Full Volume 19 - Federal Maritime Commission

FEDERAL MARITIME COMMISSION
DoCKET No 7551
PERRY S CRANE SERVICE INC
v
PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY TEXAS
PARTIAL ADOPTION OF INITIAL DECISION
February 25 1977
By THE COMMISSION Karl E Bakke Chairman Ashton C Barrett and
James V Day
Commissioners
This proceeding was commenced with the filing of a complaint by
Perry s Crane Service Perry against the Port of Houston Authority of
Harris County Texas Houston alleging that Houston has been engaging
in certain practices in connection with the rental of heavy crane
equipment which violate sections 16 17 and 18 of the Shipping Act
1916 46 D S C 815 816 817 2
The essence of the complaint is that certain tariff rules and related
practices which give Houston s cranes tirst priority on jobs even to the
extent of displacil lg Perry s and other private crane owners equipment
already working are unduly and unreasonably preferential and uqjust
Complainant is seeking arevision of tariff rules and related practices as
well as reparation for the alleged violations
In his Initial Decision Administrative Law Judge
concluded that
Norman D Kline
1 Houston s first call and bumping practices violate sections 16
First and 17 of the Shipping Act 1916 the Act not only as applied
against private crane operators such as Perry but also with regard to
stevedores hiring private cranes
2 Houston is entitled to a reasonable preference as to its own cranes
and may retain tirst call privileges provided it can timely frrnish a crane
equally suited for the job Houston may also retain its bumping
1 Commissioner Bob Casey not participatina
At the outset of the hearina with the aareement ofcounsel the Prosidina Officer clarified the scope of the
complaint to encompass only alleaed violations of section 16 Firat and the secondparaaraph of section 17 of the Act
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19 F M C