What about the case of the mariner that submits a letter of resignation giving reasonable time to find a relief, say 72 hrs?
Is the CG going to argue that was not reasonable because the mariner knows nobody will get hired if no pay? The problem for the mariner is the risk, of just being hassled by the CG if nothing else.
I know many of the units are not working. What units are working and carrying cargo to help the bottom line? They do have some good equipment left. Any of you fellow mariners see at least some of their stuff working?
Jody prolly doesnāt care when he comes homes lol sorry inside joke
Iād assume nothing is moving until payroll is met.
Well to file a writ of habeas corpus the affected party has to be under detention. Since the USCG has ordered the Masters and owner to maintain minimum manning,?mariners are being told by the employer that under the responsibilities of their voluntarily aquired MMC, they may not abandon the vessel if it would cause a hazardous condition. no one has them under lock and key. They can call a launch and get off. There just may be consequences to their actions.
The conductor cannot jump out of a moving train, a pilot cannot leave a flying plane, and these unfortunate mariners cannot leave the vessels until they are either relieved or vessel is secured and barges certified as gas free at a suitable berth. It sucksā¦ but that the way it has panned out.
The USCG is detaining them onboard with threats and coercion of adverse legal action.
The government operates minimum security prisons and halfway houses where it is quite easy for detainees to escape. The detainees simply face a choice: stay or face adverse legal consequences. Not much different here.
The USCG has the authority and ability under Ports and Waterways Act to detain the vessels, secure them, and release the crew. The USCG is simply choosing to detain the crew and force them to continue working indefinitely without pay in involuntary servitude, instead of detaining the vessels.
Obviously, the crew cannot just abandon the vessels underway and let nature take its course, but neither can the government detain the crew onboard to operate the vessels without pay indefinitely.
Itās up to the individual judges in various jurisdictions where the vessels are located to determine where to draw the line. I think a judge might well order that the USCG must secure the vessels (or put new crew aboard) and release the crew within a certain time (and it would be a relatively short time, perhaps a day of two). I think itās also quite likely that different judges would be more, or less, sympathetic to the crew, and reach different decisions.
I think that having to publicly defend multiple writs of habeas corpus, and false arrest, section 1983 civil claims, and explain that to the public, press, and Congress, would put a lot of pressure on the USCG to bring these vessels to secure berths and release the crews.
Of course, the USCG could put their own personnel aboard to operate the Bouchard vessels, or hire a government contractor with commercial crewmen to do it. There seem to be enough marinerās looking for jobs, and government contractors, like Chouest, Crowley, Liberty, Seaward, etc., available
tie them to a dock, hand over to the mate, resign, tell the office its safe and get off.
The jumping off a moving vehicle analogy obviously doesnāt apply here.
While itās true the truck is not parked at the company loading dock itās not rolling down the highway either. Itās parked at a truck stop just outside of town and there are plenty of qualified truck drivers willing to take the wheel, but the drivers have a requirement that they must be paid.
Itās likely the case that people will only take cash at this point and for Bouchard cash is likely a high cost item. Itās understandable from Bouchard standpoint not to want to pay but itās less clear why the COTP wants to help them avoid paying.
so how long do you stay, its a game only winner is bouchard?
What kind of slave country do you work in where you cant resign and go?
We all have professional skills/responsibilities so iām not saying swim away but tied to a dock its goodbye after filling in the required paperwork
If the USCG arrests the vessels and gets a court order appointing a āsubstitute custodianā to care for the vessels, that will be paid when the vessels are sold, there will be a long line of eager vendors anxious to be appointed substitute custodians. Paying the substitute custodian is part of the courtās administrative expenses, and is the highest priority lien on the vessel. The vessels are going to sell for more than the cost of the courts administrative expenses.
Any creditor, including crewmen, or the USCG, could file an involuntary bankruptcy petition against Bouchard, or seek the appointment of a trustee to run the company.
As soon as vessels are arrested, Bouchard will file for Chapter 11 bankruptcy within 20 days.
Itās basically extortion. Bouchard is getting the benefit of what is essentially a low cost loan from the crews while the COTP is providing the coercion in the form of a threat against marinerās documents.
Unless those rigs are at a dock, I would have a bit of concern the improbable manning of the vessels by the USCG. They are shorthanded enough, and completely different skill set. Aināt gonna happen.
Generally under UK and Commonwealth law the Sheriff (acting for the high court) will engage a shipping company to manage the layup of the vessels at a dock of the shipping companies choosing. The company has a contract with the court.
Seamenās wages are covered by an Act of Parliament, the Martine lien specifically includes them and while a union will generally be involved the court itself enforces the lien. Fast talking bank lawyers go to the back of the queue.
Letās not forget before telling us to just call a launch and jump off the boat. The Coast Guard basically owns your MMC and can just push a button and suspend it. Now weāre really out of a Job
I disagreeā¦ a 130000 bbl barge on gas bottoms anchored near a major shipping fairway is not in any way like a truck parked at a truck stop?
And I doubt you could find many if any mariners that are willing to relieve them with the current status of Bouchard?
I am not in any defending how the situation developed, but it is more difficult to resolve than just jump off and run away. Those who say the USCG should just take over the vesselā¦ ok by who? The coast guard does not train their crews to operate or even baby sit these types of vessels at anchor? Who will pay for berthage, tank cleaning and gas freeing, security watch once all that is done? There are no simply solutionsā¦ just a lot of difficult decisions.
My guess is the COTP would like as much as anyone for the courts to wade in with some clarity.
Itās your analogy
. [quote=āschoonerman, post:87, topic:54225ā]
The conductor cannot jump out of a moving train, a pilot cannot leave a flying plane,
[/quote]
Iām saying it doesnāt work here.
Iāve crew changed at anchor many time. There is no shortage of mariners who are qualified and hold the proper credentials to work on an ATB. The problem is they have a requirement to be paid.
Donāt forget that each Bouchard unit is a separate corporate entity. And the coast guard is not a US Marshal service? Insolvency of a company in of itself does not result in USCG action. The USCG is required to protect the safety of people, the environment and assets. They have no mandate to protect wages? With the COTP order they have established measures and mitigations to ensure safety. The wage dispute is a civil matter and is currently being pursued in civil court system. I guess when a court order to sieze the vessels is established the USCG may coordinate with US Marshalls on a safe transition plan.
It really does not matter to the coast guard what the reason is that the crew cannot be changed right now. It is a civil matter.
Your explanation makes no sense? We are not discussing planned crew changes. Yes trained people do it all the timeā¦thatās the rubā¦ there are no trained people that will do it as long as it is a BTC controlled vesselā¦ BTC has advertisments up everywhere looking for all positionā¦ but very very few applications.
the Merchant Marine Act of 1920, specifically Section 31 that allowed crew to demand one-half of their pay owed to them when in port. It goes on to say, āAny failure on the part of the master to comply with this demand shall release the seaman from his contract.ā
In the present day, the crewmembers are not being held by the masters, but instead by their own government, specifically the United States Coast Guard. Bouchard forfeited their rights to direct the crews on board the vessels when their contracts ended, and they failed to pay them.
I get stressed out if I have to work over for a long period of time. My close family members get stressed out when I have to work over for long periods of time. If I had to work over with no foreseeable end in sight plus I wasnāt getting paid I & members of my of family would be batshit crazy. Batshit crazy is covered under the Family Leave Act. If it were me, I wouldnāt care what Bouchard or the COTP said, Iād get the hell off that tug. Let the judges & lawyers figure it out while theyāre in a court room looking at my crying kids & wife when they say they needed their dad & husband home for mental health reasons.
āEmployees can have up to 12 weeks of unpaid leave for child birth, adoption, to care for a close relative in poor health,ā¦ā