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picking up books and permit cards. They were told to appear at the union hall to explain their action. It did not take much questioning the following morning to find out what was going on. The entire crew, somewhat shamefaced, admitted what had taken place and pleaded guilty. The worst of the lot, four book men and three permit card men, were placed on charges and will face a rank and file committee. The permit man had their cards revoked. The rest of the crew realized that they were at fault in not curbing the irresponsible actions of the others. The action of the crew jeopardized the conditions and contracts enjoyed by every member of this union, besides giving our union a reputation for harboring "wine-nose.”

Mr. KEATING. What is that?

Mr. VOLPIAN. That is what the water front calls people who drink wine. The "wine-nose” are a pretty bad lot. They seem to stay drunk. We take disciplinary action against these men ourselves, and the Coast Guard comes in with a whole lot of trivial things, that a man took a couple of hours off, or he took a day off; he came back to the ship intoxicated; and I venture to say that 95 percent of those charges, out of that 30,000 they claim, are just those kinds of charges.

Mr. KEATING. What is the nature of the disciplinary action which the union takes?

Mr. VOLPIAN. In the first place, they face a rank and file trial committee. Those are men who have sailed under the same conditions and they know what the men were up against. They are sympathetic with them when the men are right and they will condemn them when they are wrong.

Mr. KEATING. Have they condemned them when they are wrong?

Mr. VOLPIAN. That is one of the things we are afraid of. We are afraid we are a little too rough. We have quite a number of them that we have suspended from the union for 99 years. We have supended for a shorter period of time.

Mr. KEATING. In the last year, how many cases have been brought before the union and what disciplinary action has been taken?

Mr. VOLPIAN. I do not have any statistics on it. I could not give you the number offhand. I could say this: That there was probably 300 percent more charges brought in the last year than we ever brought before. The reason for it was that we realized that the men were under a terrific nervous strain and were not altogether responsible for their behavior. Now, tlie war is over and there is no excuse for it, and we are weeding them out left and right.

Mr. KEATING. The nature of the penalty is expulsion or suspension for a period of time; is that right?

Mr. VOLPIAX. That is right.

Mr. KEATING. During that period of time they are not able to work as seamen?

Mr. VOLPIAN. That is right. Sometimes they are put on probation for a period of a year and a fine attached.

Mr. KEATING. If you suspend, the other union does not take them on, or vice versa?

Mr. VOLPIAX. No. We have an awful lot of men. We have more men than we have jobs. Most unions cannot provide work for their men.

Mr. Hobbs. You do not justify the conduct of furnishing Old Golds instead of Lucky Strikes, do you?

Mr. VOLPIAN. I cannot speak for previous witnesses. We have had those cases, but we have regarded them as trivial and not worthy of anything

Mr. HOBBs. You do not look for us to justify that discrimination?

Mr. VOLPIAN. We do not even consider those things. I will say this: That there are certain people nowadays in the merchant marine who have been guilty of some serious offenses. There are such things as smuggling. You gentlemen all understand there are a lot of blackmarket operations going on on the other side. Some of the men of the merchant marine have been caught engaging in black-market activities, and, in some cases, narcotics have been sold. The union, whenever we hear of such a case, we immediately take action against that man to have him completely expelled from the union. We do not want that kind of people. We want workingmen and we want them to get good wages. That is our interest in the thing.

I want to say that the men of the merchant marine despise the Coast Guard so badly that it is not good for the health of the country. I do not think it has been brought up in the testimony previously, but the Coast Guard-I mean the merchant marine was under the jurisdiction of the Department of Commerce, and when the war was over the Department of Commerce should have gotten the merchant marine Lack-there was a gentleman by the name of Henry Wallace who was Secretary of Commerce at that time, and he relinquished it to these people. I do not know anything about Henry Wallace. Any kind of government organization that can generate as much hatred toward themselves as the Coast Guard has--the best thing that ever happened to the Communist Party, from our standpoint, is what happened.

Mr. KEATING. What do you do to Communists in your union?

Mr. VOLPIAN. We do not allow them. We do not have one. We do not get close to them.

Mr. KEATING. In your judgment, in your union there are no Communists?

Mr. VOLPIAN. That is correct; there are no Communists in our union.
Mr. LEWIS. Any further questions?
Thank you very much.
The committee is adjourned until next Monday at 10 a. m.

(Whereupon, at 12:30 p. m., the subcommittee adjourned, to reconvene at 10 a. m., Monday, March 15, 1948.)

CONDUCT OF DISCIPLINARY HEARINGS OF COAST

GUARD COMMISSIONED OFFICERS

MONDAY, MARCH 15, 1948

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 3,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met at 1 o'clock p. m. in room 346, Old House Office Building, Hon. Louis E. Graham (chairman of the subcommittee) presiding.

Present: Hon. Louis E. Graham, Hon. Albert L. Reeves, Jr., Hon. Kenneth B. Keating, Hon. Sam Hobbs, Hon. Martin Gorski.

Mr. GRAHAM. The subcommittee will be in order.

We have five witnesses to testify today: Capt. Schuyler Cumings, Mr. Walter E. Maloney, Mr. Hoyt Haddock, Capt. Donald Preble, Mr. Harry Hayden. It has been our custom, gentlemen, to take those witnesses from a distance first. Is there anyone from a distance who wishes to be heard first?

All right, if not, we will hear from Mr. Walter E. Maloney.

STATEMENT OF WALTER E. MALONEY, ATTORNEY, NATIONAL FED

ERATION OF AMERICAN SHIPPING, INC., AND AMERICAN MERCHANT MARINE INSTITUTE, INC.

Mr. MALONEY. I am engaged in the practice of law as a member of the firm of Burns, Currie, Walker & Rich, 40 Wall Street, New York 5, N. Y. I represent the National Federation of American Shipping, Inc., of Washington, D. C., and the American Merchant Marine Institute, Inc., of New York City, both of which are trade associations. The members of these associations, on whose behalf I appear, are the owners and operators of the great majority of American flag oceangoing vessels. I appear in support of S. 1077 and urge your committee to recommend its

passage. I should say, on behalf of the shipping industry, we support S. 1077 and we ask your committee not only to recommend its

passage

but ask you to do so as soon as possible in order to correct the situation which has become intolerable.

For 9 months there has been no governmental agency to suspend or revoke the licenses or certifications of sea-going personnel. Our interest lies primarily in the fact that there is no other way by which sea-going personnel can be controlled insofar as ability and competence is concerned.

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All licensed officers' or seamen's certificates are their badges of competence and ability. In other words, they certify to the fact that the man has met certain requirements in order to get that document and when he once gets the document, under the law, he must be accepted.

Mr. GRAHAM. We are familiar with that.

Mr. MALONEY. It must be accepted as prima facie evidence of his ability. It means there have been hundreds of offenses over the past 9 months. While ultimately, the proper authority will be able to catch up with these people and take action, for the present time they are on the sea. They are there with their negligence, their lack of ability and they are there to repeat the casualties which have occurred and they are a continuing menace to life and property at sea.

It is for that reason that we ask haste in the passage of this bill. In case of the master a license is issued only after he has satisfied the Coast Guard "that his capacity, experience, habits or life, and character are such as warrant the belief that he can safely be intrusted with the duties and responsibilities of the situation for which he makes application” (46 Ü. S. C. 226). In the case of an able seaman proof must be made showing the vessels on which he has had service and that he is skilled in the work usually performed by able seamen (46 U. S. C. 672). The law provides further that the seaman's certificate “shall be retained by him and be accepted as prima facie evidence of his rating as an able seaman."

My statement sets forth conditions under which licenses and certificates are granted and also the conditions under which they can be revoked or suspended. I will not go into that here. I would like to go into one or two points brought up last Wednesday in Captain Ash's statement, he compared the number of misconduct cases at sea to those on shore and said they were not out of line. We do not say they are. But our primary concern is that these men be taken out of work at sea with a document which says they are able when we think and a hearing would prove otherwise.

Secondly, a misunderstanding may have been created when Captain Ash says these men can get a job elsewhere even though there has been no hearing, and I think he referred to the bonding of these men. In the first place, bonds do not cover a man's ability. They cover his honesty and integrity. They are actually integrity bonds to insure the money intrusted to him. They have nothing to do with his ability. Many masters are not bonded. It is usual to bond the purser. The mates are not bonded and the sea-going personnel are not bonded. So, while these men have in their possession these certificates, they can go from one ship to another. Admittedly, the company that finds a man at fault will have a hearing, but the sea-going personnel go from company to company. This man is free to go elsevthere and that other company has no way of determining his fitness or competence so long as he has the necessary documents.

In my opinion, the law guarantees a fair trial to every officer and seamen brought up on hearing. I would just call your attention first to the statute which gives a man the right to his own counsel. That gives him the right to cross-examine witnesses and to call witnesses on his own behalf. That is carried out in the regulations which appear in the Federal Register which is published by the Coast Guard,

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