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

MEBA TELEX TIMES       APRIL 24, 2009

The Official Union Newsletter

NUMBER 17

In this issue...
Latest piracy news...Aker launches new ship...FRC wraps up work... We brighten up the room in an incandescent, million-megawatt edition that reflects the full spectrum of illuminating industry articles. Don’t blow a fuse over powerless, burnout newsletters that lose their luster and keep you in the dark. Black out those flash-in-the-pan dimbulbs and bask in the glow of another shining example of journalism. The Telex Times will light up your life!

SOMALI PIRATE TO BE CHARGED AS AN ADULT
The Somali pirate who was apparently the ringleader in the attempt to hijack the MAERSK ALABAMA was in New York City this week to face charges. Abduwali Abdukhadir Muse was taken into custody by the U.S. Navy on April 12th in the Indian Ocean on the same day of the ALABAMA Captain was rescued from a life boat where he had been taken hostage. Muse was the pirate who had previously been tackled in the engine room of the ALABAMA by crewmembers. The heroic actions of the M.E.B.A. members onboard as well as the entire crew helped prevent the ship from being successfully hijacked.

Muse later joined three other pirates in the lifeboat following an unsuccessful exchange for the Captain. All four pirates then opened negotiations in a bid to win a payday for themselves along with their freedom. Reportedly, the wounds Muse received onboard the ALABAMA later prompted him to seek treatment aboard the USS BAINBRIDGE where he surrendered shortly before Navy SEALS took down the remaining three pirates and recovered ALABAMA Captain Richard Phillips alive.

On April 19, 2009, Muse was transferred from the custody of the U.S. Navy to the FBI for transport to the Southern District of New York. Muse will be charged as an adult. There had been some speculation that he is only 16 years old, but the court accepted evidence that he is over 18. Muse is charged with: (1) piracy under the law of nations; (2) conspiracy to seize a ship by force; (3) discharging a firearm, and aiding and abetting the discharge of a firearm, during and in relation to the conspiracy to seize a ship by force; (4) conspiracy to commit hostage taking; and (5) brandishing a firearm, and aiding and abetting the brandishing of a firearm, during and in relation to the conspiracy to commit hostage taking. The first count carries a mandatory term of life imprisonment; the second count carries a maximum potential penalty of 20 years in prison; the third count carries a maximum potential penalty of life imprisonment; the fourth count carries a maximum potential penalty of life imprisonment; and the fifth count carries a maximum potential penalty of life imprisonment.

AKER LAUNCHES OVERSEAS NIKISKI
Aker Philadelphia Shipyard has launched Hull 011 to be called the OVERSEAS NIKISKI. It is the seventh in a series of 12 product tankers scheduled to be completed by 2011. The 600 foot long vessel will be sold to American Shipping Company and bareboat chartered to OSG America for use transporting petroleum products. Skilled M.E.B.A. officers are crewing up the vessel in the ship’s engine room.

The 46,000 dwt vessel was floated off of its blocks late in the morning on Friday, and was transferred by tug from the Building Dock to the Outfitting Dock the next day where it will remain for the next few weeks as it undergoes testing and commissioning in preparation for sea trials next month. The ship is scheduled for delivery in the second quarter of 2009 and will join its six sister ships in transporting petroleum products in the Jones Act.

PIRACY ATTACKS ALMOST DOUBLED IN FIRST QUARTER OF ‘09
A dramatic increase in activity by Somali pirates led to a near doubling in the number of ships attacked during the year’s first quarter compared with the same period in 2008, according to a report issued this week by the International Chamber of Commerce’s International Maritime Bureau (IMB).

A total of 102 incidents were reported to the IMB Piracy Reporting Centre (PRC) in the first three months of 2009 compared to 53 incidents in the first quarter of 2008. The quarterly report also said attacks increased by almost 20% over last quarter of 2008. The increase in the first quarter of 2009 is due almost entirely to increased Somali pirate activity off the Gulf of Aden and the east coast of Somalia. The two areas accounted for 61 of the 102 attacks during the first quarter compared to six incidents for the same period in 2008.

IMB reported that worldwide a total of 34 vessels were boarded, 29 vessels fired upon, and nine vessels hijacked. A total of 178 crew members were taken hostage, nine were injured, five kidnapped, and two killed. In the majority of incidents, the attackers were heavily armed with guns or knives. In addition, violence against crew members continued to increase.

“The navies have played a key role in controlling piracy in the Gulf of Aden,” IMB Director Pottengal Mukundan said. “It is vital that these naval operations continue.”

Forty-one incidents were reported in the Gulf of Aden region, including the hijacking of five vessels. In January 2009, one in every six vessels attacked was successfully hijacked, with the rate decreasing to one in eight for February 2009 and one in 13 for the month of March. On average, one in eight vessels attacked was hijacked during the first quarter.

The last quarter of 2008 saw a total of 41 incidents in which the ratio was one in three vessels attacked being hijacked, IMB reported. The east coast of Somalia recorded 20 attacks in the first quarter of the year, with 18 of the incidents reported in March alone − including four hijackings. This compares to the last quarter of 2008 in which seven incidents were reported including two hijackings for this area.

In addition to Somalia, Nigeria continues to be a high risk area. In the first quarter of 2009 IMB received reports of only seven incidents, although unconfirmed reports would suggest that at least a further 13 attacks had occurred in the same period. Nearly all incidents have taken place on vessels supporting and connected to the oil industry. The report said that Peru has seen an increased level of incidents in its waters, with seven attacks reported to the PRC, all of them successful. The last quarter of 2008 saw four incidents reported.

Only one incident has been reported in the Malacca Straits this quarter, and IMB complimented the littoral states for their continued efforts in maintaining and securing the safety of the strategic trade route. The drop in attacks is due to increased vigilance and patrolling by the littoral states and the continued precautionary measures on board ships.

The situation has also improved in Bangladesh (Chittagong) and Tanzania (Dar es Salaam), with a slight decrease in the number of incidents reported in the first quarter as compared to the corresponding period last year. In the first three months of 2009 only one incident was reported for Bangladesh compared to three during the same period last year. Vessels calling at Tanzania reported two incidents as compared to four during the same period last year.

MM&P’S QUICK, MAERSK’S REINHART HONORED
An M.E.B.A. contingent including President Don Keefe was on hand last week at the Seafarers & International House Annual Awards dinner in New York City to honor two important industry advocates. Maersk Line President & CEO John Reinhart and MM&P’s Pilot Group Vice President George Quick were tapped as this year’s “Outstanding Friends of Seafarers,” an honor richly deserved by these two longtime champions of the seafarers and the maritime industry. Congratulations!

The Seafarers and International House began in 1873 as a charitable organization founded to provide seafarers and travelers with pastoral care, hospitality, social assistance and advocacy. Many an M.E.B.A. member has availed themselves of the safe, clean lodgings provided at the SIH over the years.

MARAD PIRACY ADVISORY, GUIDANCE
Not surprisingly, the Maritime Administration has released a new advisory and updated guidance for U.S.-flag vessels sailing near in the Gulf of Aden, Red Sea and Indian Ocean due to the uptick of pirate activity. The advisory urges ships to remain east of sixty degrees east and at least 600 nautical miles off the coast of Somalia. It says that U.S.-flag vessels should provide two weeks advanced notice of arrival to the waters off the Horn of Africa to the Maritime Liaison Office (MARLO) Bahrain. More advanced notice provides naval forces more time to plan the use of available naval assets. Vessels are advised to check in with MARLO Bahrain at least 96 hours prior to entering the internationally recommended transit corridor through the Gulf of Aden. Check in again upon entering the corridor and check out upon exiting the corridor. Escort service may be requested for U.S.-flag vessels by contacting MARLO Bahrain, telephone +973-39-40-1395, or by e-mail to marlo.bahrain@me.navy.mil.

If attacked or boarded by pirates, communications must be limited distress calling and response coordination per the vessel security plan. The crew member must not discuss an incident with family members or media which may put both the vessels and responders at risk. U.S.-flag vessels are encouraged to contact the Maritime Administration, Office of Security for anti-piracy assessments of vessels. For further information contact Owen Doherty at MarAd’s Office of Security, Code: MAR-420, Room W23-312, 1200 New Jersey Ave, S.E., Washington, DC 20590, Telephone 202-366-1883, Fax: 202-366-3954, TLX 710.822.9426, or email: owen.doherty@dot.gov.

SKELTON URGES PRESIDENT TO FIGHT PIRACY BY DENYING SAFE HAVEN IN SOMALIA
In a letter to the President, House Armed Services Committee Chairman Ike Skelton (D-MO) urged the administration to protect U.S. interests by denying safe haven for pirates along the coast of Somalia. Skelton also requested a meeting with administration officials to discuss the long-term options being considered for the U.S. and the international community to prevent piracy and promote governance and security in Somalia. Rep. Skelton, who has been selected by the Propeller Club as this year’s Salute to Congress honoree being awarded next week, has been a longtime advocate of eradicating the menace of piracy in world shipping lanes.

His letter states, “We have learned from past and present examples that the only way to deal with these criminals is to seek them out in the coastal safe havens where they are operating. Whether you look at the days of the Barbary pirates where the pirates were eventually defeated ashore in Algiers or the recent example in the Straits of Malacca where the combined forces of Malaysia, Indonesia, and Singapore worked together to secure their waters. In both of these examples, the victory over the pirates came when they were denied safe havens ashore.”

Rep. Skelton noted that the weak government in Somalia is unable to deal with the scourge of piracy and that many of the conditions contributing to the country’s instability must be addressed by the international community.

“Establishing a working government in Somalia is undoubtedly the best solution to the problem of piracy in the region, but as I said, this is the long-term solution. We still must address the current problem: how to stop the attacks in the short term. I encourage you to pursue these pirates beyond the waters we are currently patrolling and into the safe havens where they are operating. Article I, Section 8 of the U.S. Constitution requires no less. Furthermore, established authorities such as United Nations Security Council Resolutions 1846 and 1851 have expanded the ability of international forces to conduct counter-piracy operations within Somali territory. This does not have to be a large operation. In most cases we already know the cities in which they are operating and often even the names of those organizing the attacks. Pirate attacks and rhetoric have only become more brazen in recent months and cannot be allowed to continue.”

FRC COMPLETES WORK
A rank and file committee elected by members at the April meetings wrapped up three days of work at M.E.B.A. Headquarters examining Union finances from calendar year 2008. The committee consisted of Dominic Walsh (Baltimore), Brian Evjen (Houston), Bill Thomas (New Orleans), Bill Cadden (New York/New Jersey), Rob Buick (San Francisco/Oakland) and Rich Wagner (Seattle). Brian Evjen served as Chairman and Bill Cadden acted as Recording Secretary. Dominic Walsh was randomly selected as the alternate.

The FRC signed off on a report that will be sent to each of the Union halls and voted upon at the regular monthly membership meetings in May.

SENATE, HOUSE RESOLUTIONS LAUD ALABAMA CREW
A pair of Resolutions floated in both House and Senate sang praise for the heroic crew of the MAERSK ALABAMA while acknowledging the dangerous threat of piracy. Senate Resolution 108 commends “Capt. Richard Phillips, the crew of the MAERSK ALABAMA and the United States Armed Forces, recognizing the growing problem of piracy off Somalia's coast, and urging the development of a comprehensive strategy to address piracy and its root causes.”

Vermont Senator Pat Leahy crafted the Resolution and highlighted the fact that Captain Phillips hails from his home state. The Resolution was agreed to.

House Resolution 339 was also forwarded and approved by voice vote. Congressman Peter Welch (D-VT) was a sponsor and the Captain’s heroic role in the attempted hijacking was again stressed, along with the performance of the U.S. Navy, the U.S. Navy SEALs, and of course, “the brave men aboard the MAERSK ALABAMA.”

COAST GUARD OFFICIALS TALK ABOUT PROTECTING MARINERS FROM PIRACY
Coast Guard Commandant Thad Allen issued a statement this week discussing the need to eradicate piracy. He noted that the current situation in Somali waters stems from the instability of that country’s government and that the problem won’t go away until the political situation is ironed out and economic opportunities are created for the people. However, until this happens, he says, “the U.S. and the international community must treat the symptoms and secure the maritime domain and protect its seafarers by improving response options, reducing vulnerabilities, and establishing effective legal mechanisms to deliver consequences against pirates.”

He noted that progress is being made by employing strategies involving international coalition response – such as Combined Task Force 151, a European Union Naval Force, and a number of ships from other nations operating independently but cooperatively with these task forces. He said that working through the International Maritime Organization (IMO) and the international Contact Group on Piracy off the Coast of Somalia, the U.S. has engaged with the shipping industry (and maritime unions) to develop self-awareness and self-protection measures that reduce mariners’ vulnerability to attack. The Commandant said that the MAERSK ALABAMA and LIBERTY SUN attacks have “added to the already heightened sense of urgency, and have raised the possibility of armed security teams as a specific measure to be employed by merchant vessels to reduce their vulnerability to pirates.”

The Coast Guard, working closely with the maritime industry, will be issuing a new Maritime Security Directive to address additional security measures authorized and required by vessels operating in waters threatened by piracy.

Coast Guard Rear Admiral Brian Salerno, the Assistant Commandant for Marine Safety, Security, and Stewardship, also discussed maritime security and piracy. He also lauded international efforts to fight this menace but admitted that the expanse of pirate infested waters is too large to be able to effectively keep it in check. “Dealing with the problem at sea requires a comprehensive approach,” he said, “including self protection measures by ships, and an effective legal regime for prosecution.” Like the Commandant, he mentioned the forthcoming Maritime Security Directive the Coast Guard is putting out that will, “reflect the latest thinking and address the evolution in pirate tactics. The Directive becomes the basis for ships to amend and update their individual Vessel Security Plan.”

IMPORTANCE OF USING MARINER REFERENCE NUMBER
To protect the personal information of mariners, on October 6, 2006 the Coast Guard removed the mariner’s social security number from all the credentials issued after this date and replaced it with a “mariner reference number” generated by the Merchant Mariner Licensing and Documentation (MMLD) system. While the social security number is still collected on a credential application, it is not printed on the credential and it is not used internally by the Coast Guard when processing the application.

When a mariner applies for an original credential for the first time, they will receive a mariner reference number and an application identification number. The mariner reference number is unique to the mariner and will not change during subsequent credential transactions. Mariners wishing to check the status of their application on-line via the Coast Guard’s Homeport portal (http://homeport.uscg.mil) will need to use their mariner reference number and the application ID number.

With the increased risk associated with using identity theft all mariners and marine employers are highly encouraged to please use mariner reference numbers when communicating with the Coast Guard regarding merchant mariner credentials.

REP. SCOTT TO LEAD PUSH FOR FAIRNESS & ACCURACY IN BACKGROUND CHECKS
The Fairness and Accuracy in Employment Background Checks Act, a bill to be introduced by Rep. Robert Scott (D-VA), Chairman of the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, would improve the reliability and accuracy of criminal background checks issued by the FBI for employment screening purposes. Not unlike the FBI procedures that apply to gun checks, the bill will simply require the FBI to update old and incomplete arrest information it releases for employment purposes, while authorizing the FBI to collect a reasonable fee for this activity.

As the U.S. Attorney General documented in a recent report to Congress, 50% of all the FBI's records are incomplete or inaccurate, mostly due to arrests that have not been updated by state and local authorities. The FBI conducts about 5 million criminal background checks a year for employment and licensing purposes at the request of the states and federal agencies, including the Transportation Security Administration. Some private employers can also access the FBI's records pursuant federal laws regulating nursing homes, schools, private security officers, and other occupations. Despite the increased access to the FBI's rap sheets for employment screening purposes, there have been no reforms to address the poor quality of the FBI's records. As a result, workers and employers are both penalized when background checks do not provide accurate information upon which to base decisions regarding the safety and security of the workforce.

The Fairness and Accuracy in Employment Background Checks Act will significantly improve the reliability of the FBI’s procedures.

• Similar to the practice of the FBI in reviewing criminal records for authorizations to purchase firearms, the FBI would be required, within five days of a request for an employment background check, to locate missing disposition information before releasing the rap sheet for employment screening purposes.

• As required by the federal law regulating private security background checks, arrests older than one year that do not include a disposition will not be reported on an FBI rap sheet for employment purposes unless the FBI can verify that the case is still being actively prosecuted.

• It would codify current FBI regulations that provide that "non-serious" juvenile and adult offenses should not be reported on FBI rap sheets prepared for employment purposes.

• An individual subject to an employment criminal background check would have the right to receive a copy of his or her rap sheet, thus providing the individual with an opportunity to verify the accuracy of the information.

• It would provide a fair and timely procedure for workers to challenge inaccurate FBI records, requiring an investigation of federal, state and local records and correction by the FBI.

• Annual reporting requirements on the accuracy of the FBI’s criminal records for employment screening purposes would be imposed.

• Attorney General would be directed to inventory the employment restrictions based on criminal records required by federal law and policy.

• The FBI would be authorized to charge a reasonable fee to pay for the activities necessary to investigate and update incomplete criminal records produced for employment background checks.

REGULAR MONTHLY MEETINGS
Monday, May 4 – Boston, Jacksonville, Seattle;
Tuesday, May 5 – Baltimore/Calhoon School (at CMES), Houston, San Francisco;
Wednesday, May 6 – Charleston, New Orleans;
Thursday, May 7 – L.A., New York, Norfolk, Tampa;
Friday, May 8 – Honolulu.

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