and Sweden, to go beyond existing conditions, which made it impossible to establish a convention which would "improve the social and economic condition of the seafaring men of the world". However, our active participation in the deliberations of this committee and in the deliberation of the subcommittee of nine helped to establish terms higher than those which might otherwise have been established.

Our greatest contribution at the Conference so far as the Wages, Hours, and Manning Committee was concerned, was in the active role and leadership given by our delegation in the fight for better standards for seafarers. Although we lost the eight-hour day for near-trade shipping in the final days of the committee's work, we did obtain more than a two-thirds vote before the full committee in its early deliberations, and as a result, the eight-hour day became a symbol for the Wages, Hours, and Manning Committee.

Terms of the Convention

The convention provides for a 64-dollar or 16-pound minimum basic wage per month for able-bodied seamen (article 5) and overtime at not less than time and one fourth the basic rate for work in excess of the normal hours of work (article 17).

A relaxation of the minimum rate is permitted on ships employing "such groups of ratings" as require the employment of a greater number of seamen. The definition is drawn to include the Indian and Chinese seamen employed on United Kingdom and Norwegian ships. The rate for such groups is an "adjusted equivalent" of the general minimum fixed in accordance with the principle of equal pay for equal work with due allowance for the extra number of seamen employed and any other cost resulting from their employment (article 6). The adjusted rate is to be set by collective agreements or, failing such agreements, by the competent authority, subject to both countries' having ratified the convention.

The normal hours of work for the deck, engine, and radio departments of near-trade ships (as defined in the convention to include ships traveling exclusively to ports of neighboring countries within geographic limits defined by national law or collective agreements) are 24 hours in any 2 consecutive days at sea, 8 hours a day in port and 2 hours on the weekly day of rest; for the deck, engine, and radio departments in distant-trade ships 8 hours a day, except 2 hours on the day of rest.

In the catering department of a passenger ship, when the vessel is at sea, and on days of sailing and arrival, 10 hours in 14; when in port and passengers are on board 10 hours in 14 hours, in other cases 8 hours

a day, 5 hours on the day preceding the weekly day of rest, and 2 hours on the day of rest except for employees engaged in messing duties (5 hours). In the catering department on nonpassenger ships, 9 in 13 hours at sea; 8 in 12 in port, 6 preceding the weekly day of rest, 5 on the day of rest.

Provision is made also for "compensation by time off in port or otherwise" by collective agreement after 112 hours in 2 weeks for all catering departments as well as deck and engine in near-trade ships and after 48 hours a week in distant trade. The convention excludes six specified types of work including watch and musters, etc., from the determination of hours of work. (Article 18)

Persons under 16 years are prohibited from working at night. (Article 19)

The manning provisions are very general, providing that manning be sufficient to insure safety to life and to avoid hardships and excess overtime. (Article 20)

The convention provides that its terms may be given effect by collective-bargaining agreements as well as by national law. (Article

21)

The convention is to come into effect when ratified by nine of the maritime members named in the convention, which must possess in the aggregate not less than 15 million tons of shipping and 5 of which members must have a million tons each. (Article 26)

Discussion

INTERNATIONAL MINIMUM WAGE

The establishment of an international minimum wage for seafarers was the outstanding accomplishment of the Conference. In the committee there was general discussion on the problems involved in the establishment of a minimum wage, and almost every country set forth its position before the full committee. A number of countries wanted the minimum wages adjusted to the internal cost of living. Others wanted adjustments made on the basis of their postwar economy. Still others felt that the minimum wage should be adjusted to reflect better working conditions, particularly social security and other benefits. Some felt that the minimum wage for seafarers should not be such as to create inequities for shore and other industrial workers. This was particularly true in countries where the industrialwage scale is comparatively low. Our position was that as high a minimum as possible should be established. The worker group submitted an amendment for an 18-pound minimum but prior to the

vote withdrew its amendment and indicated that it would support a 16-pound or 64-dollar minimum. This minimum was substantially below one that the U.S. delegation would support.

Article 8 provides for the method to be used in determining the equivalent in other currency of the minimum basic pay or wages provided for in article 5. Our position was not only for the use of the American dollar but also for the use of the machinery of the International Monetary Fund, the par value to be the official rate of exchange "in terms of gold or of the dollar of the United States of America of the weight and fineness in effect on July 1, 1944", currently in effect for international payments and transfers. Our delegation took a strong position on the inclusion of the United States dollar in article 5, although we were agreeable to the use also of the British pound. The article provides that the details of posting the equivalents be left to the International Labor Office to be worked out in connection with the International Monetary Fund.

In order that ships sailing under specific articles should not be affected by the change in equivalents, it was provided that a change in basic pay or wages as a result of a change in the rate for determining the equivalent in other currency shall take effect not later than the beginning of the second calendar month following that in which the change in the relative par values of the currencies concerned becomes effective.

A minor detail which was not adequately covered in article 5 is the difference between the 16 pounds and the 64 dollars. The present ratio of the American dollar to the British pound is $4.035 to one pound which would give a minimum of $64.56 and not $64.00. However, this discrepancy can be corrected by the International Labor Office when it issues its figures on equivalents pursuant to article 8.

During the deliberations of the Conference, it was evident that countries whose basic wage scale was substantially below the 16-pound minimum would have difficulty in ratifying the convention unless some provision were made for an escalator clause to reach the minimum. It was also evident that for the major European countries the 16-pound minimum would have little effect on the comparative relationship so far as equalization or the narrowing of wage differentials were concerned, and that these countries could accept a higher basic minimum wage. In order to meet these two problems, we drafted a proposal for an escalator clause which would give opportunity to both the lowpaying countries and those already at or above the minimum, to achieve better wage conditions for seamen and also to insure widespread ratification. Our experience with the Wage and Hour Law, which provided for gradual increase over a number of years from 25 cents to 40 cents, led us to believe that such a proposal might be the answer to some of

the problems. However, we were reluctant to introduce such a proposal in view of the reaction from other delegates who were consulted.

EQUIVALENT RATE (ASIATIC AND AFRICAN)

The United States government delegation strongly opposed the incorporation of this article in the convention. As the Office text originally read, there was specific reference to special rates for Africans and Asiatics. The amendments proposed by the worker group were for the deletion of the terms African and Asiatic but the retention in substance of wage rates below the basic minimum established in article 5. Our position was made difficult by the fact that not only the European government and employer groups but also the labor group and the representatives of the Indian and Chinese seamen favored the proposal of the equivalent rates. The proposal submitted by the seafarers group, which was substantially the Office text, was adopted by the full committee by a vote of 80 to 12.

Despite our strenuous objection at the Wages, Hours, and Manning Committee, as well as at the plenary session, the Conference adopted article 6 with the full support of the Chinese and Indian delegations, whose workers would be directly affected by the application of this provision. Under its terms it is possible to pay three different minimum wage rates on the vessels of the same flag. Thus, it is possible to pay the 16-pound minimum, or the equivalent, which, for example, if a double crew of Indians were used, might average eight pounds, or a third minimum where a country, whose nationals were employed by a foreign power, had not ratified the convention. In that case, neither the minimum nor the equivalent would apply and the country using foreign labor could pay any rate it desired without regard to the fact that it may have ratified the convention.

The theory on which this article was generally accepted was that the total labor cost on board ship would be equivalent and that, in effect, the payment would be in accordance with the amount of work performed by the seafarers on board ship. The language of the convention can be acceptable to us only if careful review and enforcement is required in its application. The provision of the convention as it stands does not actually require the shipowner to compare the amount of work performed on the identical type of ship which employs (a) a larger group of ratings of African or Asiatic stock against that of (b) the normal number of workers of its own nationals. Unless actual measurement can be made of equivalents of work performed with equivalents in rates of pay, article 6 is objectionable. There is a provision in article 6, paragraph 2, which states that any "decrease in cost" to the shipowner consequent on the employment of such groups

of ratings shall be taken into consideration in fixing the adjusted equivalent. A thorough and careful review of the necessary information would make this article acceptable as a basis for ratifying the convention. The only way that the possibility of a third rate below the equivalent rate could be avoided would be for the Chinese and Indian Governments to ratify the convention. So long as China and India fail to ratify the convention, it will be possible for countries using the nationals of India, China, and Africa to pay rates other than the minimum or the equivalent rate.

RATIFICATION

This article, as drafted by the Office, provided that the convention should come into force six months after the date at which two members, possessing each at least one million tons of shipping, registered their ratification. The text differed from that tentatively recommended at Copenhagen which provided for nine countries, five of which possess one million tons or more. The full committee at first rejected any attempt to modify the Copenhagen proposal and defeated amendments proposed by the employer members for additional tonnage limitations.

Those who supported amendments to provide for additional tonnage limitations held that to be meaningful the convention must be put into force by a substantial number of maritime countries possessing a preponderant portion of the world's shipping. The worker members of the committee opposed this argument on the ground that a requirement of substantial tonnage would impede, rather than facilitate, early ratification of the convention.

Although our government and worker delegations were at first sympathetic to the position of the employer delegation, our position was regarded as an impediment to ratification and was also regarded by the government group as an indication that we wanted the veto power in the application of this convention. Consequently, following the action of the full committee in defeating all amendments which sought to establish additional tonnage limitations, other than that of nine countries, five of which possess at least one million tons, this Government took the position that because we wished to place no impediments in the way of early ratification of the convention, we would oppose any additional tonnage limitations. This was supported by the worker delegation. The employer delegation continued its efforts to place additional tonnage limitations into the draft convention.

At the meeting of the subcommittee of nine, the subcommittee proposed an additional tonnage limitation of 25 million gross tons. The United States government representative alone opposed this additional