Monday, 16 April 2007

How Do Words Matter or Be Your Own Advocate

In this article I want to give an example of two different statements of facts,  of language, of intentions, and of purpose. While the first was compiled by an attending NYK Portcaptain, the second one was put by the ship for the same event and then accepted by the Portcaptain instead of his own. Please note that both the statements are 100% TRUE.

The problem can be explained this way: the first statement has a portion of true information omitted in the second one, and the second statement has the portion of true information not incorporated into the first one.

Here you are some clarifications before start delving into the matter:
Painting of ship’s side with cargo operations in progress or if cargo is stowed on the peer is treated as a major failure to comply with NYK Line instructions. Latter can lead to a warning and lowering the rating of the ship’s Management Company, sacking C/O or even Master, and banning the ship from serving a particular Major at all.

On the other side, poorly painted ship’s side is always a concern by NYK Line auditors, as it does not give impression of a rust-free and clean car carrier. And it should be rust-free and clean! Same time, it is a concern for ship’s Superintendent answering for the ship’s condition in front of the Owners and Charterers. Thus, no doubt, fresh looking ship’s side is a concern for the ship’s Master and his C/O.

Previous practice implied obtaining Agent's and a Portcaptain's permissions to paint on the ship’s side while alongside. Normally, if no special local regulations applicable, if care is taken for pollution prevention, if area to be painted is not close to the cargo, and if no such factors as wind blowing in an undesirable direction are present – a verbal permission was normally granted. Then work was going on with nerves and tensions all the time because if anything goes wrong – ship lands in a major problem.

There are two different types of Portcaptains in NYK Line. Local Portcaptains – responsible for coordination of the operations in the particular area, and the Japanese Portcaptains. The later are the trusted watch called to survey cargo operations go NYK Line style, and they do not often have concern with the rest of practical world of shipping. Some of Japanese Portcaptains are very practical people and try to find ways to improve quality of cargo handling with methods suitable in a particular situation. But some of them happen to be hard-headed samurais having lost all rapport with the Stevedores or with the local NYK Line staff and thus switching over to the only soft target – the ship’s staff.

Due to its position of a very powerful customer, NYK always exercises huge influence on the ship’s Management Company. Nothing similar is possible in relations with the Stevedores or local NYK staff, who stay protected by thick fences of national or union regulations. Financial relations between the Carrier and Consignee also allow the shore-based personnel for another degree of freedom from NYK.

The Statements of Facts emerged as a result of personal clash between C/O and that time Japanese Portcaptain. The clash started actually from much more mundane matters, not at all related to the case described.
So...

Original statement prepared by the Portcaptain
 

Final statement in my interpretation

What happened
C/O alerted me of the Portcaptain’s making a statement of facts related to our ship’s side painting.

Then it took almost one hour to bring down the raging storm purely by courtesy and by showing the knowledge of NYK procedures.

Finally the Japanese Portcaptain accepted my version of statement instead of his and promised not to raise this matter in NYK on condition that ship inform Managers of the accident and carry out additional training on NYK procedure for the involved in painting ship’s staff.

Therefore after signing by the both parties I sent a copy of the final Statement to my Fleet Manager, parently talked to C/O, obliged him to discus the matter with the deck crew, and had that matter closed.

Conclusion
Truth has many facets. One asserts his side of the truth, despite one often sees the matter in full 3D.

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