SET LINE AGREEMENT
Between the
Fishing Vessel Owners’ Association
And the
Deep Sea Fishermen’s Union of the Pacific
This Agreement entered into between the DEEP SEA FISHERMEN’S UNION OF THE PACIFIC, hereinafter referred to as the UNION, and the FISHING VESSEL OWNERS’ ASSOCIATION, INC., hereinafter referred to as the ASSOCIATION on behalf of the owners listed in Attachment A. This agreement covers the share basis and fishing conditions on Halibut and Black Cod vessels (longline vessels) excluding Freezer Longliners, Processors, and vessels with a crew size of less than 3.
1. Members of the crew, except any captain or owners who owns one-fourth or over in his own vessel, must become and remain members of the Union as a condition of continued employment within 30 days or before their second trip, whichever is later. The Captain and/or owner shall be considered as a member of the crew for all practical purposes in this agreement unless otherwise stated.
2. The Master or agent of a vessel, under the direction of the delegate of that vessel, and upon being presented with an annual written assignment signed by any crew member, or with an annual list certified by the President or Agent of the Union, of such crew members who have signed written assignments which are on file with the UNION, shall automatically withhold annual Union dues and assessments, as approved by the Union membership and certified by the President or Agent of the Union, from whatever shall be due such crew member, and shall forward the amounts so deducted to the Union. Any such assignment shall expire only upon revocation by the Union member. In the event an assignment is filed with an agent of the vessel, the assignment shall apply only to crew members’ shares handled by such agent.
3. An inexperienced man, (hereinafter referred to as an inbreaker), going longline fishing for the first time shall be hired from trip to trip on the following basis:
(1) The skipper shall first confer with and obtain the consent of the majority of his regular crew before hiring an inbreaker. (2) SHARE BASIS: Inbreaker shall receive a share to be decided by the crew and skipper by a majority vote, with fair considerations given his contribution to the operations of fishing. His share shall be determined in such a manner until he receives full share. Anyone receiving full share for Black Cod or Snap-on Halibut fishing, shall not necessarily receive full share for conventional Halibut fishing. (3) An inbreaker who is discharged after his first trip because he lacks any potential of becoming a longline fisherman shall receive, from crew expense, at least the cost of his outfit (i.e. fishing clothes, boots, oilskins, gloves, etc.) The vessel shall furnish him transportation to port of hire. (4) A cook, who has had experience cooking on vessels, shall receive a full share, provided he works on deck to the satisfaction of the crew. Otherwise, he shall be considered an inbreaker and same conditions apply as under (2) above.
4. GROSS STOCK shall consist of all income of every kind from fishing operations and shall be distributed by deducting from it the following items in the order given: (a) GROSS STOCK EXPENSE; (b) BOAT SHARE; (c) CREW EXPENSE. The amount remaining after these deductions have been made shall be equally divided, except as provided for in paragraph 3, among all members of the crew including the master; or in case a hole trip results, the deficit shall likewise be divided and paid according to paragraph 19.
5. GROSS STOCK EXPENSE shall consist of the following: moorage fees at out-ports, custom fees, brokerage fees, delivery license, outfit and cargo insurance, watchmen’s fees, charges as per paragraphs 22-(5) (b) and 24, fumigation costs when master and crew find fumigation necessary, lay-up fund assessments as agreed to in supplementary agreement between Union and Association, lost gear, Washington state B&O tax, and observer fees and the costs of administration of IFQ’s. No fees will be charged to the crew or taken as a gross stock expense for any initial allocation of IFQ’s.
6. BOAT SHARE FROM ADJUSTED GROSS STOCK ON LONGLINING TRIPS for all Association vessels on the effective date for each owner shall be:
Vessels fishing on a trip commenced before April 19, 2002…31.5%
Vessels fishing on a trip commenced after April 19, 2002
for the remainder of 2002………………………………...….37%
Vessels fishing in 2003………………………………………..38%
Vessels fishing in 2004………………………………………..39%
Vessels fishing in 2005………………………………………..40%
Boat share can be negotiated less in order to attract quota not held by the vessel owner. The cost to bring quota share on board will be charged as a gross stock expense.
Any major labor-saving device which will impact crew member’s jobs and boat share will be agreed upon between the Association and Union trustees and officers under the rules stated in paragraph 31. The parties agree that the general rule is that any man’s share foregone will be shared 50% to the vessel and 50% to the crew. It will be the responsibility of the vessel owner to petition for such a consideration to the Association and the Union. If the Association and Union cannot agree the issue will be submitted to arbitration as stated in paragraph 31 of this agreement. No modifications are allowed without approval by the contracting parties pursuant to this paragraph.
7. CREW EXPENSE shall consist of the following: grub, fuel oil, lubeoil, cup grease, waste or rags, ice, salt, bait, condemned fishing gear, dish towels, tablecloths, broom and mop for living quarters, baiting tent cover maintenance and replacement, medicine chest maintenance, and replacement of broken or damaged kitchen utensils. PROVIDED, however, the boat delegate, cook, and captain shall check the cooking utensils for necessary replacement at the start of the season and the vessel shall be fully equipped with proper crockery dishes and kitchen utensils at no expense to the crew. Broken and damaged utensils shall not mean utensils that are worn out through usage. When a crew replaces damaged or broken utensils, the amount charged to crew expense shall be for a utensil of comparable quality and value as the one replaced.
8. All the fuel oil and lube oil tanks shall be filled and oil paid for by the owner at the start of the season. The tanks shall then be filled and paid for by the crew before settlement at the end of each trip; provided, however, that on any trip which precedes a lay-up of more than eight days’ time, or precedes a lay-up during which the vessel is to be drydocked or repaired where having full tanks would not be practical, the amount of fuel and lube oil used on the trip shall be estimated by the master and crew. In no case shall the crew pay for more fuel oil and lube oil than is used.
9. FISHING GEAR shall consist of the following: groundlines, gangions, hooks, beckets, twine, tar, skatebottoms and covers, skate ropes, thimbles, buoys (kegs and bags), buoylines, buoylight complete with batteries and globes, anchors, markbuoys with line and anchor; flag poles complete with weights, floats, (bags), lines and flags; paint for buoys, skatebottoms and covers; files, gaffhooks, dressing knives, choppers, butchersteels, whetstones, scrapers and scraper hose, bait nets, electric lights globes, chain for gear anchors, glass balls and lost gear drag.
10. Fishing gear accepted by the master and crew coming in shall not be condemned going out, but gear in storage for over nine months shall be subject to being overhauled before being accepted. Second hand gear bought by the owner shall be paid for by the crew at the price actually paid. The price charged the crew for replacing lost and condemned gear shall not be more than the purchase price of the new gear on the day the settlement for the trip is made, irrespective of whether the new gear is of higher or lower quality than the gear being replaced. Should an owner change from light to heavy gear or space the hooks closer together, he shall pay the difference in cost. Likewise, if the case is reversed, the owner shall be entitled to the difference. Fishing gear shall not be used as ship’s gear. Sufficient spare hooks (including gangions, tar and twine) shall be furnished by the vessel and kept up by the crew. A complete gear list including gear bought to replace condemned and lost gear shall be made at the start of the season and at the end of the season. The gear list at the end of the season shall be signed by the master and delegate and contain names of crew members. One copy of the gear list shall be turned in to the Union.
11. The crew shall pay their share of the watchman’s fees. If a vessel is delayed by repairs or neglect of the master or owner, the owner shall pay for the watchman. If any crew member delays the vessel through neglect, such crew member shall pay for watchman. If no watchman is obtainable, the master shall hire one of his crew for this purpose. The master and delegate shall determine if a watchman is needed in small outside ports.
12. The cost of a life raft and survival suits shall be paid for by the vessel owner and the cost of inspection and maintenance of the life raft shall be deducted from the gross stock of each vessel inspected. The standards shall be agreed upon by the Union, Association, and inspector. It is required by the Association and Union that survival suits for crews and EPIRBS be placed on all vessels. All survival suits acquired under agreement of this paragraph shall remain on board the fishing vessel at all times.
13. The owner shall furnish a medicine chest. It shall then be kept up by the crew. The master and delegate shall determine what is needed each trip.
14. The crew shall not pay any part of tow bills. In cases where income from tows is received, the vessel shall receive 40% boat share from the income after expenses incurred as a result of towing are deducted.
15. The crew shall not pay for grease or any other preparations used for preservation of the anchor cable or anchors.
16. The crew shall not pay for any loss to the fitout due to leaky oil tans, leaky water tanks, leaky pipe lines, or breakdown of propelling machinery when the loss occurs after the attention of the owner has been called to such defective equipment and repairs are not made upon the vessel’s return to port.
17. The crew shall not be charged for any item not mentioned in this agreement until the item has been approved by the Union.
18. Settlement shall be made and shares distributed at the end of each trip, except that settlement may be deferred in out-of-way ports upon agreement between the master and crew, and except products sold through a cooperative approved by the Union and Association. Settlement shall be made between the master and his agent and the crew. Delegate shall be present at time of settlement. Itemized bills or receipts shall be produced at time of settlement. A copy of the settlement shall be available aboard the ship.
19. The Union shall urge its members to pay their share of any hole trip. After bills are paid, hole bills shall be paid as follows: when share is $25.00 or less, nothing shall be taken out; when share is over $25.00, one-half of the amount from $25.00 to the full share shall be taken out. Hole bills are not collectable:
(1) When men are discharged through no fault of their own immediately after a trip when a hole bill is made.
(2) When vessel goes into some other trade or goes seining immediately after a trip when a hole bill is made and men are discharged by the captain for reasons other than legal ones.
(3) Where the vessel is a total wreck.
(4) Where repairs are needed after an accident and the men are not wanted back when the repairs are completed
20. Notice shall be given at time of settlement when a captain decides to discharge any member of the crew or any member of the crew decides to leave.
21. The owner shall give immediate notice to his crew whenever his vessel is scheduled to be diverted from halibut or black cod fishing to go on a charter or change to another type of fishing. Crew members shall likewise give immediate notice when they are scheduled to leave the vessel before the end of the season. This notice shall be given, if possible, before the opening of the season. The crew shall receive their share of all stores on board when a vessel is sold or goes on charter or into another trade other than halibut or black cod fishing. When such vessels return to halibut or black cod fishing, the crew shall assume all usable stores on board.
22. The crew agrees:
(1) To do all the work necessary to keep the gear in good condition and rig new gear to replace condemned or lost gear, without any charge to the owner.
(2) To put gear aboard at start of season and put away the gear at the end of the season, or when vessel leaves halibut fishery, within three (3) days (excluding Sundays and holidays) after the fish is unloaded or vessel arrives in port. Failure of a crew member to perform these duties shall result in a charge as provided in paragraph 23.
(3) To wash fish hold and keep living quarters in a clean and sanitary condition. The owner may deduct $5.00 per man per trip during the season, and hire someone to clean the living quarters.
(4) To clean all paint work inside the bulwarks with some cleansing solution each trip going home, when vessels are to paint up, and at the end of the season. Paint work shall mean: pilot house, inside railings, baiting benches, skylights, hatches, checkerboards, lower part of masts, gaff, boom, and outside railings above guard within reach from deck.
(5) To discharge fish from tackle to scales and head fish.
(a) One member of the crew, approved of by the master and crew, shall attend to the weighing of the fish and he shall assume all responsibility in the master’s absence.
(b) All crew members shall be present when fish are being discharged. Any crew member who is intoxicated or absent shall be replaced only at the discretion of the skipper. The opinion of the master and one crew member shall be sufficient to determine intoxication. Any crew member who leaves the vessel without justifiable cause upon the vessel’s return to port duties required may be fined a portion of the trip as defined in paragraph 23. A vote of the crew is required to determine justifiable cause for the purposes of establishing a fine. The fine shall be divided among those who perform the work of the missing crewman. A minimum fine of $75.00 shall be levied. A crew member who desires to lay off shall notify the master and a substitute shall be hired. When a substitute is hired, he shall do all the work required of the crew member until the vessel is tied up. If the substitute is hired for discharging fish, he shall also assist in moving the vessel to its place of tie-up. Rates for heading and unloading shall be $50.00 for up to 25,000 pounds, plus $1.25 per 1,000 pounds for the amount over 25,000 pounds in any load. Crew member that is replaced shall bear the cost. If an extra man is hired the cost shall be a Gross Stock expense.
(6) To load supplies. A sufficient number of the crew shall be present when loading supplies. Cooks must be present when loading groceries.
(7) To man vessels from port of sale to vessel’s home port. When a crew member quits or in case where a crew member’s home is at a place other than the vessel’s home port and he wishes to leave the vessel, he may be charged, at the crew’s discretion, $8.00 per hour for wheel turns. This sum when collected shall be paid to the man taking his place or among the members of the crew doing his work. In event settlement is made prior to leaving for vessel’s home port, the estimated cost of wheel turns shall be deducted from the settlement.
(8) While the crew is performing these duties, the captain shall be free to perform such other duties as may be required of him as master of the vessel.
23. Any crew member who delays a vessel shall be subject to discharge. Any crew member negligent, absent, or intoxicated, in his duties outlined in paragraph 22, may, at the crew’s discretion, be charged a minimum of $25.00 for each day he fails to perform his work, but not to exceed one day’s fraction of the trip. (Example – on a ten-day trip, with a man’s share of $300.00, the charge could not exceed $30.00 per day. Computation of days shall begin when loading of supplies is begun and shall end when vessel is tied up following discharge of catch.) Such charges when collected shall be paid to the substitute or distributed among the other members of the crew.
24. Any crew member who leaves the vessel, without justifiable cause, at any time during a trip shall not be entitled to any share of the proceeds of the trip. Any crew member who leaves the vessel with justifiable cause shall receive full share from the proceeds of the trip unless he leaves the vessel prior to its departure from the final port before reaching the fishing grounds. In the latter case, he shall receive either $8.00 per hour for time he spent in taking wheel watches, or a portion of a man’s share based upon the number of days he was on board the vessel related to the total number of days involved in the trip computed as per example in paragraph 23, whichever of the two totals is the lesser. The payment to such a crew member shall be charged as Gross Stock Expense.
25. A delegate, who is a paid up member of the Union, shall be elected on each vessel by the crew members (excluding owner). He shall check up bills with supplies received and see that all members of the crew are members of the union in good standing according to paragraph 1 of this agreement. He shall check up on gear each trip. He shall be present at time of trip settlement and see that settlement is made according to this agreement. He shall receive a copy of the settlement and see that it is available on board the vessel. The delegate will also provide a complete copy of the settlement to the Union as rapidly as feasible.
26. The vessel owner and/or master agree that vessels will be equipped with adequate life savings equipment and escape hatches as recommended by the Union and Association.
27. The Association and Union agree to enter into a supplement to this agreement to cover lay-up program and lay-up fund.
28. Over the next four seasons (2002, 2003, 2004, 2005) any vessel owner that ties up his vessel and/or sells more than 30% of his initial quota shares (as held April 19, 2002) in a single year or more than 50% cumulative of his initial quota share during the next four seasons will activate this clause. Exceptions to this include quota sold to Union crew, quota sold to a Union vessel owner, a 1031 election, fish being swapped from one area to another, sinking of a vessel, death of the owner and quota bought outside of initial allocation. Crew members with two years of service on the vessel but less than four years will receive 7% of the average of the last two seasons’ wages and for four years or more, the crew member receives 7% multiplied by two of the average of the last two seasons’ wages. The period of service determination on the vessel (two or four year) will include the four-year period immediately prior to the execution of the contract.
29. All fish shall be sold on a competitive market except for such fish or fish products as may be marketed through any cooperative approved by the Association and Union. There shall be two grades of halibut. There shall be one grade of all other varieties of fish. All fish not sold according to the above, and all culls, shall remain the property of the owners and fishermen.
30. There shall be no discrimination against any Union member because of Union activity or because of a dispute over the working agreement or any other agreement pertaining to fishing until such dispute has been finally settled between the Association and Union. Any dispute between the captain or owner and crew that cannot be settled on board shall be referred to the Association and Union for adjustment immediately upon arrival in port where the Association and Union have offices.
31. Any dispute including disputes over shares that may arise between the captain or owner of a vessel and a member of the crew of the vessel shall be first referred by the crew member to the delegate aboard the vessel. The delegate and the captain or owner shall attempt to settle the dispute on board. Any dispute between the captain or owner of the vessel and a member of the crew that cannot be settled on board or any other dispute arising under this agreement shall be referred to a hearing committee composed of equal numbers of representatives of both the Association and the Union for determination within 30 days after the completion of the last trip of the vessel for the season. The Association and the Union shall each have one vote in the hearing committee. The hearing committee shall investigate the circumstance of the dispute and make a final and binding determination. If the hearing committee is unable to agree on the resolution of the dispute, at the request of either the Union or the Association the dispute shall be referred to arbitration. The arbitrator shall hear and determine the facts of the dispute and render a decision under this Agreement in writing within 30 days of having the dispute referred to him. The arbitrator’s decision shall be final and binding on all parties. The arbitrator shall be selected by agreement between the Association and the Union. If the Association and the Union cannot agree upon an arbitrator, the arbitrator shall be selected by alternately striking names from a list of five arbitrators to be provided by the Federal Mediation and Conciliation Service. Any parties involved in any grievance hearing shall be discouraged by both the Union and the Association from the use of an attorney for representation in that hearing.
32. Subject to the provisions of paragraph 33, this Agreement shall be in full force and effect from April 19, 2002 until January 1, 2006, and continue thereafter from year to year unless notice in writing is given by either party desiring to change or terminate any portion of this Agreement.
Any notice to change or terminate any portion of this Agreement, shall be given during the last year of this Agreement, or during any subsequent year, but not less than thirty (30) days prior to January 1 of the year in which a change is proposed, and shall specify the exact paragraphs for which changes or termination are desired. The party upon whom the notice is served shall have until December 18th following receipt of the notice in which to specify the exact paragraphs which it wishes to change or terminate, and subsequent negotiations shall be confined exclusively to the paragraphs upon which notice is given by both parties. Negotiations shall commence as quickly as possible following receipt of the thirty (30) day notice.
33. In the event that the state or federal legislation or regulations are adopted which materially either change the status of crewmen, or affect the financial management of the vessel, then the Set Line Agreement will be subject to being reopened by notice given not less than thirty (30 days prior to the end of any year in which such legislation or regulations are adopted. For purposes of this paragraph, legislation or regulations are material if they significantly change the financial obligations of the owner to crewmen, such as by changes to the Jones Act, the general maritime law relating to maintenance and cure, or by the adoption of mandatory health care requiring payments by the owner.
Legislation and regulations are also material if they impose significant financial burdens on the owner by reason of mandatory changes to vessel construction, design or equipment.
If the Agreement is reopened pursuant to this paragraph, only those terms affected by the legislation or regulation which resulted in reopening the Agreement are subject to negotiation, and only to the extent of such effect, unless otherwise agreed by all parties to this Agreement.
Agreed to this __10th._____ day of May, 2002.
DEEP SEA FISHERMEN’S UNION FISHING VESSEL OWNERS’
A. J. (Beau) Bergeron Robert D. Alverson
Executive Director Executive Secretary
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _____ day of ________________, 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _______________________and ___________________________
to me known to be the _____________ President and ________________ Secretary, respectively of ______________________________________________________ the association/union that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said association/union, for the uses and purposes therein mentioned, and on oath stated that _____________________
authorized to execute the said instrument and that the seal affixed is the cororate seal of said association/union.
Witness my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of
_______________________, residing at
_______________________________.
To meet US Coast Guard Regulation, Section 10601, of the Commercial Fishing Industry Vessel Safety Act of 1988. The Coast Guard asserts crew members and skipper/owner signatures must be signed below and copy kept in log book of vessel.
_________________________________
Date
_________________________________
Vessel
_________________________________
Skipper/Owner
Crew Members Date
______________________________________________________ ____________
______________________________________________________ ____________
______________________________________________________ ____________
______________________________________________________ ____________
______________________________________________________ ____________
______________________________________________________ ____________
______________________________________________________
ATTACHMENT A
|
OWNER(S) |
VESSEL(S) |
|
Norman Ness |
Carol M/ |
|
Jack & John Crowley |
Kristiana |
|
Peter Knutsen |
Northern |
|
Dean Adams |
Quest |
|
Gary, James & Ray Olsen |
St. John II |
|
Per Odegaard |
Vansee |
|
Jack Knutsen |
Grant |
|
Don Knutsen |
Maddock |
|
Karl Vedo |
Ocean Harvester |
|
Duane Torgeson |
Republic |
|
Marvin Gjerde |
Tordenskjold |
|
Craig Wolfla |
Heidi |
|
David Erickson |
Memories |
|
Wade Bassi |
Polaris |
|
Steve Lindahl |
Resolute |
|
Otto Bogen |
Vigorous |
|
Arne Lee |
Evening Star |
|
|
|
|
|
|