Page:United States Statutes at Large Volume 84 Part 1.djvu/1082

 1024

PUBLIC LAW 91-469-OCT. 21, 1970

49 Stat. 2002; 75 Stat. 513.

"Collective bargaining

75 Stat. 89. 46 USC 1183.

"Basd period costs."

Post,

p. 1025.

" B a s e period.

"Subsidizable wage c o s t s of U.S. officers and c r e w s. "

[84 STAT.

SEC. 17. Section 603(c) of the Merchant Marine Act, 1936 (46 U.S.C. 1173 (c)), is amended as follows: (1) By redesignating the subsection as subsection (f) and inserting new subsections (c), (d), and (e) as follows: " (c)(1) When used in this section— " (A) The term 'collective bargaining costs' means the annual cost, calculated on the basis of the per diem rate of expense as of any date, of all items of expense required of the applicant through collective bargaining or other agreement, covering the employment of United States officers and crew of a vessel, including payments required by law to assure old-age pensions, unemployment benefits, or similar benefits and taxes or other governmental assessments on crew payrolls, but excluding subsistence of officers and crews on vessels other than passenger vessels as defined in section 613 of this Act and costs relating to: " (i) the officers or members of the crew that the Secretary of Commerce has found, prior to the award of a contract for the construction or reconstruction of a vessel, to be unnecessary for the efficient and economical operation of such vessel: Provided, That the Secretary of Commerce shall afford representatives of the collective-bargaining unit or units responsible for the manning of the vessel an opportunity to comment on such finding prior to the effective date of such finding: And provided further, That in determining whether officers or members of the crew are necessary for the efficient and economical operation of such vessel, the Secretary of Commerce shall give due consideration to, but shall not be bound by, wage and manning scales and working conditions required by a bona fide collective-bargaining agreement, or "(ii) those officers or members of the crew that the Secretary of Commerce has found, prior to ninety days following the date of enactment of this subsection, to be unnecessary for the efficient and economical operation of the vessel. " (B) The term 'base period costs' means for the base period beginning July 1, 1970, and ending June 30, 1971, the collective-bargaining costs as of January 1, 1971, less all other items of cost that have been disallowed by the Secretary of Commerce prior to ninety days following the date of enactment of this subsection, and not already excluded from collective-bargaining costs under subparagraph (A)(i) or (A) (ii) of this subsection. I n any subsequent base period the term 'base period costs' means the average of the subsidizable wage cost of United States officers and crews for the preceding annual period ending June 30 (calculated without regard to the limitation of the last sentence of paragraph (D) of this subdivision but increased or decreased by the increase or decrease in the index described in subdivision (3) of this subsection from January 1 of such annual period to January 1 of the base period), and the collective-bargaining costs as of January 1 of the base period: Provided, That in no event shall the base period cost be such that the difference between the base period cost and the collective-bargaining costs as of January 1 of any base period subsequent to the first base period exceeds five-fourths of 1 per centum of the collective-bargaining costs as of such January 1 multiplied by the number of years that have elapsed since the most recent base period. " (C) The term 'base period' means any annual period beginning July 1, and ending June 30 with respect to which a base period cost is established. " (D) The term 'subsidizable wage costs of United States officers and crews' in any period other than a base period means the most recent base period costs Increased or decreased by the increase or decrease

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