SEAFARERS APPEALS BOARD
5201 Auth Way
Camp Springs, Maryland 20746
Action Number 426Effective: December 9, 2004
The Seafarers Appeals Board acting under and pursuant to the Collective Bargaining Agreement between the Union and the various Contracted Employers, hereby takes the following action.
WHEREAS, by prior action the Board has recognized the need for appropriate Shipping Rule adjustments to secure and maintain an adequate supply of qualified and trained personnel aboard various U.S. flagged fleets; and
WHEREAS, the Union acknowledges the importance proper manning plays in the successful operation of these vessels; and
WHEREAS, because of the recent military vessel activations the Shipping Rules need to be amended by allowing extended tours of duty for unlicensed personnel above entry rating to ensure that every unlicensed billet is filled.
NOW THEREFORE, the Seafarers Appeals Board acting under and pursuant to the Collective Bargaining Agreement between the Union and various Contracted Employers hereby amends and enforces the Shipping Rules to provide for the following.
AMEND Rule 5 A. (14) (a) quoted below, shall be modified by eliminating the maximum period of employment of one hundred twenty (120) days.
“The following specified ratings enumerated in this subsection (a), possessing Class “A” seniority, upon completing a tour of duty aboard a specified vessel of no less, or as close to, seventy-five (75) days and no more, or as close to, one hundred twenty (120) days, shall be designated as having permanent status for such vessel and shall request a relief of no less, or as close to, thirty (30) and no more, or as close to, sixty (60) days depending on the vessels schedule of operations, upon the vessel’s arrival at a port in the Continental United States or Puerto Rico or other mutually agreed to port. Subsequent tours aboard the vessel for permanent personnel shall be between seventy-five (75) and one hundred twenty (120) days duration as agreed by the seaman and the company at time of their sign-on for each tour. Transportation expenses for the seaman requesting a relief and the seaman providing a relief shall be borne by the Company.”
It is the intent of this amendment to allow for an unlimited amount of days allotted for tours of duty. The maximum sixty (60) days off will still be in effect.
AMEND Rule 5 A. (14) (r) (2) and 5 A. (14) (t) (2) quoted below by eliminating the two-to-one time off ratio and maximum period of employment of one hundred twenty (120) days.
“During the specific period of employment, their tours of duty shall be scheduled at approximately a two-to-one employment ratio with time on off no less, or as close to seventy-five (75) days and no more, or as close to one hundred twenty (120) days of employment between periods of time off of no less, or as close to thirty (30) days and no more, or as close to sixty days (60) of time off. Work schedules may be modified subject to the vessel’s operational necessities, and as mutually agreed to between the Union and the Company. Transportation expenses for the seaman requesting a relief and the seaman providing a relief shall be borne by the Company.”
It is the intent of this amendment to allow for an unlimited amount of days allotted for tours of duty. The maximum sixty (60) days off will still be in effect.
AMEND Rule 5 A. (14) (r) (4) and 5 A. (14) (t) (4) quoted below shall be eliminated.
Rule 5 A. (14) (r) (4)
“Seamen possessing Class “B” employment seniority employed above the Entry Level aboard tanker class vessels in the domestic trades upon mutual consent may request a relief of forty-five (45) days upon completion of no less than ninety (90) days employment.”.
Rule 5 A. (t) (4)
““Seamen possessing Class “B” employment seniority employed above the Entry Level may request a relief of forty-five (45) days upon completion of no less than ninety (90) days of employment. Such relief will only be provided in a domestic port and subject to the vessels operational necessities.”
It is the intent of this amendment to discontinue reliefs for seaman with “B” seniority employed above Entry Rating.
AMEND Rule 10 A. “Special or Emergency Provisions” as quoted below shall be fully enforced.
“During any period of emergency, unlicensed seamen possessing Class “B” or “C” seniority, who are in the Entry Rating Department and who have adequate seatime to make application for endorsement in Group II rating or ratings in the Deck or Engine Department and Group II ratings in the Steward Department, shall not be registered for shipping unless they make application for and expeditiously comply with the requisite rules to secure such Group II endorsement or endorsements in the Deck and Engine Departments and Group II ratings in the Steward Department in accordance with the training programs instituted at the Seafarers Harry Lundeberg School of Seamanship.”
The remainder of this section shall also remain in full force and effect.
This SAB action shall remain in full force and effect until modified by future SAB action.