An act to amend the Shipping Act, 1916, to exempt collective bargaining and related agreements from regulation by the Federal Maritime Commission.
PL 96-325 (H.R.6613), enacted 08/08/1980

PUBLIC LAW 96-325—AUG. 8, 1980 
94 STAT. 1021 
Public Law 96 
96th Congress 
-325 
An Act 
To amend the Shipping Act, 1916, to exempt collective bargaining and related 
agreements from regulation by the Federal Maritime Commission. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. That this Act may be cited as the "Maritime Labor 
Agreements Act of 1980". 
SEC. 2. Section 1 of the Shipping Act, 1916 (46 U.S.C. 801) is 
amended by adding, at the end of that section, the following: 
"The term 'maritime labor agreement' means any collective bar-
gaining agreement between an employer subject to this Act, or group 
of such employers and a labor organization representing employees 
in the maritime or stevedoring industry, or any agreement prepara-
tory to such a collective bargaining agreement among members of a 
multiemployer bargaining group, or any agreement specifically 
implementing provisions of such a collective bargaining agreement 
or providing for the formation, financing, or administration of a 
multiemployer bargaining group.". 
SEC. 3. The fifst paragraph of section 15 of the Shipping Act, 1916 
(46 U.S.C. 814) is amended to read as follows: 
"SEC. 15. Every common carrier by water, or other person subject to 
this Act, shall file immediately with the Commission a true copy, or, 
if oral, a true and complete memorandum, of every agreement with 
another such carrier or other person subject to this Act, or modifica-
tion or cancellation thereof, to which it may be a party or conform in 
whole or in part, fixing or regulating transportation rates or fares; 
giving or receiving special rates, accommodations, or other special 
privileges or advantages; controlling, regulating, preventing, or 
destroying competition; pooling or apportioning earnings, losses, or 
traffic; allotting ports or restricting or otherwise regulating the 
number and character of sailings between ports; limiting or regulat-
ing in any way the volume or character of freight or passenger traffic 
to be carried; or in any manner providing for an exclusive, preferen-
tial, or cooperative working arrangement. The term 'agreement' in 
this section includes understandings, conferences, and other arrange-
ments, but does not include maritime labor agreements or any 
provisions of such agreements, unless such provisions provide for an 
assessment agreement described in the fifth paragraph of this 
section.". 
SEC. 4. Section 15 of the Shipping Act, 1916, as amended, is further 
amended by inserting between the fourth and fifth paragraphs 
thereof, the following new paragraph: 
"Assessment agreements, whether part of a collective bargaining 
agreement or negotiated separately, to the extent they provide for the 
funding of collectively bargained fringe benefit obligations on other 
than a uniform man-hour basis, regardless of the cargo handled or 
type of vessel or equipment utilized, shall be deemed approved upon 
filing with the Commission. The Commission shall thereafter, upon 
complaint filed within 2 years of the date of filing of the agreement, 
disapprove, cancel, or modify any such agreement, or charge or 
Aug. 8, 1980 
[H.R. 6613] 
Maritime Labor 
Agreements Act 
of 1980. 
46 u s e 842 note. 
"Maritime labor 
agreement." 
Filing of 
common carrier 
contracts. 
"Agreement.' 
Assessment 
agreements. 
46 u s e 814. 
Complaint filing. 
94 STAT. 1022 
PUBLIC LAW 96-325—AUG. 8, 1980 
Decision. 
Complaint 
proceeding. 
46 u s e 821. 
46 u s e 848. 
46 u s e 841c. 
46 u s e 848. 
Exemptions. 
Reparation 
claims. 
46 u s e 841c 
note. 
assessment pursuant thereto, that it finds, after notice and hearing, 
to be unjustly discriminatory or unfair as between carriers, shippers, 
or ports, or to operate to the detriment of the commerce of the United 
States. The Commission shall issue its final decision in any such 
complaint proceeding within 1 year of the date of filing of the 
complaint. To the extent that any assessment or charge is found, in 
such a complaint proceeding, to be unjustly discriminatory or unfair 
as between carriers, shippers, or ports, the Commission shall remedy 
the unjust discrimination or unfairness for the period of time 
between the filing of the complaint and the final decision by means of 
assessment adjustments. Such adjustments shall be implemented by 
prospective credits or debits to future assessments or charges, except 
in the case of a complainant who has ceased activities subject to the 
assessment or charge, in which case reparation may be awarded. To 
the extent that any provision of this paragraph conflicts with the 
language of section 22 or any other section of this Act, or of the 
Intercoastal Shipping Act, 1933, the provisions of this paragraph 
shall control in any matter involving assessment agreements 
described herein.". 
SEC. 5. Section 45 of the Shipping Act, 1916 (46 U.S.C. 842), and all 
references thereto, is redesignated section 46 and a new section is 
added as follows: 
"SEC. 45. The provisions of this Act and of the Intercoastal Shipping 
Act, 1933, shall not apply to maritime labor agreements and all 
provisions of such agreements except to the extent that such provi-
sions provide for the funding of collectively bargained fringe benefit 
obligations on other than a uniform man-hour basis, regardless of the 
cargo handled or type of vessel or equipment utilized. Notwithstand-
ing the preceding sentence, nothing in this section shall be construed 
as providing an exemption from the provisions of this Act or of the 
Intercoastal Shipping Act, 1933, for any rates, charges, regulations, 
or practices of a common carrier by water or other person subject to 
this Act which are required to be set forth in a tariff, whether or not 
such rates, charges, regulations, or practices arise out of, or are 
otherwise related to a maritime labor agreement.". 
SEC. 6, The changes made to existing laws by the provisions of this 
Act shall not affect any claims for reparation, if any, based upon 
conduct occurring prior to the date of enactment of this Act or formal 
Commission proceedings commenced prior to the date of enactment 
of this Act. 
Approved August 8, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-876 (Oomm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 96-854 (Oomm. on Oommerce, Science, and Transportation). 
eONGRESSIONAL RECORD, Vol. 126 (1980): 
Apr. 15, considered and passed House. 
July 24, considered and passed Senate, amended. 
July 30, House concurred in Senate amendments.