What are the legal rights of the Master of a coast guard inspected passenger vessel operating in US waters with respect to enforcing crew discipline and dealing with insubordination? I have been trying to find something in the CFR but I haven’t found anything yet that explicitly states the legal rights of the Master.
Does anyone have any resources they can share? Is it best to just call a lawyer and ask them?
Not being a lawyer but a mariner. I would consider 46 U.S. Code Subtitle II Chapter 115 Part G - Offenses and Penalties. Trying to obtain an understanding the responsibility of a Master as laid out by Congress.
Then possibly a book “Maritime Law DeskBook” by Charles M. Davis and then definitely meet with your maritime lawyer.
If you’re asking you’re either working for the wrong company or have a couple screws loose. Just follow your company’s policy. If your company doesn’t have policies for rule breakers, discipline & insubordination then move on in my opinion. I’m pretty sure the uscg doesn’t want to hear about such things.
I’d hope that whatever company or union you are working for has a standard policy for documenting progressive discipline up to and including termination. And an HR department. That’s the way most people and companies handle things like insubordination.
But perhaps this is what you are looking for if you are feeling like doling out some light confinement and wage garnishment:
46 U.S.C. § 11501
§ 11501. Penalties for specified offenses
When a seaman lawfully engaged commits any of the following offenses, the seaman shall be punished as specified:
(4) For willful disobedience to a lawful command at sea, the seaman, at the discretion of the master, may be confined until the disobedience ends, and on arrival in port forfeits from the seaman’s wages not more than 4 days’ pay or, at the discretion of the court, may be imprisoned for not more than one month.(5) For continued willful disobedience to lawful command or continued willful neglect of duty at sea, the seaman, at the discretion of the master, may be confined, on water and 1,000 calories, with full rations every 5th day, until the disobedience ends, and on arrival in port forfeits, for each 24 hours’ continuance of the disobedience or neglect, not more than 12 days’ pay or, at the discretion of the court, may be imprisoned for not more than 3 months.
(6) For assaulting a master, mate, pilot, engineer, or staff officer, the seaman shall be imprisoned for not more than 2 years.
I’d note two things: 1) There’s a logging requirement in 11502; and 2) I’m definitely not a lawyer and this may not be correct.
We documented an insubordinate SIU AB… ended up being like fifteen detailed pages, culminating with him telling the captain to fuck himself in front of other officers, another AB and the pilot.
All this was submitted after his dismissal from the vessel. The SIU deemed it an unjustified firing and he was able to rejoin another vessel with the company shortly after returning home. The USCG received a report as well and they ghosted us completely. Everyone is terrified to enforce the rules and enforce good order and discipline. As for imprisonment? You’d be hard charged to find anyone who ever served a day behind bars for assaulting a ship’s officer in the last probably 50+ years, I’m betting.
You have said a lot in your response about the support provided by each responsible parties in the enforcement of the relevant rules, regulations, codes and guidelines.
To the OP:
So you are left with the possibilities that, (1) you may be working for the wrong company, (2) that the remedy is to think about moving on especially before it becomes a problem that goes beyond internal to an external issue.