MERCHANT MARINE AND FISHERIES ONE HUNDRED SECOND CONGRESS SECOND SESSION ON H.R. 1126 A BILL TO EXTEND THE COVERAGE OF CERTAIN SEPTEMBER 23, 1992 Serial No. 102-103 Printed for the use of the Committee on Merchant Marine and Fisheries 60-736 ун U.S. GOVERNMENT PRINTING OFFICE For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 ISBN 0-16-039884-3 CARROLL HUBBARD, JR., Kentucky W.J. (BILLY) TAUZIN, Louisiana THOMAS M. FOGLIETTA, Pennsylvania GEORGE J. HOCHBRUECKNER, New York GREG LAUGHLIN, Texas NITA M. LOWEY, New York JOLENE UNSOELD, Washington GENE TAYLOR, Mississippi GLENN M. ANDERSON, California JACK REED, Rhode Island WILLIAM J. JEFFERSON, Louisiana ENI F.H. FALEOMAVAEGA, American Samoa H. MARTIN LANCASTER, North Carolina LUCIEN E. BLACKWELL, Pennsylvania ROBERT W. DAVIS, Michigan NORMAN F. LENT, New York JACK FIELDS, Texas HERBERT H. BATEMAN, Virginia HELEN DELICH BENTLEY, Maryland CURT WELDON, Pennsylvania WALLY HERGER, California PORTER J. GOSS, Florida ARTHUR RAVENEL, JR., South Carolina SONNY CALLAHAN, Alabama WAYNE T. GILCHREST, Maryland RANDY "DUKE" CUNNINGHAM, California EDMUND B. WELCH, Chief Counsel MARY J. KITSOs, Chief Clerk GEORGE D. PENCE, Minority Staff Director/Chief Counsel SUBCOMMITTEE ON MERCHANT MARINE CARROLL HUBBARD, JR., Kentucky, Acting Chairman ROBERT A. BORSKI, Pennsylvania OCEANS 76.8 .4583f NORMAN F. LENT, New York HERBERT H. BATEMAN, Virginia RANDY "DUKE" CUNNINGHAM, California SAMUEL WHITEHURST, JR., Counsel (II) He e Sta CONTENTS Page 48 Brady, John F., Executive Director of Congressional and Legislative Af- fairs, American Maritime Officers, District 2, MEBA, AFL-CIO (pre- 121 Corrado, Ernest J., President, American Institute of Merchant Shipping (AIMS) (prepared statement)... Cullison, Alexander C., President, National Marine Engineers' Beneficial Association (MEBA); and President, District 1, MEBA/National Mari- Estes, John T., President, International Council of Cruise Lines....... Hubbard, Hon. Carroll, a U.S. Representative from Kentucky, and Acting Chairman, Subcommittee on Merchant Marine.... Lent, Hon. Norman F., a U.S. Representative from New York, and Rank- ing Minority Member, Subcommittee on Merchant Marine..... Loree, Philip J., Chairman, Federation of American Controlled Shipping... Tarrant, James R., Acting Deputy Assistant Secretary of State for Trans- portation Affairs, Assistant Secretary for Economic and Business Af- Prepared statement... Additional material supplied: Cullison, Alexander C., and Talmage E. Simpkins (National Marine Engi- Hon. Lynn Martin, Secretary of Labor, letter dated 25 February 1992, Alexander C. Cullison, letter dated 28 February 1992, to the Secre- Hon. Roderick A. DeArment, Deputy Secretary of Labor, letter dated 20 June 1990, to Hon. William Clay, Chairman, Subcommittee on Talmage E. Simpkins, letter dated 25 September 1992, to Hon. Car- roll Hubbard, Jr., Acting Chairman, Subcommittee on Merchant Talmage E. Simpkins, letter dated 29 November 1989, to Auke (III) Additional material supplied-Continued Cullison, Alexander C., and Talmage E. Simpkins (National Marine Engi- Talmage E. Simpkins, letter dated 25 September 1992, to Hon. Car- Auke Haagsman, Delegation of the Commission of the European Subcommittee on Merchant Marine (staff): Memorandum of September 11, 1992, to Members of the Subcommit- H.R. 1126 "To extend coverage of certain Federal labor laws to Communications submitted: Department of Justice (W. Lee Rawls): Letter to Hon. Walter B. Jones, dated 9 October 1991... Page 153 136 46 56 Department of State (Janet G. Mullins): Letter to Hon. Walter B. Jones, dated September 25, 1991.. FEDERAL LABOR LAW COVERAGE TO WEDNESDAY, SEPTEMBER 23, 1992 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON MERCHANT MARINE, COMMITTEE ON MERCHANT MARINE AND FISHERIES, Washington, DC. The Subcommittee met, pursuant to call, at 10 a.m., in room 1334, Longworth House Office Building, Hon. Carroll Hubbard, Jr. (Acting Chairman of the Subcommittee) presiding. Members present: Representatives Hubbard, Taylor, Hertel, Tallon, Unsoeld, Lent, Fields, and Callahan. Also present: Representative Bentley. Staff present (Subcommittee on Merchant Marine): Samuel Whitehurst, Jr., Counsel; Carl W. Bentzel, Counsel; Sharon K. Brooks, Counsel; Theresa Antoine, Staff Assistant; Kip Robinson, Minority Counsel; Ann M. Mueller, Clerk. (Committee on Merchant Marine and Fisheries): Edmund B. Welch, Chief Counsel; George D. Pence, Minority Staff Director/Chief Counsel; Margherita Woods, Chief Minority Clerk; and Sue Waldron, Press Assistant. OPENING STATEMENT OF HON. CARROLL HUBBARD, A U.S. REPRESENTATIVE FROM KENTUCKY, AND ACTING CHAIRMAN, SUBCOMMITTEE ON MERCHANT MARINE Mr. HUBBARD. The Subcommittee on Merchant Marine will now come to order. Today, the Subcommittee on Merchant Marine meets to receive testimony on H.R. 1126, as introduced and as amended by the Committee on Education and Labor.* The bill, as introduced, extends the protection of the National Labor Relations Act ** and the Fair Labor Standards Act *** to foreign-flag vessels operating within the waters of the United States. This bill was introduced by Mr. William Clay of Missouri, and there are currently 73 cosponsors, of which I am one. [EDITOR'S NOTE: Congressman Clay's record statement can be found at the end of the hearing.] Mr. HUBBARD. Specifically, the original bill applies to foreign-registered vessels that, one, are regularly engaged in transporting passengers to and from U.S. ports; two, are regularly engaged in transporting cargo in the foreign trade of the United States and are See House Report 102-984, Part 1, dated October 2, 1992; and Committee on Education and Labor (Subcommittee on Labor Standards) Printed Hearing No. 102-70 (October 10, 1991). National Labor Relations Act (NLRA) (29 App. U.S.C. 151 et seq.). Federal Labor Standards Act (FLSA) (29 App. U.S.C. 201 et seq.). (1) |