Hearing on H.R. 1517, Foreign Flag Ships: Hearing Before the Subcommittee on Labor Standards, Occupational Health, and Safety of the Committee on Education and Labor, House of Representatives, One Hundred Third Congress, First Session, Hearing Held in Washington, DC, May 13, 1993, Հատոր 4U.S. Government Printing Office, 1993 - 126 էջ |
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AFL-CIO ANDREWS apply BALDERAS BALLENGER bill billion cargo Chairman MURPHY classification society Coast Guard comity commerce committee companies compete competitive Congress costs Court crew cruise industry cruise lines cruise ship domestic economic employees enforce extend Fair Labor Standards FALEOMAVAEGA FAWELL flag of convenience fleet foreign flag ships foreign flag vessels foreign seamen GODWIN going high seas Honduras IMO standards impact inspection International Labor International Labor Organization international law international maritime international shipping jurisdiction Labor Organization Labor Standards Act legislation Liberia Louis Parise maritime industry maritime unions minimum wage open registry owners Panama passenger cruise Price Waterhouse problems protection regulations retaliation runaway safety SCHNEIDER seafarers Seafarers International Union ship operators shipboard shipowners Subcommittee talking Terry Turner Thank treaty U.S. flag ships U.S. flag vessels U.S. labor laws U.S. laws U.S. ports United States ports workers
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Էջ 84 - Each state shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the state whose flag they are entitled to fly.
Էջ 7 - And so by comity it came to be generally understood among civilized nations that all matters of discipline and all things done on board which affected only the vessel or those belonging to her, and did not involve the peace or dignity of the country, or the tranquillity of the port, should be left by the local government to be dealt with by the authorities of the nation to which the vessel belonged as the laws of that nation or the interests of its commerce should require.
Էջ 25 - I want to thank you for providing me with the opportunity to...
Էջ 84 - There must exist a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
Էջ 125 - Sea (3d rev. ed. 1954), 222-223. The possibility of international discord cannot therefore be gainsaid. Especially is this true on account of the concurrent application of the Act and the Honduran Labor Code that would result with our approval of jurisdiction. Sociedad, currently the exclusive bargaining agent of Empresa under Honduran law, would have a head-on collision with NMU should it become the exclusive bargaining agent under the Act.
Էջ 125 - Therefore, we find no basis for a construction which would exert United States jurisdiction over and apply its laws to the internal management and affairs of the vessels here flying the Honduran flag, contrary to the recognition long afforded them not only by our State Department
Էջ 125 - American contacts and therefore necessarily presume the validity of the "balancing of contacts" theory of the Board. But to follow such a suggested procedure to the ultimate might require that the Board inquire into the internal discipline and order of all foreign vessels calling at American ports. Such activity would raise considerable disturbance not only in the field of maritime law but in our international relations as well.
Էջ 124 - While here the Board has violated no specific prohibition in the Act, the overriding consideration is that the Board's assertion of power to determine the representation of foreign seamen aboard vessels under foreign flags has aroused vigorous protests from foreign governments and created international problems for our Government. Important interests of the immediate parties are of course at stake. But the presence of public questions particularly...
Էջ 7 - We note that both of these points rely on additional American contacts and therefore necessarily presume the validity of the "balancing of contacts" theory of the Board. But to follow such a suggested procedure to the ultimate might require that the Board inquire into the internal discipline and order of all foreign vessels calling at American ports.
Էջ 125 - This would inevitably lead to embarrassment in foreign affairs and be entirely infeasible in actual practice. The question, therefore, appears to us more basic; namely, whether the Act as written was intended to have any application to foreign registered vessels employing alien seamen.