AN INJURY TO ONE IS AN INJURY TO ALL



 

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LA - ITF Wins huge for Burmese
Story by Captain Rudy Vanderhider ITF
January 18, 200

Last Tuesday night the Burmese crew of the APL Mexico called me here in Los Angeles due to serious problems onboard. I had been on the ship a month earlier getting one of them repatriated due to a broken arm, At that time it became apparent that the men onboard were making far less than ILO minimums: average wages were 350 usd per month 65 hour work week, the men were made to buy their soap and gloves, and given tight rations of food. Officers on the ship, East Europeans were handled far better by the owner.

After my first visit I ran the ship through ITF London's data system, As it turned out the ship was under ITF contract and the crew was entitled to a huge back wage claim 90,000 usd's at least. Early in December I faxed a letter of intent to the vessels owner in Germany. The letter went Un-answered until the ship returned to Long beach last week. The crew was very assured that local Union labor would not turn their backs on this situation or a picket if it came to that.

As it turned out with all 13 Burmese seafarers standing down the ship could not sail under its safe manning certificate which mandates a safe compliment of crew. The ship was due to finish and sail at one in the morning that night. The vessel was obviously going to go off hire. Pending the arrival of joining crew and any money owed. The owner was frantic at the idea of loosing his charter for at least two days. It was kindly pointed out to him that he had been issued a fair request (Warning) by the ITF Inspector and chose to ignore it.

As the evening wore on the situation became more and more intense. The crew was positive that the owner could not be trusted. The day prior to the ships arrival they had been given a false set of books with accurate ITF wages to sign in the event of my arrival. They refused to sign and decided that they would sail no more and take me up on the offer to intervene. I had left my only copy of an earlier Dispatcher showing the harsh labor situation in Myanmar (Burma). They said that they knew they could trust the ILWU after reading our support.

The problem of course was the ships movement. The only real hammer was the shipowners charter. He would repatriate the crew due to US law, but would probably not pay the wages disputed. After a very heated series of phone calls now with the owner himself, a compromise was gotten at. The men would sail on to Manzanillo Mexico. The owner would fax the ship a formal letter describing the terms of the agreement. At about three in the morning the fax arrived.

The crew was shown the fax by myself, they were only communicating with the owner through me at this point. They refused the offer flatly, they insisted that I would have to be present in Manzanillo to witness on their behalf. I  soon returned from the bridge with a revised agreement from the owner  including this provision.
On Wednesday I flew to Manzanillo in the evening. All day Thursday spent meeting agents and seeing the harbor etc. On Friday at 0300 the ship arrived.

I joined the crew again at 0700 onboard. They were ecstatic to see me. Truly scared at the idea of being abandoned or forgotten. The Captain and agent set out to calculate the final wages owed with my help and prodding. The final figure was a large sum indeed. At 1430 an armored car rolled up to the ship. Several shotgun-wielding guards saw a package delivered onboard. At 1530 the crew filed in as a unit to collect their hard earned Union money. Each man received his pay and a legal letter on indemnity drawn up by me and signed by the captain as legal agent for the owner. His seaman's book was returned with no remarks to hurt him.

The Airport the next day was the clincher. Per my request the men were to receive armed escort until their flight from Mexico City that night. I was flying back to LA an hour after they departed for home. When they saw me again at the airport, there was not a dry eye. A large group parting friends would be the observation I think. Truth was that it was much more, it was labor and the ILWU at it's very best. A group of exhausted men who knew each others metal, Changed and stronger for what is important, Harry would be
proud of this.

It should be noted that the ITF provided the means for us to do the right thing at a moments notice. The whole of the ILWU wins every time we give justice to a person that has none. May you all be proud for your membership.

Captain Rudy Vanderhider 36737
ITF Inspector - Southern Cal.

The guys and their cash

 
 

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