Anyone know of a lawyer well versed in labor rights for maritime employees?

Professional Mariner Forum
21

[QUOTE=c.captain;147934]a delegation from the USCG represents the USA at the IMO. As far as I know, the USCG is at the helm with everything to do with negotiating any IMO treaty conditions.

I have also never once heard of the US Senate voting to ratify any IMO treaty[/QUOTE]

The USCG will be the ones tasked with enforcing those rules, so it does make sense that they would have some input. However, IMO rules are technically treaties, which means only the President can commit the United States–but only with the advice and consent of 2/3 of the Senate. The fact that you’ve never heard of the Senate ratifying these treaties is probably down to the fact that the votes are normally pro forma. Only then can the USCG actually enforce any provisions thereof.

22

I gave up on the company that wouldn’t issue me a letter of seatime. I didn’t really need it for renewal because I had plenty of days else where so screw em.

I had another dumbass company do the same thing to me so I turned them into the IRS for shady shit they were doing.
I got a screwed up letter of seatime about a month later. Vessels were wrong, dates, tonnage, etc.

Again I didn’t need the letter but it pissed me off that they can get away with screwing you and no one cares especially the puddle pirates.

Attorneys want $ for their time even if it is typing a letter for you…that letter head is going to cost you…and should it have to go that far? Why not just send the fuckin letter and be done with the asshole like me?

Because no one cares and that is how I can fuck you over for walking off or tying up my boat on me…

I speed read the rest of the posts so excuse me if I restate some things.

I agree it is better to keep your trap shut or move on.

I have been on boats that were UNSAT and then some.
Even called the CG on the radio and informed them I would be tying the boat up and logging myself off as Master because of the unsafe and unseaworthy conditions…CYOA…

They didn’t care. Never even sent someone to investigate why a captain would call them on the radio, tie up a boat, and walk off.
I had the Mate of Tow sign the log that he assumed the fire watch and would not move the vessel until another MOT arrived then ran off a copy and off I went.

Fuck em and feed em fish heads…you aint gonna starve me and I aint drivin a trash can…send me the groceries I ask for (within reason) and the supplies I order or find another MOT to run your shitcan and fuck your “hot load”.

I agree the CG only cares about unsat shit when someone screws the pooch.

Was MOT on another boat and my Pilot fell asleep from taking Soma’s and took out Grand Lake Pontoon Bridge.
Puddle pirates came on and went over us with a fine tooth comb.
Blamed me for all the shit I had been trying to get the company to fix…or pay to fix…or send supplies to fix…
Head shallow water sailor was ready to string me up by my balls until I forwarded my email requests to his inbox…CYOA…

He had us escorted to Lake Charles to have work done and we were not allowed to move until they did a follow up inspection.
Company “Port Captain” that had never been licensed…not sure why he gets to be called a PC…was on CG’s coat tails the whole time kissin that ass.
I just stood back and smiled while he kissed that CG ass.

Pilot never popped positive because the only did the DOT 5 panel on him even though I told them to do a 19 panel or a test that tested for Soma.
This was the second time he fell asleep and fucked up. Company left him on my boat. I had to walk or deal with it so I posted my leadman in the wheelhouse with a fly swatter and gave him full permission to smack that fucker on the ear if he even looked like he was falling asleep.
That was my leadman’s job any time we were underway and I was in the bunk.
That fuckin pilot had cauliflower ear by the time we got to Houston.

No one cared. I told CG what happened and they wanted the whole boat tested but only a DOT. Doesn’t pick up on a lot of pills guys are getting off with on the boat.

Money was too good to walk to I had to think outside the box to keep the scratch coming in and stay alive to go home to my wife and kids.

Speaking of OSHA that is another entity that could give a shit less. When I walked from Selvick (the dumbass that was on “Great Lakes Warriors” breaking every rule in the book) I wrote a letter to the CG and they did nothing.
I had horror stories for OSHA and pictures to back them up.
Typed up a detailed letter to both parties and sent pics to both.
Neither did shit.
Even with that idiot on Sat TV pulling 36 hr watches, having loss of power and no 2692, and on and on and on…

He was rumored to have mob ties and now I know after the fact that he did.

I heard he is dead…thank God.
One can only hope.

A lot of rambling and sea stories to repeat what several others have said…if you don’t like your job change jobs.
At some point it doesn’t matter how much they are paying especially when it becomes “hush money”.
Because when SHTF [U]you[/U] will be held responsible. CYOA

23

I thought osha had nothing to do with seamen and vessels?

24

[QUOTE=awulfclark;147935]The USCG will be the ones tasked with enforcing those rules, so it does make sense that they would have some input. However, IMO rules are technically treaties, which means only the President can commit the United States–but only with the advice and consent of 2/3 of the Senate. The fact that you’ve never heard of the Senate ratifying these treaties is probably down to the fact that the votes are normally pro forma. Only then can the USCG actually enforce any provisions thereof.[/QUOTE]

Only IMO Conventions are treaties that require ratification. Most IMO Conventions have been ratified by the US, including SOLAS, MARPOL, and STCW. The IMO adopts mandatory Codes and Resolutions under these conventions. These instruments are made mandatory by amendments to the underlying conventions. Ratification of amendments is not required. Once amendments to the conventions are adopted by the IMO, they are subject to tacit acceptance, meaning the amendments become obligatory on a specified date unless parties expressly object. Any failures of the US to issue effective and timely implementing regulations can probably be attributed to political and budgetary considerations.

25

[QUOTE=RichM;147816]Last year during a COI, I brought to the USCG’s attention numerous violations of the STCW rest requirement’s on the vessel I was employed. The response I received was “we do not get involved in labor issues”.[/QUOTE]

You have no standing to sue anyone for this.
What you should do is befriend your union and then continually notify your employer every time the STCW rest requirements are violated on your vessel and keep thorough documentation. You will need your union’s support when you get fired and/or passed over for promotion.

26

[QUOTE=c.captain;147934]I have also never once heard of the US Senate voting to ratify any IMO treaty[/QUOTE]

They ratified STCW a few years after it was first adopted in 1978. Everything since then has been amendments to that (ratified) convention.

27

I was not fired. Part of the COI inspection was the STCW log. When the USCG asked to see the log I produced log and mentioned to the inspector if he was to match the crews overtime sheets with the STCW log he would find discrepancies. The whole point of bringing the problem to the CG’s attention was to force the company to employ another 3M for watch purposes. The CM is overburdened with work. The 2nd and 3rd mates work excessive hours standing watches for the CM so he can perform all duties required, in addition to standing a sea watch. All watch officers involved in operation of vessel were in violation of STCW rest requirements. Nobody was complaining because they did not get a smoke break. As of this date, the grievance is still in arbitration, at a standstill as the company in question refuses to provide overtime records. 50-60 hrs overtime per week, in addition to 8 hrs of daily watch per day is why I was whining. Coastwise voyage, standing sea watches,work 18-24 hours in port, without adequate rest, then sail overnight to repeat is a little excessive in my book. The CM was not included in port duties, so it’s all on the 2nd and 3rd mates. Poor me. Poor poor me.
As for seeking a lawyer to consult with, that was regarding a separate matter. I’m sorry for any confusion I have caused.
My latest “complaint” is in regards to the union not providing accurate information to the members when they are seeking employment on contracted vessels. I ship off the board and must travel to different ports to obtain employment. When I spend time and money to travel, only to arrive and discover the information the union provide is not accurate, and I do not, or cannot obtain employment because of that, I get pissed off. The inaccurate information supplied is a result of inept or generally incompetent practices that the leadership refuses to address. They do correct the discrepancies when brought to their attention, but the problem persists, and has for years.
All I want is for all members to have equal and fair opportunities for employment.

28

let me guess you were on a coastwise tanker?

those God forsaken vessels have always been maneaters…it is the nature of the beast and you either love all the OT and stay or you hate it and go to the GoM.

sorry for you that the USCG is not too interested in enforcing the work hours regulations of the STCW but you somehow mistakenly believe they give a shit for the rights of the mariner…

then you bitch about the corrupt system of how jobs are dispatched by the unions which is not news to anyone here. AMO plays favorites with all the good footsoldiers who love to fork over big chucks of their vacation pay over the PAC never to be seen by anyone ever again. The MMP and MEBA protect their esteemed ancient old and worthless A book “refuse to retire or die” members at the expense of the young, energetic and able B & C books, (forget about the miserable applicants…they are garbage even if they might have 20 years of experience working outside the union).

You think you are alone and somehow only you are harmed by all this?

poor you…poor, poor you!

29

c.captain,

With all due respect, AMO playing favorites with people who pay the VPAF is old school. I haven’t paid in over 5 years and have worked steady on some of their better paying ships. Even before that, I was very erratic in the way I paid. I would skip a couple of years then pay it for a couple. I had heard the stories but I could never discern any difference in job opportunities. Granted, you don’t want to sign that little slip they send with your vacation pay. You will be required to write a letter to cancel it out. They do hammer us though in the union rag and the meetings to pay it. I would say that the VPAF being linked to getting a job went out when the union moved out of Brooklyn.

[QUOTE=c.captain;148206]let me guess you were on a coastwise tanker?

AMO plays favorites with all the good footsoldiers who love to fork over big chucks of their vacation pay over the PAC never to be seen by anyone ever again. The MMP and MEBA protect their esteemed ancient old and worthless A book “refuse to retire or die” members at the expense of the young, energetic and able B & C books, (forget about the miserable applicants…they are garbage even if they might have 20 years of experience working outside the union).

poor you…poor, poor you![/QUOTE]