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

MEBA TELEX TIMES       JUNE 19, 2009

The Official Union Newsletter

NUMBER 25

In this issue...
Discovery Channel focus on MAERSK ALABAMA...Sign up for direct deposit!...GAO report on ALJ hearings...The latest cross country edition goes the distance as we jog your maritime memory with a pacesetting marathon of an issue. Don't jump the gun and get off on the wrong foot with also-ran newsletters that aren't too swift. We dash their hopes and go the extra mile as we put you on a fast track to the news you need. The Telex Times hits the ground running!

DISCOVERY CHANNEL TELLS THE REAL STORY OF THE MAERSK ALABAMA
The Discovery Channel will be broadcasting a one-hour special this Sunday (June 21) at 10 p.m. (ET/PT) on the MAERSK ALABAMA entitled "Somali Pirate Takedown: The Real Story." The show was filmed with the cooperation of the M.E.B.A. and includes interviews with several M.E.B.A. members who served aboard the ship including Chief Engineer Mike Perry, 2nd A/E Dick Mathews and 3rd A/E John Cronan. In addition, several of the interviews were filmed at the Calhoon M.E.B.A. Engineering School and in Norfolk, VA aboard the Keystone vessel CAPE RISE, which is crewed with M.E.B.A. deck and engine officers. Extras donned M.E.B.A. boiler suits for the filming.

The show will not only detail the incredible culmination of the ordeal with the Navy SEAL snipers but it will also discuss the little known account of how the crew was able to mute the pirate attack and repel the armed intruders from the vessel. Interviews were also conducted with MM&P and SIU crewmembers making this the best television retelling of the saga. Make sure you tell everyone you know to watch the show! Reportedly, an extended version premieres on Military Channel on Tuesday, June 23 at 9 PM (ET).

John Ford, president and general manager of Discovery Channel stated, "The world stopped and watched as the harrowing story of the MAERSK ALABAMA unfolded. This special provides a riveting moment-by-moment account of the ship's story - from the time the pirates boarded the cargo vessel to the safe return of Captain Phillips - in an emotional series of first-person interviews with the crew and new footage of the pirates. For the first time, viewers will hear the complete story of what really happened aboard the cargo ship. To be able to showcase the crew's heroism as well as the U.S. Navy's ongoing efforts to keep the waterways safe is an honor and a privilege for Discovery Channel and Military Channel."

In partnership with Discovery, The Learning Channel (TLC) - will be broadcasting another special concerning the ALABAMA ordeal. This show will include additional interviews with the M.E.B.A. engineers on the vessel as well as one conducted with M.E.B.A. ALABAMA Second Mate Ken Quinn. That show will be broadcast sometime in the near future. We'll let you know.

However, the most definitive retelling of the story would be the massive 13-page article that appears in the latest Marine Officer. The issue will be mailing out to homes next week. The magazine's cover story has been posted for your convenience on the M.E.B.A. website and can be e-mailed as an attachment upon request.

TRUSTEES DELAY MUTUAL FUND CHANGES
At their June 18, 2009 meeting, the Trustees of the M.E.B.A. 401(k) Plan decided to delay the upcoming changes in Plan's mutual fund lineup with Fidelity. The changes that were to occur on July 1, 2009 have been delayed until September 1, 2009. The Trustees also took action that they expect will allow Participants who so choose to continue to invest in the investment options they currently utilize. More detailed information regarding this will be sent shortly to all Plan Participants.

The New Investment Options available as of April 1, 2009 remain in place.

SIGN UP FOR VACATION PLAN DIRECT DEPOSIT!
On your way to a ship? Filing for Vacation? Don't worry about running to the bank to deposit your check; let the Vacation Plan do it for you! M.E.B.A. Vacation Plan Participants have the option of receiving Vacation and Port Relief Benefits as a paper check or as a direct deposit into their designated bank account. Once you complete a bank authorization form, either option may be chosen each time you file for benefits.

Some Highlights of the Program
- Authorization forms must be completed by the Participant and the Participant's bank.
- The banking system requires all new direct deposits and changes to be verified. This verification, called a pre-note process, may take up to 30 days after receipt of your Authorization.
- Forms and "Guidelines and Instructions" are available from the Plan Office, Plan Outport Offices and at the Plan's website - www.mebaplans.org (Forms, Vacation).
- Participants are encouraged to complete the Authorization form to get your bank information on file so the direct deposit option will be available to you when you are ready to use it.
- You will file for Vacation and Port Relief Benefits the same way you always do.
- You must choose each time you file whether you want your entire benefit paid by check or by direct deposit. You cannot split a claim to receive part in check form and part as a direct deposit. Be sure to check the appropriate box on the Vacation Application.

For more details about the program and to access the "Guidelines and Instructions" on how to participate, or the Authorization form, go to the Plan's website at www.mebaplans.org. All Outport Plan Offices and the Plan Office in Baltimore will also have this information. Questions can be directed to the Vacation Plan staff in Baltimore at (800) 811-6322 or at vacation@mebaplans.org.

IMO REVISED PIRACY GUIDELINES REJECT ARMING CREWS
The International Maritime Organization's Maritime Safety Committee has agreed to revised guidance relating to the continued attacks on ships off the coast of Somalia and in the Gulf of Aden. However, they are strongly discouraging the arming of merchant ships to combat piracy.

The Safety Committee agreed to updated recommendations for preventing and suppressing piracy and armed robbery against ships; as well as guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships. The includes a new annex aimed at seafarers, fishermen and other mariners who may be kidnapped or held hostage for ransom, based on the current United Nations guidance on "surviving as a hostage.

A circular on piracy and armed robbery against ships in waters off the coast of Somalia was agreed to, and will include Best Management Practices to Deter Piracy in the Gulf of Aden and off the Coast of Somalia, which have been developed by industry organizations, and additional guidance to vessels engaged in fishing, identified as being particularly vulnerable to attack. They agreed that flag states should strongly discourage the carrying and use of firearms by seafarers for personal protection or for the protection of a ship. Seafarers, it was agreed, are civilians and the use of firearms requires special training and aptitudes and the risk of accidents with firearms carried on board ship is great. Carriage of arms on board ship, they say, may encourage attackers to carry firearms or even more dangerous weapons, thereby escalating an already dangerous situation. Any firearm on board may itself become an attractive target for an attacker. Carriage of firearms may pose an even greater danger if the ship is carrying flammable cargo or similar types of dangerous goods.

It was agreed that the use of unarmed security personnel is a matter for individual shipowners, companies, and ship operators to decide. The carriage of armed security personnel, or the use of military or law-enforcement officers (duly authorized by the Government of the flag State to carry firearms for the security of the ship) should be subject to flag State legislation and policies and is a matter for the flag State to authorize, in consultation with ship owners, companies and ship operators.

Among other items, the packed agenda also covered the adoption of amendments to the International Convention for the Safety of Life at Sea (SOLAS), including a new regulation to make the carriage of electronic charts mandatory, and the approval of goal-based standards for new oil tankers and bulk carriers, for future adoption.

COMBINED MARITIME FORCES ISSUE PIRACY UPDATE
Following observed changes in the pattern of attacks by Somali pirates, the Combined Maritime Forces (CMF) issued an updated Special Maritime Advisory message. The advisory provides several new recommendations in light of recent changes in tactics used by pirates operating in the region and reiterates fundamental lessons learned as a result of the CMF's counter-piracy efforts.

Vessels are urged to use the weather to their advantage, planning new routing off the east coast of Somalia due to the start of the southwest monsoon season. The message further details the pirates' extended range of operations off the Eastern Somali coast, stretching all the way to and beyond The Seychelles, with the use of "mother ships." Another tactic highlighted in the advisory is the potential move into the southern Red Sea. Finally, pirates have also recently increased their number of attacks during the hours of darkness, highlighting the need for heightened vigilance of merchant mariners during both day and night time transits through the high risk areas. The majority of attacks during 2008 and early 2009 took place during the day time in the Gulf of Aden. However, recently pirates have attacked vessels at night and have conducted attacks far off the eastern coast of Somalia. However, a combination of adverse weather conditions in the Somali Basin, coupled with increased presence by international navies has led to the aforementioned observed changes in the pirates' tactics.

GAO REPORT SAYS COAST GUARD PLAYS FAIR IN ALJ HEARINGS
A Government Accountability Office (GAO) review of the Coast Guard's Administrative Law Judge program finds that mariner rights are not being violated at ALJ hearings. In 2007, allegations were made that the Coast Guard's ALJ system was weighted against U.S. merchant mariners in favor of Coast Guard in cases heard before administrative law judges. In a June 24, 2007 article, Baltimore Sun reporter Robert Little interviewed numerous sources alleging that the Coast Guard administrative court system "isn't merely tough on mariners but is stacked against them." The article detailed potential ethical breaches and possible violations of federal laws. The GAO review was initiated a year ago at the request of Congress. Since then, the Coast Guard implemented a number of ALJ program improvements. The GAO conducted a review of 1,675 suspension and revocation cases opened and closed by the Coast Guard from Nov. 10, 2005, through Sept. 30, 2008. They found:

- Sixty two percent of suspension and revocation cases are disposed through settlement agreements between the Coast Guard and mariners.
- Roughly three percent, or just 45 cases, were disposed through a hearing before an Administrative Law Judge. 
- Of those cases heard by an Administrative Law Judge, 51 percent resulted in a sanction less severe than revocation, with 13 percent resulting in no sanction at all. - Of the 1,035 cases disposed by settlement agreement, 68 percent involved stayed revocation, an agreement that allows mariner's to regain their credentials but also allows for permanent revocation if mariners fail to meet agreed-to conditions.

The GAO also conducted an independent and objective review of the elements in the Coast Guard's Administrative Law Judge Program. The GAO found that the Coast Guard's Administrative Law Judge Program provides the service's judges protection from agency coercion or influence, that all persons related to a case are adequately informed in a fair manner, that regulations governing complaints filed against mariners were being followed and that the program's appeal process is designed to protect the interests of mariners.

Rear Adm. Charles D. Michel, director of the Coast Guard's Directorate of Governmental and Public Affairs said, "The GAO report specifically noted that the Coast Guard has implemented protections for mariners through regulations the agency has enacted that govern administrative proceedings, and that the appeal process is also designed to protect mariners' interests. While the GAO report does not address allegations made by retired Judge Jeff Massey, a Department of Homeland Security Office of the Inspector General review requested by the Coast Guard that will directly address Judge Massey's allegations, is ongoing and expected to be completed later this summer. We look forward to sharing the results of that review."

COAST GUARD ESTABLISHES MARINER MEDICAL ADVISORY COMMITTEE
The U.S. Coast Guard has announced the establishment of the Merchant Mariner Medical Advisory Committee, which will be involved with matters relating to the medical evaluation process and evaluation criteria for medical certification of merchant mariners. The creation of the Committee was prompted by an outcry over incessant delays involved with the current system.

The Merchant Mariner Medical Advisory Committee will be comprised of 10 health care professionals with certain expertise, knowledge or experience in occupational medicine or the medical examination of merchant mariners. Four more committee members will be professional mariners who possess knowledge and experience in the occupational requirements for mariners. The committee will advise the Coast Guard Commandant on the evaluation processes and evaluation criteria for medical certification of merchant mariners, including physical qualification requirements. It will provide a forum for development, communication and consideration of expert-based and scientific recommendations, will be responsive to specific assignments and may conduct studies, inquiries, workshops and seminars in consultation with individuals and groups in the private sector as well as state and local government.

People interested in serving on the committee should contact Lt. J. Court Smith at (202) 372-1128 or via e-mail at james.c.smith1@uscg.mil.

REGISTER NOW FOR THE CAA MYRTLE BEACH GOLF OUTING
Do yourself a favor right now and register for the fabulous Calhoon Alumni Association golf outing set for Myrtle Beach this summer. You deserve it! This CAA three-day golf event is scheduled for July 10-12 at Litchfield Resort in Myrtle Beach, SC. It includes three rounds of golf on three championship courses, a three-night stay and a fantastic breakfast buffet each day. CAA President Mike Fanning has secured an amazing price for those who seize this deal. It will range from $310 to $350 per golfer depending on the turnout! All active and retired M.E.B.A. members and their guests are welcome. You don't need to be a Calhoon School graduate to attend. Sign up today! Further details can be found on the School's website (www.mebaschool.org).  Click on "What's New" to learn more. Also, e-mail Mike Fanning with any questions at caa2010@mebaschool.org

REGULAR MONTHLY MEETINGS
Monday, July 6 - Boston, Jacksonville;
Tuesday, July 7 - Baltimore/Calhoon School (at CMES), Houston, San Francisco (Oakland); Seattle;
Wednesday, July 8 - Charleston, New Orleans;
Thursday, July 9- L.A. (Wilmington), New York (New Jersey), Norfolk, Tampa;
Friday, July 10 - Honolulu.

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