I’m going to go on a limb here and say, I’m doubtful any laws were broken in this circumstance. I’d find it difficult to believe that Sealift, Inc. would burn their relations with SIU, AMO and the federal government/MSC. Most of Sealift’s work is federal contract work, with several of their vessel’s under long-term MSC charter…Sealift has four contract-owned/contract-operated vessel’s in MSC’s fleet.
Have you seen the SIU job board’s lately? Pages of jobs…I’m sure the feds granted Sealift, Inc. a waiver to employ a number greater than 25% foreign nationals onboard as unlicensed (plus, I think the actual regs for this are more nuanced than I can remember now). Number one priority is that the job is getting done. I believe this is an MSC cargo contract, though, the Winter’s herself is not part of the MSC fleet; however, I’m not 100% certain.
If you feel concerned, that’s fine…feel concerned. I, however, might exercise a little better judgement.
And why is that? Answer: inadequate compensation. Sealift definitely has a reputation as bottom of the barrel pay wise… Is there a lower paying contract out there than Sealift?
Let’s assume you are correct in that Sealift has gone through all proper channels to get these foreign nationals onboard. Now that they’ve successfully displaced these US mariners, what exactly is Sealift’s incentive to bargain in good faith at the next round of contract negotiations? Do you think other companies have taken notice if this as well?
My only hope is that SIU only signed off on this with the stipulation that the Poles were to receive the SIU contract wages.
I think this should concern all of us. How soon before Chouest applies for a similar waiver because they “can’t find crew”?
I’m not an attorney, but I think there is some confusion on this board about the “25%” rule.
This is what the law says: 46 USC 8103(B):
(B)
not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence.
I don’t believe the law allows foreign nationals (Poles, Filipinos, Indians, etc.) who are not residents of the US to serve as a member of the crew of a US-flagged vessel. This is particularly true when the US-flagged vessel is under contract with the United States government.
How do you know they have not been granted residence status? You don’t. You’re assuming.
From where do you gather “particularly with government contracts”? Would you rather see, as sometimes happens, contracted cargo hauled on a foreig-flagged hull because there is no US-flagged vessel capable to do the job?
For vessels on registry under a federal contract there is more leeway to waive rules to get the job done.
If you are concerned, contact the proper authorities and go through the proper channels.
If you are so gung-ho on saving the American Mariner, then why the hell leak the sensitive information of the exact people you claim to so voraciously want to protect? Makes no sense to me.
They list their nationality as Polish and they have a Polish passport. All other aliens listed on the Crew List identify their nationality as US and they have a US passport.
My wife was a temporary resident for 2 yrs then a permanent resident for 5 yrs & only had her native country passport. She didn’t get a US passport until she became a US citizen. I’ve worked with Mexican & Honduran nationals that were legal US residents with Z-Card’s/MMC’s. What @Rustee suggests is possible.
That’s funny. Chouest “couldn’t find crew” fifteen years or so ago to work in their shipyards. They managed to get visas for Eastern European welders to work for half what the local guys would work for. Very few US workers in their yard at the time.
But as long as they can get US crew for their boats it may be cheaper now than going thru the hurdles of getting a waiver for foreign crew. If it was not you can bet they would. Actually might raise the average knowledge level. The Romanian shipyard workers sure introduced some new DNA in the bayou.
I believe Sealift has increased compensation to align more with the median re: SIU wages.
That said, the 10 pages of open jobs are obviously not all Sealift; furthermore, SIU entered into a contract with Sealift wherein the wages and union fees are enumerated, shouldn’t the unions be made to supply the mariners?
