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

MEBA TELEX TIMES           JULY 25, 2008

The Official Union Newsletter

NUMBER 30

In this issue...
Corpus Christi Rep. has died...New contract with Foss...West Coast halls closed on Monday...ILWU nearing contract...We spring to life and vault head over heels into an issue of high-flying maritime acrobatics that'll have you doing cartwheels. Don't take a turn for the worse with flopping, leotard-wearing competitors who leave you twisting in the wind! We get on a roll, jump through hoops and bend over backwards to bring you the news that's leaps and bounds above the rest. Come for a spin and take a tumble with the Telex Times. It'll make you flip!

M.E.B.A. CORPUS CHRISTI REP. SAILS INTO THE SUNSET
M.E.B.A.'s Corpus Christi Representative Boby Lewis passed away last Friday at the age of 77. His family has chosen not to have services but have set up a memorial website. Even in his later years he was extremely active. He loved life and was never content to do anything halfway. He played softball twice a week right up to the end.

Boby enlisted in the Army Air Corps in 1947 and served as a fighter pilot in the Korean War. Lt Col. Boby Lewis served with the 336th FIS/4th FIW out of Kimpo Air base where he earned the title of "ace" with a record of 7 planes shot down. He was highly decorated including the Silver Star, the Distinguished Flying Cross, a Purple Heart, and Bronze Star. In 1988 he joined the Confederate Air Force. He volunteered for many years and eventually even began flying again in their air shows in Houston and Midland. He ultimately gained the rank of Brigadier General.

Boby was also a union man and on July 13, 1980 he was appointed Conductor of Lodge #12, International Association of Machinists and Aerospace Workers. He served as head of the union until the de-unionization of the company. When M.E.B.A. Corpus Christi Representative Al Castro retired, he recommended Boby to the Union as the next Rep.

Any members who shipped out of Corpus Christi are encouraged to write a short tribute to Boby at his family's living memorial at http://boby-lewis.memory-of.com.

NEW THREE-YEAR DEAL WITH FOSS
M.E.B.A.'s Los Angeles Branch Agent Mike Nizetich headed up a team of negotiators that has secured a new three-year contract with Foss Maritime - Southern California Division after a month of hard bargaining. The new agreement was unanimously ratified on July 23 and 24 by members serving in the bargaining unit. Among other things, the deal will boost wages plus overtime, provides COLA and pension increases, and makes improvements on holidays, vacation and sick days. The negotiating team also upped the number of permanent assignments from 20 to 25. In addition, any increases in medical costs will be covered by the company with no cap.

Nizetich thanked M.E.B.A. rank and file negotiators who helped reel in the deal. They were Merle Norquist, Andy Kuljis, Dan Corey, Marty Kuhns, Troy Jones and Mike Howerton. Brother Nizetich noted that, "these were very difficult negotiations and without joint bargaining with the Inland Boatman's Union some of these gains might not have been achieved." He extended special thanks to IBU President Alan Cote, the union's regional director Pete Korody and IBU rank and file committee members Ben Colangeli and John Carlin. He also expressed appreciation to the Foss negotiators as well as the M.E.B.A.'s District Executive Committee. President Don Keefe acknowledged the dogged perseverance of the M.E.B.A. team that led to a new contract, "Mike and our rank and file negotiators did an outstanding job in overcoming the numerous hurdles that stood in their way. This was a stressful and difficult process but the extra time and effort they put into getting this deal done has provided a great service to our members working under this contract."

WEST COAST PORTS CLOSED ON MONDAY TO HONOR HARRY BRIDGES
M.E.B.A. Union halls on the West Coast will be shuttered on Monday to honor labor giant Harry Bridges on the 107th anniversary of his birth. Bridges' involvement in the crisis on the San Francisco waterfront during the events of Bloody Thursday in 1934 led to vastly improved labor conditions. He helped establish the International Longshoremen's and Warehousemen's Union (ILWU) in 1937. Harry led the union for over 40 years. He died in 1990.

ILWU NEARING CONTRACT AS PMA ALLEGES SLOWDOWNS
The International Longshore and Warehouse Union (ILWU) has stated that a new labor agreement with the Pacific Maritime Association (PMA) is "within sight." The new contract will cover wages, benefits and conditions of employment for more than 26,000 ILWU members and casuals working at 29 West Coast ports. The old contract expired on July 1, 2008.

Meanwhile, the PMA alleges that port workers have been taking "coordinated coffee breaks" that are slowing down work at a handful of West Coast ports resulting in lower productivity and congestion.

Union spokesperson Craig Merrilees said that, "Things are going relatively well compared with the debacle six years ago," when the PMA locked out port workers causing major shipping disruptions. "Ports are open, cargo is moving, dockworkers are on the job, companies are making tons of money, and all (the PMA) can do is complain about coffee breaks," he said. Merrilees pointed out though that a new contract could be hammered out soon. "If progress continues to be made at the same pace, it shouldn't last too much longer." he said. At press time, it was not clear how far apart the sides were on their remaining issues.

ANOTHER SHIP LEAVES JAMES RIVER FLEET
The NITRO was towed from the James River Reserve Fleet on Wednesday bound for Brownsville, TX where it will be recycled at the Esco Marine facility. NITRO was built at the Bethlehem Steel Sparrows Point Shipyard in Maryland in 1957. It was decommissioned after 36 years of service, and put into the James River Reserve Fleet at Fort Eustis, Virginia, in 2000.

COAST GUARD RESPONDS TO SPILL IN MISSISSIPPI RIVER
An oil spill on the Mississippi River closed down a 100-mile stretch to commercial shipping this week from Harvey Canal, Gretna, LA to the Gulf of Mexico following an oil spill. An American Commercial Lines barge being pushed by a tug collided with the chemical tank ship TINTOMARA at 1:30 a.m. Wednesday releasing 420,000 gallons of #6 fuel oil.

The Coast Guard reported that nearly 90,000 feet of containment boom was deployed by the Oil Spill Response Organization. Contracted oil spill response organizations used vacuum trucks and oil skimmers. No injuries were reported. The initial investigation revealed that the tug boat, the Mel Oliver, reported there were no properly licensed individuals on the vessel during the time the incident occurred. A formal investigation into the incident has been launched.

HEARD AT THE HEAD - M.E.B.A. ITEMS OF INTEREST
M.E.B.A. was well represented at a Propeller Club of D.C. luncheon this week headlined by Congressman Gene Taylor (D-Miss.). Rep. Taylor has been a strong supporter of the industry since coming to Congress in 1989. He recently was selected as the 2008 recipient of the prestigious Salute to Congress award. He is Chairman of the Seapower and Expeditionary Forces Subcommittee (Armed Services Committee) and serves on the Subcommittee on Coast Guard and Maritime Transportation (Transportation and Infrastructure Committee). Among other topics, during his remarks he launched into a passionate defense of the Jones Act and a military-ready merchant fleet, a strong U.S. shipbuilding presence and the need to expand our Naval fleet..The "Tall Ships" are in San Francisco Bay this week for the "Festival of Sail" which is an international nautical celebration. The World War II Liberty Ship JEREMIAH O'BRIEN is part of the festivities even though it has no sails. There will be parties, tours, excursion rides, mock sea battles, and lots of activities and souvenirs on the shore. The Houston Union hall has alerted us that retired member Charlie Gough sailed into the sunset in late June at the age of 89. Charlie's seafaring career began on the Great Lakes in 1937 which he continued until the outbreak of World War II. He proudly served in the Army, Coast Guard and as part of the Merchant Marine during World War II, Korea, and Vietnam. During World War II he participated in four different invasions including Normandy and Okinawa. He later sailed for Lykes Lines before retiring in 1980. Charlie was involved in many organizations including the International Treasure Hunting Society, American Legion Post 560, and was a constant presence at the Houston hall in retirement. His ashes were scattered in the Gulf from the M/V WASHINGTON EXPRESS.

COSCO BUSAN OPERATOR INDICTED FOR POLLUTION & COVER-UP
A federal grand jury in San Francisco returned a second superseding indictment charging Fleet Management Limited with negligently causing the discharge of 50,000 gallons of oil from the COSCO BUSAN and falsifying documents after the crash to cover-up the company's negligence.

Fleet Management, a Hong Kong ship management company that operates the COSCO BUSAN, was charged with six felony counts for making false statements and obstruction of justice. According to the indictment, the company, acting through senior ship officers and shore-based supervisory officials, concealed and covered-up documents with an intent to impede, obstruct and influence the investigation of the spill. The falsified documents include a fictitious passage plan for Nov. 7, 2007, the day of the crash, as well as two prior voyages made after Fleet assumed management of the vessel in October 2007. Fleet's safety procedures, required by U.S. law, mandated berth-to-berth passage plans for each voyage. However, according to the indictment, Fleet created falsified plans after the crash and concealed and covered up the real ship records.

The grand jury's indictment also charges Fleet Management with misdemeanor crimes for violating the Clean Water Act (CWA), as amended by the Oil Spill Act of 1990-and the Migratory Bird Treaty Act by causing the death of protected species of migratory birds. As a result of the discharge of heavy fuel oil from the BUSAN, approximately 2,000 birds died, including brown pelicans, marbled murrelets and western grebes.

Fleet Management is charged as a co-defendant with Captain John Cota, a California ship pilot responsible for assisting the ship to safely transit the internal waters, with the environmental crimes. The indictment charges that on Nov. 7, 2007, Cota and Fleet were both responsible for negligently causing the discharge of approximately 50,000 gallons of heavy fuel oil from the COSCO BUSAN because they failed to stay on a collision free course, failed to prepare and review an adequate passage plan before departure, departed in heavy fog, proceeded at an unsafe speed despite limited visibility, failed to use the vessel's radar on the final approach, failed to operate properly the vessel's electronic chart system, as well as other navigational errors. Fleet Management is also charged with negligence for failing to adequately train the new crew that it had placed on the ship and failing to post an adequate lookout. According to the indictment, these failures led to the COSCO BUSAN striking the bridge and discharging oil into San Francisco Bay.

CHANTIX MEDICAL ADVISORY FOR MERCHANT MARINERS
The Coast Guard is letting mariners know that a recent report has uncovered certain side effects and concerns associated with the use of Chantix (varenicline). Chantix is a medication used to help patients quit smoking. To date, over four million prescriptions have been written in the United States. The Institute for Safe Medication Practices report says that, "There are immediate safety concerns about the use of Chantix among persons operating aircraft, trains, buses, and other vehicles, or in other settings where a lapse in alertness or motor control could lead to massive, serious injury.Based on reports of sudden loss of consciousness, seizures, muscle spasms, vision disturbances, hallucinations, paranoia and psychosis, Chantix may not be safe to use in these settings." Although not specifically mentioned in the report, the maritime domain is one setting where lapses in alertness or motor control can have catastrophic results. The Coast Guard notes that the safety of the maritime community and the public, and the protection of the environment are paramount. Ensuring that medications prescribed do not put mariners and others at increased risk of injury or death is essential.

The Coast Guard reminds all maritime industry personnel that mariners should not perform a safety-sensitive function on any vessel while under the influence of any substance that may negatively impact their performance. To that end, mariners are strongly warned that some prescription medications, over-the-counter medications, vitamins and dietary supplements, alone or in combination with other substances, may adversely affect an individual's ability to perform critical functions and place the individual at risk of sudden incapacitation.

Mariners should seek the advice of their healthcare provider before taking any medications, vitamins or dietary supplements. If you are currently taking or have recently discontinued the use of Chantix, we strongly recommend that you consult with your healthcare provider to discuss potential side effects and your job performance requirements. You and your healthcare provider should be alert to and monitor for all physical and psychological changes that may affect your performance, both while taking this medication as well as during the withdrawal period. If you are experiencing any of the psychiatric, cardiologic, musculoskeletal or visual side effects associated with Chantix, you should immediately cease performance of all duties related to your mariner credentials and contact your healthcare provider.

REGULAR MONTHLY MEETINGS
Monday, August 4 - Boston, Jacksonville, Seattle;
Tuesday, August 5 - Baltimore, Houston, San Francisco;
Wednesday, August 6 - Calhoon School, Charleston, New Orleans, Portland;
Thursday, August 7 - L.A., New York, Norfolk, Tampa;
Friday, August 8 - Honolulu.

--------FINISHED WITH ENGINES---------