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An interesting part of this study has to do with continuity of employment Almost without exception the replies indicate an excessive turn-over. Although practically all of the men regard their occupation as permanent, few stay long on one vessel. Thus many seamen report 8 and 10 years of service, of which perhaps not more than 4 months have been spent on one ship or even in one line. The replies also reveal that even during prosperous times the men spend an average of several weeks a year "on the beach," or unemployed.

The only way to ascertain working conditions, it was decided, was to give the men an opportunity to lay their grievances before the Commission. Accordingly, hearings were held at various ports on the three coasts, at which representatives of both labor and employers appeared to discuss conditions abord American vessels. The regional hearings were followed by a general hearing held in Washington. In all, 185 witnesses were heard.

In addition to holding hearings, members of the Commission went aboard more than 40 vessels in order to see for themselves the conditions under which our seamen were working. They found that in many cases the complaints of the men were justified. Quarters were found to be crowded, insanitary, and poorly ventilated. The result was a series of orders for the remodeling of crew quarters on subsidized vessels that should go a long way toward removing dissatisfaction with the living conditions aboard ship.

It must be recognized, of course, that it is exceedingly difficult and expensive to attempt to remodel old vessels to meet the needs of today. New vessels being designed by the Commission contain advanced accommodations, including a recreation room for the use of men on their watch below. Adequate messrooms also will be provided for all members of the crew, men will be berthed 3 and 4 to a room on cargo vessels and not more than 10 to a room on passenger ships. Improved heating and ventilating systems will be installed, decks and crew quarters will be covered with moisture-proof material, and bulkheads insulated. As a safety measure, the quarters will be placed aft of the collision bulkhead. These improvements will be incorporated in all new vessels and are being effected, so far as practicable, on existing vessels.

The Commission has also prescribed minimum-wage scales for subsidized ships and is preparing additional rules with regard to manning scales and working conditions. The Commission further has provided for vacations for both licensed and unlicensed personnel. In making its recommendations, the Commission has disclaimed any attempt to abridge the rights of employers and employees to establish higher wages, increased manning scales, and better working conditions by collective bargaining or otherwise. Spokesmen for the ship operators have agreed that minimum standards will not be regarded by them as maximum standards and that the employees' right of bargaining collectively will not be impaired by the Commission's action.

Despite the efforts made by the Commission to give American seamen on subsidized vessels superior working conditions and decent wages, there is little likelihood of an early solution of the serious labor situation with which we are confronted. Conditions in the American merchant marine are disgraceful. Order and discipline have in many cases disappeared. Passengers complain of insolent treatment. Vessels have been delayed by the frequent use of the "sit down" and "quickie." Such conditions must be remedied and remedied forthwith. With conditions remaining as they are today it is only a question of time before disgusted shippers and worried travelers turn to the vessels of our competitors. Shippers and travelers realize that disorderly vessels are likely to be unsafe vessels. Safety at sea is based upon order and discipline as much as, if not more than, the quality of equipment. "Personnel is to material," said the great Nelson, "as three is to one.' The man with a rifle makes the army; good forecastle hands make the ship. The sea is no place for divided authority. When a man puts foot on the deck of a ship he becomes part of a disciplined organism subject to the navigation laws of the United States. Seamen must recognize that the nature of their calling, which gives them a uniuqe status under the law, also imposes upon them obligations not common to shore occupations.

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It should be admitted in any discussion of the labor problem that the shipowners themselves are in no small measure responsible for the present unfortunate situation. During the war thousands of fine young Americans were brought from every section of the country to man the vessels acquired by the Shipping Board. They learned quickly, demonstrating that American seamer, given decent working conditions and proper encouragement, are the equal of any. Then came the era of liquidation, when the Government began to withdraw from shipping. Lines were one by one discontinued or turned over to private enterprises. Wages fell and working conditions grew steadily worse until, at the depth of the depression,

some American seamen were receiving as little as $25 a month, living under wretched conditions, eating unpalatable food, and working 12 hours or more a day.

The result of such conditions was bound to be disastrous. Many of our young men left the sea, never to return. Questionable elements filtered into the ranks of our seafarers. The men grew bitter and desperate. An explosion was bound to occur.

The shipping industry in now paying for its shortsightedness in repressing labor for so many years. Some of the operators who paid low wages during the depression were at the same time receiving substantial subsidies from the Government for the preservation of an American standard of living. By denying their employees the right to organize, shipowners created a condition favorable to un-American doctrine. For 11 years owners refused even to answer requests of their workers for collective agreements. When the seamen finally did organize and forced the owners to hear their demands, these demands were naturally distorted by the repressions of the preceding years.

Seamen and operator alike must not lose sight of the fact that shipping is primarily an international business. Losses incurred by domestic enterprise as

a result of labor difficulties may be made up later. The situation with respect to shipping is vastly different. The business which American lines are unable to handle is likely to go to our foreign competitors. Some of it may be recovered, but much of it will never come back.

The present situation is complicated by conflicts now raging among different unions. The Commission has remained strictly neutral in these conflicts; it has not and will not assist any section of maritime labor at the expense of the others. The Commission's interest is to see that all of our seamen get a square deal and that factionalism between labor unions does not disrupt the country's attempt to rehabilitate our merchant marine.

If our attempt to rebuild American shipping is to succeed, the labor situation must be greatly improved. Order and discipline aboard American vessels must be restored; men must learn to abide by their articles, and to obey their officers. Officers must be mindful of their responsibilities. On passenger vessels there must be a new concept of service.

The shocking conditions now prevalent aboard our vessels have led to a variety of proposals for the adjudication of labor disputes in the shipping industry. Among these proposals is the suggestion that there be set up in the industry an agency similar to the National Maritime Board in England. That board has been singularly successful in settling disputes of British shipping for over 20 years. Although it is essentially a private agency, composed of representatives of the owners and the men, it has Government support. There has not been a serious disturbance in the British merchant marine since the Maritime Board was established.

It is obvious that, were such a plan adopted, it would mark a long step forward in having the "conference table replace the picket line." Any such method would, of course, have the wholehearted support of the Commission. However, the burden of establishing such a board rests upon the shipowners and the unions. The lack of united labor organizations, and the lack of understanding that now exists between the owners and the men, make the early creation of such a board unlikely.

For this reason, the Commission has concluded that the establishment of a mediation board similar to that provided in the Railway Labor Act is desirable at this time. The Railway Mediation Board has been conspicuously successful in minimizing labor strife in that field. Under the act, when a labor controversy arises, either or both of the parties may invoke the service of the Mediation Board, or the Board may proffer its services. In the event that mediation fails to produce an agreement, the act provides a method of arbitration which is, however, not compulsory. If the Board is successful in neither mediation nor arbitration, both parties are free to act. However, if the action of either party threatens to deprive the Nation of an essential service, the Board notifies the President of the United States, who may appoint a special fact-finding board. That board is required to investigate the dispute promptly and report to the President within 30 days. During this period, and for 30 days thereafter, the parties are forbidden to alter the employer-employee relationship by strike, lockout, or other action except by mutual agreement.

The experience of the railroad industry reveals that the technique employedconferences and delay-is effective not only in eliminating the hasty acts which beget strikes but also in bringing about mutually satisfactory settlements.

In view of the pressing need for stable labor relations in the shipping industry, the Maritime Commission recommends the establishment by Congress of a mediation tribunal analogous to that now in use by the railroads, with such modifications as the different condition of the shipping industry may require. The purposes of this legislation should be:

1. To avoid interruption to water-borne commerce;

2. To provide for the prompt and orderly settlement of all disputes concerning rates of pay, rules, or working conditions; and

3. To provide for the prompt and orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions.

Because of the importance to the national economy of uninterrupted waterborne commerce and because of the intimate relationship of stevedoring to merchant shipping, it is recommended that the jurisdiction of the proposed Mediation Board apply not only to disputes between operators and vessel personnel but also to disputes between operators and longshoremen.

It has been contended that such a board, to be successful, (1) should have the active support of, in fact be requested by, both employers and employees; and (2) should not be created until it can be based upon the existence of collectivebargaining agreements. While recognizing the force of these objections, the Commission feels that the present siuation calls for immediate affirmative action. It is hoped that before the Mediation Board is established the collective bargaining which now exists to some extent may have become practically universal in the maritime industry, and that both the employers and employees in the industry, as was the case in the railroad industry, will give their unqualified support to the creation of such a board.

The Federal Government has vested the National Labor Relations Board with jurisdiction over questions of representation, collective bargaining, and the eumination of unfair labor practices. This makes unnecessary a grant of similar jurisdiction to the proposed tribunal.

The Commission wishes it to be clearly understood that it has no intention of interfering in any way with the orderly processes of collective bargaining; nor does the Commission have any desire to hinder the development of stable unionism in the industry. The Commission believes that the establishment of a mediation board would foster collective bargaining on a permanent basis and thereby serve the interests of employee, employer, and the general public.

Several bills providing for a mediation tribunal have already been introduced into Congress. They are similar in import and, generally speaking, in accordance with the views of the Commission.

A major factor in the present problem is the transient character of the seaman's employment. It does not require an extended argument to demonstrate that a business with the kaleidoscopic turnover characteristic of the shipping industry is bound to suffer from labor unrest.

It has long been the practice of the sea to sign workers on and off for each voyage. Whatever justification there may have been for this archaic system in the days of the sailing ship, when voyages were of much longer duration that at present, there seems to be no reason for its continuance. The task of maintaining orderly industrial relations in the maritime field will be considerably lightened even if a nucleus of the crew can be hired on a continuous basis. This arrangement need not involve additional expense to the operaters and should be welcomed by the unions. The substitution of continuous employment for the present system should help materially in reducing the heavy labor turnover. In furtherance of this plan there should be a revision of ship's articles. While these articles give the employer some measure of protection against desertions, and while they insure the men against dismissal in the course of the voyage, they amount to little, in the final analysis, beyond a periodic hiring and firing of the personnel. It is not surprising that the wokrer, under these conditions, should develop an indifferent attitude toward his job.

Continuous employment is the rule in most industries. It should be the rule for shipping.

The CHAIRMAN. I also ask that title X of the bill, which is the labor provision of the bill, beginning at page 33 of the bill, be printed in the record at this point.

(Title X of Senate bill 3078 is printed in the record, as follows:)

TITLE X

SEC. 1001. For the purposes of this title

(a) The term "maritime employer" means any person not included in the term 'carrier' in title I of the Railway Labor Act who (1) is engaged in the transportation by water of passengers or property between the United States or any of its districts, Territories, or possessions and a foreign country, or engaged in the transportation by water of passengers or property on the high seas or the Great Lakes from one State, Territory, district, or possession of the United States, to any other State, Territory, district, or possession of the United States; (2) is engaged in towboat, barge, or lighterage service in connection with the transportation by water of passengers or property as set forth in clause (1) hereof; (3) operates or manages or controls the operation or management of any wharf or pier or any dock or any water space for the accommodation of vessels engaged in the transportation by water of passengers or property as set forth in clause (1) hereof, (4) is engaged in the business of loading or unloading vessels engaged in the transportation by water of passengers or property as set forth in clause (1) hereof, or (5) operates any equipment or facilities directly connected with the services set forth in clauses (1), (2), (3), and (4) hereof. The United States Maritime Commission is hereby authorized and directed, upon request of the Mediation Board, to determine, after investigation, whether any employer is a maritime employer within the meaning of this subsection.

(b) The term "employee" means any person who performs any work as an employee or subordinate official of any maritime employer subject to its authority to supervise and direct the manner of rendition of service when the duties assigned to or services rendered by such employee directly or indirectly, in any manner, affect, relate to, or are concerned with the transportation by water of passengers or property as set forth in clause (1) of subsection (a) of this section, or the furnishing of equipment and facilities therefor or services thereto as set forth in clauses (2), (3), (4), and (5) of subsection (a) of this section; it being intended that this title should apply not only to those persons whose work may be exclusively in connection with the movement of passengers and property in the interstate and foreign commerce of the United States but also to those persons whose work may have such a close relation to the movement of such interstate and foreign commerce that the provisions of this title are essential and appropriate to secure the freedom of that commerce from interference and interruption. The provisions of this title shall not apply to the master or members of the crew of any vessel not documented, registered, licensed, or enrolled under the laws of the United States. The United States Maritime 'Commission is hereby authorized and directed, upon request of the Mediation Board, to determine, after investigation, whether any person is an employee within the meaning of this subsection.

(c) The term "Railway Labor Act" means the Railway Labor Act, approved May 20, 1926, as amended.

(d) The term "Mediation Board" means the National Mediation Board created by the Railway Labor Act.

Sec. 1002. All provisions of title I of the Railway Labor Act with the exception of the provisions of section 2, paragraphs fourth, fifth, and ninth; section 3; and section 10 are extended to and shall cover every maritime employer and every employee of such maritime employer as they are defined in section 1102 hereof, in the same manner and to the same extent as though such maritime employers and their employees were specifically included within the definition of "carrier" and "employee" in section 1 thereof.

SEC. 1003. If any dispute shall arise among the employees of a maritime employer as to who are the representatives of such employees designated and authorized to act for them for the purposes of this title, it shall be the duty of the National Labor Relations Board, upon request of any party to the dispute, or the maritime employer, promptly to determine, in the same manner as provided in the National Labor Relations Act for the selection of representatives for the purposes of collective bargaining, and to certify to the parties and to the maritime employer in writing, the name or names of the individuals or organizations that have been designated and authorized to represent the employees involved in the dispute. Upon receipt of such certification the maritime employer shall treat with the representatives so certified as the representatives of such employees. SEC. 1004. Disputes between a maritime employer or group of maritime employers and any of its or their employees growing out of grievances, or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, shalll be handled in compliance with the provisions of any agreement

relating to the settlement of such disputes or in the usual manner up to and including the chief operating officer of the maritime employer designated to handle such disputes; but, failing to reach an adjustment in either manner, the disputes may be referred by petition of the parties or by either party to an appropriate adjustment board, as hereinafter provided, with a full statement of the facts and supporting data bearing upon the disputes.

It shall be the duty of every maritime employer and of its employees, acting through their representatives, to establish a board of adjustment with jurisdiction not exceeding the jurisdiction which may be lawfully exercised by system, group, or regional boards of adjustment, under the authority of section 3, title I, of the Bailway Labor Act.

SEC. 1005. When, in the judgment of the Mediation Board, it shall be necessary to have a permanent national board of adjustment in order to provide for the prompt and orderly settlement of disputes between said maritime employers, or any of them, and its or their employees growing out of grievances, or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions, the Mediation Board is hereby empowered and directed to establish a National Maritime Adjustment Board. Such Board shall be composed of such number of persons as the Mediation Board may determine, and its members shall be selected in the manner and by the procedure prescribed by section 3 of title I of the Railway Labor Act for the selection and designation of members of the National Railroad Adjustment Board. The National Maritime Adjustment Board shall meet within forty days after the date of the order of the Mediation Board directing the selection and designation of its members and shall organize and adopt rules for conducting its proceedings, in the manner prescribed in section 3 of title I of the Railway Labor Act. Vacancies in membership or office shall be filled; members shall be appointed in case of failure of the maritime employers or of labor organizations of the employees to select and designate representatives; members of the National Maritime Adjustment Board shall be compensated; hearings shall be held; findings and awards made, stated, served, and enforced; and the number and compensation of any necessary awsistants shall be determined and the compensation of such employees shall be paid, all in the same manner and to the same extent as provided with reference to the National Railroad Adjustment Board by section 3 of title I of the Railway Labor Act. The powers and duties prescribed and established by the provisions of section 3 of title I of the said Act with reference to the National Railroad Adjustment Board and the several divisions thereof are hereby conferred upon and shall be exercised and performed. in like manner and to the same extent by the National Maritime Adjustment Board with respect to maritime employers and their employees. From and after the organization of the National Maritime Adjustment Board if any board of adjustment established by any maritime employer or maritime employers and any class or classes of its or their employees is not satisfactory to either party thereto, the said party, upon ninety days' notice to the other party, may elect to come under the jurisdiction of the National Maritime Adjustment Board.

SEC. 1006. If a dispute between a maritime employer or employers and its or their employees is not adjusted under the provisions of this title, and if in the judgment of the Mediation Board such failure to adjust the dispute shall threaten substantially to interrupt the flow of domestic and foreign water-borne commerce to the detriment of the public interest or to deprive any section of the country of an essential water-borne transportation service, the Mediation Board shall immediately notify the United States Maritime Commission of such failure to adjust the dispute. The Maritime Commission may thereupon, in its discretion, create a board to investigate and report respecting such dispute. Such board shall be composed of such number of persons as to the Maritime Commission may seem desirable: Provided, however, That no member appointed shall be pecuniarily or otherwise interested in any organization of employees or any maritime employer. The compensation of the members of any such board shall be fixed by the Maritime Commission. Such board shall be created separately in each instance and it shall investigate promptly the facts as to the dispute and make a report thereon to the Maritime Commission within thirty days from the Idate of its creation.

There is hereby authorized to be appropriated such sums as may be necessary for the expenses of such board, including the compensation and the necessary traveling expenses and expenses actually incurred for subsistence, of the members of the board. All expenditures of the board shall be allowed and paid by the Maritime Commission on the presentation of itemized vouchers therefor approved by the chairman of such board.

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