Page:United States Statutes at Large Volume 52.djvu/1007

 PUBLIC LAWS-CH. 600 -JUNE 23, 1938 Provio. Enforcement ofnav- igation laws. Definitions. "Water-borne com- merce." "Maritime employ- er. " 44 Stat. 577. 46U. S. C. §151. "Employee. " Exceptions. Duties of employer and employee. Agreements con- eerning rates of pay, hours of employment, etc. tions concerning the representation of employees of a maritime employer shall be considered and determined by the National Labor Relations Board in accordance with the provisions of the National Labor Relations Act: Provided, however, That nothing in this title shall constitute a repeal or otherwise affect the enforcement of any of the navigation laws of the United States or any other laws relating to seamen. "DEFINITIONS "SEC. 1003. When used in this title- "(a) The term 'water-borne commerce' means commerce by water between any State, the District of Columbia, or any Territory or pos- session of the United States and any foreign country, or commerce by water on the high seas or the Great Lakes between any State, the District of Columbia, or any Territory or possession of the United States and any other State, Territory, or possession of the United States. "(b) The term 'maritime employer' means any person not included in the term 'carrier' in title I of the Railway Labor Act, approved May 20, 1926, as amended, who (1) is engaged in the transportation by water of passengers or property in water-borne commerce; (2) is engaged in towboat, barge, or lighterage service in connection with the transportation of passengers or property in water-borne com- merce; (3) operates or manages or controls the operation or manage- ment of any wharf, pier, dock, or water space, for the accommoda- tion of vessels engaged in the transportation of passengers or prop- erty in water-borne commerce; (4) is engaged in the business of loading or unloading vessels engaged in the transportation of pas- sengers or property in water-borne commerce; or (5) operates any equipment or facility connected with the services set forth in clauses (1), (2), (3), and (4) hereof, which is necessary for the continuity of flow of passengers and property in such water-borne commerce. "(c) The term 'employee' means any person who performs any work as an employee or subordinate official of any maritime employer, subject to its authority to supervise and direct the manner of rendi- tion of service, when the duties assigned to or services rendered by such person directly or indirectly in any manner affect, relate to, or are concerned with the transportation of passengers or property in water-borne commerce, or the furnishing of equipment or facilities therefor, or services in connection therewith, as set forth in clauses (2), (3), (4), and (5) of subsection (b) of this section; it being intended that this title should apply not only to those persons whose work may be exclusively in connection with the movement by water of passengers and property in the interstate and foreign commerce of the Uited States but also to thoe United Statespersons whose work may have such a close relation to the movement of such interstate and foreign commerce that the provisions of this title are essential and appro- priate to secure the freedom of that commerce from interference and interruption. The provisions of this title shall not apply to the master or members of the crew of any vessel not documented, registered, licensed, or enrolled under the laws of the United States. " DUTIES OP EMPLOYER AND EMPLOYEE "SEC. 1004. It shall be the duty of the Board to encourage all mari- time employers, their officers and agents, and their employees or the duly selected representatives of such employees to exert every rea- sonable effort- "(1) to make and maintain written agreements concerning rates of pay, hours of employment, rules, and working conditions, which agreements shall provide, by means of adjustment boards or port 966 [52 STAT.

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