Effective Manning of the U.S. Merchant Fleet (1984) / Chapter Skim
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Appendix C
Appendix C
Pages 99-114
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From page 99... ...
These requirements are set out in the Certificate of Inspection issued to the vessel. In the mat familiar and customary form, a Certificate of Inspection calls for a licensed master, three mate=, three or four licensed engineers, enough sailors to have three per watch, and enough unlicensed engine-room personnel on a steam vessel to have three per *
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From page 100... ...
The oddity of ·seaman. is that it includes licensed officers, cooks, staff personnel, waiters, musicians, and more, but is sometimes confused with ·sailor, ~ a term traditionally reserved for seamen with deck department dut ies .
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From page 101... ...
It imposed at least two watches on sailors and did not include coal passers among those enumerated for achier watches. Today's application was introduced in 1936 to cover licensed officers, move sailors to the three-watch system, and add coal passers.
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From page 102... ...
When a vessel is required to have four licensed engineers by its certificate of inspection, no one has ever questioned that the chief engineer need not, and in fact does not, stand a watch. The law must be taken to understand that the duties of some seamen traditionally involve watchstanding while those of others, especially food handlers and many supernumeraries (e.g., musicians, librarians, and supercargoes)
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From page 103... ...
Indeed, he could have chosen a six-watch system with quar telecaster and lookout on each . By quoting an earlier court of appeals decision, the Supreme Court silently construed the words Ordinary work incident to the sailing and management of the vessels as including capability in each watch to meet fall exigencies of the intended route.
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From page 104... ...
~ Since the petitioner was not of a class offended directly by the watch-law ~ iolation, seamen is construed in the broad sense: any per con employed aboard other than the master . The mates, the licensed engineers, and the cooks all are entitled to discharge if there is a breach.
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From page 105... ...
Since no other persons were required in the engine department and unattended engine room was a factor, it is cause for apprehension that the court nearer considered the possiblity that the law attached only to seamen whose work performance involved watchstanding duties, or whether, if the requirement had been for unlicensed engineer personnel not enumerated in the statute, the result might have been different. There was no thought given to the basic reality that it is the master who is ultimately responsible for netting watches and not the administrator who is, on that particular point, authorized only to set the complement required.
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From page 106... ...
If the plaintiff feared that a new manning requirement for less than three licensed engineers might be forthcoming, regardless of who stood or did not stand watches or pert arm day war k, the suit might have used some ready-to-hand statute merely to get into court and direct the attention of the administrator. If that be the case, the result can be seen as a victory for the plaintiff since the administrator has not in fact reduced the requirement.
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From page 107... ...
appears in a chapter entitled Unlicensed personnel, licensed officers including masters must possess this document. Of potentially greater impact is that the document, when presented for employment (except in the case of a licensed officer)
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From page 108... ...
The articles are pr ima facie evidence that he has aboard the required licensed off icers and ratings. It is also customary to present all those in the traditional deck department f irst, those in the engine department next, and stewards and other supernumerar ies last, with the required persons grouped together in their respective departments.
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From page 109... ...
Lookout has unquestionably been accepted as sailor 's work. Consider ing ache str ictures that a proper lookout cannot be kept by one who is distracted by other concerns and the myriad duties of an off icer in charge c ~ a watch, it appears certain that at some the there must be a specif ic sailor lookout, and ~ if one, then three.
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From page 110... ...
5-67, superseded by a similar Circular No. 1-69 which in turn led to the innovative Certif icates of Inspection involved in the Mar ine Eng ineer s Benef ic ial ASsOc iation dec is ion .
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From page 111... ...
status may be considerable in other contexts: they are not controlling of or even relevant to the purely legal issue. The author's view, then, is that under existing law and practice, the statutory minimum crew is: o One licensed master; o Three licensed mates; o Three qualified deck sailors; and o Three licensed engineers.
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From page 112... ...
Departments are not created or defined in the laws A court has already accepted the concept of a maintenance and repair department. The way seems open, if the form of a Certificate of Inspection is altered and the appropriate rating designations used, to avoid having deck deparments and engine departments, or at least to minimize them, with the outr ight recogntion of a maintenance department, and the use of a properly designated and identified General purpose.
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From page 113... ...
In the event of collision, the court sitting in admiralty is not going to be diverted by a certif icate showing numbers of crew required from a f inding of inadequate lookout. Appropriate designations and arrangements may serve to prevent internal management disorder, as among owner, master, and crew, and avoid the impact of obsolete legislation or too-ingrained custom.
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