Sous Chef. Laundryman on commission basis. Barber. Chief Baker where a Confectioner is now carried or where rating of Concessionaires and their employees. (b) Work Schedule: A work schedule with the definite assignment of each employee as to the hours and duties shall be prepared and posted as soon as possible within twenty-four hours of the scheduled embarkation of passengers, but shall be subject to readjustment as circumstances warrant. Section 2.-(a) Working Hours in Port: When a ship is in port without passengers on board, members of the Stewards' Department required for service to crew shall perform their regular duties in eight hours between the hours of 6 A. M. and 7 P. M. Except as hereinafter provided, the day's work for all others in the Department shall consist of eight hours between the hours of 8 A. M. and 5 P. M. All work performed outside of the regular hours above specified and on Saturday afternoons, Sundays, and holidays, shall be paid for at the overtime rate for the actual time worked; provided, however, that a minimum of four hours shall be paid for Saturday afternoons and a minimum of eight hours shall be paid for Sundays and holidays, except on day of arrival or day of regular embarkation when overtime shall be subject to the Stewards' Department port time clause in General Rules. In all way ports while passengers are on board, members of the Stewards' Department shall work their regular sea schedule of hours without payment of additional compensation. When passengers are taken on board prior to regular embarkation time, such time shall be considered as port time. When embarkation time for passengers is set on the previous day owing to early sailing, port time shall cease. (b) Vessel Without Passengers, Definition: For the purpose of this section, a vessel shall be deemed to be without passengers on board after all passengers, except those detained by the Immigration Authorities, are debarked and all passenger spaces are cleared of baggage. (c) Serving Special Meals: When special luncheons or dinners are served on days when ship is not feeding, those actually engaged in cooking or serving meals to guests will be paid extra compensation at the rate of 70c per hour for time actually so engaged. (d) When a ship is feeding for all meals served to other than passengers, 25c per guest shall be paid by the Company to be divided among those serving, but the following boarding officials are exempted and will be served by the Stewards' Department without any additional remuneration: Commandante Consular Officials Customs' Officers Port Medical Officer Immigration Officials Executive Company Port Officials. Section 3. Waiters Standing Gangplank Watch.-If waiters are required to stand gangplank watch for more than two hours, during their normal hours of work, they shall be paid extra compensation at the rate of 70c per hour, as provided in General Rules. Section 4. Carrying Stores, etc.-Members of the Stewards' Department may be required to carry light second stewards' stores (working stores) but shall not be required to carry any heavy stores, provisions, laundry, or other similar heavy equipment on board, and all such work of carrying stores, provisions, laundry, or similar heavy equipment shall be performed by shore gangs or stevedores hired by the Steamship Company for that purpose; the stowing or packing away shall be performed by these shore gangs or stevedores with the assistance and/or under the supervision of butchers, storekeepers, and porters as are designated by the chief stewards for this purpose. The term "shore gang" shall not include members of the ship's complement. In way ports where small quantities of fresh provisions are taken, the ship's members as designated above for assisting and stowing of stores shall perform this work when stevedores are not available. This only applies to ships at anchor where stores are placed on board the ship and have to be carried thence to the storeroom. Section 5. Gloryhole Stewards.-Gloryhole stewards shall be provided to take care of Stewards' Department quarters, make bunks, and clean washrooms, lavatories, and alleyways. Section 6. Porters.-Porters or utilitymen shall be supplied to clean brass, wash decks, etc. In all ports where passengers are not on board members of the Stewards' Department shall do the necessary cleaning as heretofore customary in their ratings. Section 7. (a) Painting: No employee in the Stewards' Department shall be required to paint unless signed on in the capacity of ship's painter. Porters or utilitymen may be required to touch up when necessary. (b) Chipping, Scaling, or Repair Work: No employee of the Stewards' Department shall be required to do any chipping of rust or paintwork, scaling, or repair work of any kind, except those men carried for these purposes. Section 8. Hand Baggage.-All reasonable hand baggage shall be handled by stewards. Section 9.-(a) Pantry Work, etc., by Bedroom Stewards.-Bedroom stewards shall not be required to tend or assist in work at steam tables or in pantry work or wait on tables in dining saloon except on AMERICAN MERCHANT vessels or on such vessels where it has been heretofore customary during the life of this agreement, where this principle will be carried out wherever practicable. (b) Heavy Room Baggage: All heavy room baggage shall be handled and trucked by bedroom stewards from the rooms to the deck and vice versa. Section 10. Stewardesses.-The duties of the stewardess shall be to care for the comfort of women passengers and children under twelve years of age in their respective section of staterooms. In case of husband and wife in one stateroom, service of meals in the stateroom shall be performed by the room steward or the stewardess at the option of the passengers. Stewardesses are to do no ship's laundry work whatsoever on board ship. Stewardesses' and waitresses' uniforms, caps and aprons, not to exceed three each week, shall be laundered free by the Company, provided, however, that the Company shall not be responsible for loss or damage caused by such laundering. Such laundering shall be performed either aboard ship or ashore at the discretion of the Company, and when performed aboard ship seventy-two hours' service shall be provided. Section 11. Cleaning Bathrooms, etc., by Waiters.-Waiters serving food shall not be required to clean bathrooms or toilets or shine brass, except waiters assigned to officers. Section 12. Night Stewards. Night stewards shall not be required to do any work outside of what their particular rating calls for. When required to stand night watches in ports where no passengers are on board on Saturdays, Sundays, and holidays, overtime shall be paid. Section 13. Discharging Mail.--When members of the Stewards' Department are required to assist in the discharge of mail, they shall receive extra compensation at the rate of 70c per hour. Section 14. Port Pay roll.-Members of the Stewards' Department personnel shall be kept on the Company's pay roll in port when they are to be retained for the subsequent regularly scheduled voyage, unless the vessel's stay in port exceeds seven days. Those who do not report for duty and do not perform port work shall not be paid while absent. Men who sign articles and sail on the subsequent voyage shall be paid for Saturday afternoons, Sundays, and holidays. The intent of this clause is that the crew shall be retained continuously in the Company's employ during the normal stay between two consecutive voyages of a steamer in the home port. The Company retains the right to determine what constitutes the normal stay in the home port. Section 15. Joiner's Tools.-When joiners employed in the Stewards' Department on passenger vessels are required to furnish their own tools, they shall be paid seven dollars and fifty cents ($7.50) per month in addition to their regular monthly wages. Section 16. Ratings in Ship's Articles.-Members of the Stewards' Department shall sign articles at the rating for which their particular work calls, such as waiters, bedroom stewards, bath stewards, waitresses, printers, linen keepers, cooks, etc., by the name of their particular station. No members of the Stewards' Department shall be signed on under the term "Assistant Stewards." Their discharges shall indicate the rating of employment. ARTICLE X. COASTWISE TRADE Recognizing the critical economic situation which confronts the coast wise trade, and the absence of any Governmental subsidy, it is distinctly understood and agreed that the following provisions shall apply on "days of arrival" at all ports other than the home port, on all vessels engaged exclusively in the United States Atlantic, Gulf, and Puerto Rican coastwise trade (that is, all such vessels not touching any foreign ports). Section 1. Days of Arrival.-When "days of arrival" fall on Saturdays, Sundays, or holidays, the watch on duty shall not be paid overtime for the normal watch duties. In the Deck Department normal duties shall include gangway or anchor watch. The boatswain and carpenter shall perform their usual duties in connection with mooring and unmooring between the hours of 8 A. M. and 5 P. M. on such days of arrival without payment of overtime. In the event of a vessel sailing on day of arrival, the above conditions shall apply. Section 2.-The oiler on watch, if not required in the engine room, shall oil and care for the deck machinery while cargo is being worked, on such days of arrival, without payment of overtime. Section 3. Working Hours, Stewards.-The Stewards' Department personnel shall perform their normal duties within eight hours on freight vessels, and on passenger vessels if no passengers are on board, without overtime, on such days of arrival except that if passengers are on board, all members of the Stewards' Department shall work their regular sea schedule of hours without the payment of overtime, provided, however, that no maintenance or repair work shall be performed on Saturday afternoons, Sundays, or holidays of such days of arrival without payment of overtime, and provided further, that all work performed by Deck or Engine personnel in excess of regular eight hours and all work performed in excess of regular hours of duty in Stewards' Department, shall be paid for at the regular overtime rate. Section 4. Working Conditions at Home Port.--The provisions of this Article shall not apply to that port designated as the "home" port. At the home port there shall be no exception from the port conditions as provided elsewhere in this agreement. ARTICLE XI. REGULAR WAGES Section 1. Regular Wages.--Regular work performed by the Unlicensed Personnel on the respective classes of vessels of the Company shall be paid at the following scales: (a) The Union shall be privileged upon proper notice to open negotiations with the Company on this Article upon the expiration of any six-month period from the signing of this agreement by both parties and each six months thereafter, provided that before the expiration of the sixth month, thirty days' notice shall be given. The petition for the opening of this Article shall be disposed of by both parties within a period of fifteen days. Section 2. Wages, Ratings Not Specified.-In ratings other than specified herein it is agreed that there shall be no reduction in wages from the rates now being paid. ARTICE XII. ARBITRATION Section 1. Settlement of Disputes Prior to Arbitration.-In case a dispute arises over the interpretation of any of the provisions of this agreement, whether the said dispute originates on board ship or ashore, the Union agrees to take the matter up with the Company and make every effort to adjust the said dispute. In the event that no amicable and satisfactory adjustment can be made between the Union and the Company, and the question in dispute is deemed to be sufficiently important to either party, the Union or the Company may present the question disputed to the Port Committee for arbitration as provided herein. Section 2. Arbitration.-Upon written notice by either the Company or the Union that any dispute cannot be adjusted by their respective representatives, such dispute shall be referred for final adjustment to a Port Committee composed of seven persons, three of whom shall be appointed by the Company and three by the Union within twenty-four hours after the receipt of such notice, exclusive of Saturday afternoons, Sundays, and holidays. The six members so appointed shall meet within twenty-four hours after their appointment, at a time and place suitable to the Company and the Union, and at that meeting shall select a seventh member of the Committee. If they cannot agree on a seventh member, such seventh member shall be designated by the Mediation and Conciliation Division of the United States Department of Labor. The Port Committee shall render a decision within seventy-two hours, if possible, after the appointment of the seventh member, Sundays and holidays included, and the Committee's decision or that of any four members of the Committee, shall be final and binding on the Company, the Union, and the employees. The Company and the Union shall bear the expenses of their respective appointees to the Port Committee but shall share equally the expenses of the seventh member of the Committee. ARTICLE XIII. EFFECTIVE DATE OF AGREEMENT Section 1.-This agreement shall become effective upon vessels opening articles on or after the date above first written and shall continue in effect up to and including September 30, 1941, and thereafter shall continue from year to year unless written notice of a desire to terminate or modify is filed by either party thirty days prior to September 30 of each year. Provided, however, that when notice to terminate or modify has been filed the parties undertake, subject to the legal obligations of the parties, to nego tiate for amendment or substitution of such agreement, and during such period of negotiation extensions of not more than thirty days shall be mutually agreed upon by the Company and the Union, and during such period of extensions this agreement shall remain in full force and effect. ARTICLE XIV. STATUTORY LAWS, RULES, AND REGULATIONS Section 1.-Employers shall only be required to comply with the provisions of this agreement and the statutes and regulations thereunder in all matters relating to manning, quarters and equipment, construction and arrangement of the ship. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their respective officers and representatives thereunto duly authorized the day and year herein first above written with the expressed understanding that the terms and conditions of this agreement shall apply only to the Company's vessels whose signature is attached hereto. classified as to its routes, services, working rules, and types of vessels as described in the agreement. Re Section 16 (a), Explosives: SCHEDULE A For the purposes of an agreement entered into between and the National Maritime Union of America in its own behalf and in behalf of the Unlicensed Personnel employed on the Company's vessels registered under the American flag for whom the National Maritime Union has been certified by the National Labor Relations Board as the agent for collective bargaining, explosives shall, pursuant to law, consist of the following items : black powder, blasting caps, detonating caps, loaded bombs, dynamite, and TNT. For the purposes of this agreement the following ports usually or occasionally served by the Company shall be considered open harbors and roadsteads. Additional ports to be added to this list may be submitted as occasion requires due to rearrrangements of schedules or additions to vessels in operation: (List of ports for each company inserted as required.) The CHAIRMAN. Thank you very much. You may stand aside. Mr. O'Donnell, we have 22 minutes left. How much time do you want? Mr. O'DONNELL. Mr. Chairman, I am afraid it would take a little longer than 22 minutes for my testimony. The CHAIRMAN. We have heard a great deal from Mr. Curran about the union. I do hope that witnesses will realize that we are very busy. Mr. Standard, how much time will you take? Mr. STANDARD. I have about 35 minutes. I do not think it will take me more than about three-quarters of an hour. STATEMENT OF JACK O'DONNELL, VICE PRESIDENT, MARINE COOKS' AND STEWARDS' ASSOCIATION OF THE PACIFIC COAST The CHAIRMAN. All right, Mr. O'Donnell, state your full name and whom you represent. Mr. O'DONNELL. Jack O'Donnell, assistant secretary, Marine Cooks' and Stewards' Association of the Pacific Coast. |