ITF Intervention Secures Pay And Tickets for Crews

ITF Intervention Secures Pay And Tickets For Two Eastwind Crews

Assistance by ITF inspectors and affiliated unions in Chile and New Zealand is paying off this week as crew members on two Eastwind vessels receive their pay and tickets home. Meanwhile the Federation continues to work with the bankrupt company’s trustees and those buying other of its vessels.

At the time Eastwind declared bankruptcy it was believed to own 63 vessels. Some of these have been sold, some arrested. The ITF was called in by the crews of a number of these, and as of today – with payments made to the crew of the Annapurna and due in the next few days to that of the Azov Wind – has been instrumental in resolving all of them.

ITF Maritime Coordinator Steve Cotton said: “Picking up the pieces of the Eastwind collapse is a difficult but not impossible situation. The ITF is one of the organisations – including agents, banks, port authorities, lawyers and unions – looking for a solution, and the contact between us and them has paid off in the successes that each week are making a very bad state of affairs a little bit better. Once again it underlines why we want anyone having difficulties to talk to us at the earliest possible stage. If Eastwind had done that, instead of leaving it to panicked crews to alert us, then the relief effort might be even further along now.”

In Balboa, Panama, ITF inspector Luis Fruto is expected to witness within the week the payment of the crew of the Liberian-flagged Azov Wind, which has arrived from Valparaiso, whose inspector, Juan Villalon, explained the history of the case:

“I received a phone call from the Georgian crew asking for help on August the 12th. I met with the crew that day, and they identified the following problem areas: medical; water and food; bunkering and oil; inspection and certification of the vessel. The agent told me that a superintendent had arrived from Cyprus, and following meetings it emerged that Tokyo Star Bank had taken over and had appointed Fleet Management Cyprus as managers.”

Juan Villalon continued: “I explained the situation to Fleet Management and that if it were not remedied we would assist the crew in taking legal action against the vessel. He assured me that they were doing everything they could to find a solution. In the meantime, I contacted supply agents in Valparaiso to begin negotiations with the port agency. The five crew members who wanted to see a doctor were helped to do so and all the personnel were instructed on the importance of staying with the vessel.

“The following week, I heard from Fleet Management, telling me that most of the issues were approved and that the money and supply problems would be solved shortly. Food and water were supplied and US$72,000, a month’s wages (out of three), transferred to the crew’s banks back home.”

He concluded: “After that it was necessary to organise an inspection and certification to allow the vessel to proceed to Panama, where local ITF Inspector Luis Fruto is waiting to confirm the payment of the remaining owed salaries, as well as the repatriation of most of the crew, as the managers have informed us that the vessel will be laid up with a safe manning crew. The total owed salaries were US$340,000, in addition to the repatriation, certification and provisioning in Chile.”

Grahame MacLaren, ITF inspector in Wellington, reported back on the Annapurna:

“On the 4th of August the Eastwind Group’s reefer vessel Annapurna arrived at the port of Auckland, where it was immediately arrested by the Japanese-owned Aozora Bank Ltd. It had sailed empty to New Zealand on the bank’s orders – it appears so that it could be arrested in a country where it was felt all parties would be treated fairly under law.

“That evening Auckland-based Garry Parsloe of the Maritime Union of New Zealand (MUNZ) went on board to assess the Burmese crew’s situation and found out that they had not been paid for some time. Garry advised them that they should under no circumstances leave the vessel or be repatriated without first being paid all wages owed.”

Grahame MacLaren continued: “The crew were unable to even afford the cost of a phone call home, so Garry negotiated with the agents to have a cell phone provided so they could contact their families. He was informed by the bailiffs that a lawyer would be needed to present the crew’s claim in court and was given the name of Pauline Barratt. The ITF have since retained her and she has been doing a great job representing the crew.

“I travelled to Auckland and, accompanied by the lawyer and MUNZ members, we met with the crew. Also in attendance were the vessel’s NZ agents (ISS McKay) and an interpreter provided by them. We discussed the situation with the crew and answered any questions they had to the best of our abilities. I put to the agents a request for money for the men’s essential needs and after a lot of negotiation we managed to get the arresting bank to give each man a payment of NZ$200 – not a huge amount but they were very grateful to have it.

“The ship has no ITF approved agreement in place, and the Burmese crew were on pay rates below ITF minimums. The way they were being paid was that apart from allotments some of them had sent home, they were only to be given the balance of their wages at termination of their contracts. So they had had no cash at all for many months. The allotments going home to the families stopped in April, leaving the families destitute.”

He continued: “After negotiation the arresting bank agreed to pay the wages arrears for the full nine months (US$338,521) and the repatriation expenses of the crew before the ship has even been sold, and they were paid today, with flights booked for next Tuesday. The bank does however want a skeleton crew to remain on board pending the new owner’s crew taking over. A number of the crew were willing to stay on if an appropriate new agreement could be reached. We insisted that any new agreement be at ITF TCC rates and this has now been agreed by the bank.”

The other Eastwind cases the ITF has helped with are:

The Liberian-flagged Yamaska was in the port of Mosjoen, Norway. ITF Coordinator Nils Pedersen negotiated through the local representative of London-based law firm Ince & Co for the crew to receive their owed wages. The vessel cargo receiver refused to have the vessel berth and discharge until the local ITF affiliated union gave the go ahead. The vessel was allowed to berth on the 31st July and the crew received their owned wages of US$115,509 on the 4th August.

The Liberian-flagged EW Snowdon was in the port of Hull, UK, having been arrested by the Aozora Bank. ITF Inspector Bill Anderson obtained power of attorney from the crew to help them recover wages owed since April. Bill Anderson negotiated with the bank with the result that on the 19th August the crew received the US$266,082 owed to them. Eighteen were repatriated and four agreed to stay on board the vessel to ensure its safety while the arrest was in place.

The MSC Peru (LBR) was docked in Balboa, Panama. ITF inspector Luis Fruto, assisted by ITF US Coordinator Jeff Engels, reports that the case was resolved on 1st August with the payment of $204,329 wages and the return of the crew to their homes on 4th August.

MSC Parana (LBR). ITF Inspector in Houston Shwe Tun Aung reports that the crew have been paid and repatriated. Confirmation from the captain that the crew members arrived safely back in Burma and received all outstanding wages (US$200,000) has been received.

The Liberian-flagged Yucatan was in the port of Galveston, USA. ITF Inspector Shwe Tun Aung negotiated with the bank which had arrested it and on the 31st Aug 2009 the crew received the US$130,000 owed to them and were repatriated.

ENDS

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