MARINE ENGINEERS' BENEFICIAL ASSOCIATION (AFL-CIO)
         "On Watch in Peace and War Since 1875"

MEBA TELEX TIMES       FEBRUARY 06, 2009

The Official Union Newsletter

NUMBER 6

In this issue...
DOL nominee delay...Short sea shipping bill...FAINA finally released... Showing our true colors, we give you the green light for the gold standard of newsletters that covers the spectrum of industry items. Blacklist brown-nosing, monochromatic competitors that practice yellow journalism. We tan their hides, give them a pink slip and bring you on a white-knuckle maritime ride served up on a silver platter. The blue-ribbon Telex Times paints the town red!

SOLIS NOMINATION SUFFERING MORE DELAYS
The nomination of Rep. Hilda Solis as the next Labor Secretary has hit yet another snag. A planned vote on Thursday by the Senate Health, Education, Labor and Pensions Committee on her nomination was "indefinitely postponed" following the revelation of new information that Solis's husband had unsettled tax liens placed against his auto business. Her husband, Sam Sayyad, apparently paid over $6,000 dollars on Wednesday to settle 15 tax liens - some of which had been outstanding for as much as 16 years. Solis and her husband allege that they had been unaware of the liens until the information reached them on February 3. Rep. Solis is not a partner in the business and has no tax troubles of her own. This is the latest obstacle in what has turned into an epic confirmation process. Solis had her initial confirmation hearing on Jan. 9. Reportedly, some Republican Senators were not enthused by her support for labor unions and endorsement of the Employee Free Choice Act. But before the Thursday hearing was postponed, there was a general feeling that written responses to Senators' questions had at least partially placated some of the nagging doubts and that Solis would likely receive enough Committee votes to move her nomination to a Senate Floor vote. Republican Senators this week also expressed their concerns with Solis' role as a board member and treasurer in a pro-labor group called American Rights at Work, for which she does not receive compensation.

The hearing has not yet been rescheduled although the Committees Ranking Republican Michael Enzi guessed that it could happen as soon as early next week.

HUGLER TAPPED AS ACTING LABOR SECRETARY
Given the delays in the confirmation process for Hilda Solis, President Obama has designated a career Labor Department employee to serve as Acting Secretary in the meantime. Edward C. Hugler had been serving as the deputy assistant Labor Secretary for Administration and Management before he got the temporary promotion. Hugler has spent 32 years with the Department working as a lawyer in the Solicitors Office, and from 1991 to 1997 serving as the Deputy Assistant Secretary for mine safety and health administration issues. Of late, Hugler had been responsible for day-to-day management of departmental activities in the areas of information technology, human resources, civil rights and business services.

A Labor Department spokesman said that, Hugler will fill the top job at DOL, until a Secretary of Labor is confirmed and takes office, unless otherwise directed by the President.

CUMMINGS REINTRODUCES HMT EXEMPTION BILL TO PROMOTE SHORT SEA SHIPPING
As he did in the last session of Congress, Rep. Elijah Cummings (D-MD) has introduced a measure to exempt cargo moving within the United States or between the U.S. and Canada on the St. Lawrence Seaway from the Harbor Maintenance Tax - a bill that proponents believe will clear the way for the expansion of short sea shipping in this country. M.E.B.A. and other maritime unions are strongly in favor of the legislation, and sent a letter of support for last year's session's identical bill calling for relief from the current system which penalizes U.S. flagships that move between domestic ports. It stated, "This application of the HMT which results in the dual or multiple taxation of waterborne cargo does not apply to cargo moving domestically by truck or rail. Consequently, this application of the HMT discourages the transportation of domestic cargo by water and impedes the development of a U.S. short sea shipping and marine highway system and should be eliminated." The new bill is called The Short Sea Shipping Promotion Act of 2009 and tagged as H.R. 638.

Congressman John McHugh (R-NY) introduced similar legislation to exempt the HMT from certain vessels though his bill is less encompassing focusing more on the Great Lakes System. Both bills were referred to the Ways and Means Committee.

SHIP WITH HIJACKED RUSSIAN WEAPONS IS RELEASED
The saga of the Ukrainian ship FAINA has ended after the ship that was hijacked by pirates off the coast of Somalia on September 25th was released. The vessel was loaded up with 33 Russian tanks, rocket-propelled grenades and anti-aircraft guns. The roll-on/roll-off vessel is Ukrainian owned and flagged in Belize. Reports said that a $3.2 million ransom was paid and dropped aboard the ship from an aircraft prompting the release.

The FAINA initially had a crew of 21 but the ship's captain was reported to have suffered a fatal heart attack shortly after being taken hostage. The pirates refused all requests to turn over the Captains remains. The ship's remaining crew includes 17 Ukrainian citizens, two Russians and one Latvian.

"We are extremely pleased that Motor Vessel FAINA and her crew have been released," said Vice Adm. Bill Gortney, Commander, U.S. Naval Forces Central Command. "The United States Navy and our Coalition partners will continue to fight piracy, and work with the international community to find a long-term, shore-based solution to this maritime crime."

Eight ships and nearly 150 merchant mariners are still being held hostage by pirates.

RALLY FOR EMPLOYEE FREE CHOICE ACT
Throughout the past year, supporters of the freedom to form unions and bargain have carried out a national campaign to pass the Employee Free Choice Act. On Wednesday, hundreds of union workers and others staged a rally outside the U.S. Capitol then delivered thousands of petitions demanding Congress pass the Employee Free Choice Act and make the economy work for everyone. An M.E.B.A. contingent was on hand to lend their support including Executive V.P. Mike Nizetich who was in town on business.

The union movements Million Member Mobilization has been a great success, collecting 1.5 million signatures and showing broad public support for the freedom to form unions and bargain for a better life. To add your name to the petition to support Employee Free Choice you can visit www.freechoiceact.org/page/s/aflcio.

LaHOOD CREATES TEAM TO COORDINATE DOT ROLE IN ECONOMIC RECOVERY
U.S. Transportation Secretary Ray LaHood announced that he has created a team at the Department of Transportation (DOT) to coordinate the Department's role in President Obama's economic recovery program. The team will ensure that economic recovery funding is rapidly made available for transportation infrastructure projects and that project spending is monitored and transparent. The team, known as the Transportation Investment Generating Economic Recovery (TIGER) team, is composed of officials from across the Departments operating administrations and offices. The team is co-chaired by Lana Hurdle, deputy assistant secretary for budget and programs, and Joel Szabat, deputy assistant secretary for transportation policy. "We created the TIGER team to make sure that DOT's portion of recovery funding goes out to states and localities as quickly as possible in order to immediately create jobs and strengthen our economy and transportation systems," Secretary LaHood said.

The team will identify and prioritize key highway, bridge, transit, rail, aviation and intermodal spending. The team also will develop reporting standards to accurately track the money as it is being spent and ensure that all accountability requirements are being met.

MARAD ADVISORY FOR MARINERS TRANSITING GULF OF ADEN
The Maritime Administration has issued an Advisory providing updated guidance for mariners transiting in the Gulf of Aden.

In cooperation with European Union Naval Force (EUNAVFOR) Atalanta and the United Kingdom Maritime Trade Organization (UKMTO), Combined Forces (CMF) is revising the internationally recommended UKMTO transit corridor through the Gulf of Aden in response to feedback from the international maritime community. This revision is intended to reduce the risk of collision between vessels utilizing the corridor, provide a measure of traffic separation, and allow maritime forces to conduct deterrent operations in the Gulf of Aden with a greater degree of flexibility.

Effective Feb. 1, 2009, the revised UKMTO transit corridor came into effect. All vessels planning to transit the Gulf should plan to use the revised corridor. Revisions to the corridor include the creation of separate east bound and west bound transit lanes. Each lane will be 5 nm wide and will be separated by a 2 nm buffer zone. The east bound lane will begin at 045 east between 11 48 north and 11 53 north. The lane will be oriented along a straight line course of 072 degrees and terminate at 053 degrees east between 14 18 north and 14 23 north. The west bound lane will begin at 053 degrees east between 14 25 north and 14 30 north. The lane will be oriented along a course of 252 and terminate at 045 degrees east between 11 55 north and 12 00 north. It is not marked or defined by visual navigational means, nor is it intended to be a dedicated traffic separation scheme but in order for warship patrols to be effective, vessels transiting the Gulf of Aden are strongly recommended to adhere to these guidelines regarding use of the UKMTO transit corridor.

CMF, in cooperation with the efforts of forces from NATO, the European Union (EU), China, India, Malaysia, and Russia, have had success in deterring attacks on merchant shipping. A far greater number of attacks have been thwarted through defensive and protective measures taken by commercial and civilian ships prior to entering and during transit through the area. Despite the increase in presence and effectiveness of naval forces in the region, as well as the effectiveness of defensive and protective measures, pirate activity has continued and a number of commercial and civilian ships have been successfully attacked and seized. There are indications that pirates in the area continue to adapt their techniques and procedures in order to achieve success in capturing vessels, both in the Gulf of Aden as well as in the open ocean of the east coast of Somalia. In light of the pirates increased resolve and adaptability, additional precautions and risk assessments are encouraged. Vessels such as passenger liners, luxury yachts, pleasure craft, sailboats, and ships carrying dangerous cargo or otherwise deemed to be high value assets should conduct a full risk assessment prior to planning transits through high-risk areas, especially in cases where speed and maneuverability limitations and low freeboard make a ship particularly vulnerable. In conducting such an assessment, owners and masters of such vessels should be prepared for possible attack and be prepared to employ measures to ensure the maximum possible defense. All passengers and crew should fully understand the risks associated with transiting these areas and be fully briefed on the procedures required to protect themselves in the event of an attack. Masters should remain in contact with the UKMTO and the United States Maritime Liaison Office (MARLO) to the maximum extent possible. Masters are requested to provide the details of their transit, as well as the type, nature and number/quantity of passengers and cargo at least 96 hours prior to entering high risk areas. The EU, in cooperation with Lloyds Registry, has established a web-based resource for ships to receive the latest alerts, and register their vessels prior to transiting high risk areas in the region. Owners and operators are encourages to register with the Maritime Security Center Horn of Africa (MSC-HOA), at www.mschoa.org.

The following recommendations remain in effect for all vessels:

A. Demonstrate a willingness to defend yourself. Do not present an attractive target for attack and do not surrender immediately at the first sign of a threat.

B. Employ speed and maneuver to avoid attack. Conduct transit of high threat areas a maximum sustainable speed at all times. Maintain a full visual and radar watch throughout transit. Provide extra lookouts if possible, especially during daylight hours. Lookouts should be positioned to ensure a 360 degree unobstructed field of view with full view of all freeboard areas. Avoid transiting near small boats whenever possible. Due to the sheer number of small boats in the region, most of whom are fishing boats that may be difficult to distinguish from pirate vessels, transiting near small boats may be unavoidable at times. Actively watch for developing rules of the road situations and take early action to increase cpas. Aft lookouts must be particularly vigilant for small boats approaching from astern. Maneuver aggressively if under attack. Maneuver to remove any lee from either side of ship (sea state dependent). If engineering or other technical problems cause reduced speed, immediately activate defensive measures to reduce vulnerability.

C. Adopt passive defense measures. Take all precaution detailed for speed and maneuver. Take defensive precautions prior to entering high threat areas, including rigging fire hoses, and raising outboard equipment and/or positioning inboard. Consider other non-lethal measures such as focused sonic devices and flares. Conduct transits in groups with other vessels in accordance with the recommendations provided by MSC-HOA.

D. Active defensive measures should be considered, including employment of professional security teams. Properly trained security teams, with experience in maritime defensive procedures, are known to be an effective defense measure. If employing security teams, consideration must be given to the potential for the risk to human life in the event of an engagement between pirates and security teams. It is essential that the training, experience, and qualification of any private security force be verified. Legal relationships between the flag state, ship owners, masters and the security team be understood and should be contractually agreed to.

E. If a ship comes under attack, report immediately to UKMTO, broadcast attacks immediately on all available radio circuits, adjust speed and maneuver, and activate all available defense measures. Do no immediately surrender upon approach of suspected pirate boats. Attacks have been thwarted in many cases where defensive measures were used and the vessels became difficult targets.

FORMER SHIPPING EXECUTIVE SENTENCED FOR ROLE IN ANTITRUST CONSPIRACY
A former high-level shipping executive was sentenced to serve 48 months in jail and to pay a $20,000 criminal fine for his role in an antitrust conspiracy involving the transportation of goods to and from the continental United States and Puerto Rico by ocean vessel, the Department of Justice announced. This is the longest jail sentence ever imposed for a single antitrust charge.

Peter Baci of Jacksonville, Fla., pleaded guilty on Oct. 20, 2008, in the U.S. District Court in Jacksonville for his role in the conspiracy, which began at least as early as May 2002 and continued until as late as April 2008. Baci was charged with engaging in a conspiracy to suppress and eliminate competition in the coastal water freight transportation services between the continental United States and Puerto Rico by agreeing to allocate customers, agreeing to rig bids submitted to government and commercial buyers, and agreeing to fix the prices of rates, surcharges, and other fees charged to customers.

Related antitrust charges remain pending in the U.S. District Court in Jacksonville against three other shipping executives: R. Kevin Gill and Gregory Glova, and Gabriel Serra. A related obstruction of justice charge is also pending against a fifth shipping executive, Alexander Chisholm, of Jacksonville.

The current prosecution and pending charges arose from an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the shipping industry.

U.S. COAST GUARD REPORTS HIGH COMPLIANCE RATES IN ADVANCE OF TWIC ENFORCEMENT
The U.S. Coast Guard reports high compliance rates at ports in Hawaii and American Samoa where port workers will be required to have a Transportation Workers Identification Credential, or TWIC card, by Feb. 12, 2009. Port workers holding U.S. Coast Guard licenses or merchant mariners documents are required to obtain a Transportation Workers Identification Credential, also known as a "TWIC card," if they access secure areas of waterfront facilities. All Coast Guard-licensed transportation workers will need a TWIC by April 15, 2009.

In Hawaii, approximately 2,035 port workers are required to have the card and more than 1,912 (almost 94 percent) already have it. In American Samoa, 720 are required to have it and more than 525 (or almost 73 percent) are enrolled.

The application process can be expedited by entering the required information online at https://twicprogram.tsa.dhs.gov prior to visiting the office. As part of the application process, mariners will be subject to a security threat assessment background check. The fee for the card is $132.50 and the credential is valid for five years.

Mariners may visit www.twicinformation.com or call 866-347-8942 for more information about TWIC.

REGULAR MONTHLY MEETINGS
Monday, March 2 - Boston, Jacksonville, Seattle;
Tuesday, March 3 - Baltimore, Houston, San Francisco;
Wednesday, March 4 - Calhoon School; Charleston, New Orleans, Portland;
Thursday, March 5 - L.A., New York, Norfolk, Tampa;
Friday, March 6 - Honolulu. 

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