Official Organ of the Sailors' Union of the Pacific

Volume LXIV No. 10 SAN FRANCISCO, CALIFORNIA Friday, October 19, 2001

Organized 1885

Second class postage paid at San Francisco, C

A (U

SPS 675-180)

Candidates declare forbiennial SUP election

Port and maritime security measureshigh on Congressional agenda

In the aftermath of the eventsof September 11, Congress is

beginning the legislative processto increase security in the nation�sports and maritime borders.

The Port and Maritime Se-curity Act of 2001 (S.1214) in-troduced by Senator ErnestHollings (D-SC), Chairman ofthe Commerce, Science andTransportation Committee andSenator Bob Graham (D-FL)would direct the Secretary ofTransportation to establish aPort Security Task Force tohelp coordinate programs toenhance the security and safetyof U.S. seaports against crimeand terrorism.

As the West Coast Sailorswent to press, it obtained aworking draft of the legisla-tion dated October 11. Con-tained in the draft are provi-sions that could directly af-fect American mariners. Thebill contains provisions for acriminal background check,going back ten years, forthose employed in �security-sensitive� jobs before an in-dividual is hired. If an indi-vidual has been convicted ofthe following, he/she is noteligible for �security-sensi-tive� employment: murder,assault with intent to murder,espionage, sedition, treason,rape, kidnapping, unlawfulpossession, sale, distributionor manufacturer of an explo-sive or weapon, extortion,armed or felony unarmedrobbery, distribution of, orintent to distribute a con-trolled substance; a felonyinvolving a threat; a felonyinvolving willful destructionof property, importation ofmanufacturing a controlledsubstance; burglary, theft,dishonesty fraud or misrep-resentation, possession ordistribution of stolen prop-erty, aggravated assault,bribery, illegal possession ofa controlled substance pun-ishable by a maximum termof the imprisonment of more

than one year or any othercrime the Secretary of Trans-portation determines indi-cates a propensity for plac-ing contraband aboard a ves-sel in return for money.

These provision were not inthe bill when it was first in-troduced in July of this year.

�Covered employers� in thisprovision of the bill are definedas ocean carrier, foreign oceancarrier, port authority, marineterminal operator, or oceanshipping intermediary. The

term also includes any otheremployer engaged in a busi-ness that directly affects portand maritime security speci-fied by the Secretary of Trans-portation.

SUP President GunnarLundeberg said, �The Unionwill seek further clarificationon this matter.�

Other provisions of the bill di-rects the Commandant of theCoast Guard to develop stan-

Senate hearings on securityIn a hearing on October 11,

before the Senate Committee onCommerce, Science andTransportation�s Subcommitteeon Oceans, Atmosphere and Fish-eries, Admiral James Loy, Com-mandant of the U.S. Coast Guardbriefed senators on its MaritimeHomeland Security strategy.

Those key elements are:� Develop effective awareness of

all activities that can effect themaritime security of theUnited States and its citizens;

� Integrate activities of multipleagencies into a single unifiedmaritime effort through inter-agency command centers andcoordination procedures;

� Ensure agile and scalable se-curity measures for personnel,vessel, facility, and cargo;

� Employ interoperable, multi-agency forces consistent withtheir core competencies toconduct coordinated maritimesecurity operations;

� Conduct layered maritime se-curity operations with the aimof extending the borders, de-terring, disrupting, and inter-cepting threats across themaritime domain; and

� Leverage international coop-eration and participation toshare intelligence and conductmaritime security activities tothe benefit of all.In questioning by Subcommit-

tee Chairman John Kerry (D-

MA), Admiral Loy stated that ofthe 351 U.S. seaports, approxi-mately 50 are more sensitive tothe need for heightened security.Without specifically naming theports in questions, Loy said theyinclude oil and liquefied naturalgas terminals, nuclear powerplants, Navy bases or have a highconcentration of people such ascruise ships.

Loy said there was a need forthe development of the conceptof Maritime Domain Awarenessin cooperation with members ofthe National Security Council.When Senator Kerry asked theAdmiral to explain the concept,Loy responded by noting thatsuch a domain would not stop atthe 3, 12, or even 24-mile off-shore markers. �I would want toknow where a vessel is going todepart from and when comingto the United States.� He alsourged Congress to grant theCoast Guard improved access tocrew lists for inbound vesselsand to data on criminals andpotential terrorists compiled bythe Immigration and Naturaliza-tion Service, the State Depart-ment and the Customs Service.In this regard, Loy told thepanel, �I want to know if thethird mate has a drug record.�

Admiral Loy said the CoastGuard is seeking detailed infor-mation on the vessel itself andher cargo. �I want to see themanifest,� he asserted.

Coast Guard tightens rulesfor vessel arrivals in U.S.

The Arrival Notice must in-clude a listing of all persons onboard (crew and passengers),with date of birth, nationality,and passport number (ormariner�s document number).For crew members, the positionor duties on the vessel must beincluded. The Notice must in-clude the vessel name, countryof registry, call sign, officialnumber, the registered owner ofthe vessel, the operator, thename of the classification soci-ety, a general description of thecargo, date of departure from lastport and that port�s name, thename and telephone number ofa 24-hour point of contact foreach U.S. port included in theNotice, and the location or po-

The U.S. Coast Guard has an-nounced that effective Oc-

tober 4, it will require a 96-hourAdvance Notice of Arrival, com-plete with detailed informationon crew, passengers and cargo,for any vessels arriving at U.S.ports. The new temporary ruleis in effect until June 15, 2002.

sition of vessel when the Noticewas submitted. If the vessel iscertified under the ISM Code,the Notice must include the dateof issuance of the company�sDocument of Compliance, thedate of issuance of the VesselsSafety Management Certificate,and the name of the Flag Admin-istration or recognized organiza-tion that issued the documents.

For vessels carrying certaindangerous cargoes, the Noticemust also include the name,amount and stowage location ofeach dangerous cargo carriedand the operational condition ofequipment required by 33 CFRSec. 164.35. The definition ofcertain dangerous cargo has beenamended. It now means gener-ally any explosive materials, oxi-dizing materials, blasting agents,spontaneously combustibleproducts in excess of 60 metrictons per vessel, poison-inhala-tion hazard products in bulk

Fourteen Sailors� Unionmembers have declared

their candidacy for the upcom-ing biennial election of Unionofficers by accepting the nomi-

nations made at the Septembercoastwise meetings.

The Committee on Elections/Candidates met at Headquarterson October 15, to verify the eli-gibility of those accepting thenomination and to select an Im-partial Balloting Agent to conductthe election as required by theSUP Constitution.

All positions mandated by theSUP Constitution, with the ex-ception of the Branch Agent�sjobs at Seattle, Wilmington andHonolulu, are contested..

The Committee�s report is onpage 5 and is subject to mem-bership approval at the Novem-ber coastwise meetings.

The secret mail balloting forSUP officers for the 2000-2002term and referenda on pro-posed Constitutional amend-ments and Shipping Rulechanges will begin on Decem-ber 1, 2001, and continuethrough January 31, 2002.

continued on page 3SEE COAST GUARD RULES

SUP Training Schedule - Page 4 Committee On Election Report - Page 5 ESU News - Page 6

Pending legislation includes criminal backgroundchecks for “security-sensitive” maritime workers

See Security Billcontinued on page 4

Page 2 WEST COAST SAILORS Friday, October 19, 2001

SUP Honor RollVoluntary contributions from the membership to the following funds:

OrOrOrOrOrggggganizaanizaanizaanizaanization/tion/tion/tion/tion/GenerGenerGenerGenerGeneral Fundal Fundal Fundal Fundal Fund

PPPPPolitical Fundolitical Fundolitical Fundolitical Fundolitical Fund

WWWWWest Coastest Coastest Coastest Coastest CoastSailorSailorSailorSailorSailorsssss

Archie Aki Book #3791John Battles Book #5512Roy R. Camerio Book #4577Richard Cummings Book #4666Knud Jensen Book #3940John Jewett Book #4291Tony Jones Book #4305Alfred Kerns Book #3167Kaj E. Kristensen Book #3120Gunnar Larsen Book #3516Peter Paul Liptay Book #3725Joseph Napier Book #2299Frank Parks Book #3798John Perez Book #3810Charles Rafael Book #3141Ralph Senter Book #7323Kai Sorensen Book #7479William Tice Book #3239Charles H. Wall Book #3420

Dues-PayingPensioners

Wall of Honor(San Pedro Merchant

Marine Memorial)

SUP Halls close forholidays in November

All SUP Halls will be closed Monday,November 12, in observance of Veter-ans� Day and Thursday, November 22,for Thanksgiving; both contract holidays.

Neil Burkhardt ................ 30.00Erik Finnerman ............... 50.00Gunnar Lundeberg ........... 50.00Leo Moore ...................... 20.00Chester Sherry ................... 5.00David Sylstra ................... 20.00

Martin Birdsell ................ 25.00Gene Castano .................. 15.00Dave Connolly ................. 25.00Kenvin Conroy ................... 5.00Robert Copeland .............. 20.00Linda Cramp ................... 20.00Mike Duvall .................... 20.00M. ElMobdy Jr. ............... 20.00John F. Kelly ................... 70.00Steve Foster ..................... 25.00Dan Gabaree ................... 50.00Joe Ginez ........................ 20.00Marvin Glasgow ............... 95.00Mike Henneberry, in memory of Red Henneberry ........ 80.00Reuben Ingram ................ 50.00Jan Johnsson ................... 20.00Brian LePrevost ............... 20.00Paul Limback .................. 30.00Larry Loe ....................... 10.00Gunnar Lundeberg ........... 25.00Mike McLavy .................. 50.00Jerry Napier in memory of Skinny Winnie ......... 100.00Ted Ochoa ...................... 10.00David Pangan .................. 20.00John Peterson .................. 10.00Edward Phillips ................ 20.00Ray Pinachi ..................... 20.00Ray Ramirez .................... 50.00Richard Reed................... 20.00Randy Runyan ................. 70.00Greg Schauff ................... 20.00Chester Sherry ................... 5.00Douglas Taylor ................. 20.00Grant Thorne .................. 20.00Louie Urbano .................... 5.00Robert Vandermey .............. 5.00Colin Walker ................... 10.00Richard Wilson ................ 25.00John Winterling .............. 100.00

Robert Arnall .................. 10.00John Ban ........................ 20.00George Cooney ................ 25.00James Fernandes .............. 25.00Anthony Figueroa ............. 30.00Erik Finnerman ............... 50.00Philip Howell ................... 25.00Knud Jensen ................... 20.00Stanley Lane .................... 20.00Woodrow Leiter................ 25.00George Lua ..................... 20.00Juan Magana................... 10.00Thomas Mariner .............. 25.00Ramiro Montoya .............. 20.00Robert Morgan ................ 20.00Jerry Napier in memory of �Skinny Winnie� ....... 100.00George Pope .................... 20.00Frank Portanier ............... 10.00Chester Sherry ................. 20.00Tim Thomas .................... 10.00Grant Thorne .................. 20.00Richard Walsh ................. 10.00Richard Wilson ................ 25.00

Gene Castano .................. 10.00Richard Cummings .......... 140.00James Cunningham ........... 50.00Jim Cunningham, in memory of Admo diAmbrosio....... 50.00Reuben Ingram ................ 50.00James Minster ................. 20.00

FinalDepartures

SUP Meetings These are the dates for the regularlyscheduled SUP meetings in 2001:

Hdqs. BranchNovember 13* 19December 10 17

*Tuesday

Lewis J. Hazzard, Book No. 5762.Born in Hawaii in 1926. Joined SUP in1954. Died in San Leandro, California,August 22, 2001. (Pensioner)

William J. Cope, Book No. 3983.Born in Arizona in 1921. Joined SUP in1943. Died in California, September 8,2001. (Pensioner)

Joseph Dudley Harris, Book No.5780. Born in Idaho in 1926. Joined SUPin 1952. Died in Idaho, September 7,2001. (Pensioner)

Edward P. Schlechter, Book No. 7024.Born in Oregon 1928. Joined SUP in1947. Died in Salem, Oregon, Septem-ber 13, 2001. (Pensioner)

Richard F. Young, Book No. 1967.Born in California in 1924. Joined SUPin 1944. Died in California, September18, 2001. (Pensioner)

Bobby Jean Southard, Book No.7454. Born in Missouri in 1940. JoinedSUP in 1959. Died in Torrence, Califor-nia, September 18, 2001. (Pensioner)

TO ALL MEMBERS

Make sure your currentaddress is on file at

Headquarters.

Friday, October 19, 2001 WEST COAST SAILORS Page 3

�And so it is especially shameful that the White House, which lobbied furiouslyagainst relief, and 44 Republican United States Senators would undermine majoritysupport and turn our nation�s back on aviation workers whose jobs and livelihoodswere directly destroyed by the attacks.

These workers should not be asked to bear the burden of the attacks. As a nation,we are dealing, rightfully, with public health and airline safety. We are blockadingthe Capitol to protect Congress. We defended the airline companies with an extraor-dinarily swift $15 billion bailout action. How can we justify failing to defend theliving victims of this attack?

The situation is urgent. Since September 11, layoffs of more than 140,000 aviationworkers have been announced. And while Congress stalls, nearly 80,000 of thoseworkers are already out of work � suddenly forced to confront a very differenteconomic future, one with mortgage payments but no jobs, one with little or nohealth care for themselves and their families.

Some have suggested that relief for these workers should wait to be included in anoverall economic stimulus package that may be enacted next month � even though abipartisan agreement around such a package is looking less, not more, likely.

And even if the President�s plan is enacted as proposed, it will be wholly inad-equate to meet the needs of aviation workers. Despite rhetoric to the contrary, thePresident�s plan calls for spending virtually no new money on benefits for unem-ployed workers and their families. It provides limited emergency unemploymentbenefits for workers in a limited number of states. It contemplates providing healthcare coverage to unemployed adults through two programs that are not adequate tothe task, and at the expense of denying coverage to poor children. On the otherhand, the President�s program will lavish rich new tax breaks on corporations andspeed up tax cuts for individuals. Altogether, the President�s tax cut proposals willcost nine times as much as proposed spending on workers and their families.

Aviation workers can�t wait for a response from Congress next month or next year.They need an affirmative response to their personal crises right now. Anything lessis certain affirmation of the intent to serve the working men and women who are thebackbone of our country last and least at the table of economic recovery.�

Economic impact of attacks growsnationwide: aviation workers hit hard

The economic impact of September 11 is growing, with announced layoffs nation-wide climbing to now more than 413,000.

In New York City, alone, an estimated 108,500 jobs will have been lost within amonth of the September 11 terrorist attacks, according to the Fiscal Policy Institute.

Nationwide, announced layoffs include 134,587 in the transportation sector, 119,700in services, hospitality and tourism and 142,924 in manufacturing and aerospace.

In an effort to aid the tens of thousands of pilots, flight attendants, cleaners,security guards, baggage handlers, caterers, and mechanics who face the financialcrisis of unemployment, lost pensions and lost health care for themselves, theirspouses and their children, was stymied in Congress this month.

While Congress appropriated $15 billion to bail-out the airline industry, there wasno relief for American workers.

On October 11, relief legislation introduced by Senator Jean Carnahan (D-MO)was blocked by a filibuster by 44 Republicans.

In response to the Senate vote, AFL-CIO President John Sweeney stated:

Economic Stimulus: AFL-CIO PlanIn the wake of the September 11 attacks, the nation�s economy needs a stimulus

plan that will work for all Americans, not just a few. The AFL-CIO is proposing astimulus package that provides significant federal help for working families hurt bythe crisis through better unemployment benefits covering more unemployed work-ers; federal financial assistance to maintain health coverage; access to job trainingand retraining; a raise in the minimum wage; and tax rebates for low- and moderate-income families. The plan also calls for a needed boost in spending to aid strugglingstate and local governments and to invest in rebuilding the nation�s roads, bridgesand schools and in meeting domestic security needs. The union movement�s planrepresents a fairer alternative to President George W. Bush�s plan to stimulate theeconomy. The Bush administration responded to pressure from far right Republicanmembers of Congress by offering far more in tax breaks to the wealthy and corpora-tions than assistance to working families who need help the most. A new AFL-CIOstudy of Bush�s plan shows it offers four times more in tax cut benefits�mostly forcorporations and the wealthy�than real help to workers and their families. It takes$11 billion from the State Children�s Health Insurance Program (S-CHIP) designedto provide health coverage for poor children. For the full AFL-CIO analysis, includ-ing a look at the tax cut portion of Bush�s plan, visit www.aflcio.org/news/2001/1011_bushoutline.htm.

MarAd advisory to shipping issuedOn September 21, the Maritime Administration issued the following advisory to

operators of U.S.-flag and effective U.S.-controlled vessels and other maritime in-terests.:

The threat to maritime vessels is likely to increase as various extremist groupsanticipate U.S. retaliation for the September 11 attacks. This includes the entirespectrum of threats �from civil unrest/demonstrations that may not be able to becontained by port security, especially in ports of countries with sizeable radicalIslamic communities, to attacks similar to what the maritime community saw withthe USS Cole last year. While we have no specific threat information against U.S.commercial shipping, ships are urged to review their security procedures and dis-cuss with local port authorities what security measures are in place to protect shipsat anchor or pierside from surface threats, threats from land, or underwater threats.

Cruise ships and U.S. merchant vessels should be on a heightened state of alert,and should closely monitor the national imagery and mapping agency�s (NIMA)broadcast warnings.

Commencing immediately all U.S.-flag ships required by regulation to file AMVERposition reports and operating in the North Arabian Sea, Gulf of Oman, PersianGulf, Gulf of Aden, Red Sea and the Suez Canal shall file AMVER reports every 24hours vice every 48 hours.

This increase in position reporting is a precautionary measure due to the currentsituation. The change is directed by the maritime administrator in accordance with 46CFR Part 307.11. This is not to be construed as a war zone declaration. All U.S.-flag operators with ships in the affected areas are requested to forward this advisory totheir ships by the most expedient means. This advisory will subsequently be publishedin the weekly notice to mariners and MarAd worldwide web site.

Protection zones for U.S.naval vessels established

Bush announces pick forMaritime Administrator

President Bush on September 21, announced his intention to nominate CaptainWilliam G. Schubert to be the next Administrator of the Maritime Administration.

After graduating from the U.S. Merchant Marine Academy, Captain Schubertsailed with Reynolds Metals Company from 1974 to 1984 then worked as Masterand United Kingdom Installation Manager at three offshore drilling platforms.

In 1986, Schubert began a ten-year tour at MarAd, first as Special Advisor to theAdministrator. From 1990 through 1995, he served as MarAd�s Regional Represen-tative for the Southwestern United States in Houston, Texas. By the time he departedMarAd, Schubert had accumulated over a decade of experience at the agency hestands poised to lead.

Schubert is currently president of International Trade and Transportation, Inc., amarine consulting firm in Pinehurst, Texas.

Continued from Page 1

packaging, highway route controlled quantity radioactive material, controlledshipments of fissile material, bulk cargoes listed in either Table 1 of 46 CFRPart 153 or Table 4 of 46 CFR 154, butylene oxide in bulk, chlorine in bulk,or elemental phosphorous in bulk. The exact definition of �certain dangerouscargo� is contained in the regulation.

The Notice must be submitted at least 96 hours before arrival at the firstU.S. port. For vessels on voyages of less than 96 hours, the Notice must besubmitted prior to departure from the last foreign port but not less than 24hours before arrival. Changes are to be submitted as soon as practicable butno less than 24 hours before arrival. Changes to the arrival or departure timeof less than six hours need not be reported.

Advance Notices of Departure are required vessels departing ports or placesin the United States that are carrying �certain dangerous cargo.� The Depar-ture Notice required is basically the same as the Arrival Notice required fromsuch vessels, with obvious changes to reflect the port and time of departureand the port and estimated time of arrival for the destination.

In addition, beginning October 15, ships reporting under the new rules willsend the required information to the Coast Guard�s new National Vessel Move-ment Center. A Coast Guard spokesman said that reports to the Center willstreamline the notification process and the longer notice will allow the CoastGuard and other U.S. law enforcement agencies more time to review theinformation and plan for ship arrival.

COAST GUARD RULES

The U.S. Coast Guard has establishedProtection Zones for a distance of 500 yardsaround all U.S. naval vessels in navigablewaters of the Untied States. Vessels are toproceed at a �no-wake� speed when withina Protection Zone. Non-military vessels arenot allowed to enter within 100 yards of aU.S. naval vessel, whether underway ormoored, unless authorized by an official

patrol. The patrol may be either USCG orUSN. A U.S. naval vessel is any vesselowned, operated, chartered, or leased bythe U.S. Navy and any vessel under theoperational control of the U.S. Navy or aUnified Commander. These protectionzones will remain in effect through June15, 2002 and are subject to change with-out prior notice.

Son of former MEBA president killed in WTC attackStephen Ward, the 33-year-old son of former MEBA President Gordon Ward, was

killed in the terrorist attacks on the World Trade Center on September 11. SinceAugust, Ward had been working for Cantor Fitzgerald on the 101st floor of theNorth Tower.

Hawaiian Islands subject to security zonesThe Coast Guard is establishing secu-

rity zones in designated waters adjacentto the islands of Oahu, Maui, Hawaii,and Kauai, Hawaii, for a period of six-months. These security zones are neces-sary to protect personnel vessels, andfacilities from acts of sabotage or othersubversive acts, accidents, or other causesof a similar nature during operations and

will extend from the surface of the waterto the ocean floor. The activation anddeactivation of these six-month securityzones will be announced by BroadcastNotice to Mariners as required. Whenthe zones are activated, entry into thesezones is prohibited unless authorized bythe U.S. Coast Guard Captain of the PortHonolulu, Hawaii.

Page 4 WEST COAST SAILORS Friday, October 19, 2001

Officer shortage threatens Italy’s merchant fleet’s futurePaolo Clerici, president of the Italian shipowners� association, Confitarma, has

expressed concern that an officer shortage could jeopardize the future of the Italianmerchant fleet. �We predict a continuous shortfall of 2,500 Italian officers until2005,� he said. One of the reasons, he cited for the shortage, was the lack of appealof seagoing jobs compared to those ashore. It presented a threat to the fleet becausealthough the county�s international register frees owners to hire foreign seamen, itobliges them to employ Italian officers only.

Welfare NotesOctober 2001

SUP Welfare Plan450 Harrison Street, San Francisco CA 94105

Telephone Numbers:Main........................................................ (415) 778-5490Eligibility active members/dependents ............... (415) 778-5491SUP Money Purchase Plan, SUP 401(k) Plan,Pensioner Medical Benefits............................. (415) 778-5493Toll Free Number ....................................... (800) 796-8003

Pensioners

Active membersSince January 2000, members who reside outside of areas covered by

one of the available HMOs have been able to sign up for Healthnet FlexNet.The premium cost of providing coverage through the FlexNet programwas scheduled to almost double on October 1, 2001. After evaluating theoptions available, the Welfare Plan elected to change those covered withFlexNet to HealthNet�s PPO (preferred provider organization) plan. Thischange was effective on October 1, 2001. Those participants who areinvolved with this new plan should have already received a letter from theWelfare office explaining this new enrollment. You should be receivingnew identification cards, benefit summaries and PPO provider directoriesfor your area from HealthNet. You will not be required to complete newenrollment cards and there was no lapse in your coverage. If you have anyquestions, please feel free to contact the Welfare Plan, or you may contactHealthNet directly at member services at 1-800-522-0088

As winter approaches it is time for annual flu shots. Last winter re-sulted in severe shortages with the influenza (flu) vaccine delayed becausethe manufactures could not process it fast enough to meet the demand.The U.S. Centers for Disease Control and Prevention (CDC) indicate thatthis winter that there will also be a delay in delivering the vaccines. If youhave not done so, you should call your doctor or health provider now andmake arrangements to get immunized. Those that are high risks shouldget immunized as soon as possible. Kaiser Foundation defines high risksas those aged 65 or older and adults with a chronic disease such as diabe-tes, heart or lung disease, cancer, or alcoholism. Even if you are not athigh risk, you should plan to get your flu shot. It is not too late to get yourshot during flu season.

Last Name: First Name:

Address:

City: State: Zip:

Email Address:

SSN:

Active Member o Pensioner o

ATTENTION ALL MEMBERSIn a effort to update our records, please complete the form below and return it to:

EditorSailors� Union of the Pacific

450 Harrison St.San Francisco CA 94105

You may also e-mail your address to: editor_wcs@msn.com

Sailors’ Union of the Pacific/Training Resources Ltd

Schedule of Course Offerings for 2001STCW 95 Basic Training

Oct. 22-26Oct. 29-Nov. 2Nov. 5-9

Nov. 12-16Nov. 26-30Dec. 3-7

• Basic Fire Fighting• Personal Survival

• Basic First Aid• Personal Safety and Social Responsibility

This course is mandatory under international law for those planning to con-tinue going to sea after February 1, 2002

LMSR Vessel Training (MSC approved)

Oct. 23-Nov. 2 Nov. 27-Dec. 7

Small Arms Training (MSC approved)

Nov. 5-7

Survival Craft (Lifeboatman)

Oct. 29-Nov. 1Nov. 12-15

Nov. 26-29Dec. 10-13

Training Information and EnrollmentContacts

Rich Reed, SUP Welfare Plan RepSUP Welfare Plan450 Harrison StreetSan Francisco, CA 94105Tel: (415) 778-5490Fax: (415) 778-5494E-mail: supwelfarerep@hotmail.com

Dave Connolly, SUP Vice Presidentc/o Andrew Furuseth School of Seamanship450 Harrison Street, San Francisco, CA 94105Tel: (415) 777-3400Fax: (415) 777-5088E-mail: daveconnolly@msn.com

IMPORTANT!

NO TRAINING, NO JOBAFTER FEB. 1, 2002

Get your STCW �95

Dec. 17-20Jan. 7-10Jan. 14-17

Dec. 10-14Dec. 17-21Jan. 7-11

Jan 22-26Jan 28.-Feb. 1

Jan. 8-18

Dec. 10-12 Jan. 22-24

Jan. 22-25Jan. 28-31

dards and procedures for conducting sea-port vulnerability assessments and directsthe Commandant and the Maritime Ad-ministration to jointly initiate arulemaking proceeding to prescribe regu-lations to protect the public from threatsof crime or terrorism originating fromvessels in maritime transportation origi-nating or terminating in a U.S. port.

The bill provides for the establishmentof local port security committees at eachU.S. seaport that includes state and localgovernment officials and maritime indus-try and labor representatives. It requireseach port authority and marine terminalauthority for which a port security vul-nerability has been done to establish,subject to the approval of the Captain ofthe Port, a Maritime Security Program.

The bill further would establish a train-ing program to certify and train publicand private sector seaport security per-sonnel, develop seaport security stan-dards that will serve as a benchmark forthe review of port security plans and de-velop new port security technologies tohelp screen cargoes that enter U.S. ports.

S.1214 would amend the Merchant Ma-

Security Bill . . . continued from page 1

rine Act of 1936 to authorize the Secre-tary of Transportation to make loan guar-antees and provide grants for seaport se-curity infrastructure improvements for eli-gible U.S. seaports.

In addition to Hollings and Graham,S.1214 is cosponsored by Senator JohnBreaux (D-LA), Richard Durbin (D-IL),John Kerry (D-MA), Zeil Miller (D-GA),Bill Nelson (R-FL), Paul Sarbanes (D-PA) and Ron Wyden (D-OR).

On October 3, Representative CorrineBrown (R-FL) introduced identical leg-islation (H.R. 3013) in the House. In aletter to her colleagues urging support ofthe measure, Representative Brownstated, �We have all learned about thevulnerabilities of our airports to terror-ism. It is time to ensure that our seaportsare also secure. Each day, thousands ofcontainers move through our nation�sports, along with millions of gallons ofhazardous materials. As SecretaryRumsfeld said recently, the next attackcould come on a ship. It is time to secureour seaport borders while ensuring thatthe needs of commerce are met.� Brown�sbill has been referred to the House ArmedService�s Committee.

Friday, October 19, 2001 WEST COAST SAILORS Page 5

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COMMITTEE ON ELECTION2001-2002

In accordance with the SUP Constitution, Article XII: Nomina-tion, Election and Term of Officers, the Committee on Electionconvened at 0900 on October 15, 2001, at Headquarters.

The Committee is charged with ��preparing the ballot� and se-lecting an Impartial Balloting Agent for membership approval.

The Committee recommends that Sequoia Voting Systems (formerSequoia Pacific Systems) be used again for this election. Sequoiahas handled the balloting for the past several elections without anyproblems.

Sequoia will print, mail and count the ballots in accordance withthe SUP Constitution. The approximate cost will be $7,700.

Also, the Committee has the duty to verify the eligibility of candi-dates for office. In accordance with Sections 3, 4, and 5 of ArticleXII, all candidates duly nominated (as per Section 2 and publishedin the September 21, 2001 edition of the West Coast Sailors), whohad returned acceptance letters (as per Section 5) were found eli-gible. Wayne Burgess submitted an acceptance letter dated October6, 2001. However, he had not been properly nominated beforehandas per Article XII Section 2. Therefore, the Committee found himto be ineligible and disqualified him from the ballot.

The following candidates will appear on the ballot:

President/Secretary-TreasurerMike BaileyGunnar Lundeberg

Vice President/Assistant Secretary-TreasurerDave ConnollyWilliam Henneberry

San Francisco Business AgentWilliam BergerPaul Calais

Seattle Branch AgentVince O�Halloran

Wilmington Branch AgentMark Hurley

Honolulu Branch AgentMike Duvall

SUP BuildingCorporation TrusteesWilliam BergerPaul CalaisNorman ChristiansonRobin ColonasDave ConnollyColin DeweyGunnar LundebergTerrance O�NeillBruce Smith(Five to be elected)

SIU Convention DelegatesWilliam BergerPaul CalaisRobin ColonasDave ConnollyColin DeweyGunnar LundebergTerrance O�Neill(Four to be elected)

The membership will vote on the Committee's report at the No-vember coastwise meetings.

Fraternally,

Published monthly by the Sailors Union ofthe Pacific (an affiliate of the Seafarers Interna-tional Union of North America, AFL-CIO),Headquarters, 450 Harrison St., San Fran-cisco, CA 94105. Phone: 415-777-3400.FAX: 415-777-5088. Dispatcher: 415-777-3616. Website: www.sailors.org. Secondclass postage paid at San Francisco. (USPS675-180). Printed by Howard Quinn Co., aUnion shop.

Gunnar Lundeberg,President/Secretary-Treasurer

Teresa Anibale, Editor

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U.S. cruiseship billintroduced in the House

Representatives Neil Abercrombie (D-HI) and Wayne Gilchrest (R-MD) last monthintroduced legislation in the House that would kick-start the American domesticcruiseship industry.

The United States Cruise Vessel Act (H.R. 2901) is identical to S.127 which wasplaced in the legislative hopper last May by Senator John McCain (R-AZ). S.127was reported out of the Senate Committee on Commerce, Science and Transporta-tion on July 27 and is awaiting full Senate action.

On October 4, the following letter was sent to all members of the House of Repre-sentatives urging support of H.R. 2901:

Dear Representative:On behalf of our coalition of maritime,

port, and travel and tourism organiza-tions, we are writing to express our strongsupport for H.R. 2901, the United StatesCruise Vessel Act introduced by Con-gressmen Neil Abercrombie and WayneGilchrest, and to ask that you cosponsorthis critically important maritime andtourism policy initiative.

We support H.R. 2901 because it willput Americans to work in a variety ofstrategically important industries - at -nocost to the United States government. Thesize of our nation�s commercial merchantmarine will be increased through thereflagging of large, modern cruise ves-sels under the United States-flag, andthese vessels will create significant newemployment opportunities for Americanmerchant mariners, attracting and retain-ing the manpower needed by the Depart-ment of Defense in time of war or otherinternational emergency.

Equally important, the provisions in H.R.2901 will help ensure that America�s mo-bilization base of ship construction andrepair facilities and their workers will bekept active through the modernization,maintenance and construction of cruise ves-sels. We believe that it is essential espe-cially in this uncertain and dangerous timefor our nation that all components ofAmerica�s maritime industry, our nation�sfourth arm of defense, be given the oppor-tunity to expand their activities.

Finally, this legislation will give Ameri-can companies and American workers thefirst realistic opportunity to acquire, op-erate and build large, modern cruise ves-sels for operation outside Hawaii. This

will, in turn, give many American portsand port regions on all coasts a new op-portunity to compete for, attract and ben-efit from cruise vessel activity. By mov-ing quickly to enact H.R. 2901, Con-gress can create an important stimulusfor the travel and hospitality industriesthroughout the country, as American va-cation and business travelers are givennew, heretofore unavailable cruise optionson United States-flag vessels travelingexclusively between American ports.

H.R. 2901 is modeled after the so-called Hawaii Pilot Project legislation en-acted by Congress in 1997. As such, theAmerican people are guaranteed that thecruise vessels reflagged under R.R. 2901will operate in compliance with UnitedStates safety, labor, environmental, andother laws and regulations, and that taxrevenues will be generated for the Fed-eral government and state and local tax-ing authorities. Like the Hawaii statute,H.R. 2901 further ensures that the criti-cally important principles embodied inour nation�s domestic shipping statutesthat we strongly support will be preservedas H.R. 2901 will result in a domesticcruise vessel fleet comprised of large,modern cruise vessels built in the UnitedStates and operated under the UnitedStates-flag.

We again ask that you cosponsor thisimportant legislation and work with usfor the speedy enactment of H.R. 2901.Sincerely, Cruising America CoalitionJohn Bowers, President, InternationalLongshoremen�s AssociationCaptain Timothy A. Brown, President,International Organization of Masters,Mates & PilotsHenry Disley, President & SecretaryTreasurer, Marine Firemen�s UnionJ. Gary Droubay, President and CEO,Goldbelt (Juneau, Alaska)Frank Poti, President, Cascade GeneralShipyard, Inc. (Portland, Oregon)Clyde J. Hart, Jr., Vice President-Govern-ment Affairs, American Bus AssociationJames Henry, President, TransportationInstituteGunnar Lundeberg, President & SecretaryTreasurer, Sailors� Union of the PacificLarry O�Toole, President, National Ma-rine Engineers� Beneficial AssociationC. James Patti, President, Maritime In-stitute for Research and Industrial De-velopmentMichael Sacco, President, Seafarers In-ternational Union of North AmericaJames Spinosa, President, InternationalLongshore and Warehouse UnionGloria Cataneo Tosi, President, Ameri-can Maritime CongressAlbert Wallack, President, Voyager Hold-ings, Inc. (New York)

Page 6 WEST COAST SAILORS Friday, October 19, 2001

ESU NEWSESU NEWSOfficial Publication of the Exxon Seamen's Union

OCTOBER 2001

ESU OfficeAssignments

For the month of November, KevinConroy will be in the Baytown office andJohn Straley will be in the Benicia office.

ESU OFFICE ELECTIONS UNDERWAYWith the mailing out of the ballots in

early October the ESU office electionsbecame officially underway. Up for elec-tion this fall are two primary Board ofGovernors� positions, all three Depart-ment Trustee positions and seven ShipsRepresentative positions. The voting pe-riod will be for approximately two monthsor until December 13th when the ballotsare due at the American Arbitration As-sociation office in New York. The win-ners will be announced to the ESUBaytown office the following day, Decem-ber 14th and will be communicated tothe fleet immediately afterwards.

In the primary Board of Governors races,AB Rowan Mallet and incumbent AB JohnStraley are running for the position of VicePresident and in the Secretary/Treasurerposition being vacated by Kevin Conroythere are three candidates, (in alphabeticalorder) AB Rudy Benevides, AB LeoDeCastro and Fleet Chef Reid Decker.

The Department Trustee positions havePat Campbell running unopposed for theDeck Department Trustee position that wasformerly held by Rick Baur. QMEDChester Bell and Pumpman Bill Davis arerunning for the Engine Department spotvacated by Charlie Pollard, and Ships CookAdam Anderson is running opposite incum-bent Fleet Chef Gerard (Gerry) Nelson forthe Steward Department position.

Of the seven Ship Representative spotsthat are up for election only the S/RCharleston and the S/R AmericanProgress have races not involving unop-posed candidates. The S/R Charlestonrace involves AB Odley Banks, PumpmanBob Knight and Pumpman Jeff Straleyand on the S/R American Progress bothMS James Schettler and MS Alan Squireare running for Ship�s Rep. AB Joe Gracaon the S/R Benicia, AB Mark Myser onthe S/R Galveston, QMED Danny Joneson the S/R Hinchinbrook and PumpmanJack Patterson on the S/R Long Beach areall running unopposed for their respectivepositions. The S/R Galena Bay had no can-didates come forward for election. As perthe ESU Constitution and By Laws theExecutive Board may now appoint a per-manent Ship�s Representative to that ves-sel. Anyone interested in that spot shouldnotify the ESU both by telephone and inwriting as soon as possible.

Ballots were addressed individually toeach eligible voter and should be arriv-ing about the time this edition of the ESUNews is released. Remember, an eligiblevoter is one whom has been a member ingood standing at least 90 days prior tothe start of the election.

The ESU thanks all the candidates in-volved for their support and willingnessto serve the membership.

Arbitration Schedule Explained

ESU Sailors Restricted to Vessels

Ship reports

S/R American ProgressIt was reported that the crew was re-

stricted to the ship during a port callin Martinez, CA. The ESU Board islooking into the problem. Don Kozonacting Ship�s Rep. doing a fine job.

S/R BaytownShip visited at Valero on October 12.

Lorenzo Fontana did a good job fill-ing-in during Lee Airriess� paid leave.No major beefs.

S/R BeniciaThe vessel was visited in Benicia on

October 7. Our Rep. Joe Graca reportsall running smoothly.

S/R CharlestonESU officer visited September 28 in

Beaumont, TX. Mike Gore once againfilling in for Chester Bell. Everythingis running well.

S/R Galena BayShip was scheduled to leave the yard

in Portland on October 17. LonnieBloomquist acting Ship�s Rep.Steward�s Dept. reports concerns overpotential problems with OT.

S/R HinchinbrookThe ship was visited on October 7

at Ultramar in Martinez, CA. DannyJones has returned from paid leavewith Earl Doucet having filled-in ad-mirably in his absence.

S/R Long BeachVessel visited at Valero in Benicia

on September 30. Leo De Castro didwell filling in as Temporary Ship Rep.No beefs.

S/R MediterraneanThe ship left Freemantle, Australia

on October 7. Ship Rep. JohnDetweiler onboard. Questions raisedconcerning possible war risk bonus.

S/R Puget SoundShip�s Rep. Michael Harrison has

reported no new problems, but prob-lems with the galley set-up remain.

S/R WilmingtonUnion visited on September 21 at

Baytown, TX. Ship Rep. JohnnyNavarro onboard. Crew was busy pre-paring a good send-off for AB JoseAurelio, who is making his last voy-age before retirement.

In the wake of the tragic events of Sep-tember 11, there have been numerous newsecurity measures implemented by theUnited States Coast Guard, local Port Au-thorities and individual security depart-ments at various terminals. These mea-sures have in some instances restrictedESU members aboard ship from beinggranted shore leave and on other occa-sions to even be denied access to the dockto so much as make a phone call. TheESU has, and is actively attempting tominimize any inconveniences that arebeing experienced by our members.

In a meeting between the ESU Execu-tive Board and the upper management ofSeaRiver the Union expressed this concernand inquired of the Company what theirposition was in respect to these personnelrestrictions. Management explained that insituations where vessel and personnel re-strictions have been issued by appropriategovernment agencies the Company is re-quired to adhere to those restrictions. How-ever, the Company did go on to say thatthey have had some success in having ter-minal restrictions lifted or at least modi-fied to allow crewmembers to enter andexit terminal gates to and from shore leave,particularly at ExxonMobil refineries. Ad-ditionally, management conceded that theyhave not been as successful gaining con-cessions from non-ExxonMobil facilities,but that they are in communication withthose facilities in an attempt to allowSeaRiver vessels to operate on a morenormal routine in areas such as shoreleave, crew changes and vessel storingand bunkering.

As this edition of the ESU News/WestCoast Sailors prepares for press, and sincethe discussions with SeaRiver manage-ment, various law enforcement agencies,including the FBI and the Attorney Gen-eral of the United States have requestedthat America be on high alert. The U.S.government believes that there may beattempts at retaliation due to the U.S.military actions that commenced on Sun-day, Oct. 7, 2001. The Union is awarethat these increased concerns will trans-late into more security regulations beingimposed. Although, the ESU is not able

to fully ascertain at this time how exten-sive those security measures will be andto what extent they will impact members.

These are truly unusual and uncertaintimes the rank and file has experiencedsince the terrorist attacks. The member-ship has conducted themselves in a pro-fessional manner and cooperated with allthe imposed restrictions in a most patri-otic and conciliatory fashion. Nonethe-less, the Union views many of the hard-ships that these restrictions have causedmembers as possibly illegal as well asunnecessary and unfair. The ExecutiveBoard cannot condone the singling outof American seamen to be restricted totheir work places, essentially for 24 hoursa day and without compensation. TheUnion is not aware of any other group ofAmerican workers that are being treatedin this manner.

The Executive Board requests thatmembers submit overtime for restrictionsimposed on them that they consider ap-propriate. If overtime payment is denied,provide a copy of the disputed overtimeto the Ship Representative. The Repre-sentatives are being asked by the Boardto collect all disputed overtime and for-ward those documents to the ESUBaytown office. Additionally, the ShipRep. should include a detailed summarynoting the date, port and times of theimposed restriction as well as any con-versations that the Representative mayhave with shipboard management con-cerning each restriction.

This information will be of great im-portance to the Union in preparing griev-ances. At this time the ESU has not fullyevaluated the likelihood of this overtimedispute being successfully decided in themembers favor. But it is critical that ac-curate information first be gathered andthen reviewed by the Executive Board andif necessary, legal council to decide thebest course of action in gaining just com-pensation for any unjust restrictions. Anypolicy that calls for the detainment orrestriction of movement of Americanworkers on American soil is a policy thatmust be fully reviewed and considered.

The Exxon Seamen�s Union has allo-cated an exceptional amount of time, ef-fort and money the last couple of monthspreparing and participating in numerousarbitration hearings. The Union is pres-ently arbitrating the cases mentioned be-low in the state of New Jersey and hasretained Mr. David Grossman, a laborattorney, as our legal counsel. As part ofthe agreement that was ratified on Au-gust 15th language, which restricted theUnion to taking grievances to arbitrationonly in the State of New Jersey, was re-moved from our Contract. Previous tothe ratification however, the Union hadcommitted to a number of arbitrations inNew Jersey and we are now fulfillingthose obligations.

The arbitration hearing in regard toGrievance #1998-02, the demotion ofMarcos Clotter was held on August 14thwith Marcos present and Jerry Pattersonalso in attendance for the Union. This griev-ance pertained to what the Union deemeda wrongful demotion of Mr. Clotter fromPumpman to QMED/Oiler. The Companyhad justified this demotion in part as a re-sult of a warning letter that Marcos hadpreviously received. As reported earlier thisyear, the Union contested the issuance ofthat warning letter and the arbitrator ruledin favor of the Union�s position in thematter. The final decision on this case isexpected at any time.

Continued on next page

New ESU membersPlease welcome to the ESU: Edward Botchway, Larry Everfield, Courtney Frierson,

Michel Gomes, Carrie Hansen, Sherman Howard, Rex Jett, Russell Kopecki, ZacharyLee, Patrick Longley, Leonides Lumongsud, Roy Martinez, Joe Massey, Danilo Perez,Allen Roberts, John Singletary, Samuel Smith and Michael Stanley. ESU membershipis now above 300, the first time it has been above that level in many years.

Friday, October 19, 2001 WEST COAST SAILORS Page 7

P.O. Box 792Benicia, CA 945101(800) 729-3101Fax (707) 746-7859E-Mail: esuben@msn.com

EXXON SEAMEN'S UNION

701 W. Sterling Ave.Baytown, TX 775201(800) 213-7236Fax (281) 422-0710E-Mail: esubay@msn.com

Vice President John StraleySecretary/Treasurer Kevin ConroyRecording Secretary Thomas Thompson III

Deck Trustee Ulrich BaurEngine Trustee Charlie PollardSteward Trustee Gerard Nelson

President Jerry Patterson

Founded March 28, 1941Affiliated with the Sailors' Union of the Pacific

ESU News

The ESU News is written and edited by the Exxon Seamen’s Union.

Maintenance and CureJerry Patterson also attended a hearing

on August 15th to represent the Union inthe matter of Grievance #2000-09. Thisgrievance involved the Company�s fail-ure to allow brother Phil Spinaio a �step-up� position that could have been accom-plished, as had been the practice on otheroccasions, by a simple rail-to-rail trans-fer of personnel. The Union viewed thisrefusal to transfer as not only unfair treat-ment of our member but also argued thatit was a violation of the seniority lan-guage found within our Agreement. Thearbitrator�s ruling on this matter is notexpected for 6 to 8 weeks.

On October 2nd an arbitration hearingwas conducted in the matter of Griev-ance #1999-02, in which the Unioncharged the Company with contract vio-lations concerning the denial of launchservice to the crew of the S/R Mediterra-nean in Trieste, Italy. Pumpman JohnMunich unselfishly participated in thehearing as a witness for the Union andrepresented the membership admirablyin giving more that an hour and a half oftestimony, much of which was in cross-examination by the Company lawyer.John�s attendance at the hearing was madepossible only as a result of a great efforton his part. He should to be commendedby the membership for his contribution.Thomas Thompson was also present atthis hearing to represent the ESU. A de-cision by the arbitrator could easily take90 days in this case.

Again on October 10, 2001 the Union,represented by Thomas Thompson andwitness Nelson Coleman attended a hear-ing in Newark, New Jersey on the matterof Grievance #2000-04. In this grievancethe Union asserted that the Companywrongfully issued Mr. Coleman a warn-ing letter for failing to contact Fleet Man-ning for assignment. Of particular con-cern to the Union was the later termina-tion of Mr. Coleman�s employment inwhich the Company cited the warningletter as a contributing factor in the deci-sion to fire him when they alleged thatNelson had subsequently committed an-other infraction of their rules. After thearbitration had convened, our legal coun-sel advised, that he believed it unwise tocontinue with the hearing. Both the Unionand Mr. Coleman agreed and the Unionnotified the Company attorney that theUnion was withdrawing the grievance. Itis important to point out that Mr.Coleman still has other legal avenuesavailable to him to gain justice.

The decision by the Union to seek ar-bitration in a matter is based on numer-ous considerations, but paramount to thedecision making process is the legal opin-ion of the attorney the Union retains.After the Union provides the attorney allpertinent information the attorney pro-vides the Union with his or her opinion.The ESU Board then takes this opinionand conducts a Board vote to reach a de-cision as to whether to request arbitra-tion or not.

After a decision to arbitrate has beenaffirmed by the Union�s Executive Boardnotification is given to the Company. TheUnion then instructs our lawyer to makearrangements in conjunction with theCompany lawyers to notify the Ameri-can Arbitration Association to schedulean arbitration hearing and assign an ar-bitrator. The scheduling of a hearing canquite often take a considerable amountof time due to various reasons including

the availability an arbitrator and the abil-ity of both the Company and Union toreach agreement on a date acceptable toboth parties.

As the mutually agreed on date of thehearing grows near the Union then be-gins preparations for the hearing. TheUnion must then complete the gatheringand organizing of information and docu-mentation that may be necessary and pro-vide it to our attorney. Any witnesses thatthe Union believes may be needed at thehearing must be contacted and arrange-ments made to have them available onthe day of arbitration. Additionally, theUnion in most cases must make accom-modations for the Union�s witnesses andthe Executive Board member represent-ing the Union to meet with our attorneythe day prior to the hearing. At this meet-ing the attorney again reviews the factsof the case and interviews the individu-als that may be called upon to testify.

The Arbitrators decision is typically notknown for two to three months. Transcriptsof the proceedings are first prepared andprovided to the attorneys for both partiesas well as the arbitrator. After transcriptshave been provided, the attorneys are thenallowed ample time to prepare summarybriefs of their arguments and these sum-maries are then presented to the arbitra-tor. Only after the arbitrator has receivedthe transcripts and briefs does he or shebegin deliberation with aid of all evidencethat was presented at the hearing. A de-cision is then announced at a time of thearbitrators choosing.

Expenses incurred by the Union areconsiderable. The Union is contractuallyobligated to share in half the costs of thearbitration. This includes not only thearbitrator but also the cost of the courtreporter present at the hearing. The Unionalso bears responsibility for the costs as-sociated with travel and lodging of theBoard Member representing the ESU andtravel, lodging and meals of any witnessesthe Union decides to have present at thehearing. Moreover, all legal costs involv-ing the Union attorney are paid for bythe Union. These legal costs not onlyinclude the services of the attorney at thehearing but his or her time spent in ad-ministrative duties in preparation for thehearing, including contacting of the AAAand communicating with the Companylegal counsel and the preparing and sub-mitting of the summary brief. Some ofthe other associated legal fees include theattorneys hourly fee for the pre-hearinginterview and fees that the Union acceptsin the initial stages of the process, whenthe Union requests that the attorney re-view, research and submit an opinion asto possibly arbitrating the grievance.

Members should make note of the factthat any decision to arbitrate or not arbi-trate a grievance is not based on the ex-pense of the arbitration process. Deci-sions are based solely on the merits ofthe grievance in respect to the probabil-ity of a favorable decision being renderedon the Union behalf in cases of contrac-tual arguments and/or in regard to wrong-doings that members have been subjectedto. This Executive Board is of the beliefthat regardless of the expense borne by theESU, failure to arbitrate due solely to fi-nancial concerns is equivalent to non-rep-resentation. Arbitration often is the onlyviable avenue existing to resolve grievancesthat otherwise would not be resolved.

Maintenance and cure is a seaman�sremedy that has been around for centu-ries. Sea codes of the middle ages in theMediterranean and later in England setout rules for the payment of injured andsick mariners. This was quite on the cut-ting edge, since in the 1100s there wasno workman�s compensation. Mainte-nance and cure as we know it today wasrefined by the British through hundredsof years of naval activity. It is a productof custom, admiralty courts and hundredsof cases, not specific statutes.

Maintenance and cure is a right of aseaman to be compensated while recov-ering from an illness or injury sufferedwhile working in the service of a ship. Itis paid by the shipowner and has nothingto do with the fault either of the vessel orof the crewmember. It is called a right bycontract, but it does not have to written. Itis an implied contract by law. Each time aseaman steps on a ship, he becomes eli-gible for maintenance and cure benefits.

Maintenance has two parts. The first iscalled unearned wages. An injured or illcrewmember receives his full pay until theend of the voyage or end of his articles, ifhe is not fit for duty for the period. Thesecond part is a daily payment as long asthe seaman is under doctor�s care. It issupposed to represent the worth of aseaman�s room and board that he receiveswhile on his ship, that he now must pay onhis own while recuperating. It has nothingto do with wages. Bargaining agreementsand contracts have modified some of theseold maritime rights, but they cannot doaway with them altogether.

Cure is simply one�s reasonable medi-cal bills needed to get well. Both mainte-nance and cure are paid until the patientreaches maximum medical cure. Thisdoes not mean until he is �cured� as weunderstand the term today. It is until thedoctors say there is nothing else to bedone for the patient. After that point, nobenefits are payable, and none are duefor pain control where there is no pros-pect of improvement. Pre-existing con-ditions are covered with a few exceptions.If a seaman hides a previous injury orillness, such as on a physical historysheet, and he injures or takes ill in thesame body part, he forfeits his mainte-nance and cure rights. Injuries caused bywillful misbehavior, such as drinking orfighting, are also not covered. Becausethese rights are governed by case law,there are variations interpreting the rightsand exceptions among the Federal courtsthroughout the country and the few statecourts who hear admiralty cases.

An important note. These rights do notlast forever. There is a federal maritimestatute of limitations that now applies toall injuries in the service of the ship. Al-though there seems to be a gray area ques-tioning whether maintenance and cure are

covered by this law, it is safe to say theyare covered. You have three years fromthe date of the injury or illness to file aclaim in a court of law or all rights arelost. There are a few exceptions, but theyare rare and very technical.

Maintenance and cure rights were de-signed to be easy and efficient, almost au-tomatic for humanitarian reasons. Courtshave used old language like �all doubts asto entitlement to maintenance and cure areto be resolved in favor of the seaman�.This does not mean that vessel companiesalways pay it. This has been especially truein the last 10 years after the U.S. SupremeCourt ruled that punitive damages were nolonger allowed under maritime law, stat-ing that is was an error in interpreting mari-time law from the 1960s. These are dam-ages in addition to those for one�s harm inthe form of a fine to punish the wrongdoerand encourage him not to repeat the sameaction. An exception exists for hazardousmaterials, which is part of recent environ-mental law. When punitive damages wereavailable for failure to pay maintenance andcure without just cause (termed arbitraryand capricious by the courts), vessel own-ers were usually prompt about payment.Although rarely assessed, the threat wasenough. Unfortunately, litigation is becom-ing more common. An award of attorney�sfees is still available but likewise rare, alongwith compensation for aggravation of one�sinjury for willfully withholding paymentof maintenance and cure. In the past, col-lective bargaining agreements have beenheld to modify the traditional maritimerights of maintenance and cure, such as adaily rate of $8 per day as being fairly bar-gained for, a left over from the forties.Recently, several Northwest courts haverefused to enforce fishermen contracts thatwere blatantly unfair with no union involve-ment. One eastern federal court has ap-plied the same reasoning to a bargainingagreement as infringing on traditional mari-time rights of the seamen. This is a chang-ing area that deserves watching.

The basics of the maritime rights ofmaintenance and cure are fairly simple. Thecomplications lie in the many differing situ-ations that can occur on a vessel, and thefact the source of the law and traditionalhistory is in the admiralty cases of the pasthundred years. Its purpose was originallyto provide humanitarian services to thosein the dangerous work at sea, and the pur-pose is still as valid today.

========This author of this article is Gregory N.

Bilyeu, an attorney with an office in MountVernon, Washington. He has focused onmaritime law since 1980, representing in-jured mariners from the Bearing Sea to theGulf of Mexico to the East Coast. He is amember in good standing of both the Wash-ington and Louisiana Bar Associations andFederal and State Courts.

Arbitration continued

Page 8 WEST COAST SAILORS Friday, October 19, 2001

SUP President's Report

SHIP BREAKOUT

Due to the ongoing military response to the terroristattacks of September 11, all SUP members should beon alert for the possible breakout of Ready ReserveForce vessels and the upgrading of more of the LMSRsto Full Operating Status. Given the nature of the con-flict, it is likely that the U.S. Merchant Marine willagain play a vital role.

Needless to say the officers and members of the Sail-ors� Union of the Pacific are committed to full and com-plete support of the nation�s armed forces.

All hands should be aware of heightened securitymeasures aboard ship and at marine terminals. Ameri-can Ship Management informed the Union that photoidentification is required to enter APL�s terminals hereand abroad, while seamen�s papers (U.S. MerchantMariner�s Document) are required to enter Matson�sSand Island Terminal in Honolulu.

MARITIME SECURITY PROGRAM

The Maritime Security Act of 1996, which establishedthe Maritime Security Program (MSP), requires thatcompanies that hold MSP operating agreements mustbe U.S. citizens as defined by Section 2 of the ShippingAct of 1916. Foreign companies or companies that are�documented citizens� �those with less than 100%American ownership� are prohibited from being MSPparticipants. This requirement is in the statute to en-sure that the availability of a U.S.-flag commercial fleetto meet the nation�s national security needs would neverbe in doubt. Hence APL�s U.S.-flag vessels are oper-ated by American Ship Management which has MSPoperating agreements with the Maritime Administra-tion. The same applies to Maersk Sealand. Its U.S.-flag vessels in MSP are operated by United States ShipManagement, a U.S.-citizen company.

The SUP and MFOW have been informed by reliablesources that Copenhagen-based Maersk, and APL, ownedby Singapore-based Neptune Orient Lines, are lobbyingin Washington to have the MSP citizenship requirementmodified so that they can operate MSP vessels directly orthrough �documented citizen� operators.

If this proposal were to actually pass Congress andbe signed into law by the President, it would seriouslyweaken the intent of the Act to provide for a fleet ofU.S.-flag vessels, crewed by U.S.-citizens in the inter-national trades. If the Act were to be effectively crippled,there would be little motivation for Congress to re-au-thorize the legislation when it expires on September30, 2005. If the Act is not re-authorized, this nation�sforeign commerce will be exclusively carried in for-eign-flag ships, with U.S.-citizen/sailors sitting on thebeach. Will keep a weather-eye on this maneuver.

MATSON NAVIGATION COMPANY

The unlicensed and licensed unions met with Matsonon September 28, to continue discussions on thecompany�s fleet replacement proposal reported for thepast two months.

In attendance for the Unions were MFOW PresidentWhitey Disley; SIU-A&G/NMU West Coast Vice Presi-dent Nick Marrone; MM&P Pacific Coast Vice Presi-dent Don Marcus; MEBA Executive Vice President BudJacque; ARA West Coast Representative Carl Young;SUP Vice President Dave Connolly and your secretary.Matson was represented by Captain Jack Sullivan, Di-rector of Vessel Operations and Offshore Labor Rela-tions and Tom Percival, Senior Manager Labor Rela-tions and Vessel Operations.

Matson�s position was essentially the same taken inprevious meetings: that in order for the company tocommit to purchasing new vessels, including two underconstruction at Kvaerner Philadelphia Shipyard, theUnions would have to make concessions in the form of

an 11.7% reduction in total costs of combined wagesby job. The proposal includes the elimination of theradio operator�s job.

The company reiterated that operating costs neededto be cut to justify the return on the investment toAlexander & Baldwin�s stockholders.

Sullivan stated that if the two Kvaerner diesel-pow-ered ships were purchased, two C-8 type vessels wouldprobably be sold for scrap, with the third being held inreserve idle status. He added that the C-8�s whichMatson bought from APL several years ago � ChiefGadao (ex-President Grant, ex-Golden Bear, Ewa (ex-President Tyler, ex-Japan Bear) and Lihue (ex-Presi-dent Hoover, ex-Thomas E. Cuffe)� were built in 1971are costly to operate and maintain and are near the endof their useful lifespan.

The Kvaerner ships on the other hand would have asmaller crew, reduced maintenance and repair costs andwould be more fuel efficient. If these vessels were pur-chased, they would likely go into service in the later partof 2003 or early 2004.

In addition to the Kvaerner ships, Sullivan disclosedthat Matson had solicited bids from five shipyards toconstruct four vessels designed by Matson. He addedthat the company was �highly unlikely to build at thistime,� but given the overall age of the fleet, a vesselreplacement program would have to commence at somepoint in time.

It should be noted that, the Pacific Maritime Maga-zine in its September issue published an article statingthat, �Matson Navigation is inviting tenders from do-mestic shipyards for the construction of two 2,500 teu�open hatch� container ships. The new vessels will be771 feet long, with a 108-foot Panamax beam, and willhave a service speed of around 22.5 knots. The bids, toinclude options for a further two vessels, are expectedduring September, with a firm order placed by the middleof next year.�

Although some of the Unions present indicated theymight be willing to make concessions, the SUP andMFOW made no commitments as it is our belief thatthere is no compelling reason to do so. Anticipate fur-ther meetings on Matson�s proposal.

In a related matter, Sullivan indicated that due to theworld-wide economic slowdown which has hit Hawaiiparticularly hard, there is a distinct possibility that theisland service could be reduced by one or two vessels.

FOREIGN VOYAGES:SIGN-ON, PAY-OFF

It has come to the attention of the SUP and MFOWthat ASM and Matson vessels in the foreign trades arenot following the law and past practice regarding sign-on and pay-off.

For the information of the membership, foreign articlesare broken upon arrival at the first port in the continentalUnited States which is normally the pay-off port if thevessel arrives at Seattle, Oakland or Los Angeles.

For example, when a Matson C-9 or ASM C-10/J-10arrives from a foreign voyage at Terminal Island, the ar-ticles are broken and the pay-off shall occur in port as perSection 8 of the General Rules. Crew members shall notpay off at sea prior to arrival or sign foreign articles forthe next voyage. Under the current schedule, the C-9�s,C-10�s, and J-10�s, make a coastwise voyage from LosAngeles to Oakland. Foreign articles shall be signed bycrew members prior to departing Oakland.

The same procedure applies to ASM C-11�s arrivingfrom a foreign voyage to Seattle. Articles are brokenupon arrival and the vessel is paid off in port. Duringthe transit from Seattle to Los Angeles, the vessel is oncoastwise articles. Foreign articles shall be signed bycrew members prior to departing Los Angeles.

All hands are directed to comply with this procedure.

DOT DRUG AND ALCOHOLBACKGROUND CHECKS

As reported for the last two months, the Department

of Transportation has implemented a draconian and in-vasive new rule which mandates that an employer ob-tain a seamen�s written consent so that the employercan request information regarding drug and alcohol fromprevious employers who have hired the mariner in theprevious two years.

All of organized maritime labor and most employersare opposed to this measure.

In late September, representative Frank LoBiondo (R-NJ), chairman of the House Transportation and Infra-structure Committee�s Coast Guard and Marine Trans-portation Sub-Committee indicated he is pursuing anexemption for mariner background checks by suspend-ing 49 CFR Part 40.25 and reverting to existing U.S.Coast Guard rules.

The SUP and MFOW have gone on record stating thatwe will not comply until this issue is finally resolved.

Will keep the membership informed on further de-velopments on this issue.

IRS RULES ON PROPOSEDPENSIONER BENEFIT

After almost a year reviewing the proposal to con-vert the $13 million derived from the sale of the park-ing lot adjacent to Headquarters into a housing ben-efit for eligible pensioners, the Internal Revenue Ser-vice issued a negative ruling on September 21.

In a letter to the SUP Welfare Plan, Terrell M.Berkovsky IRS Manager, Exempt Organization Tech-nical Group 2, stated that the benefit proposed isnot legal under the IRS Code and would jeopardizethe Plan�s tax exempt status.

Mr. Berkovsky�s letter specifically states that theproposed benefit (initiated by then Vice Presidentand Welfare Plan Trustee Duane Hewitt and yoursecretary in 1998, prior to the sale of the lot) is notlegal as the Code �does not include any benefit thatis similar to a pension or annuity payable at the timeof mandatory or voluntary retirement.�

For the membership�s information, the denial letterfollows:

September 21, 2001 � Washington, D.C.Employer Identification Number: 94-1243666Dear Sir or Madam:This is in reply to your letter of December 12, 2000,

concerning whether the provision of housing assistancein the form of monthly supplements to your retired mem-bers will adversely affect your tax exempt status as anorganization described in section 501(c)(9) of the In-ternal Revenue Code.

You have been recognized as exempt from federal in-come tax as an organization described in section501(c)(9) of the Internal Revenue Code.

You were established by the Sailors� Union of thePacific and the Pacific Maritime Association pursuantto a collective bargaining agreement. You currently pro-vide various welfare benefits to your members and theirdependents. The benefits you provide include �mainte-nance and care when they [the members] are, by rea-son of age or other infirmity, no longer able to main-tain themselves; and a suitable place to stay when theyare away from their home port�� The information youhave submitted indicates that when you adopted theagreement you contemplated building, purchasing, leas-ing or otherwise acquiring a building or buildings to bemaintained for the described purposes. You were ableto provide housing for your members in certain areas.However, because of the cost of establishing such a siteyou were unable to provide these benefits to your mem-bers in the San Francisco area.

You now propose to provide a new benefit, a monthlyhousing supplement which is to be paid in cash. Thisbenefit is to be available to all members who are cur-rently receiving a regular pension, all members whoare receiving a mandatory deferred vested pension; allmembers who are receiving a Chevron pension and whowere dues paying members when employed; and all fu-ture retirees who are not active members and who qualifyunder a five-year vesting rule as of the end of fiscal

October 9, 2001

Friday, October 19, 2001 WEST COAST SAILORS Page 9

year 1999 (July 21, 2000). You have represented thatsection 302(c) of the Labor Management Relations Actof 1947, 61 Stat. 136, as amended, 29 U.S.C. 188(c)(11979), permits collective bargaining over the estab-lishment of a trust fund to provide financial assistancefor employee housing. (Hereinafter this statute shall bereferred to as the LMRA.)

You have requested a ruling on whether the provisionof housing assistance in the form of monthly housingsupplements to retired members will jeopardize yourstatus as an organization described in section 501(c)(9)of the Code.

Section 501(c)(9) of the Code provides for the ex-emption from federal income tax of voluntary employ-ees� beneficiary associations providing for the paymentof life, sick, accident, or other benefits to the membersof such association or their dependents or designatedbeneficiaries if no part of the net earnings of such asso-ciation inures (other than through such payments) tothe benefit of any private shareholder or individual.

Section 1.501(c)(9)-3(a) of the Income Tax Regula-tions provides in part that a voluntary employees� ben-eficiary associations is not operated for the purpose ofproviding life, sick, accident, or other benefits unlesssubstantially all of its operations are in furtherance ofthe provision of such benefits. Furthermore, an organi-zation is not described in this section if it systemati-cally and knowingly provides benefits (of more than ade minimis amount) that are not permitted benefits un-der of this section of the Code.

Section 1.501(c)(9)-3(b) of the regulations in discuss-ing the term life benefits provides that the term �lifebenefit� does not include a pension, annuity or similarbenefit, except that a benefit payable by reason of thedeath of an insured may be settled in the form of anannuity to the beneficiary in lieu of a lump-sum deathbenefit (whether or not the contract provides for settle-ment in a lump sum).

Section 1.501(c)(9)-3(d) of the regulations in discuss-ing the term other benefits states that the term �otherbenefits� includes only benefits that are similar to life,sick, or accident benefits. A benefit is similar to a life,sick, or accident benefit if: (1) It is intended to safe-guard or improve the health of a member or a member�sdependents, or (2) It protects against a contingency thatinterrupts or impairs a member�s earning power.

Section 1.501(c)(9)-3(e) of the regulations in discuss-ing the term �other benefits� provides that �[e]xcept tothe extent otherwise provided in these regulations, asamended from time to time, �other benefits� also in-clude any benefit provided in the manner permitted byparagraphs (5) et seq. of section 302(c) of the LMRA.[In 1990 this provision was amended to authorize par-ties engaged in collective bargaining to bargain overthe establishment and administration of trust funds toprovide financial assistance for employee housing.]

Section 1.501(c)(9)-3(f) of the regulations providesthat the term �other benefits� does not include the pay-ment of commuting expenses, such as bridge tolls ortrain fares, the provision of accident or homeowner�sinsurance benefits for damage to property, the provi-sion of malpractice insurance, or the provision of loansto members except in times of distress (as permitted bySec. 1.501 (c)(9)-3(e)). �Other benefits� also do notinclude the provision of savings facilities for members.The term �other benefits� does not include any benefitthat is similar to a pension or annuity payable at thetime of mandatory or voluntary retirement, or a benefitthat is similar to the benefit provided under a stockbonus or profit-sharing plan. For purposes of section501(c)(9) and these regulations, a benefit will be con-sidered similar to that provided under a pension, annu-ity, stock bonus or profit-sharing plan if it provides fordeferred compensation that becomes payable by reasonof the passage of time, rather than as the result of anunanticipated event. Thus, for example, supplementalunemployment benefits, which generally become pay-able by reason of unanticipated layoff, are not, for pur-poses of these regulations, considered similar to thebenefit provided under a pension, annuity, stock bonusor profit-sharing plan.

The information you have submitted establishes thatyou intend to provide this monthly housing stipend onlyto your retired members. You have represented that ahousing stipend is a benefit permitted by paragraphs(5) et seq. of section 302(c) of the LMRA. See section

1.501(c)(9)-3(e) of the Code which indicates that un-less otherwise precluded by section 501(c)(9) the term�other benefits� includes benefits permitted by theLMRA.

Generally, the term �other benefit� when used in sec-tion 501(c)(9) of the Code refers to benefits which areintended to safeguard or improve the health of a mem-ber or protect against a contingency that interrupts orimpairs a member�s earning power. See section1.501(c)(9)-3(d) of the regulations. It specifically pre-cludes pensions, annuities or similar benefits. See sec-tion 1.501(c)(9)-3(b) of the regulations. The regula-tions emphasize that any benefit that becomes payableby reason of the passage of time, rather than as theresult of an unanticipated event is not a permissiblesection 501(c)(9) benefit.

Your proposed housing stipend is a cash benefit thatcould be used for any purpose. It is not restricted tohousing. It is available to all members regardless oftheir housing needs. Accordingly, it is similar in natureto a pension or deferred compensation plan and is nota permissible section 501(c)(9) benefit. Furthermore,because it is only available to retired members it is notprovided by virtue of a contingency that interrupts earn-ing power. It also is not targeted to safeguarding orimproving the health of members or their dependents.Consequently, the term �other benefits� does not in-clude the proposed supplemental housing benefit.

Accordingly, we have concluded that providing a hous-ing stipend, as more than a de minimis part of yourprogram, will jeopardize your status as an organizationdescribed in section 501(c)(9) of the Code.

Sincerely yours,Terrell M. Berkovsky ManagerExempt Organizations Technical Group 2Although the SUP Welfare Plan will regrettably

not be able to pay a �housing benefit� to pensioners,it is legally permissible to use the funds available tosignificantly increase the annual pensioner medicalallowance and possibly include dependents.

Union trustees Dave Connolly and your secretaryin conjunction with Duane Hewitt and the attorneyswill review this option to gain approval from theemployer trustees. It is our belief that although thiswill not be a monthly cash payment as originallyenvisioned, it will still be money that pensioners canuse to substantially defray medical costs.

Will keep the membership informed.

CHEVRON SHIPPING COMPANY

This month Chevron announced its Profit Sharing/Savings Plan results for the third quarter of 2001. Forevery dollar a participant contributed to Profit Sharing,the company matched with $8.63. Chevron�s match wascomprised of the following:

1) A participant received an allocation of Chevronstock equal to $7.63 to a participant�s Contingent Ac-count for each dollar contributed to the Profit SharingMember Account; and

2) A participant also received an allocation of Chev-ron stock equal to $1.00 to a participant�s Saving PlusAccount for each dollar that contributed by a partici-pant to the Profit Sharing Member Account.

For those SUP members participating in the Plan,Chevron�s match equaled 17.26% of base wages for thethird quarter.

In order to participate in the Profit Sharing/SavingsPlan, one must be employed by Chevron for a year andcontribute a minimum of 2% to his or her Chevron401(k) Plan.

Participation by SUP members employed by ChevronShipping in the Profit Sharing/Savings Plan was achievedin bargaining in 1998 and is a benefit unequaled in themaritime industry.

========As has been anticipated for some time, Chevron no-

tified the Union last month that the Chevron Missis-sippi will go out-of-service in December due to the factthat she is a single-hull tanker and will shortly reachher drop-dead date under the provisions of the Oil Pol-lution Act of 1990.

Accordingly, met with Jim DeCruz, manager of thecompany�s U.S. manning office, on September 13, to

bargain the effects of the loss of this vessel on membersemployed by Chevron.

Although only a few unlicensed personnel will be af-fected, signed a Memorandum of Understanding, subjectto membership approval, which provides for severance.

The severance has two parts: an involuntary sever-ance plan and a demotion or transfer severance plan.

Involuntary Severance PlanThe Involuntary Severance Program benefit would be

paid to all surplus regular full-time SUP-representedemployees who meet all the following conditions:

- Are an active employee (or on Short-Term Disabil-ity) on October 1, 2001 and has at least one year ofcontinuous service with the Company; and

- Are notified in writing by Chevron that they areeligible; and

- Are terminated by Chevron on a date to be deter-mined by the Company, but no later than March 31,2002.

Formula: Two (2) weeks of base pay for every year ofcontinuous service with the Company. A minimum ofeight (8) weeks and a maximum of seventy (70) weeksof base pay apply.

Demotion or Transfer Severance PlanThe Demotion or Transfer Severance Program ben-

efit would be paid to all surplus regular full-time SUP-represented employees who meet all the following con-ditions:

- Are an active employee (or on Short-Term disabil-ity) on October 1, 2001 and has at least one year ofcontinuous service with the Company; and

- Are notified in writing by Chevron that they areeligible; and

- Are terminated by Chevron on a date to be deter-mined by the Company, but no later than March 31,2002.

Formula: Two (2) weeks of base pay for every year ofcontinuous service with the Company. A minimum ofeight (8) weeks and a maximum of seventy (70) weeksof base pay apply.

While severance will not mitigate the loss of the Mis-sissippi and the work she provided, Chevron must begiven credit for the terms of the severance plans.

Recommend membership ratification of the Memo-randum of Understanding.

SAN FRANCISCO BAR PILOTS

Met with Captain Peter McIsaac, Port Agent of theSan Francisco Bar Pilots, on October 1, regarding an-nual training for members employed by the Pilots forover six months in the use of portable defibrillators andCPR. The defibrillator training takes four hours as perState law, while CPR training is two hours.

The Pilots propose that Station Boat crews begin train-ing at 6:00 A.M. on a change day, delaying departurefor the Pilot station until noon. Crews will be paid atthe overtime rate for the actual hours in training, withthe exception of the on-watch operator and cook whonormally turn-to at 10:00 A.M. on straight time.

The Run Boat crews and the Dispatchers will take thetraining on their time off and will be paid eight hours atthe overtime rate. The dock bosun will train during hisregularly scheduled work week.

Agreed to this proposal, pending membership ratifi-cation.

BUILDING CORPORATION

The SUP Building Corporation met at Headquarterson October 1 with all Trustees present except for NormanChristianson who was at sea.

Since the last Trustee meeting in August, SystemsXIX notified the Building Corporation on September26, that it intends to vacate the space it rents at Head-quarters by November 15, which means a loss of ap-proximately $100,000 per year in revenue.

Frank Conway of the law firm of Lynch, Gilardi &Grummer gave an overview to the Trustees of pendinglegal matters:

President's Report continued

Continued on next page

Page 10 WEST COAST SAILORS Friday, October 19, 2001

The trial in the Lawson v. SUP Building Corporation(see the February, March, April, July and Septemberissues of the West Coast Sailors) matter is presently setfor March 4, 2002. A settlement conference is set forNovember 15, 2001. The June 2001 mediation was con-tinued to give the parties more time to investigate thefeasibility and cost of third floor access alternatives (in-stallation of Article 15 elevator vs. converting the exist-ing hoist to a vertical wheelchair lift). To date, no sec-ond mediation date has been set. We anticipate that thevacancy of Systems XIX may accelerate settlement dis-cussions and/or pre-trial discovery in this case.

Systems XIX�s departure raises the argument that thebuilding no longer contains a �public accommodation� towhich handicapped access is required, so that Mr.Lawson�s claims for injunctive relief and attorneys� feesare moot. This argument, however, may be complicatedby the Building Corporation�s control over the timing ofany replacement tenant and by Mr. Lawson�s remainingpersonal injury claim, the Trustees agreed that furtherresearch into the strength of this argument is appropriate.

As to the availability of a replacement tenant for thethird floor, it appears at the present time that the SanFrancisco commercial real estate market has softenedconsiderably. No prospective tenants have been identi-fied. The Building Corporation�s realtor, Tony Crosslyof Colliers International, by direction of the Trustees,will continue to solicit prospective tenants.

With respect to insurance coverage, Systems XIX�scarrier, Terra Nova Insurance Company, has finallyagreed to defend the Building Corporation and prom-ised reimbursement of the Building Corporation�s pastdefense costs which currently are in excess of $80,000.

Terra Nova also filed a declaratory relief action seek-ing a court order that it has no duty under its policy todefend or indemnify the Building Corporation and Sys-tems XIX against any liability in this case. No trial dateis set in the Terra Nova Insurance Company matter.The Building Corporation has answered Terra Nova�scomplaint, and filed a counterclaim against Terra Novafor bad faith in refusing (from November 2000 to Au-gust 2001) to defend the Corporation from claims ofphysical injury, despite its decision to defend SystemsXIX from the same claims.

The Building Corporation also directed Mr. Conwayto file a bad faith action against its primary insurancecarrier, Ulico Casualty Company, which continues todeny the Building Corporation a defense and any cov-erage in this case. We have learned informally that Ulicomay participate in upcoming settlement discussions andcontribute toward any settlement, although it continuesto deny coverage in this matter.

With respect to the hoist attached to the building,Systems XIX has offered to sell it to the Building Cor-poration for $50,000. Otherwise, Systems XIX intendsto remove the hoist upon departure, which it appearslegally entitled to do. The Trustees are currently evalu-ating this offer.

It appears that Systems XIX may have caused dam-age, beyond ordinary wear and tear, to certain areas ofthe building, including the roof membrane and thirdfloor and basement bathrooms. The Building Corpora-tion has retained a contractor to perform a thoroughinspection of all areas of the building occupied by Sys-tems XIX for the purpose of documenting and estimat-ing the repair cost of any damage.

SUP ELECTION

As per Article XII of the SUP Constitution, all mem-bers nominated for elective office at the September coast-wise meetings and who desire to become candidates forthe 2002-2004 term of office shall have their accep-tance in the office of the Committee on Candidates atHeadquarters (450 Harrison Street, San Francisco, CA94105) prior to midnight, October 14, 2001.

The acceptance shall be by letter which shall be datedand shall contain the following: (a) The name of thecandidate; (b) His/her home address and mailing ad-dress; (c) His/her membership number; and (d) Thetitle of the office or other position sought, including thename of the Port in the event the position sought is thatof Branch Agent or Business Agent.

No one may be a candidate for more than one office withthe exception of the position of Trustee of the SUP BuildingCorporation, and delegate to the SIUNA Convention.

Nominees who shall fail to comply herein with shallbe regarded as having declined the nomination.

The Committee on Candidates/Election Committeewill turn-to at Headquarters at 9:00 A.M., Monday,October 15, to verify the eligibility of the candidates,select and recommend for membership approval anImpartial Balloting Agent and otherwise prepare theballot. The Committee�s report will be acted upon atthe November coastwise meetings.

Candidates for office may request and require the Unionto distribute campaign literature at the candidate�s request,provided that the candidate makes such request at leastfive working days prior to the intended date of mailingand/or distribution and provided that the candidate paythe actual cost of mailing and/or distribution at the timeof each request. The cost of mailing and/or distributionshall be at the hourly rate of Office and Professional Em-ployees International Union (OPEIU) Local 3. Campaignliterature that the candidate requests to be mailed must beready for mailing: stamped; envelopes stuffed and sealed;or flyers stamped, folded, and sealed.

Candidates for office are entitled to submit a photo-graph and a statement of 100 words or less regardingUnion issues for publication in a special election supple-ment to the West Coast Sailors that will be published inNovember. The statements and photos should be sentto the editor of the West Coast Sailors prior to Novem-ber 7, for inclusion in the election supplement.

Each candidate may also post campaign material on abulletin board to be set up in each SUP hall for that pur-pose. The candidate shall be allotted space for one legal-size page (8½� x 14�) on a first-come, first-served basis.

The secret mail ballot election of officers forthe 2002-2004 term and referenda on proposedConstitution Amendments and Shipping Rulechanges will begin on December 1, 2001 and endon January 31, 2002.

CALIFORNIA LABOR FEDERATION

The California Labor Federation�s Pre-Primary Elec-tion will be held on November 28, in Los Angeles atthe Wilshire Grand Hotel.

Delegates to the convention will endorse candidatesfor the United States House of Representatives, Gover-nor, Lieutenant Governor, Secretary of State, StateController, State Treasurer, State Attorney General, Su-perintendent of Public Instruction, State Insurance Com-missioner, the State Board of Equalization, the StateSenate, the State Assembly and endorse positions onstatewide ballot propositions, for the statewide primaryelection on March 5, 2002.

The SUP is entitled to six delegates to the conven-tion. Recommend that Vice President Dave Connolly,Wilmington Branch Agent Mark Hurley, your secre-tary and three rank-and-file members elected at theOctober Wilmington meeting serve as delegates.

TRAINING

STCWAll hands are reminded that the deadline for full com-

pliance with the amended international STCW (Stan-dards of Training, Certification and Watchkeeping) con-vention is three-and-one-half months away.

In order to continue sailing after February 1, 2002,you must have an STCW 95 certificate.

Members who do not hold an STCW 95 certificateshould enroll in one of the training sessions scheduled forthis year. A complete schedule for the five-day trainingcourse will be printed in this month�s West Coast Sailors.

Applications to attend STCW 95 classes at the SUP/Training Resources Ltd. site in San Diego are availableat every SUP hall, the SUP Welfare Plan, and on theinternet at www.sailors.org.

There is no cost to any SUP member who takes thisnecessary training: just his or her time. Tuition, trans-portation, lodging and subsistence expenses are borneby the SUP Welfare Plan�s Training Fund. The reim-bursement policy will be published in the July issue ofthe West Coast Sailors.

LMSRMembers interested in working the Large Medium

Speed Roll-On/Roll-Off (LMSR) vessels operated by

Patriot Contract Services for the Military Sealift Com-mand must take the 11-day, MSC-required training atthe SUP Training Resources Ltd. site in San Diego.Those contemplating taking this training should be physi-cally fit and have a clean record (no felonies or misde-meanor convictions for domestic violence). In addition,members desiring to take the training are required tofirst sign a letter of commitment agreeing to serve inthese vessels for a period of at least two, four-monthassignments, and/or if service is requested by the Unionin order to fulfill our contractual obligations. This train-ing is costly and will not be wasted on those who arenot committed. It should also be noted that membersdispatched to LMSRs are expected to complete theirassignments (of at least four and up to six months).

Applications for LMSR training are available at ev-ery SUP hall and the SUP Welfare Plan. All questionsregarding individual eligibility should referred to RichReed, Welfare Plan Representative, or Dave Connolly,Vice-President.

QUARTERLY FINANCECOMMITTEE

In accordance with Article XVII, Section 2 of the SUPConstitution, a Quarterly Finance Committee shall beelected at today�s Headquarters meeting to review the fi-nances of the Union for the third quarter of 2001, andreport back to the membership at the November coast-wise meetings. In the event the committee cannot be filledtoday, recommend that when the quarterly audit of theUnions funds is completed, which will be in about threeweeks, necessary committee members be shipped off thehiring hall deck as per past practice.

The Quarterly Finance Committee will meet at Head-quarters at 9:00 A.M. on November 9.

VETERAN’S DAY

Since Veterans� Day is on a Sunday this year, it willbe observed on Monday, November 12. All SUP hallswill be closed and the Headquarters� meeting will beon Tuesday, November 13.

ACTION TAKEN

M/S to accept Chevron Severance Plan. Carriedunanimously.

M/S to accept San Francisco Bar Pilot training pro-posal. Carried unanimously.

M/S to accept the President�s recommendation fordelegates to the California Labor Federation Conven-tion. Carried unanimously.

M/S to accept the balance of the President�s report.Carried unanimously.

Quarterly Finance Committee: Paul Fuentes, DanGonzales, Louie Frazier, Paul Calais, and Art Thanash.

Gunnar Lundeberg

President's Report continued

Nancy Pelosi winsHouse Whip job

Representative Nancy Pelosi (D-San Francisco) onOctober 10, was elected by her fellow Democrats asHouse Whip, second in rank only to Minority LeaderRichard Gephardt (D-MO). In fact, Pelosi becomesthe country�s highest-ranking woman ever in Nationalelective office. Pelosi defeated Representative StenyHoyer (D-MD) by a vote of 118 to 95.

The Whip�s job is not only chief vote-counter forthe Democratic caucus, but also as an organizer,fundraiser and campaigner. Pelosi said she will fo-cus on �showcasing� the ideas percolating in theparty and indicated that her top priority will be togive �many more Members� the opportunity to havetheir voices heard.

Commenting on the election, SUP PresidentGunnar Lundeberg said that �Nancy Pelosi is alongtime friend of the Sailors� Union and herelection as Whip will be a plus.�

Pelosi will succeed current Whip David Bonior(D-MI) on January 15. Bonior is running for Gov-ernor of Michigan.

Friday, October 19, 2001 WEST COAST SAILORS Page 11

Vice President's Report

Hdqs..... Seattle ...... Wilm ...... Hono .......... TotalBosun .............. 3............ 3 ............ 7 ............ 0 .............. 13A.B. Dayworker . 0............ 0 ............ 7 ............ 0 ............... 7A.B . ............. 35............ 8 .......... 16 ............ 5 .............. 64O.S. ................ 2............ 2 ............ 1 ............ 1 ............... 6Standby........... 37........... 34 .......... 95 .......... 29 ............ 195Oiler ............... 0............ 1 ............ 0 ............ 0 ............... 1TOTALS ......... 77........... 48 ......... 126 .......... 35 ............ 286

Record of SUP ShippingSeptember 2001

If you listen you can hear itAs it sweeps across the landThe sound of distant thunderFrom heaven�s marching band

It�s an army on the move once moreDressed in crimson, white and blueEach one has been instructedThey know just what to do

They�ve been given their assignmentsBeen trained for eons sinceThey are God�s immortal soldiersFrom God�s special regiment

From the mountains and the valleysFrom across the fruited plainsFrom the farmers and the workersHeavy burdened heavy strained

In this land of milk and honeyIn this melting pot of poorCame the men of many nationsTaste of freedom was the lure

Dear Editor:This poem is dedicated to the memory of the thousands of people who lost

their lives in the Towers, in the planes, and the Pentagon. To their families, andfriends, May God shed his love, and light to guide, comfort, and direct you. Aspecial heartfelt thanks to my blue collar union brothers in the fire and policedepartments, doctors, nurses, steelworkers, and any and all volunteers, for thecourage and sacrifice they showed before, during, and after this despicable actof hatred.

Like the phoenix from myth, we will rise from the ashes resplendent andstronger than before; One country under God, Indivisible, with Liberty, andJustice for All.

God Bless America. J K Russell #3179September 18, 2001

From this nation fierce in battleFrom it�s enemies and foesA true respect and trustOf the victors might did grow

For in victory came kindnessCame the helping bother�s handTo spread the news that we had comeTo lead the brotherhood of man

If you listen you can hear itAs it sweeps across the landThe sound of distant thunderFrom heaven�s marching band

They are gathering down by the riverGod�s immortal regimentThe winds of change are comingThey are from heaven sent

You can hear the distant thunderAs they march across the landIn this land they call AmericaIn this land, this promise land

America

California unemployment benefits toincrease; workers� compensation bill vetoed

�After 16 years of Republican gover-nors, it is shameful for a Democratic gov-ernor to veto a benefit increase that wouldstill leave California far below the na-tional average in workers� compensationbenefits,� Burton said.

The veto of Burton�s SB 71 marks thethird time Davis has vetoed workers� com-pensation benefit increases. Benefits for

the majority of workplace injuries havenot been increased since 1982.

�The percent of payroll employers payin workers� compensation premiums is al-most half of what it was in 1990,� Burtonsaid. �Even with the benefit increase pro-posed in SB 71, the percentage would stillbe substantially lower than what it was.�

Burton noted that in addition to the $4billion employers have already saved sinceworkers� compensation reform legislationin 1993, SB 71 and its companion bill AB1176 included $1.5-$1.7 billion in annualcost savings for employers. With those sav-ings, the benefit increases in SB 71 wouldhave resulted in only a one-cent per hourper employee cost to business.

�I would hope that union officialsthroughout the state and nation would makeit clear to the Governor how upset they arewith this heartless, senseless veto of sucha modest increase in workers� compensa-tion benefits, the majority of which havenot been increased for 20 years,� Burtonsaid. �I believe now the only way injuredworkers in this state will be able to get abenefit increase over the opposition of theemployers, who seem to have theGovernor�s ear, is to put an initiative onthe statewide ballot and pass it.�

California Governor Gray Davisprompted by a massive lobbying effort byorganized labor this month finally signedinto law a bill that will increase state un-employment benefits for the first time innine years. California currently ranks 48th.

Senate Bill 40 by Senator Richard Alacon(D-San Fernando Valley) will increase ben-efits to $330 a week from the current $230on January 1, 2002. Benefits will go upeach year, reaching $450 in 2005.

�It�s a victory for working Californians,�said Art Pulaski, Executive Secretary-Trea-surer of the California Labor Federation,AFL-CIO, which sponsored the bill andpressed the governor to sign it.

However, Governor Davis vetoed a bill(SB 71), also sponsored by labor by Sen-ate President Pro Tem John Burton (D-San Francisco) to increase workers� com-pensation benefits.

SUP Member JoinsPension Ranks

One SUP member has joined the ranksof pensioners, bringing the total numberof SUP members now receiving a pen-sion to 1,042:

Martin L. Birdsell, 65, Book No.5712, joined SUP in 1967, 15 years ofseatime.

Passenger Vessel Services Actexemption opposed by Congressman

Representative Robert Borski (D-PA)last month delivered strong remarks onthe House floor in opposition to amendthe Passenger Vessel Services Act of 1886by designating Panama as a �distant� for-eign port of call. Such designation wouldallow foreign-flag vessels to carry pas-sengers form one U.S. port ot another,provided only that the vessels stop inPanama enroute.

Borski stated that, �Under the existingPVSA, vessels making U.S. point-to-pointservices must be owned, built, flaggedand manned in the United States.

�This statute has served our country wellover a century, ensuring a vibrant domes-tic passenger vessel industry that createsand preserves jobs in the United States.

�Designating Panama as a distant for-eign port would create no U.S. jobs, gen-erate no economic benefits for the U.S.,and result in no new business for U.S.-

flag cruise vessels.�Only foreign-flag �which pay no U.S.

corporate income taxes, operate largelyoutside of U.S. laws, and employ foreignlabor� would benefit from this misguidedproposal.

�Such an act would also create a dan-gerous precedent that could have evengraver implications for U.S. cargo trans-portation governed by the Jones Act.�

Letter to the EditorOctober 2001

Meal beef squared-away in LMSRsThe Union secured a major improvement in the LMSRs during the first week of

October. After a series of e-mails and letters, protesting the Patriot�s refusal to payfor the broken meal hour in addition to the time worked, it was finally agreed tosettle the issue according to the dictates of Section 41 of the American Ship Manage-ment Offshore Agreement. The company is allowed to shift the meal hour withoutpenalty so long as such shift adheres to the times laid out in Section 41.

Grassroots political action pays off in CaliforniaThe first increase to California Unemployment Insurance was signed into law by

Governor Gray Davis this month. Starting January 1, the weekly benefit will rise to$330 from the current $230. The benefit will increase each year up to $450 in 2005.

The SUP worked hard to insure this victory. Members signed and returned hun-dreds of cards in support of the legislation. On two occasions, I discussed the impor-tance of Unemployment Insurance for our members with lawmakers in Sacramento.In the final days, as the bill sat on the governor�s desk, we made dozens of phonecalls both from within the Union and through the Labor Councils. The Governorwas informed that labor�s support for his reelection bid would not come without hissignature on that bill. Although the amount is still too low, this is an importantincrease to the bottom line for SUP members working for California employers.

Basic Safety Training renewalAs a follow-up to President Lundeberg�s report last month, the Coast Guard has

ruled that Basic Safety Training will be considered a one-time requirement for thosewho have one year of sea service in the five years prior to the expiration of yourpresent STCW. This is the first ruling in favor of those who work on deck since theSTCW 95 amendments were made to the original 1978 Convention. It is due in partto the combined efforts of the SUP, the IBU, and the MFOW, who jointly produceda series of proposals and recommendations that include shipboard renewal of BST.We delivered those arguments to the Coast Guard, presented and defended them atthe STCW Interpretation Conference at MITAGS, in Baltimore in August, and emergedvictorious. By removing a layer of red tape, this ruling will make it easier for sailorsto continue to go to sea for a living. The development is also emerging because itproves efficacy of our participation and argues powerfully for our continued involve-ment in the rulemaking process.

East Coast tripAccordingly, I attended the Ship Operation�s Cooperative Project (SOCP) meeting

in Norfolk, Virginia, on October 16 and 17, to further press for meaningful reformto make maritime law a help rather than a hinderance to the unlicensed seaman ofthe U.S. Merchant Marine. Will report further on the SOCP meeting in November.While in Norfolk, I made the USNS Gilliland, USNS Gordon, USNS Yano, andUSNS Mendonca, with Norfolk Representative Jack Stasko. All in good shape withminor clarifications. Also made the USNS Pililauu in Savannah, Georgia, upon herreturn from Europe. Squared away all beefs to the gang�s satisfaction.

Dave Connolly

Page 12 WEST COAST SAILORS Friday, October 19, 2001

SUP Branch Reports

September 17, 2001Shipped the following during the pe-

riod: 3 bosuns, 1 steady, 1 return and 1relief, filled by A cards; 12 ABs filled by3 A cards, 2 B cards, 5 C cards and 2 Dcards. Also shipped 38 standby jobs filledby 8 A cards, 18 B cards, 3 C cards, 6 Dcards and 3 MFOW members.

Registration for the period: 12 A cardsfor a total of 34, 4 B cards for a total of23, and 7 C cards for a total of 20.

Ships checkedAPL Singapore shipped a riding gang.

APL Korea, APL Thailand, APL Philip-pines found with little or no trouble.Kauai and Maui in twice and runningsmoothly. Rigging loft has been busy inpreparation for the spray painting gangs.

Attended the Washington State LaborCouncil Convention in Wenatchee wherealong with the Washington State BuildingTrades and the Washington State MaritimeTrades, endorsed the AFL-CIO's positionon responsible oil exploration in the Arc-tic National Wildlife Refuge.

I also attended the King County LaborCouncil meeting and the Labor Day pic-nic, the Puget Sound Ports Council, Mari-time Trades meeting.

Mayor Paul Schell was defeated in theprimary election on September 18. We willbe working to elect Greg Nickels for Mayorof Seattle. Both Paul Schell and Greg Nick-els have been goods friends to labor.

It appears that we will be moving theunion hall again as the County has pur-chased both sides of the street on which

September 17, 2001Shipped the following for the period:

6 bosuns, 18 ABs, 8 AB Maint., and 107standbys for a total of 139 shipped.

Registration stands and 45 A cards, 27B cards, 12 C cards, and 6 D cards.

Ships checkedPresident Jackson, Lihue, Mokihana,

Lurline, President Kennedy, Mahimahi,Ewa, APL Singapore, Chevron Washing-ton, Manulani, President Adams, R.J.Pfeiffer, APL Korea, President Polk,President Wilson, APL Thailand.

On August 20, I attended two meet-ings�the Veterans' Memorial meetingand the Los Angeles County Federationof Labor. At the Harbor Labor Coalitionmeeting held August 30, final logisticaldetails were worked out for the upcom-ing Labor Day parade. The parade wason September 3, was a huge success asthere was a good turnout and many unionswere represented. John Sweeney, thePresident of the AFL-CIO gave the key-note address at Banning Park to rally sup-port for the Charleston 5 and stop FastTrack legislation.

The Wilmington Branch extends its con-dolences to all affected by the tragedy thatoccurred on September 11. Gunnar wantsall of us to be on alert for LMSR and RRFactivation. Already several members haveindicated that they will crew these ships todo their part of our country.

On Friday, September 14, I went to aMTD meeting and read a letter from theMaritime Unions to President Bush of-fering continued support.

Recently some of our members' Z cardsexpired, which cost them their jobs.Check your dates, Get your STCW 95.The deadline is approaching. FYI: TheCoast Guard Exam Center has moved offbase to the seventh floor of the FederalBuilding in Long Beach.

Mark Hurley, Branch Agent

September 2001Shipped 3 ABs and 1 OS, filled by 3

Cs and 1 D.Registered 1 A card, 2 C cards and 1

D registrant.Ships checked

Last week I made the Pilliuaa on ar-rival. Met with the whole gang. BosunJoe Moniz Jr. and Larry Gatley, delegate,doing a fine job. Major food beef oneday out of Beaumont, ran out of milk,plus many other contract items, as theycarry Army troops. The company has tomake sure that enough stores and extracooks are aboard when in FOS.

Also paid off the Mendonca without ahitch. Joe Sombo, delegate: good job withthe sheets. Bosun Izzy Idris brought inthe ship in "bristol fashion". Rick Wadlownow delegate running the gang until newbosun Mark Hargus arrives. Happy gang,the ship is in MOD. ROS at CSX dockNewport News.

I made all ships in the area: USNS Yano,USNS Gilliland, USNS Gordon, all withtop bosuns and good gangs.

Talked with bosun Earl Flynn Brown onthe USNS Fisher and all is well. Hisballpark figure for FOS for Sea Trials isthe last week in September. The ship is inBaltimore. Heard from Chevron Arizonadelegate in Fort Lauderdale, all is well. Itold him I would make the ship the lastweek in September or first week in Octo-ber, I want to make sure all OperationBright Star ships get underway okay.

A reminder to newcomers: When leav-ing the ship, whether your time is up oran emergency, please leave your roomclean and with a fresh set of linens, as alot of time your relief might arrive in themiddle of the night.

Jack Stasko, SUP Rep

September 17, 2001During the month of August, shipped the

following: 1 bosun, 7 ABs, 1 AB return,and 1 OS, filled by 6 A members and 4 Bmembers. Also shipped 21 standby jobs,filled by 2 A members, 11 B members, 6C members and 2 registrants.

During the month of August registered4 A members, 7 B members, 1 C mem-ber and 4 D registrants. To this date, 6 Amembers, 9 B members, 9 C membersand 10 D registrants, are registered, fora total of 32.

Ships checkedMaui, Lurline, Chief Gadao, Matsonia,

Lihue, Kauai, Manulani and Ewa. Allwith few or no problems. Paint and rig-ging gang running smoothly with GeorgeLua as bosun.

September Hawaii Port Council meet-ing was cancelled, due to the tragic EastCoast terrorism incidents.

Matson terminal chassis operations arestarting to click and the ships are depart-

DeckBosun ..................................... 3Carpenter ................................ 0MM........................................ 0AB ....................................... 35OS ........................................ 2Standby .................................. 37Total Deck Jobs Shipped ............ 77Total Deck B, C, D Shipped........ 24Engine/StewardQMED .................................... 0Pumpman ................................ 0Oiler....................................... 0Wiper ..................................... 0Steward ................................... 0Cook ...................................... 0Messman ................................ 0Total E&S Jobs Shipped .............. 0Total E&S B, C, D Shipped .......... 0Total Jobs Shipped - All Depts. .... 77Total B, C, D Shipped-All Depts. .. 24Total Registered �A� ................. 80Total Registered �B� ................. 71Total Registered �C� .................. 7Total Registered �D� .................. 9

Dispatcher'sReport

Headquarters—Sept. 2001

WilmingtonNorfolk Office

Honolulu

San Francisco Business Agent

Chief Gadao - Charles Duke, delegate:No beefs.

Kauai - Rich Cahill, delegate: Routine.Mahimahi - Tony Montoya, delegate:

Finally collected the washdown moneyfrom three trips ago. This vessel sched-uled to return to the Yanton shipyard toget more work done. Projected stay isone week, and the gang will remain.

Manoa - Ivar Thorbjornsen, delegate:Nothing but problems on this one. Mostlybased on company mishandling the gangon and off the ship in the Chinese ship-yard. Mark Hurley has requested a portcommittee for these and restricted to shipissues (also in China). Basically its forMatson to take responsibility for theirconduct in seeking out the most oppres-sive shipyard in the Pacific to have theirwork done while our shipyards here inthe United States are forced to subsist onNavy contracts. Ship�s officers who stayedaboard reported gross pollution and mis-erable working conditions, as well as thefact that the work was poorly performedand at least some of the vessels will haveto return to the yard to get the work doneproperly.

Matsonia - Paul Barbour, delegate:Best ride on the Coast.

Maui - Chuck Maringer, delegate: Nocontractual problems.

Mokihana - Miguel Palacio, delegate:Vessel in the yard in Shanghai. Repatria-tion of crew took place during the middleof September, and there were a lot ofproblems and associated claims for sub-sistence.

Moku Pahu - Dave Frizzi, delegate:Problems with overtime in dispute willbe taken care of when vessel arrives atCrockett later this month.

R.J. Pfeiffer - Duke Maringer, del-egate: No problems.

San Francisco Bar Pilots - PeterJohnsson, delegate: Some adjustments arebeing required because of the need toferry Sea Marshals to the incoming ves-sels, not to mention feeding and housingthem when necessary. New delegate willbe elected as Peter has gone back to sea.

Foss Maritime - Tom Tynan and MikeWorth co-delegates: No news is goodnews from this outfit. It seems they arebusy moving oil. Not one beef all month!

Chevron Colorado - Dave McKeithen,delegate: Various issues taken up with thecompany and resolved to the gang�s sat-isfaction. Vessel running to Canada for afew trips. Gang looking forward to thechange.

Chevron Mississippi - Thor Erikson,delegate: Vessel's 1000th voyage was cel-ebrated at the Rod and Gun Club.

Chevron Washington - Dave Mercer,delegate: The gang on here is standingincreased security watches. The companyis studying the various ramifications, suchas safe cargo operations, and sleep re-quirements. Good gang and smooth op-eration with Kim Hoogendam, bosun.

Chevron Dock - Rick Wilson incharge: When Chevron sailors work onthe dock, it�s at the overtime rate. This isa benefit to Rick as he gets experiencedand savvy people, and the sailors get thewages. John Svane and Robert Reed bothrecently did a stint at the Long Wharf.

October 9, 2001

Ready Reserve Fleet-Alameda -Danny Foster, delegate: Shipped ten extrawatchstanders to these ships to increasesecurity, otherwise routine.

ASM Shore Gang - No problems:Norman Kwak, delegate.

President Adams - Bert Genita, del-egate: No beefs. Tom O'Dell showed mehis SIU-PD (pension) letter; claims he�sgoing to retire next year.

President Grant - Dick Stinson, del-egate: Clarification on timely payment ofdues. Your first obligation is for yourunion dues, after that you fund your 401kor your entertainment account or what-ever else.

President Jackson - John Fernandez,delegate: Routine call, minor clarifica-tions. Gang signed on for the Far East.

President Kennedy - Dave Berger,delegate: Ted Ochoa made the bosun�s jobdown in Los Angeles. Clean pay-off gangsigned on after some minor clarifications.

President Truman - Ernest Stimach,delegate: Happy ship.

President Wilson - Diane Ferrari, del-egate: Gus Silva made the bosun�s jobdown south. This must be a pretty goodride because you see the same peoplegoing back all the time.

Bill Henneberry

Seattle

we are located for expansion of the MetroBus yard. Mike Carr and I will attemptto locate to facilities with both bus ser-vice and ground floor access. All sug-gestions are welcome.

Vince O'Halloran, Branch Agent

ing on time, although there are someminor delays due to increased port secu-rity procedures.

Hawaii tourism has taken a nose-diveand the state economy is looking bleakwith many cutbacks and layoffs to union-ized workers.

Mike Duvall, Branch Agent