
MARINE
ENGINEERS' BENEFICIAL ASSOCIATION (AFL-CIO)
"On
Watch in Peace and War Since 1875"
MEBA TELEX TIMES FEBRUARY
12, 2010
The Official Union Newsletter
NUMBER
07
In
this issue...
M.E.B.A. fighting bad WSF bill in
Wash. State…Great Lakes news…Coast Guard senior leadership team announced…
M.E.B.A. is keeping a watch in Washington State against a pair of egregious proposals in a State Senate bill that would have dished out undesired rule changes for Washington State Ferry employees. State Senator Mary Margaret Haugen, who chairs the Senate Transportation Committee, offered up a bill earlier this year that swung an unwelcome jab at the Jones Act. Washington State Senate Bill 6109 includes a proposal that attacks the Jones Act under the guise of trying to cut costs in the WSF system. A provision in the bill would have removed Jones Act coverage of injury claims for State maritime employees – and instead routes them through workmen’s compensation. This provision would further separate our WSF members from their deep sea brethren and possibly open up further attacks on the Jones Act in the WSF system.
In addition, the State Senate bill further wounds worker rights by killing the Marine Employees Commission (MEC), the agency that processes grievances for the WSF unions and provides arbitration services, a system that has worked very well for many years for both parties. The functions of the MEC would instead be spun off to the Public Employment Relations Committee.
M.E.B.A. Seattle has been very involved in the battle against these provisions in a fight that has been assisted greatly by the work of M.E.B.A. lobbyist Gordon Baxter and M.E.B.A. Chief Counsel Nils Djusberg. Through their coordinated efforts with the MM&P, ILWU and IBU, and with the help of the M.E.B.A. Political Action Fund, the offending Jones Act provision was removed from the bill that was passed out of the State Transportation Committee. Seattle Patrolman Jim McCrary aided the cause by testifying before the Committee on the merits of the Jones Act. The bill heads to the Rules Committee then goes to the Senate Floor if passed. For now the language regarding the MEC is intact, but there are strong indications – again because of the hard work of our team – that it won’t survive in the House, if it isn’t stopped before then. M.E.B.A. will continue to keep its hand on the pulse of the issue and follow it through to completion.
BETTY SUTTON NAMED GREAT LAKES LEGISLATOR OF THE YEARA lifelong commitment to American-made products, dedication to saving and creating jobs, creating economic development opportunities, and her commitment to restoring the promise of the middle class has earned Congresswoman Betty Sutton (D-OH) an award as 2010 Great Lakes Legislator of the Year from the largest labor/management coalition representing workers and industries dependent on shipping on the Great Lakes. Rep. Sutton, who represents Ohio's 13th District in the House of Representatives, formally received the award from the Great Lakes Maritime Task Force (GLMTF) in Washington D.C. last week. M.E.B.A.’s Cleveland Representative Torey Zingales serves in the group
and attended the function. In addition, M.E.B.A. Nils Djusberg took part in the evening affair as well as an earlier meeting of the Task Force with senior Congressional aides concerning a variety of hot topics of interest to the Lakes."Rep. Sutton's leading role in enacting the Consumer Assistance to Recycle and Save (CARS or "Cash for Clunkers" Program) Act made her our overwhelming choice," said James Weakley, President of both GLMTF and the Lake Carriers' Association. "That program resulted in the sale of more than 330,000 American-made cars, and light- and heavy-duty trucks. An estimated 60,000 jobs were created or saved by the program and the sales stimulated local economies nationwide, resulting in a $3.8 billion to $6.8 billion increase in the GDP." Weakley noted there's a strong connection between shipping on America's Fourth Sea Coast and the automotive industry. "On average, a car requires 1,600 pounds of steel, so the Cash for Clunkers program means 265,000 tons of American-made steel is moving people about the country. Iron ore, the primary ingredient in steel, is the largest cargo on the Great Lakes. It takes about 1.5 tons of iron ore to make a ton of steel, so those vehicles consumed nearly 400,000 tons of Minnesota and Michigan iron ore that moved from mine to mill in U.S.-Flag lakers."
"The environmental benefits of fuel efficiency are another tie to Great Lakes shipping," said John D. Baker, 1st Vice President of GLMTF and President Emeritus of the ILA's Great Lakes District Council. "Waterborne commerce is the greenest mode of transportation. Ships use less fuel and produce fewer emissions than trains and trucks. For example, the U.S. Army Corps of Engineers estimates the largest U.S.-Flag vessels on the Lakes move a ton of cargo 607 miles on one gallon of fuel. In comparison, a train can move a ton only 202 miles per gallon of fuel."
Baker stressed the only thing stronger than Sutton's commitment to the environment is her allegiance to American labor and enterprise. "I have known Betty for many years. She was one of the ILA's lawyers in Cleveland. Time after time she has stood firm with American labor and American companies. That's important in the maritime industry, because the ground rules for domestic shipping are embodied in the Jones Act and its requirement that cargo moving between U.S. ports be carried in vessels that are U.S.-owned, U.S.-built, and U.S.-crewed."
GREAT LAKES GROUP ISSUES BALLAST WATER REPORTThe Great Lakes Seaway Ballast Water Working Group (BWWG), comprised of representatives of the United States Coast Guard (USCG), the U.S. Saint Lawrence Seaway Development Corporation (SLSDC), Transport Canada - Marine Safety (TCMS), and the Canadian St. Lawrence Seaway Management Corporation (SLSMC) recently issued its 2009 Great Lakes Seaway Ballast Water Management report. The group’s mandate is to develop, enhance, and coordinate bi-national enforcement and compliance efforts to reduce the introduction of aquatic invasive species via ballast water. The BWWG is actively engaged and providing an energetic response to calls for tougher ballast water regulation of ocean-going vessels transiting the Seaway.
In 2009, 100% of vessels bound for the Great Lakes Seaway received a ballast tank exam. A total of 5450 ballast tanks, onboard 295 vessels, were sampled and had a 97.9% compliance rate. Vessels that failed to properly manage their ballast tanks were required to either retain the ballast water and residuals on board, treat the ballast water in an environmentally sound and approved manner, or return to sea to conduct a ballast water exchange. In addition, 100% of ballast water reporting forms were screened to assess ballast water history, compliance, voyage information and proposed discharge location. The BWWG anticipates continued high vessel compliance rates for the 2010 navigation season.
Today, ballast water management requirements in the Great Lakes and the St. Lawrence Seaway System are among the most stringent in the world. Mandatory ballast water regulations that include saltwater flushing, detailed documentation requirements, increased inspections, and civil penalties provide a comprehensive regulatory enforcement regime to protect the Great Lakes Seaway System. USCG regulations, and the Seaway no ballast onboard (NOBOB) regulation, require all vessels destined for Seaway and Great Lakes ports from beyond the exclusive economic zone (EEZ) to exchange all their ballast tanks at sea. As a result, the risk of a ballast water mediated introduction of aquatic invasive species into the Great Lakes has been mitigated to extremely low levels.
ICE CAUSES COAL CARGO DELAYS ON LAKES; IRON ORE CARRIAGE IS UPVessel delays caused by heavy ice forced the cancellation of coal cargos that totaled more than 100,000 tons in January. Those cancellations, coupled with sluggish demand, produced a 21 percent decrease in coal shipments compared to a year ago. Most of the cancelled coal cargos were the result of an ice jam that clogged the Detroit River and delayed 13 vessels on January 10-11. Although U.S. Coast Guard icebreakers were eventually able to get commerce moving, vessel operators had to cancel voyages for fear of becoming trapped again. The U.S. Coast Guard has eight icebreakers stationed on the Lakes, but five were built in the 1970s and are nearing the end of their productive lives. To bolster its forces, the Coast Guard brought an East Coast icebreaker to the Lakes for the winter and that vessel, the
PENOBSCOT BAY, did assist many freighters.Canada used to have seven icebreakers on the Lakes, but has trimmed its fleet to just two hulls. Since there are often as many Canadian lakers in service as there are American during the ice season, the U.S. Coast Guard is more and more assigning its resources to assist Canadian vessels and break ice in Canadian ports.
The steady climb in operating rates at steel mills produced a stunning increase in iron ore shipments on the Great Lakes in January. Loadings totaled 1.9 million tons, an increase of 168 percent compared to a year ago. So far this year each week has brought a small increase in the capacity utilization rate at steel mills. The most recent report from the American Iron and Steel Institute finds that for the week ending February 6 the industry is using 67.3 percent of its capacity. A year ago mills had only 45 percent of their capacity on line. Most of the Great Lakes iron ore ports stopped shipping when the locks at Sault Ste. Marie, Michigan, closed – as per Federal regulation – on January 15.
GUILTY PLEA IN BRIBE FOR PANAMANIAN MARITIME CONTRACTA Virginia resident has pleaded guilty in connection with his role in a conspiracy to pay bribes to former Panamanian government officials. John W. Warwick, 64, of Virginia Beach, Va., pleaded guilty before U.S. District Court Judge Henry E. Hudson in Richmond, Va., to a one-count indictment charging him with conspiring to make corrupt payments to foreign government officials for the purpose of securing business for Ports Engineering Consultants Corporation (PECC) in violation of the Foreign Corrupt Practices Act (FCPA). Warwick was indicted on Dec. 15, 2009. PECC, a company incorporated under the laws of Panama, was affiliated with an engineering firm based in Virginia
Beach. According to the indictment, PECC was created so that Warwick, co-conspirator Charles Jumet, the engineering firm and others could corruptly obtain certain maritime contracts from the Panamanian government.According to court documents, Warwick and Jumet participated in a conspiracy to pay money secretly to Panamanian government officials for awarding contracts to PECC to maintain lighthouses and buoys along Panama’s waterway. In December 1997, the Panamanian government awarded PECC a no-bid 20-year concession to perform these duties. Upon receipt of the concession, Warwick, Jumet and others authorized corrupt payments to be made to the Panamanian government officials.
In connection with his guilty plea, Warwick admitted that at least from 1997 through approximately July 2003, he, Jumet and others conspired to make corrupt payments totaling more than $200,000 to the former administrator and deputy administrator of the Panama Maritime Authority and to a former, high-ranking elected executive official of the Republic of Panama.
As part of his plea agreement, Warwick has agreed to forfeit $331,000, which represents the proceeds of this crime. At sentencing, scheduled for May 14, 2010, at 10:30 a.m. before Judge Hudson, Warwick faces a maximum of five years in prison and a fine of the greater of $250,000 or twice the gain or loss.
COAST GUARD ANNOUNCES LEADERSHIP TEAMThe U.S. Coast Guard has issued a notice detailing its new senior leadership team that will assume their positions on May 25
th, following the scheduled Change-of-Command. Adm. Robert Papp will take over for Thad Allen as Commandant (subject to Senate confirmation). Rear Admiral Sally Brice O’Hara will receive a promotion to Vice Admiral and serve as Vice Commandant. Rear Admiral Robert C. Parker will also be promoted to Vice Admiral and assigned as Commander, Atlantic Area. Rear Admiral Manson K. Brown will be promoted to Vice Admiral and serve as Commander, Pacific Area. Vice Admiral John Currier will be the new Chief of Staff. Rear Admiral Brian Salerno will be assigned as Deputy Commandant for Operations in a position that does not require Senate confirmation. LIBERTY NEEDS CHIEFSLiberty Maritime is seeking résumés from Chief Engineers interested in sailing for the company. Interested individuals should send their particulars including a résumé via e-mail to personnel@libertymar.com. You may also contact Nina Timonina at (516) 488-8800 with any specific questions about these opportunities.
SNOW CLOSES D.C./BALTIMORE OFFICESThe Washington D.C. and Baltimore areas were reeling from their biggest snowfall in recorded history this week closing Headquarters for three days this week. The Plans Office in Baltimore shuttered its doors on Wednesday and Thursday and operated with a skeleton crew on the other days. The Baltimore Union hall was open most of the week but operated on reduced hours for several days.
The Federal Government was shut down for four days this week partly due to inadequate plowing that left the streets of D.C. a slippery mess. Power outages, metro shutdowns and sidewalks covered with two feet of snow coupled with terrible road conditions prevented most employees from coming into work, but a handful of staffers and officials who live close to their M.E.B.A. office still found a way into work to put some hours. However, most were warned to stay at home for their own safety, especially on Wednesday when white-out conditions created a perilous travel situation. The Baltimore City Mayor banned travel on city streets that day only permitting emergency vehicles, snow plows and power crews on the roads. Officials and many staffers remained in contact throughout the week by cell phone and e-mail keeping current with their work on their laptops.
Unfortunately, prognosticators let snow–weary resident know that there is a chance for additional snowfall on Monday – President’s Day.
UNION PLUS MATCHING DONATIONS FOR HAITI EARTHQUAKE RELIEFUnion Plus has committed $100,000 through a dollar-for-dollar donation match to help Haitian earthquake relief efforts. "Despite the millions of dollars raised already, the people of Haiti continue to need our help. That’s why we are committing $100,000 to double the donations made by union members to the Solidarity Center," Union Plus President Leslie Tolf said.
The Solidarity Center is providing immediate life-saving relief supplies including food, clean water, medical supplies, blankets and tents to the Haitian people. Goods are currently being delivered to the Confederation of Haitian Workers training center, which is providing shelter, food, and medical assistance for hundreds.
Donations can be made at UnionPlus.org/Haiti or by sending a check to: Solidarity Center Education Fund, Attn: Joan Welsh, 888 16th Street, N.W., Suite 400, Washington, DC, 20006. Please designate "Earthquake Relief for Haitian Workers" in the memo line of the check.
REGULAR MONTHLY MEETINGSMonday, March 8 – Boston; Jacksonville;
Seattle;
Tuesday, March 9 – Baltimore/Calhoon School@CMES, Houston, San Francisco
(Oakland);
Wednesday, March 10 – Charleston, New Orleans;
Thursday, March 11 – L.A. (Wilmington), New York (New Jersey), Norfolk, Tampa;
Friday, March 12 – Honolulu.
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