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 losing 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 ship’s 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 ship’s movement. The only real hammer was the ship owner’s 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 moment’s 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 California
Rudy I would like to say that your work has impressed me to no ends, and one day you told me you were going to run for trustee and I told you it was a paid position. I see you will have five years soon. I hope you still have that desire and do run.
Rudy: Great story I just read from You. I am Proud of you! That’s what unionism is all about. From the soup Kitchen
John Donato
Absolutely OUTSTANDING! 61231
Kevin Yarnell
Rudy, Really an inspiration. Great job.
Ron, 57156, Seattle
I am glad to see Rudy gave a report to the ILWU listbot regarding the Burmese crew that he became involved with. Rudy’s report raises a couple of interesting issues and points that I believe need to be raised.
First and foremost these Burmese seafarers had to be extremely brave to step forward and make complaints that they had a very legitimate grievance. They were being cheated on their salary.
All Burmese seafarers which originate from Burma to go aboard foreign owned vessels must pass through the Seaman’s Employment Control Division or SECD. The SECD was set up by the generals who seized power and have run the country in dictatorship for more than ten years now. As trade unionists and activists, generally we are aware these kinds of extremely brutal dictatorships need foreign capital. Burma receives this capital from many sources including many North American corporations. Thankfully some of these corps are starting to pull out.
The ITF affiliate Seafarers Union of Burma operates in exile in Thailand because real trade unions are illegal in that country. The officials of this union and others have to be very careful of their movements and activities. Burmese operatives continually try to monitor them in Thailand.
Before a Burmese is allowed to sail foreign going he must sign a loyalty pledge and this must be counter signed by immediate family. This pledge is to guarantee the seafarer will not contact either the ITF or any other trade union to represent him. If the seafarer breaks this promise he is liable to extreme punishment upon return to Burma. The ITF has evidence of long incarceration, beatings and even death for some of these brave seafarers. We have taken complaints to the ILO and had them sustained. Recently the ICFTU has had other cases and complaints sustained at the ILO.
Today I received a call from the Vancouver Canada ILWU/ITF Inspector. He advises that just hours before this submission he has just completed a claim for two Burmese 2nd Officers. They each received USD$14,750 in cheated wages after the intervention of the ITF inspector and an ILWU local 500 business agent. These two men do not want to go home to Burma, they will want to live in exile in Thailand.
It is very clear to me based on my past experience as an inspector and the experiences of these two ITF Inspectors that whenever Burmese are manning vessels the owners of the vessels are employing them at very substandard conditions. He does so knowing that these seafarers enjoy absolutely no democratic rights. If the owner or Captain are not happy about any aspect of the seafarers’ work or if they feel that the seafarer is about to break and seek assistance they threaten him or her with the Burmese generals. When the ITF inspector goes aboard the vessel and inspects the payroll it usually looks to be clean. It shows acceptable rates of pay, and they believe the seafarers will not tell anyone how bad they are being treated or cheated. It is an illegal and corrupt system known as double book keeping which is allowed to continue because of the FoC system of ship registration.
Please while you are loading and discharging vessels every day and happen to notice the vessel is crewed Burmese. Spare a thought for them. If you talk to them and they turn on their heel and scurry away, understand that not being impolite, just that not only their livelihood but their life could be at stake.
Congrats Rudy, congrats Myles. Like the brothers have said on this list, you make us proud.
Peter Lahay
ITF London Training & Develpment Coordinator
ILWU 400 ITF Inspector Canada
Peter Lahay your information is a realistic eye opener. These issues, I think most dock workers aren’t aware of. The ITF not only won for the Burmese crew, in my opinion they won for world labor. Undermining of labor contracts is a never ending battle.
Thanks to all with the ITF and great job Rudy.
Local 13 Mechanic 36946
