Bouchard? Still in business?

Professional Mariner Forum
265

beach them and get off or get sick and go to hospital

266

Bad advice friend

267

get sick and go to hospital, stress related…no pay

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268

So I’ve been trying to sift through the various USC, CFR, Case Law, but keep falling behind the discussion being posted. Anyway it brings a couple of comments and questions. US Regs are a pain to establish which is applicable. I think this whole thread is a valuable eye-opener for our industry here since this does not come up very often and quite obviously not cut and dry.

  • Can the USCG require the crew to remain onboard?

    1. The Feb 10 COTP orders for the BTC vessels anchored off Port Arthur, TX cited 33 CFR 164.19 Requirements for vessels at anchor: “The master or person in charge of each vessel that is anchored shall ensure that: a) A proper anchor watch is maintained; https://www.law.cornell.edu/cfr/text/33/164.19
    2. So based on this it appears the USCG was simply pointing out that the Master must require the appropriate manning level of crew to remain on board. Additionally supported by 46 CFR 140.210 Responsibilities of the master and crew (Subchapter M. Towing Vessels) https://www.law.cornell.edu/cfr/text/46/140.210

  • Can the Crew just quit?

    1. See 46 USC 11501 Penalties for specified offenses - This under Merchant Seaman Protection and Relief “When a seaman lawfully engaged commits any of the following offenses, the seaman shall be punished as specified: … 3) FOR QUITTING THE VESSEL WITHOUT LEAVE after the vessel’s arrival at the port of delivery and before the vessel is placed in security, the seaman forfeits from the seaman’s wages not more than one month’s pay.” https://www.law.cornell.edu/uscode/text/46/11501
    2. My question: What is considered “placed in security” ?

  • Can the crew start selling vessel equipment (pretty sure this suggestion was a joke…but no)

    1. Also 46 USC 11501 (7) : “For willfully damaging the vessel, or embezzling…the seaman forfeits from the seaman’s wages the amount of the loss sustained…may be imprisioned for not more than 12 months.”

  • The crew not getting paid?

    1. Does anyone know if the crew is under Articles?

    2. Not sure if these vessels are subject to 46 USC 10502 Shipping articles agreements (for Coastwise Voyages)? If so then it appears the “agreement is not like the “articles” i’m used to but can simply be the agreement signed when the mariner was hired. It does not, per the code, have to spell out when the agreement ends or the manner of payment https://www.law.cornell.edu/uscode/text/46/10502

    3. Interestingly, unlike the non-coastwise regs, coastwise specifically does not require the seaman to be paid within 2 days of the termination of the agreement (ie: if the mariner quit in this case)https://www.law.cornell.edu/uscode/text/46/10504

  • Are the crew owed a penalty wage for the withholding?

    1. Case Law would suggest in this case they may not be: “The wrongful withholding is not enough to give rise to penalties. The employer’s action also must be arbitrary, willful or unreasonable (Admiralty and Maritime Law, 4th Ed. Schoenbaum)….Insolvency of the vessel…have all been deemed fair reasons to deny payment with not penalty attached." https://mblb.com/admiralty-maritime/paying-a-seamans-wages/

  • What about the boats that are docked.?

    1. Barbara E Bouchard is moored at the Martin Energy Dock in Port Aransas

    2. USCG LT John Edwards: “They are not in any waterway or any situation that could be potentially dangerous, “ https://www.kiiitv.com/article/news/local/tug-boat-crew-prevented-from-leaving-vessel/503-cd0d1bf8-f149-43de-83fe-8c32e274381c

    3. I don’t see any regulation preventing that crew from leaving.

  • What else can the USCG do?

    1. LT John Edwards: “Federalizing it would mean the Coast Guard would assume responsibility of the boat”
    2. This might set a precedent, but he makes it sound like an option that is available to them

Sorry that is so long, but there’s a lot to unpack for this situation.

4 Likes
269

You might have to report that on a future CG physical, say it’s a family member & it’s a family emergency instead. No reasonable court or review board would ask a person to prove the mental fitness of a loved one.

271

wheres the headline news, USCG keeping unpaid crew against their will onboard vessels of bankrupt company?

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272

I don’t disagree, but a young AB with a wife, kids, and a mortgage isn’t going to be able to save the money up that a captain/chief with a paid off house and an empty nest will be able to.

The bottom line is that people expect to get paid, and if they aren’t getting paid then it’s a reasonable expectation that they should be able to leave so they can get a job that will pay them.

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273

You’d think the unions would be all over this and use it as a recruiting tool by providing legal support pro bono but they’re too shortsighted .
Get a gaggle of reporters from the nearest TV stations and newspapers to come aboard and report your situation. US Mariners Abandoned and Forced to Work Without Pay!
The wires will pick up the story and it’ll hit the international news circuit within 24 hours. Politicians will scramble to hold press conferences to express their indignation. That ought to get the wheels of justice to turn a little faster.

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275

I agree. The mariners that lied to coast guard during coast guard boarding before the 255 are certainly responsible.

276

unsafe is one thing, if the office refuses to replace you how long to you stay…couple of years?

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277

This thread is starting to spin in circles, time for a new thread? Bouchard Updates or similar?

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278

5 posts were split to a new topic: Bouchard crew concerns