[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR783.36]

[Page 658]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 783_APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES EMPLOYED 
AS SEAMEN--Table of Contents
 
Sec. 783.36  Barge tenders.

    Barge tenders on non-selfpropelled barges who perform the normal 
duties of their occupation, such as attending to the lines and anchors, 
putting out running and mooring lights, pumping out bilge water, and 
other similar activities necessary and usual to the navigation of 
barges, are considered to be employed as ``seamen'' for the purposes of 
the Act unless they do a substantial amount of ``non-seaman's'' work 
(Gale v. Union Bag & Paper Corp., 116 F. (2d) 27 (C.A. 5, 1940), cert. 
den. 313 U.S. 559 (1941)). However, there are employees who, while 
employed on vessels such as barges and lighters, are primarily or 
substantially engaged in performing duties such as loading and unloading 
or custodial service which do not constitute service performed primarily 
as an aid in the operation of these vessels as a means of transportation 
and consequently are not employed as ``seamen'' (McCarthy v. Wright & 
Cobb Lighterage Co., 163 F. (2d) 92; Anderson v. Manhattan Lighterage 
Corp., 148 F. (2d) 971, certiorari denied 326 U.S. 722; Woods Lumber Co. 
v. Tobin, 20 Labor Cases 66, 640 (W.D. Tenn, 1951), aff'd, 199 F. (2d) 
455). Whether an employee is on board a vessel primarily to perform 
maritime services as a seaman or loading and unloading services typical 
of such shore-bases personnel as longshoremen is a question of fact and 
can be determined only after reviewing all the facts in the particular 
case.

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