In this issue...
Constitutional Committee completes report...DRBA mechanics/welders contract ratified...Tallying committee elections...Delaware Pilots approve new contract...TWIC enrollment set to begin...Kindling your interest, we go out on a limb and branch off with a spruced-up Union log. Don't bark up the wrong tree with wooden industry weeklies. We snap them like twigs, prune back the maritime foliage and make a switch as we whittle away another issue. The Telex Times has more news than you can shake a stick at!

RANK AND FILE CONSTITUTIONAL COMMITTEE REPORT COMPLETED
This week the member-elected Constitutional Committee completed its report on proposed amendments to the M.E.B.A. By-Laws. The report is now available in all the Union Halls. In accordance with Article 21 of the M.E.B.A. By-Laws, a Constitutional Committee consisting of rank-and-file members was elected in August 2007. The Committee reviewed a Norfolk, VA membership resolution that was introduced in May of 2007 as well as a Resolution submitted in May by the M.E.B.A. Vice Presidents.

The Committee members who prepared and delivered the report consisted of Gerard Dundon (Chairman); Joel Cordish; Mark Corrales, Kevin Nichols, Frank Peters; Alan Valley; and Dominic Walsh. The M.E.B.A. President commends the Committee members for taking their Constitutional duty seriously. The M.E.B.A. President stated: "Changing the By-Laws should not be taken lightly. It requires a lot of hard work and research - I can tell by the report that this elected committee of members took their responsibilities very seriously over the past eight weeks and delivered a thoughtful and balanced report that makes sense." Please see your local union officials for a copy of the report which will be voted on during the October membership meetings next week.

REFERENDUM TALLY COMMITTEE ELECTIONS AT MEETINGS NEXT WEEK
A rank and file Tallying Committee will be elected at next week's meetings at seven Union halls to tabulate ballots on a referendum that members are considering.

Seven rank and file members will be elected at those meetings one each from Baltimore, Houston, L.A., New York and Seattle and alternates from New Orleans and San Francisco. On October 16th, this Tallying Committee will join the Impartial Administrator in Washington D.C. and count the ballots.

MARINE MECHANICS/WELDERS' CONTRACT RATIFIED AT DRBA
Contract negotiations headed up by the Baltimore Branch Agent (former NY Patrolman) resulted in a favorable first collective bargaining agreement for the Marine Mechanics and Welders at the Delaware River and Bay Authority (DRBA). Bargaining unit members taking part in the ratification process voted 100% in favor of the new contract. The Marine Mechanics and Welders at  the DRBA were organized last year by the current Secretary-Treasurer as well as the former NY Representative Jim LaRiviere. M.E.B.A.'s President commented, "I appreciate the hard work put into this first contract by the rank-and-file and [our Baltimore Branch Agent], [Secretary-Treasurer] and Jim LaRiviere - they know how to get things done the right way." Helping out with the contract negotiations were rank-and-file members Don Miller and Roy McCulloch.

COURT OF APPEALS RULES ON M.E.B.A. VENUE MOTION
A three-member panel of the 6th Circuit Court of Appeals issued an opinion on September 28th regarding an M.E.B.A. motion for the determination of venue for the AMO lawsuit against M.E.B.A., the Benefit Plans, and a number of Union officials. The opinion can be viewed in its full context and entirety on the "Hot Site" section of the M.E.B.A. website located at www.meba.us/hotnews.html.

Contrary to what has been reported and implied by the AMO, the Court of Appeals panel made no substantive decision on the merits of the case. The issue decided was strictly over where the case should be tried. M.E.B.A. is in the process of determining whether or not to ask the full 6th Circuit Court of Appeals to review this decision.

The M.E.B.A. takes all litigation seriously. As a result, M.E.B.A. does not generally issue press releases or make statements in our official publications such as the Telex Times and Marine Officer regarding the procedural posture of any cases we are currently involved in. This is to ensure that none of the statements made can be used to negatively impact the case.

The Telex Times and Marine Officer are widely read outside of the Union, so providing sensitive or confidential updates on the status of ongoing litigation in those publications would be inappropriate. When there has been information that is of importance to the membership, that material is made available at the monthly Union meetings. There have been multiple updates made on the status of the AMO litigation and there will be one included in this month's membership meeting. Members are encouraged to attend their monthly membership meeting if they are interested in learning more about the status of the case.

The statement made today in the Telex Times is strictly a rebuttal of the misleading article authored by the AMO. M.E.B.A. condemns the politicizing of this ongoing litigation and calls upon the AMO to report responsibly and in an unbiased fashion if they wish to provide information on the status of this or any other case to their membership.

DELAWARE PILOTS ASSOCIATION MEMBERS UNANIMOUSLY RATIFY NEW FIVE YEAR PACT
M.E.B.A. members at the Delaware Pilots Association unanimously ratified a new five-year collective bargaining agreement. The negotiations were spearheaded by the current Baltimore Branch Agent with assistance from M.E.B.A.'s Deputy General Counsel. The agreement increases employer responsibility for pensions; gains significant pay raises and enhances medical coverage by the employer. It also boosts compensation for holidays and gains additional pay for long-haul trips offshore. The rank-and-file negotiating team consisted of M.E.B.A. members Scott Hudson, Michael Wyatt, Jeff Williams and Bill Carson. M.E.B.A.'s President stated, "When Union officials know what they are doing and can work with the rank-and-file in a productive manner, these are the types of positive results the Union brings home - Good work all around."

TWIC ENROLLMENT STARTS IN DELAWARE IN MID-OCTOBER
On October 16, transportation workers at the port of Wilmington, Del., will become the first people in the nation to enroll in the new Transportation Worker Identification Credential (TWIC) program. The TWIC was developed to ensure that any individual who has unescorted access to secure areas of port facilities and vessels has received a thorough background check and is not a security threat. The agencies are attempting to enroll all U.S. port workers in the program by Sept. 25, 2008.

Workers at the port of Wilmington will be able to pre-enroll for TWIC starting October 9. A link to the pre-enrollment Web site will be available on the TSA Web site (www.tsa.gov)  Pre-enrolling online speeds up the process by allowing workers to provide biographic information and schedule a time to complete the application process in person. This eliminates waiting at enrollment centers and reduces the time it takes to enroll each individual.

Eleven more ports will open for TWIC enrollment in November. In early November, Corpus Christi, Texas will be opened. Mid-November: Baton Rouge, LA; Beaumont, Texas; Honolulu, Hawaii; Oakland, CA; and Tacoma, WA; Late November: Chicago/Calumet, Illinois; Houston, Texas; Port Arthur, Texas;  Providence, R.I. and Savannah, GA.

A revised TWIC rule, that we reported on last week, made a few minor changes to the program. One that will impact every applicant is a reduction of the fee for obtaining a standard TWIC by nearly $5, which will now cost $132.50. The credential is valid for five years and the fee is below the federal government's original estimate for the credential. The fee includes the cost of the threat assessment, program management, card production and issuance. Workers with current, comparable background checks, including a hazardous materials endorsement on a commercial driver's license, Merchant Mariner's Document or Free and Secure Trade (FAST) credential, will pay a discounted fee of $105.25.

More information on the TWIC program is available on TSA's Web site at www.tsa.gov and additional information on port security is available at the Coast Guard's Homeport site: http://homeport.uscg.mil and by clicking on the Maritime Security link.

HALLS & OFFICES CLOSED FOR COLUMBUS DAY
M.E.B.A. Union halls and offices will be closed on Monday in observance of Columbus Day. Because it is meeting week next week, the membership meetings that usually take place on Monday (Boston & Seattle) will be shifted to Tuesday.

This is the 515th anniversary of Columbus's initial voyage sailing under the Spanish flag. Though he was not the first to find the "New World" (the Vikings are credited with that one) his "discovery" resulted in European awareness of the untapped wonders of the Americas. His celebrated 1492 voyage brought the 41-year old Columbus to the Canary Islands, Bahamas and Cuba among other stops. It wasn't until his third voyage in 1498 that he made it to the American mainland at the mouth of the Orinoco River in Venezuela. His interesting grasp of geography led him to believe that he had landed in the East Indies - and the Native Americans he encountered were since known as "Indians." He never set foot in North America.

It is generally accepted that Cristoforo Colombo was an Italian from Genoa. Columbus's travels are a source of pride to the Italian community which embraces the federal holiday that became official in all 50 states in 1971. Much of the romanticism of the Columbus voyages was perpetuated by author Washington Irving who catalogued the explorations in a series of books which were a mixture of history and fiction. One of the myths that continues to be believed today, due to Irving's work, is that Columbus set out on his voyage to disprove the theory that the world was flat by accomplishing his mission without falling off the edge of the world. Irving's books have certainly helped blur the lines in understanding what is fact or fiction in the life of this complex man.

Modern times have brought new public awareness to some of the more shameful aspects of Columbus's interaction with the New World. He is accused of slave trading, genocide and stealing Indian land. Such accusations do seem to have a degree of truth behind them. Unquestionably, the subsequent Spanish colonization of the Americas was not overly beneficial to the indigenous peoples.

Columbus became more devout in his religion during his later years claiming to be privy to heavenly voices and believing that his explorations were part of a fulfilled divine prophecy that served as another step on the way to the Last Judgment. He died in Spain in May of 1506 at the age 55 of a heart attack supposedly brought on by Reiter's Syndrome. Brought on by bacterial infection, Reiter's causes arthritis throughout the body and urinary tract disturbances. Enjoy your Columbus Day on Monday!

OIL DUMPING CAPTAIN HEADED "UP THE RIVER"
The Justice Department has announced that the master of the 479-foot general cargo ship M/V SPORTSQUEEN has earned jail time after pleading guilty to the illegal dumping of oily sludge, bilge wastes, and oil contaminated ballast water. The India-based owner of the vessel previously admitted guilt in the oil pollution and subsequent cover-up and have already been subjected to monetary penalties and probation. The Chief Engineer of the ship will serve five months in jail. The Captain will be setting course for his new home behind bars for a period of eight months.

The U.S. Coast Guard discovered the ship's shenanigans in April of this year during the vessel's stop in San Juan, Puerto Rico. They confiscated the hoses and pipes used to dump the oil sludge, bilge waste, and contaminated ballast water overboard. The ship's First, Second, and Third Engineers, an Oiler and a Bosun were later awarded $50,000 for their information that alerted authorities about the pollution and helped convict the perpetrators.

MISSOURI RECOGNIZING VIETNAM WAR MARINERS
The State of Missouri has authorized a Vietnam War Medallion that is being pinned on residents of that state who were on active military duty during the period of February 28, 1961 to May 7, 1975. That military service includes missions made by merchant mariners in support of our efforts in the region during that time period. To qualify for the award, in addition to the service, the person must have been a legal resident of Missouri on August 28, 2006 or at the time they entered or were discharged from military service.

The State first established a Veterans Award Program in 2000 with the creation of the World War II Veterans' Award Recognition. It expanded in 2003 when the Korean War Medallion was added. The Vietnam Medallion was approved in 2006. The award consists of a medal, medallion and certificate.

You can apply by going online to http://www.moguard.com/ww2awards/Vietnam.pdf.  That will get you Missouri's Vietnam War Medallion Program Application Form in .pdf format.

NATIONAL MARITIME CENTER RELOCATES
The Coast Guard's National Maritime Center (NMC) has completed its relocation from its office in Arlington, Virginia to a temporary office in Kearneysville, West Virginia. Plans call for a December move to a permanent location in Martinsburg, West Virginia. Contact details for the temporary office follow: USCG National Maritime Center, 130 East Burr Boulevard, Kearneysville, WV 25430; Tel: (304) 728-9100; Fax: (304) 728-7373.

MARAD POLICY PAPERS
The Maritime Administration is issuing a series of policy papers, concise statements about its activities, responsibilities and initiatives. They are being made available to the public on MarAd's website as they are produced. The first two, on Shipbuilding and Repair, and Cabotage Laws, are available now at www.marad.dot.gov.  Others are being finalized and should appear soon. They include papers on Ship Disposal, International Activities, the Maritime Security Program, Federal Ship Financing, and Mariner Training.

NEXT REGULAR MONTHLY MEETINGS
Tuesday, October 9 - Baltimore, Boston, Houston, Jacksonville, San Francisco, Seattle;
Wednesday, October 10 - Calhoon School, Charleston, New Orleans, Portland;
Thursday, October 11 - L.A., New York, Norfolk, Tampa;
Friday, October 12 - Honolulu.