***Plight of stranded TMT crew improves
Eleven sailors stranded off Malta on the Today Makes Tomorrow (TMT) vessel A Ladybug since last summer have been flown home, but some crews have not been so fortunate
The plight of crew stranded on a number of vessels of financially troubled Today Makes Tomorrow (TMT) seems to be improving, with some of the ships coming under new management and one vessel getting help from the mortgagee.
A total of 11 crew, made up of one Pakistani and 10 Chinese sailors, were repatriated from the car carrier A Ladybug (built 2011) last week.
The 7,600-car-equivalent-unit (ceu) vessel has been anchored off Malta since last summer. Their release comes after months of negotiations involving International Transport Workers’ Federation (ITF) representative Paul Falzon.
Around $84,904 in unpaid wages has been secured for the men, including one month’s compensation, with the ship’s master securing an additional month’s basic pay in line with his contract.
It is understood management has now shifted to Hong Kong-based Fleet Management. It has supplied the vessel with four Indian and 11 Philippine crew in line with the minimum requirements under its safe-manning certificate.
The vessel, which is part of TMT’s Chapter 11 bankruptcy filing in the US, is still in Malta awaiting orders. A US bankruptcy judge had earlier given permission for the A Ladybug to be sold.
A total of 19 crew members on sistership B Ladybug (built 2011), which is anchored nearby in Malta, earlier secured executive title over the vessel.
Negotiations are currently being carried out with the mortgagee, which has been named as South Korean shipbuilder Hyundai Heavy Industries (HHI).
Falzon says HHI has been keeping the vessel supplied with provisions, fresh water and fuel. It has also emerged that three of the crew had to be repatriated for medical reasons.
The B Ladybug is not part of the Chapter 11 filing, which allowed creditors to arrest the vessel in Malta. However, among the less fortunate are still some 13 crew, including two Romanians, two Pakistani’s and nine Indians, onboard the 100,000-dwt tanker Iron Monger 3 (built 1990) anchored off Khawr Fakkan in the United Arab Emirates (UAE).
The crew members have been relying on provisions from the local harbour authorities, with the ITF still negotiating on their behalf. Three men have also been sent home for medical reasons.
Reports earlier last year that all the crew were due to be repatriated appear to have been premature.
This ship is at the centre of a dispute between the crew, TMT and British bank Royal Bank of Scotland (RBS) over which party has responsibility for the seafarers’ well-being. RBS, which holds the mortgage for the vessel, has consistently said it has no duty to look after the crew.
In a statement to TradeWinds it said: “The ship mortgage does not create any responsibility for RBS for the vessel or its operation. It expressly leaves that responsibility with Iron Monger 3 Co Ltd.”
The ITF recently repatriated the crew of the Donald Duckling which had been held in the Port of Tyne in the UK. The vessel has since been arrested by the cargo owner, European Metal Recycling (EMR).It had been fixed for a scrap cargo to South Korea and had loaded half of the assignment when it was detained by UK port-state control authorities for safety failings.
EMR has now put its own crew onboard to unload the cargo from the vessel. The ITF is still pursuing outstanding wages and the repatriation costs for the crew.
The vessel has been placed in a specially designated mooring away from the main port. No attempts have so far been made to rectify safety faults on the vessel.
It is understood other ships to be transferred to Fleet Management include the 320,000-dwt E Whale (built 2011) and 317,000-dwt Fortune Elephant (both built 2011). Both vessels are being commercially managed by Teekay Corp.
FROM THE ETF:
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PRESS RELEASE
EUROPEAN TRANSPORT WORKERS’ FEDERATION
FEDERATION EUROPEENNE DES TRAVAILLEURS DES TRANSPORTS
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Brussels, 27 February 2014
The EP failed to give a clear signal against
further rail liberalisation and fragmentation
further rail liberalisation and fragmentation
Yesterday, Wednesday 26 February 2014, the European Parliament (EP) adopted in 1st reading the 4th Railway Package. Although weakening some strict rules of the Commission’s proposal, the EP accepted in principle the market opening for domestic railway passenger services and further restrictions for integrated railway companies. The EP failed to give a clear signal that domestic rail passenger transport is a public service that cannot be subject to profit orientation. The ETF welcomes that the EP stopped those forces that wanted to interfere with the fundamental right to strike of workers.
Despite more than 4,000 railway workers from at least 17 different countries gathered on Tuesday in front of the European Parliament to raise their voice against further liberalisation and fragmentation in the sector, the EP did not reject the Commission’s proposals to modify the PSO Regulation (public service obligations) and the so-called governance directive.
The European Transport Workers’ Federation (ETF) always supported the freedom of public authorities to choose the model they prefer in organising their public transport services, in line with protocol 26 of the TFEU (Treaty on the Functioning of the EU). Sabine Trier, ETF Deputy General Secretary comments: “Although the possibility to directly award public service contracts for rail public passenger services has been formally reintroduced by the EP, it is subject to such severe conditions that in practice its use will be seriously undermined. It is deplorable that the EP did not support in a decisive way the public authorities’ freedom of choice and did not reject the Commission’s proposal. At least the MEPs recognised that market opening needs rules to protect workers against social dumping and employment uncertainties and they improved the provisions for social standards and transfer of personnel in competitive tendering.”
Additionally, the ETF does not understand the logic of the Members of the European Parliament (MEPs) who on the one hand acknowledge that driving and rest time of train drivers need to be checked to avoid fatigue and guarantee safety, while on the other hand they reject all amendments introducing a recording device on locomotives that makes such controls possible.
The ETF welcomes, however, the rejection of the amendment asking the Member States to interfere with the fundamental right to strike of workers by ensuring minimum services in case of strike of workers in public transport. “The ETF supports the right of mobility of citizens but this must not be done to the detriment of workers’ rights,” concludes Sabine Trier.
The ETF will further monitor closely any developments in this dossier and do the utmost to put a halt to the further liberalisation and fragmentation of the railway sector.
For further information, please contact Sabine Trier (Tel: +32 477 51 28 14; s.trier@etf-europe.org)
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PRESS RELEASE
EUROPEAN TRANSPORT WORKERS’ FEDERATION
FEDERATION EUROPEENNE DES TRAVAILLEURS DES TRANSPORTS
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Brussels, 26 February 2014
Important step for improving European aviation safety
ETF welcomes the new non-punitive occurrence reporting system
Today, Wednesday 26 February 2014, the European Parliament adopted the compromise text agreed by the Commission, the Council and the Parliament on the new European occurrence reporting Regulation. The European Transport Workers’ Federation (ETF), which represents air traffic controllers (ATCOs), pilots and all other categories of civil aviation employees, supports the outcome of the vote. The Regulation is indeed a positive step forward in the creation of a just culture and will drive safety improvement throughout aviation in Europe.
The ETF is satisfied that the compromise text meets ETF’s demand to have a clearer approach towards the concept of Just Culture. With the removal of the vague terminology of Gross Negligence from the Just Culture definition, as requested by the ETF, the ETF marks an important step towards a safer aviation sector.
“This concept of ‘Gross negligence’ has different interpretations in many Member States. The new Regulation removes the grey area that existed and defines in a better way what is acceptable and what is not. This is a real progress in Safety.” says Riccardo Rubini, Chair of the ETF Air Traffic Management Committee.
The employee, who spontaneously reports any failure in the system or unintentional errors, will not be persecuted anymore. Except in case of wilful misconduct or when there has been “a manifest, severe and serious disregard with respect to an obvious risk and profound failure of professional responsibility to take such care as is evidently required in the circumstances, causing foreseeable damage to a person or property, or seriously compromises the level of aviation safety”.It is a ruling that receives the full support of the ETF and its affiliates.
“We also welcome the mandatory consultation of staff representatives when adopting internal rules describing how Just Culture principles are guaranteed and implemented in the organisation. The designation of a body responsible for the implementation of Just Culture principles to which employees may report alleged infringements of these rules without any penalisation is also very positive” says Enrique Carmona, President of the ETF Civil Aviation Section.
“A fundamental element is the protection of the operator by not disclosing his/her name, which will facilitate the reporting. Frontline ATCOs, pilots or other employees should not be punished for actions, omissions or decisions taken by them. Only wilful violations and destructive acts cannot be tolerated. The ETF thanks all the EU Institutions for having understood that this new step towards a non-punitive occurrence reporting scheme will improve the safety of the passengers.” says François Ballestero, ETF Political Secretary.
For further information, please contact François Ballestero (tel: +32 474916979; f.ballestero@etf-europe.org)
FROM ISWAN:
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FROM THE ETF:
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PRESS RELEASE
EUROPEAN TRANSPORT WORKERS’ FEDERATION
FEDERATION EUROPEENNE DES TRAVAILLEURS DES TRANSPORTS
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25 February 2014
3000 railway workers demonstrate against
the 4th Railway Package
ETF mobilises in Strasbourg to call for quality railway services
Today, Tuesday the 25th of February (13:00 – 15:30), the European Transport Workers’ Federation (ETF) organises a demonstration in front of the European Parliament in Strasbourg. The ETF will bring to Strasbourg more than 3000 European railway workers from Austria, Belgium, Croatia, Finland, France, Germany, Hungary, Italy, Luxembourg, Norway, Sweden, Switzerland, Turkey and United Kingdom.
The 4th Railway Package will not benefit the railways, the passengers and the workers
The ETF rejects a 4th Railway Package that disregards the social impact of introducing further liberalisation and fragmentation in the European railways.
“We do not want to see the railways turned into another opportunity for private actors to make profits” stressed Guy Greivelding, ETF Railway Section President. “What is needed are affordable, accessible, quality railway services for the people and this 4th Railway Package will not bring any of this. There is a direct link between quality of the services and the quality of the jobs: enhanced competition will inevitably lead to cost-cutting measures that put increased pressure on working conditions and employment”, he added. “Railway passengers services are a public service and the Members of the European Parliament should better preserve them as such” he concluded.
Hands-off the right to strike!
“We call also for the rejection of any limitation of the right to strike through the introduction of “minimum services“ provisions to a right that is recognised by both the European Union and International Labour Organisation as a basic fundamental trade union right” said Sabine Trier, ETF Deputy General Secretary.
The ETF supports the citizens right of mobility but this cannot be to the detriment of trade union rights.
The ETF supports the citizens right of mobility but this cannot be to the detriment of trade union rights.
European railway workers will be outside the European Parliament on the 25th of February while the Members of the Parliament will discuss and vote on the 4th Railway Package. The ETF and its affiliates will watch carefully their voting behaviour, also in view of the upcoming European elections.