The SIU and seven other maritime unions, along with the Maritime Trades Department, AFL-CIO, earlier this week submitted comments objecting to numerous provisions in a U.S. Coast Guard interim rule (47 CFR Part 12, USCG-2003-14500) covering forms and procedures for the issuance and renewal of merchant mariners’ documents (MMDs).The joint statement came from the SIU; MTD; American Maritime Officers; Inland Boatmen’s Union of the Pacific, ILWU; International Longshore and Warehouse Union; International Organization of Masters, Mates & Pilots; Marine Engineers’ Beneficial Association; Marine Firemen’s Union; and the Sailors’ Union of the Pacific.
“At the outset, we believe it is extremely important to emphasize that the procedures and requirements governing the issuance and renewal of MMDs determine whether a trained and qualified individual will or will not in fact be able to pursue his or her chosen profession,” the unions wrote. “It is absolutely essential that such procedures and requirements be reasonable, realistic, clear and fair, and that they do not serve to arbitrarily deny qualified persons with the opportunity to work aboard U.S.-flag commercial vessels.
“It is also important to emphasize that to the extent American citizens are denied the chance to pursue a career in the United States merchant marine for reasons that have very little if anything to do with their current qualifications and on-the-job performance, our country will lose a valuable, irreplaceable component of its militarily-useful commercial sealift.”
The unions argued that the interim rule “is directed at mariners least in need of additional regulation and is thus an unnecessary means to improve security.” They also pointed to runaway flags (also known as flags of convenience) as “the real threat to the security of the United States,” from a maritime perspective. “While we commend the United States Coast Guard for the steps it has taken in recent years to regulate foreign-flag vessels, far more regulation is needed in this area rather than against United States-flag ships.”
Further, they noted that the interim rule “simply further regulates the group of people in the maritime industry who are already the most regulated. Adding to the complexity of merchant mariner documentation does not itself enhance the security interests of the United States. Our country needs more, not less, U.S.-flag ships and more, not fewer, U.S. citizen crews if the United States wants to seriously address the threats to our ports, our economy and to our citizens posed by flag-of-convenience vessels and their foreign citizen crews.”
Among other objections, the unions particularly took issue with the “character and habits of life” standard included in the interim rule.
“The Interim Rule provides that the ‘character and habits of life’ of the applicant, and whether the applicant is determined to be a ‘safe and suitable person’, shall be considered by the Coast Guard when deciding whether or not to issue or renew a merchant mariners’ document,” the unions wrote. “These terms are not defined, but rather will, according to the Interim Rule, be left to the ‘appropriate Coast Guard official’ to decide.
“We understand that prior to the promulgation of this Interim Rule, 33 CFR section 6.10-1 permitted the Coast Guard to grant MMDs only if ‘the Commandant is satisfied that the character and habits of life of such person are such as to authorize the belief that the presence of the individual on board would not be inimical to the security of the United States.’ However, we know of no instance in the last twenty years when this rule was used to deny the issuance of an MMD. In fact, this rule has all but been struck down by the United States Supreme Court, and the Coast Guard’s attempt to resurrect it and to make it part of the regular MMD application process cannot succeed….”
They also pointed out, “We understand that the intent of this standard is to thwart terrorism and terrorist activities. However, we are greatly concerned that as written, the undefined ‘character and habits of life’ criteria could be used as a catch-all excuse to deny individuals an opportunity to work aboard U.S.-flag vessels based not on their qualifications or on-the-job performance, but rather on their unpopular but legitimate and legal politics; personal habits and lifestyle; or other equally irrelevant, non-terrorist related matters. Without clear definition and specific criteria, United States citizens are in the position where they may lose their right to work in the profession of their choice based on purely subjective determinations by an agency of the United States government.”
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