crew
were required to work eight (8)
hours a day from 8 a.m. to 5 p.m.
CONTENTION OF THE UNION
The Union in support of its
position states that when a ship
is ready to leave port the watches
are set; that when these watches
are set they are, under the terms
of the agreement not to be bro
ken, that is, they are not to be
set aside either to suit the con
venience of the Master, until the
vessel arrives "in port".
The Union points out that there
are times when there may very
well be a temptation to break
watches; that such an instance
may occur where the ship arrives
near a port and for some reason
drops anchor; that under such
circumstances the crew might
desire that watches be broken
and the "in port" working rules
put into effect in order that they
might go ashore; that this might
conflict with the Master's plans,
and, of course, the men would
have no right to have watches
broken; that, conversely, in a
similar situation, the Master
might desire to break watches in
order to get more work done. The
Union contends, however, that
the Master under the terms of
the agreement would not be free
to break watches. This, the Union
alleges, is what the Master did in
the instant case.
The Union aserts that the Mas
ter, sensing that the enforced an-_
chorage might last for an indefin
ite period of time broke watches
in order to get more work out of
the men, working them between
the hours of 8 a.m. and 5 p.m.
instead of maintaining the watch
es as they had been set; that by
keeping watches he could not
have had the seamen, especially
on watch 3 do certain types of
work without the payment of
(Cotttinued on Page 4)
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' Page Two rK£:i^»£ AFAR EES LOG Friday, August 20, 1943 ^
111'I
15?.
i t:
•. ir •
ii'S'
111
SEAFARERS LOG
Published by the
SEAFARERS' INTERNATIONAL UNIGIi
OF NORTH AMERICA
Atlantic and Gulf District
Affiliated with the American Federation of Labor
HARRY LUNDEBERG - - - - - - President
110 Market Street, San Francisco, Calif.
JOHN HAWK ------- Secy-Treas.
p. O. Box 25, Station P., New York Gty
MATTHEW DUSHANE - - - Washington Rep,
424 5th Street, N. W., Washington, D. C.
Directory of Branches
BRANCH ADDRESS PHONE
NEW YORK (4) 2 Stone St „ „
Deck & Engine Dispatcher. .BOwlingr Green 9-3430
Steward Dispatcher BOwling Green 9-6786
Agent BOwling Green 9-3437
BOSTON (10) ..330 Atlantic Ave Liberty 40S7
BALTIMORE (2) 14 North Gay St Calvert 4539
PHILADELPHIA « North 6th St Lombard 7651
NORFOLK 25 Commercial PI Norfolk 4-1083
NEW ORLEANS (16)... 309 Chartres St Canal 3336
SAVANNAH 218 East Bay St. Savannah 3-1728
TAMPA r..:.:.r........423 East Piatt St Tampa MM-1323
MOBILE 55 So. Conception St Dial 2-1392
PUERTO RICO 45 Ponce de Leon Puerto de TIerm
GALVESTON ;219 20th Street. Galveston 2-8043
FT. LAUDERDALE 2021 S. Federal Highway. .Ft. Lauderdale 1601
•w "w
PUBLICATION OFFICE;
ROOM 213, 2 STONE STREET
New York Gty BOwling Green 9-834d
Dushane On WLB
Maritime Panel
Matthew Dushane, Washington
Representative of the SIU=SUP,
has been appointed official AFL
member of the newly created
maritime panel of the National
War Labor Board. The Panel has
been created to study and make
recommendations to the WLB on
disputed cases and voluntary
wage adjustment cases involving
all personnel employed on all
ships.
Chairman of the Panel is Prof.
E. M. Morgan, acting dean of
Harvard Law School, and Burton
Oppenheim, deputy executive di
rector of the WLB will serve as
vice chairman.
Bjorne Hailing, Washington
Representative of the NMU will
serve as the CIO member on the
panel.
J. B. Bryan, president. Pacific
American Shipowners Associa
tion; San Francisco, Calif.; and
Edward J. Barber, president of
the Barber Steamship Lines, New
York City, wiU be the industry
representative on the panel.
The panel, which started ses
sions at its headquarters at the
WLB on Monday, will make
findings and recommendations to
be filed with the NWLB which
will make final determination of
all cases. Applications for volun
tary wage and salary adjustments
will be referred directly to the
panel by the regional War Labor
Boards.
The board's order. creating the'
commission stated that the panel
may sit as a three-man tri-partite
panel, provided its tri-partite
character is retained.
The following alternates were
also announced by the WLB to-
flay: Industry; Chester W. Wil-
letts, Great Lakes Towing Co
Cleveland; Captain O. Slack Bar-
i-ett, Barrett Lines, Cincinnati;
Biggs Organizes
Florida Fishermen
ST. PETERSBURG, Fla. —For
the first time in history, Florida
fishermen are organized under
the aegis of the American Feder
ation of Labor and are assured a
living wage for the present.
There are more than 450 com
mercial fishermen in the new lo
cal, which is a branch of the Sea
farers International Union of
North America. The organization
work was done by Matt Biggs of
New Orleans, international rep
resentative of the SIU.
The fishermen recently tied up
their boats and refused to leave
the docks until the price of
grouper had been raised. The
wholesale price had dropped from
8 to 6 cents a pound.
So, finding individual action as
useless as individual action al
ways is, the fishermen barkened
to the words of Biggs. Now most
of the boats are on the job and
the price of grouper has returned
to 8 cents. Like an oldtime Sun
day school book,,this story has a
—MORAL: ORGANIZEI"
Edward J. Neary, United Fruit
Co., New York City; Willard A.
Kiggins, A. H. Bull Steamship
Co., New York City; T. N. Cook,
Ocean Steamship Co., New York
City; Philip Iglchart, Grace
Lines, New York City; WiUiam
G. Mull ins, American Merchant
Marine Institute, New York City,
and Baired Tewksbury, Midland
Steamship Co., Cleveland.
Labor: ̂ Frederick M. Myers,
National Maritime Union (CIO);
Harry Martin, Masters, Mates,
and Pilots (AFL); J. H. Blake,
Marine Engineers' Beneficial As
sociation (CIO); Harry Morgan,
American Communications Asso
ciation (CIO); John Evans, In
land Boatman's Union of the Pa
cific (ClIO); John R. Owens, In
ternational Longshoremen's As
sociation (AFL), and Andrew Mc
Donald, Radio Officers' Union.
fR€POT?T OI\
-"^^ASHirVGTOIV
JBVMATTJIWJJUSHAM^
LEGISLATION: C o ntinuation
of the fight that was led by An
drew Furuseth for s e a m e n's
rights, and the action that was
taken at the conventions of the
American Federation of Labor.
1909
Re-endorsed biU abolishing in
voluntary servitude of American
Seamen in foreign ports and pro
hibiting under and unskilled
manning of American Vessels.
Nine thousand sailors, marine
firemen and cooks had been com
pelled to struggle against condi
tions sought to be imposed on
them by the vessels' owners on
the Great Lakes, who had declar
ed for the so-called "OPEN
SHOP" and almost immediately
had opened employment agencies
tlirough which aU seamen were
employed after renuciation of
membership in any union.
The ship owners in a large
number of instances made it a
condition of employment that the
men already employed, or seek
ing employment, must make af-
fadavit that they are not now,
nor will they be, affiliated with
any organization of labor while
earning their bread as seamen.
Still feeling that men might be
willing to make such illegal af
fidavits in order to continue in
employment at times when em
ployment in other vocations was
scarce and difficult to obtain, and
that, after all, they needed some
stronger and, in their opinion,
more enduring means of absolute
control over seamen, they sent
special representatives to Great
Britain with a view of investi
gating and, if suitable to their
purpose, employing a system
which had been used by the ship
owners of that cDuntry.
These representatives returned
and evidently reported that the
English Shipping Federation Lim
ited had been the means in that
country of depriving the seamen
of such hope and faith as, for a
long time, was sufficient to pre
vent any efficient organization
amongst them. At the same time
reducing the wages to such fig
ures that it has been found in
creasingly impossible to induce
white men to ship, and as- a re
sult, 65,000 Chinese and Lascars
arc now employed on British ves
sels. The Lake Carriers Associa
tion determined to adopt this
system and impose it upon all its
maritime employees.
The ihain features, of it are: A
certificate of membership' in the
Shipping Federation, Limited,
containing an agreement in writ
ing to serve under any terms and
conditions imposed by the ship
owners; a registration of name,
age, personal appearance, signa
ture, if any visible personal pe
culiarities, such as birthmarks,
scars or other still more effective
means of identification; an in
dustrial passport, the holder of
which is to be thus identified,
and a system of character mai-ks,
such as the master of a vessel
may choose to give, and upon
which future employment or non
employment is to depend. In
fact, it was decidedly more vi
cious than even the English sys
tem in that the Lake book was
to be subject to revocation by any
ships officer at any time for any
reason or no reason, such revo
cation being an absolute black
list and exile from the calling.
Not even the shipoAvner had the
power -to return or replace it.
19IQ
Condemned attempt to amend
New York pilotage law; Con
demned "WELFARE PLAN" of
the Steel Trust. Urged Congress
to make the seamen a free man,
give him the right to help him
self and improve the safety of
travel at sea.'^his petition des
cribing the status of seamen was
endorsed: To those who govern
nations, to those who make laws,
to humanitarians, democrats.
Christians and friends of human
freedom everywhere, do we, the
seamen, the yet remaining bond
men, humbly, yet earnestly sub
mit this< our petition that we may
be made free men and that the
blighting disgrace of bondage be
removed from our labor, which
once was considered honorable,
which is yet needed in the world
of commerce, and which has been
held to be of great importance to
nations with sea coasts to defend.
Existing Maritime Law, except in
the domestic trade of these U. S.,
makes of us the property of the
vessel on which we sail. We can
not work as seamen without sign
ing a contract which brings us'
under this law.
The contract is fixed by law or
authorized, by governments. We
have nothing to do with its terms.
We either sign it or we sign it
not and remain landsman. When
signing this contract we surren
der our working power to the
will of another man at all times
while the contract runs. We may
not leave the vessel, though she
is" in perfect safety. We may not
without the master's permission
go to a mother's sick bed or fu
neral, or attend to any other
duties of a son, a brother, a
christian or a citizen. If the own
er thinks he has reason to fe^
that we desire to escape, he may,
without judicial investigation,
cause us to be imprisoned for
safe keeping until he shall think
it proper to take us out. If we
have escaped, he may publish our
personal appearance along with
a reward for our apprehension
and return. He may through
contracts between nations cause
the peace officers and police to
aid him in recovering his prop
erty. Tbe paptain may change,
the owner-may change, we are
sold with the vessel, and so long
as the flag does not change there
is nothing except serious illness
or our masters pleasure that will
release us from the vessel. The
master, acting for the vessel, may
release himsejf and the vessel by
paying a few dollars, with no al
ternative.
He that owns another man's
labor power owns his body, since
the two cannot be seperated. We
stand in the relation to the vessel
as a serf did to the estate, as the
slave to the master. When serf
dom was abolished in Western
Europe, we were forgotten by the
liberators and our status remain
ed. When the slaves of the U.S^
and Brazil were emancipated our,
status continued. When serfdona
was abolished in Russia nd
change came to us. We now raise
our mancied hands in liumbls
supplication to restore, to us our
rights as brother men, to our lai-
bor that honor which laelonged to
it until your power, expressing
itself through your law, set upon
it the brand of bondage in the
interest of cheap transporation
by water.
We respectfully submit that
this serfdom of the men in our
calling is of comparatively mod
ern origin. Earlier maritime law
bound while in strange countries
and climes the seamen to his
shipmates and his ship, and the
ship to him, on the principle of
common hazard. In his own coun
try he was free—^the freest of
men. We further humbly submit
that, as the consciousness of the
seamen's status penetrates
through the population, it will be
impossible to get free men to
send their sons into bondage or'
to induce free men's sons to ac
cept it, and we, in all candor, re=
mind you that you, when yoii
travel by water, expect us—^the
serfs—to exhibit in danger the
highest qualities of free men, by
giving our lives for your safety.
At sea the law of common haz
ard remains; there must be dis
cipline and self-sacrifice, but in
any harbor where the vessel and
you are safe, we beseech you,
give to us that freedom which
you claim for yourself and which
you bestow upon others, to the
end that ̂ we may be relieved, of
that bitterness of soul that is the
heavy burden of him who knows
and feels that his body is not his
own. I
1911
Urged passage of bill freeing
seamen, and we hope and trust
that the importance to the na
tion, to the traveling public and
to seamen employed is now suf
ficiently well understood to stop
further opposition and to pass ai
just and to-long delayed measure.
1912
Seamen's bill passed the House.
It restores freedom to the sea
men; it provides a standard of
skill for seamanship. It is draft
ed with the design of equalizing
the operating expenses of foreign
vessels and American vessels. It
will tend to build up the Ameri
can Merchant Marine without
subsidies or subterfuge. It will
encourage the American to fol
low the sea as a profession. Tt
will provide in a much greater
measure improved conditions of
life on board ship for seamen. Its
safety provisions wiU, to a con
siderable extent, increase secur
ity of life and property at sea.
Above all and of vastly most im
portance, it will abolish the last
provisions in our statutory law
for compulsory labor within the
jurisdiction of the U. S. Seamen
will no longer be deprived of
their individual liberty, or be •
compelled to suffer hardships and
wrongs beyond what are natur
ally inherent in their dangerous,
hazardous "calling.
{Contimied on Page 3)
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V
Friday, August 20, 1843
'*5''fsSW/' j- •' • ;•'••
THE ilEAFARERS LOG Page Three 1
WHAT'S DOING
Around the Ports
BALTIMORE
We note in local publications
that some Congressmen and Sen
ators are going to introduce a bill
calling for the death penalty for
any one responsible for deliver
ing defective material to our
armed forces. We, of course, are
wholeheartedly in- accord with
this, but if such a bill becomes
the law of the land the first ones
to be prosecuted under it should
be the RMO. If ever defective
, material existedj we would like
to know what is more so than
those so-called trained men this
outfit sends aboard ships. After
spending somewhere in the
neighborhood of $2,000 to teach
these boys how to dance, and
sing old Glory, they are eventu
ally given berths on ships with
the instructions that if they don't
know what the score is, the old-
timers will teach them. Of course
*the oldtimers have no alternative,
for as a measure of protection
for them and the ship, they find
themselves obliged to do so. So
these boys' real training period
becomes effective when they ac
tually join a vessel. Ask some of
them where they learned sea
manship and invaribly they an
swer ABOARD THE SHIP THEY
SAILED ON. Hence we call this
ruthless spending of taxpayers'
money an oUt-and-out act of sa
botage, which, of course, nothing
shall be done about.
Another important gathering
at Washington by the biggies of
the WSA agreed with our con
tention that the Liberty ship was
a very obsolete type of carrier
and that it would be impractica
to use in post war competition
Also for other reasons, it was a
damnable contraption at best,
but decided for expediency's sake
to keep on building them any
how. Well, just so, long as these
fannie sitters don't have to sail
them and live on them. We will
have to take the consequence
SQ be it.
Captain O'Sullivan of the
crews' quarters committee gave
me his solemn promise he would
send me a communication which
would certify the ships Hospital
for the crews use until such
time as the so-called plan 10 was
put into effect on ships sailing
from this area. However, I have
not as yet received same. If he
daesn't do something about re
lieving the conjested situation qn
those Liberty ships he will be
obliged to allot more space for
the Hospital, as that is where
most of the crew may wind up.
Shipping for the time being
has approached normal, and ~wc
haven't shipped any from RMO,
but hang onto your life belts
anyhow.
JOSEPH FLANAGAN.
Agent
PHILADELPHIA
Well, here we go again, doing
business at the same old place as
usual. We have had two ships in
here in the last ten days, one was
a Robin Line ship and the other
a Waterman. They both signed
on a crew from the RMO an4
sailed with the WSA rider No. 64
attached to the articles. It seems
pretty much of a shame to see a
crew sail a ship when the orig
inal crew got off in protest be
cause of something that was de
trimental to them. However, the
men that sailed these two ships
were informed by the members
on the beach just what the score
was, but the ship stiU sallfB. A
couple of our members out of the
two crews that got off were not
in sympathy. One in particular
wanted to throw in his book as
he staled that there was a war
going on and he was pretty weU
fed up with this kind of Malarky.
Well, when you consider the
length of time that this man is in
the Union, and the. lack of knowl
edge as to the principles of
Unionism, wellj maybe you can
overlook his feelings, but my an
swer to this is, that if the men
on the beach will miss a few
drinks on Monday night and at
tend a meeting, possibly they will
be in a better position to under-
stand that the m.ajority and their
opinions are always superior to the
opinion of one individual and
that the majority must always
rule.
The writer is given to under
stand that the old shark chaser
Casey Jones is now gracing the
deck of one of the Palatial Bull
liners in the capacity of Chief
Steward. However, we do hope
that his experiences on the Car-
nabuUe of the Cuban Distillery
will not be repeated at this time
as we have very reliable infor
mation that Casey blinded 2
sharks that were after him. (We
wonder where he got the mud to
kick in their faces).
This RMO business is getting
rather serious these days. I call
ed them 12 times for AB's and
finally at the end of two weeks I
had to circle the skid road and
get enough AB's to sail the ship
myself. Of course, they sent me
some men, but they only worked
long enough to get the price of
a bottle. It is reported here that
they are recruiting rated men in
New York and giving them
standby pay and when they have
a ship in a port that they are go
ing to put the WSA rider No. 64
on and ship these rated men to
these ports and have them stand
ing by to take over when the
union crew refuse to sign on.
Well, I guess that I have bent
your ears long enough, but in
parting let me ask you this, when
you are on the beach come to
the halls on Monday night and
by doing this we will be able to
have meetings, ^d at the meet
ings you will be able to find out
just what the score is on matters
pertaining to you and your union.
HARRY COLLINS. Agent
Washington Report
GALVESTON
Well, the sweater boys of the
NMU have arrived in town. The
other day they were around pass
ing out the convention Pilot and
there sure was a bunch of paper
to pick up from the streets. They
have been trying to get a foot
hold in the city of Galveston ever
since 1937, but to date no dice.
And the gazoonies in their sweat
ers did not make an impression
on the natives what-so-ever. The
people of this town are wise to
the fakers. The town is getting
back into shape again after the
hurricane, and we are still doing
business at the same old hall.
Have a new ship out in a few
days for Waterman. Some time
ago we had in this port what was
called the Ladies Merchant Ma
rine Aux. They collected some
money and would go out to the
Marine Hospital and give some
of the boys a pack of smokes,
then the NMU and the USS came
into the picture. They promised
one woman the big job of run
ning the USS. She fell, hook,
line and sinker, nothing was too
good for the boys. She was
finally pushed aside, and out of
the picture of being the big shot
of the USS at a big salary of
which she was promised, the
Aux. broke up. They had some
dough in the bank, some of the
good ladies were in favor of
turning the dough over to the
NMU but to date, as far as I can
learn, there were some ladies
who knew all about the NMU
and -the money is still in the
bank.
It is rumored around that
{Continuei from Page 2)
1913
After many years of persistent
endeavor we seciued the passage
of the seamen's bill by Congress,
March 2, 1913—but were astound
ed to leam the President in the
closing hours of that body had
permitted the bill to die«by ap
plying what is known as the
"POCKET VETO" on the plea
that it would interfere with
"TREATY RIGHTS." The bill
was again passed by the Senate
and it is our firm conviction the
Dushare, Agent of the NMU, will
get the Secretary's job in the
USS when it opens. That is if it
does. We are waiting any day
now for them to start a drive for
old and discarded clothes for the
destitute seamen. With the
money we are making today, we
sure need old and discarded
clothes. I hear that the Kom-
rades believe in free love, I won
der if that is the inducement that
Curran is using to get the Ad
miral to put haybags on the ships,
in lieu of good working condi
tions. And the boys would be all
taken up with their love affairs,
they would not mind the cheek-
off system, that is being pushed
down their necks.
It is almost cotton picking
time here in the vaUeys and
plains of Texas. I understand
that Harry-the-Bridge organized
the sheep shearers of Calif. (How
about you Joe, getting the cot
ton pickers organized into the
fold of Mustache Joe?)
Well, time is wasting, as in
every paper that I pick up, "Hey
Rube, give up your horse, the
merchant marine needs seamen,
why follow the plow all day,
when you can get some of this
gravy, that some of the newspa
per columnist brag about." We
in the SIU are doing fine, mighty
fine, although we do not have
any fellow travelers in Washing
ton or any members in the right-
hand pocket of the C.P. We fight
for what we get, if you don't
think so—compare wages, work
ing conditions, yes, overtime
where there is- no security
watches.' We got 'em Joe, and
we did not get them under false
colors or deceive the men in the
SIU.
E. R. WALLACE. Agent
House will pass it without
amendment at an early date. Ira-
mediate passage by the House
and its approval by the President
urged. ,
1914
Insisted on passage of the sea
men's bill, and urged the imme
diate writing of letters to mem
bers of Congress by citizens of
their respective home districts.
Urged Congress to so change our
registration laws that any ves
sel rated in the highest class of
any responsible classification so
ciety may be registered as an
American vessel to sail in any
trade, provided that she be com
pelled to carry citizens of the
U. S. as licensed officers. Absence
of any standard of efficiency in
the men employed is the direct
causes of such man slaughter at
sea as occured in the wrecks of
the TITANIC, VOLTURNO,
MONROE, EMPRESS OF IRE
LAND and many others. We
therefore call on Congress to pass
the seamen's bill and for its im
mediate signing by the Presi
dent. The shipowners had op
posed the bill ostensibly on the
ground that it would be neces
sary to change .sixteen treaties if
it became law.
Journal Of Commerce Gets A New
Maritime Editor—Same Scab Line
being a request for "special favors". This is
being resisted by,the shipowners who "neither
asked special favors nor opposed a sound and
equitable plan."
He then attacks SIU Washington Repre
sentative Matthew Dushane for betraying la
bor by threatening to reject unemployment
compensation if this "special favor" was not
included in the plan.
All of Mr. Ferguson's high class journalism
deceives no one, least of all the seamen. We
know that the shipowners have always op
posed unemployment insurance for the men
because it means a few pennies out of their
swollen pockets. We know that any fair com
pensation will only be passed literally over
their fat protesting bodies.
And as for Dushane betraying the interests
of the men—Dushane said at the House Com
mittee hearings that the seamen wanted noth-
(Continued from Page 1)
ing (that's right, nothing) that would jeopar
dize their hiring halls. The hiring haUs are
the very foundation of union security in mari
time, and if they are to be undermined as the
price of unemployment insurance — then we
don't want that insurance!
For reasons of efficiency and job security
the union halls should be designated the regis
tration point for men applying for compensa
tion. This is not asking "special favors," it is
the minimum requirements of men determined
to maintain their gains and security.
The seamen deserve unemployment com
pensation — being one of the few groups of
workers in this country not now covered by
such insurance. But in obtaining it, they don't
intend to jeopardize the hiring hall they fought
so long to obtain.
Mr. Ferguson's concern for the rights of
the seamen is touching, but transparent.
Increased Medical
Aid Abroad Ships
Ships sailing under the control
of the War Shipping Administra
tion which do not have ship's
doctors aboard henceforth will be
stocked with a revised rm'nimiiTn
standard supply of drugs and
medical supplies prescribed by
the U. S. Public Health Service.
The revised edition of "Ship's
Medicine Chest and First Aid at
Sea," published by the Health
Service, lists 99 standard articles
and how to use them. The list
includes a wide variety of recog
nized medical supplies. Forty-
six of the prescribed items, such
as phenobarbital, sulfanilamide
and sulfathiazole, are listed as
"drugs", while the remainder,
such as adhesive plaster, ice bags,
hemostats and tongue depressors,
are under the "surgical and gen
eral supplies" category.
Although WSA operated ships
almost always travel in convoy,
which always affords doctors, the
Administration is now in the
midst of a training program
which will eventually provide
pharmacist's mates aboard all
merchant ships. In addition, all
officers are required to pass aa
extensive first aid course.
In its order to General Agents,
the WSA stated that the items it
listed as standard were consid
ered minimum for the protection
of the crew. Agents will be per
mitted to add additional items
which they consider advisable.
MONEY DUE
McLAUGHLIN: You have 8
hours overtime coming from the
Robin Line.
Any members of crews of fol
lowing vessels at time of attack,
should collect $125 attack bonus
from companies: Benjamin La-
trobe. Robin Gray. Panama City,
Richard Henry Lee, John Daven
port. Pan Gulf, Kofresi. John
Sevens. Francis Marion.
.. V.
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Page Four THE SEAFARERSLOG Friday. August 20. 1843
i: {'•
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ii'' I .
Crew Gets $7,000 Overtime
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{Continued from Page I)
overtime, inasmuch as the agree
ment provides that watches can
not be required to do certain
types of work, such as mainten
ance work, etc., except between
the hours of 8 a.m. and 5 p.m.
The Union asserts that to es
tablish a principle which would
permit the Master to deny over
time for work which members 0:
the crew performed outside o:
the hours which fell within their
v/atch, would be to destroy the
existing agreement, the ultimate
effect of which would be that the
seamen would feel that they need
not be bound by the terms of the
agreement siiice the Master felt
and acted as though not bound
by its terms; that under such cir
cumstances the seamen would
take the position that they were
at liberty to break watches any
time they desired and the whole
stability of the Maritime industry
would be set at naught.
The Union further insists that
when new situations arise which
may call for different treatraent,
such new situations can be met
only by mutual consent of the
parties—the Company and the
Union, and until changed by mu
tual consent, the existing agree
ment must be lived up to.
Referring specifically to the
agreement the Union in its brief
points out that Able Seamen and
Ordinary Seamen are governed
by Article No. 3, which is en
titled "Deck Department" "Base
Rate" and "Working Rules Deck
Department" and that Oilers,
Watertenders and Firemen are
governed by Article No. 4, en
titled "Engine Department
Wages."
It refers to various provisions
of the agreement which it con
tends supports its claim. Its first
reference is to Article No. 2, Gen
eral Rules, Section 12, page 3,
which defines "Port Time." This
Section reads as follows:
"Port Time. The words 'in
port' shall mean the time a
vessel is at its dock and proper-
, ly secured, or from the time
the anchor was dropped in any
safe port, during the trip for
the purpose of loading or un
loading cargo or awaiting a
, berth; until the raising of an
chor, or casting lines off dock."
It is the Union's , contention
that, this general rule is to be
read in conjunction with the
specific rules for the two depart
ments. These sections of the
agreement are as follows:
"Art. No. 3. Section 19. Break
ing Watches and Work in Port.
"(a) In all ports watches shall
be broken alongside the docks
immediately after ship is se
cured, except in those ports
where stay of vessel will not
exceed 24 hours, there watches
'may run consecutively. Any
work performed on watch be
low will be overtime. Any part
of a watch between midnight
and 8 a.m. shall constitute a
complete watch.
"(b) In port the hours of la
bor shall be between the hours
of 8 a.m. and 5 p.m. All work
-performed after 5 p.m. and be
fore 8 a.m. shall be overtime.
"Art. 4. Section 1. Setting
Watches.
"On day of arrival, watches
shall be broken when the ves
sel is secured at the cargo
berth. This is to mean wh6n
the finished with the engines
bell is rung."
"Art. 4= Section 3= Breaking
Watches. In aU ports when ves
sel is alongside of a' dock
watches shall be broken if the
schedule stay of vessel will ex
ceed twenty-four (24) hours,
When, scheduled stay of vesse!
will be less than twenty-four
(24) hours, watches shall be
maintained.
"When a ship is anchored or
tied up to a buoy for the pur
pose of loading or unloading
cargo, watches shall be set and
broken the same as if the ship
is alongside a dock."
The Union contends that the
above provisions conclusively re
quire that a ship in order to come
within the designation "in port"
must enter the port with the
definite purpose of loading or im-
loading cargo, or in lying along
side the dock; that at none of the
ports involved in this dispute was
the ship alongside dock, nor in
fact was there any loading or un
loading of cargo which is the
conclusive test as to the purpose
in entering port; that it is clear
that the ports in this case were
simply temporary and/or con
venient places of refuge which
were contr^olled by the expedi
ency of the situation; that the
mere fact that the stay in some
cases was protracted to as much
as two months or over only fur
ther emphasizes the fact that the
ports were not entered for the
purpose of loading or unloading
cargo.
The Union insists that the fore
going provisions of the agreement
preclude any contention on the
part of the Company that the
ship was "in port", and tljat such
provisions also describe the terms
which control after the ship is
"in port".
The Union further contends
that the terms which "control from
the time the ship originally sails
until its final destination is reach
ed er until it comes "in port"
within the meaning of the defin-
CHARLES RUSH
J. V. NOVITSHI
P. E. GUSSEL
E. BARCUMBE
S. M. BROMBEG
J. BRUNNELL
D. BALLOCH
ARTHUR L. MANNING
JOHN R. SHEFFIELD
ROBERT B. PEROICH
AXEL J. PEDERSON
JAMES A. MASTIN
NICHOLAS DIESSO
TOLLIVER H. WILLIAMS
FRANKLIN A. HOOKER
STANLEY J. COOPERSMITH
NOAH J. NIMS
ROBERT L. INDVIK
WILLIAM G. TANNER
ROBERT L. HARDMAN
HENRY J. WITT
ALFRED A. AMBOZAK
WILLIAM J. HARPE
ALVIN J. CHAPPELLO
JOHN GRECU
GENE H. WISNER
HOMER L. NANCE
PHILLIP TUMILTY
ition set forth in the agreement
are to be foimd in Section 20, Ar
ticle No. 3 of the agreement,
which reads as follows:
"Selling Walches. Sea watch
es shall be set not later then
noon on sailing day. When the
vessel sails before noOn watch
es shall be set when all lines
are on board and vessel is all
clear of dock.
"(a) When the watch below
i^ called out to wofk they shal!
be paid overtime for work per
formed during their watch be
low."
From all of which the Union
insists that since on the occasions
for which overtime pay is claim
ed, the vessel was not "in port"
within the meaning of that term
as defined in the agreement,
watches should not have been
broken, and the members of the
crew are entitled to overtime for
all time they were required to be
on duty outside of their regular
watches.
CONTENTIONS OF THE
COMPANY
The Company admits that at
all places where the vessel was
anchored to await convoys the
Master broke watches, and the
crew worked eight (8) hours a
day from 8 a.m. to 5 p.m.
The Company asserts that while
the vessel was not "in port" as
defined in Section 12, Article No.
3, of the agreement between the
Company and the Union, never
theless its position is fully cov
ered under Section 3, Article 2
of the agreement, the pertinent
part of which is as follows:
"Article No. 2. Section 3.
Members of all departments
shall perform the necessary and
customary duties of that de
partment. Each member of aU
departments shaU perform only
the recognized and customary
duties of his particular rating.
The hours of labor for aU mem
bers of the ship's crew not on
watch as required by law, or
their ratings, shaU be from 8
a.m. to 5 p.m.; any work out
side of these hours and on Sat
urday afternoons, Sundays and
Holidays shall be paid for at
the regular rate. • • • "
The Company further asserts
that in compliance with Section
3 of Article 2, overtime at regular
rates was paid to all seamen for
all work on Saturday afternoons,
Sundays and Holidays and all
time in excess of 8 hours per day.
The Company states that the
voyage ended and the crew was
paid off before a U. S. Shipping
Commission on at
which time no complaints was
registered; that subsequently the
Union claimed that watches
should not have been broken as
the vessel was not "in port" as
defined by Section 12 of Article
No. 2 of the agreement; that later
on representatives of the respec
tive parties met and negotiated a
Security Watch Agreement; that
at this meeting the Company
agreed to pay 975'hours overtime
to the Deck Department for the
time the vessel was anchored at
, inasmuch as it
was established that the Master
had restricted one-half of the
deck crew- to the vessel for se
curity purposes each night, and
in fulfiUment thereof the Com
pany has already paid aU avaU-
able seamen entitled to this over
time, and that in cases where the
men were required to work be
fore 8 a.m= they were compen=
sated at the overtime rate, and
that they also received overtime
pay for painting accommodations,
etc.
The Company further states
that the Security Watch Agree
ment was submitted to the War
Shipping Administration, but was
not approved; that subseauently
the Union contended that inas
much as its agreement on the
overtime claim was a concession
for having negotiated the Secm*-
ity Watch Agreement, such agree
ment on the overtime pay claim
was no longer binding.
The Company, asserts that the
existing agreement with the
Union is a peace time arrange
ment and that the circumstances
of this case were brought about
by war time conditions, inasmuch
as a vessel would not lie at an
chor in the various ports for any
lengthy period of time in com
mercial trade.
The Company further contends
that the vessel was neither "in
port" nor at sea and that the
existing agreement fails to define
working conditions under such a
situation, and that, therefore, the
general working rules should
apply.
The Company further makes
reference to the fact that by
breaking watches the Master
benefitted th^crew to the extent
that they worked only forty-four
hours per week, instead of fifty-
six (56) hours.
DECISION
In reaching his decision in this
matter the undersigned referee
has given careful study to the
jriefs of the parties outlining
their respective views with ref
erence to the proper interpreta
tion of the contracts in the light
of the facts presented.
On its face the agreement is
clear and precise in its terms. It
states as emphatically as the Eng-
ish language can make it when
watches "shall be set", when
watches "shall be broken", and
defines what the words "in port"
shall mean.
The only time the Master is
permitted, under the agreement,
to break watches is when the ves
sel is "in port", that is "at its
dock and properly secured", or
anchored "in any safe port" * • •
for the purpose of loading or dis
charging cargo or awaiting berth,
until the raising of anchor, or
casting lines off dock."
On none of the occasions when
he Master broke watches and
placed the men on port time, for
which the Union is claiming over
time, was the vessel "at its dock
and properly secured, or • * * in
any safe port, • * • for the pur
pose of loading or unloading car
go or awaiting berth * * *'" '
The Company argues that the
men benefitted by the breaking
of watches to the extent that
their hours of work were reduced
from 56 hours per week to 44
hours per week. It ik not assert
ed that the breaking of watches
was for the exclusive benefit of
the crew so that it must be as
sumed that whatever benefit ac
crued to them must have been
incidental to the real purpose.
Indeed, the Union asserts that
the breaking of watches was for
the purpose of getting "more
work put of the men="
The Company also stresses the
fact that the agreement was a
peace time arrangement, and that
the circumstances of this case
were brought about by war time
conditions. In the opinion of this
referee this of itself does not
authorize or warrant the Com
pany in failing to live up to the
terms of the agreement. The
agreement was reached as a re
sult of negotiations between the
Company and the Union, and
any change in its terms can be
made only by' mutual agreement
of the parties.
In its opinion in the case of the
Tennessee Coal, Iron and R. R.
Co. and the CIO Mine, MiU &
Smelter Workers Union, the Na
tional War Labor Board had the
following to say:
"It cannot be too strongly
emphasized that by insisting
upon the sanctity of contract in
labor relations the Board is
acting as the best friend bl
both labor and industry. Un
less parties to collective-bar
gaining can depend mutually
upon the terms of their written
agreements, there is little value
in the collective - bargaining
process. Labor relations which
will redound to the benefit of
employer, employee and the
country can best be promoted
by living up to contract obli
gations. A contract which may
be breached at will rests upon
a foundation of shifting sands."
The undersigned referee is of
the opinion and so decides'that
when the SS SCHOHARIE was
at anchor awaiting convoy at tie
various places heretofore men
tioned, she was not "in port'' as
defined in the agreement; that
the,Master was not authorized or
empowered to ireak watches and
that those members of the Deck
Department and the Engine De
partment represented by the
Union are entitled to be paid
overtime rates for the work
which they performed which was
outside of the hours which or
dinarily fell within their respec
tive watches.
BRYCE C. HOLCOMBE,
Referee
Done at New Orleans, La.
this 14th day of August, 1943.
JAMES TIPPETTS
Your wife is very worried and
wants to see you. She is sorry
for what happened. Flanagan
says it is OK.
Honor Roll
PHILADELPHIA •. $21.25
S. S. GRACE ABBOTT ... 12.00
A. B. BLALOCK 12.00
B. L. ROGERS 6.00
M. L. RILEY 6.00
J. FLANNERY 5.00
MICKEY QUINN 5.00
S. S. SAMUEL GRIFFIN.. 5.00
J. PIRES 4.00
Hi WESTFALL 3.00
V.SMITH............... 3.00
TOTAL $81.25
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