The Union is on guard for labor interests of Vladivostok seafarers

The SUR Primary organization of Vladivostok (SUR PPOOM of Vladivostok) now comprises 1176 seafarers, 1 146 of them  work on ships under the foreign flag. Over the last four years - from 2012 till 2016 — seafarers 52 times applied to the union's  lawyers for help.  Almost all these cases were settled in favour of seafarers.  Peter Osichansky, the chairman of the PPOOM of Vladivostok, said that they lost just one suit. This suit was brought by two twin brothers, they were the   engineers  onboard the fishing vessel "Andrey Smirnov".

- The loss of this case is worth more detailed story about. The fact is that fishing  companies often stipulate extremely low wages in their seafarers' contracts of employment, and they promise in words to pay the rest money later, including the money for fish – about 12% from the cost of the fish caught. But the brothers were relatively competent and asked for any other  guarantees  than those that had been prescribed in the contract - 3000 rubles per month. The director of the company-charterer gave  them a letter of guarantee, which promised to pay each of them $2500 and $3000  in accordance with the position held. When the voyage was over, no money for the catch were paid to them. The brothers turned to the director asking him to fulfill the guarantee commitment, but he refused. Fishermen came to us, and we went with that letter of guarantee to the court, being confident in success, as the letter was drawn up in due form  and in accordance with the Russian legislation. But the court rejected our claim, arguing that the charterer company's guarantee letter was not a contract of employment, and  labour relations  between  employee and  employer arise  only from the moment of signing the latter. The Court of Appeal agreed with this decision. So, we gained a  valuable experience through this case with letters of guarantee, Peter Osichansky admitted.

While defending their members' rights, the Union deploys all available resources. Rather often the SUR activities garner media coverage. For the last 4 years there were more than 65 publications in press about the activity of  PPOOM, including live programmes.

The Union closely cooperates with law enforcement authorities. There were 47  appeals to the transport prosecutor's office in connection with unpaid wages, poor working conditions onboard vessels, violations of safety rules and maritime safety. In relation to some of them the prosecutors  brought law suits for unpaid wages.

-Also, we have longstanding partnership relations with the State Labour Inspection, which are mutually beneficial, - Peter Osichansky told. - We address to them when we need  consultations or expert opinion of some authority. Alternatively, they ask our advice concerning flags of convenience, Maritime Labor Convention 2006, also they  come in to us for copies of court rulings. Such court rulings help to file similar claims to the court, though in Russia we haven't the case law — unlike with countries where  the common law is applied. 

Also, we have well-established cooperative relationship with Maritime Administrations, federal and  local authorities. In recent years  serious staff changes have been made in the personnel of Far East Marine Ports Authorities. We held  meetings with newly appointed Harbourmasters and their deputies to forge contacts.

-For the last year and a half we held meetings with 22 Harbourmasters and their deputies, with 65 port and flag  inspectors. All these measures serve to support the achievement of the main union's aim – the protection of  seafarers' rights. Just in 2015 Harbourmasters of such ports as Vladivostok, Vanino, Kholmsk, Nakhodka,  have helped to seek payments of backwages for 13 crews. In all these cases Harbourmasters exercised their right and obligation to place a ban on a leaving of  port for vessels having serious deficiencies concerning  Maritime Labor Convention 2006, - said Peter Osichansky.

At least once a year, the union appeals for help to the regional administration, or they call upon themselves, when press exaggerates any crew problem. That was the case with "Rustico" in 2012, when seafarers from the western regions of Russia stuck in Vladivostok without money and without the possibility of going home. Then the delegates of State Duma and the representatives of the regional administration intervened. After the phone call of the Governor to the  Moscow prosecutor (the shipowner was a Moscow resident), the unpaid wages and repatriation money were transferred to all crewmembers in a few hours.

The regional administration came to assistance  for the case with abandoned crewmembers of m/v «SS Veles», when the vice-governor personally flew to Manila and organized the repatriation of all the Russian crew from regional budget resources. During the reporting period, PPOOM of Vladivostok organized nine industrial actions. Almost all of them resulted in a total victory of seafarers.

The union collaborates with the insurance companies. Most of them are the well-known over the  world P&I Clubs and Lloyd. Seafarers' family members or the crewmembers themselves  apply for injury compensation or, in particularly unfortunate circumstances, the survivor's benefits. Over four years there were nine such appeals, the union managed to achieve compensation in the amount of $328000. Three times a year the Action Weeks are held in the Far East of Russia. Over the covered  period 14  Action Weeks Against FOCs (flags of convenience) were conducted. 

-Usually we check onboard  working and living conditions, the availability of the  ITF approved collective bargaining agreement and the Declaration of Maritime Labour Compliance. We carry out these Weeks so often that they ceased to be a significant event, that's why in our region they run quite routinely. We inspect vessels on a routine basis, as we do it all year round. The only difference is that during the Week  of Action we are limited in time, and the number of vessels due to inspection is much more. In addition, we try to attract dockers to participate in the Weeks,  - said Peter Osichansky.

- In my opinion, the most important thing for the Action Weeks is to achieve real results: the signed agreements and the payment of wages to seafarers. As for the agreements, it is always a difficult task, however, over last  five years we have been able to sign SUR collective agreements which cover 23 vessels. Some ships still present in this list this year, others are left for their age, others are left because of the crisis. Of the $ 3.14 million backwages, we helped to be paid to the seafarers, a considerable part was recovered through the Action Weeks, - said Peter Osichansky.

The Union starts to address seafarers from school time. There are two marine academies, three nautical colleges and one Far Eastern Institute of Communications in Vladivostok. We keep contact with all these educational institutions and about once a year we held meetings with the students.

PPOOM of Vladivostok provides support to the SUR primary organization of Maritime State University named after admiral  G.I. Nevelsky, allocates prizes for the winners of yacht races, which are held annually.

Crucially, the SUR members introduce to the  students trade union activities, regulations that protect seafarers' rights, ILO Convention 2006. A couple of times the union attracted the students to participate in the Week of Action as volunteers, then  college seniors were questioned about the safety problems onboard the vessels where they had undertaken their seagoing training.