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House of Representatives Passes National Defense Authorization

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Organized 1885 Official Organ of the Sailors’ Union of the Pacific Volume LXXXII No. 7 SAN FRANCISCO, CALIFORNIA Friday, July 19, 2019 85th commemoration of the House of Representatives passes Big Strike on Bloody Thursday National Defense Authorization Act he full House of Rep- must meet in conference. No constitutional duty. Unfortu- resentatives passed its action in the Senate is expected nately, partisan provisions in this version of the Fiscal until Congress returns from its bill have robbed it of bipartisan YearT 2020 National Defense Au- summer recess after Labor Day. support. Through this bill, House thorization Act(NDAA) on an Despite a polarized Congress, Democrats are forcing our troops unprecedented strictly party-line the party-line vote was somewhat to pay the price for their political vote. The policy bill, which pro- surprising. “For the previous 58 disputes with the president,” vides lawmakers a means for de- years, the NDAA process exem- Congressman Mac Thornberry tailing their defense-related prior- plified the bipartisan tradition (R-Texas), the HASC ranking ities, gives funding and regulatory and collaboration envisioned member, said in a statement. guidance to the Pentagon. It also by the Founding Fathers. This The next step is for members of contains the reauthorization of year however, has been differ- the House and Senate to meet in the Maritime Security Program. ent,” Congressman Adam Smith a conference committee to iron The bill passed July 12 on an 220- (D-Washington), the chairman out differences between the two 197 vote, with no Republicans of the House Armed Services versions of the Fiscal Year 2020 supporting the measure. Committee, said in a statement. NDAA. “As we now move to con- The legislation includes a “While the bill reflects the values ference with our colleagues in number of provisions relating to of our new Democratic majority, the Senate, I am hopeful that our the Maritime Security Program the ultimate focus is – and will work can return to the bipartisan (MSP). Specifically, it would always be – securing a strong na- tradition that distinguishes the extend MSP for an additional ten tional defense and supporting the Armed Services Committees,” years, through Fiscal Year 2035. Sailors and longshoremen gathered at the ILWU Local 10 hall on July men and women who defend our Smith said in his statement. “I 5, 2019, organizational descendants of strikers 85 years after deadly It authorizes $5.2 million per nation. House Democrats did not look forward to working with my violence and massive direct action during the Big Strike of 1934 changed ship in Fiscal Years 2022-25, lose sight of that fact throughout colleagues as we continue to re- the course of history. Back left is SUP Vice President Matt Henning, eliminating the reduction in this process,” he added. fine this legislation so that it not unidentified Longshore Brother, AFSS instructor Dave Larsen, Robert funding to $3.7 million per ship House Republicans were con- only honors our oath to protect Leeper, Paul Fuentes and Dave Frizzi. that is authorized for each of cerned with the level of funding and defend, but it also – and most these four years under current authorized by the Fical Year importantly – continues to takes ithin the memory of that the world had never seen law. The legislation also autho- 2020 NDAA. The House version care of the single most valuable the humiliating na- before. It would become known rizes additional funding for the approved $733 billion in defense asset in our national defense tionwide maritime as the Big Strike of 1934 and it new 10-year period. W spending for Fiscal Year 2020. strategy: our service members.” strike of 1921, in which shipown- reached its apex and crescendo on In addition, it creates a new The Senate version, which al- ers imposed the open shop, set July 5, Bloody Thursday. Todd Harrison, Director of tanker security program mod- ready passed, authorizes $750 against the degrading backdrop Defense Budget Analysis at the After a quiet holiday on July eled after MSP. The new pro- billion. Specifically, Republicans of the Great Depression, and in Center for Strategic and Interna- 4, 1934 the employers of the gram would be comprised of are concerned with what they the time of the fink book and the tional Studies, says that he does Industrial Association tried to petroleum product tankers nec- consider cuts to personnel ac- fink hall that officially oppressed not think the vote “indicates open the port of San Francisco, essary to meet Department of counts, programs to deter Russia seamen with blacklisting, brib- that Republicans are going to do shut down by a general strike Defense requirements. and China and programs to im- ery, and fear -- there arose an something that would ultimately later known as the Big Strike. The House-passed defense prove readiness. “Normally the organized working-class fury block the passage of the NDAA The goal was to move previously legislation must now be con- NDAA is a product of bipartisan this year—that’s not how I would offloaded cargo from the piers sidered by the Senate and then consensus that allows Congress continued on page 5 committees from both chambers to execute our most important continued on page 3 Supreme Court rules against punitive damages for seafarer injury claims he U.S. Supreme Court maritime law firm Winston & favor. The Supreme Court over- tory law and maritime common ruled against a seafarer Strawn. The shipowner is liable turned those decisions Monday. law to introduce novel remedies who sought punitive for the harm caused by an unsea- “A plaintiff may not recover contradictory to those provided damagesT from his employer after worthy condition on the vessel, by Congress in similar areas.” punitive damages on a claim of a hatch blew open and injured which means that the injured unseaworthiness,” ruled Justice Alito noted that courts have his hand, finding that punitive seafarer does not have to prove Samuel Alito, writing for the previously ruled against punitive damages - that is, extra money that the owner was negligent. majority. “Unseaworthiness in damages for cases involving the awarded to the plaintiff as an The plaintiff, Christopher Bat- its current strict-liability form is Federal Employers’ Liability additional punishment for the terton, was working aboard a this Court’s own invention and Act (FELA) - which contains defendant - are not available vessel owned by the Dutra Group came after passage of the Jones employee rights that were later under an unseaworthiness claim. when a compartment was over- Act, and a claim of unseawor- incorporated into the Jones Act Periodicals’ postage paid at San Francisco, CA (USPS 675-180) postage paid at San Francisco, CA Periodicals’ Under the general maritime pressurized, blowing open a wa- thiness serves as a duplicate and - and for the Jones Act itself. He law of unseaworthiness, a sea- tertight door open and crushing substitute for a Jones Act claim. also pointed out that it would be farer who is injured due an un- his hand against a bulkhead. He It would, therefore, exceed the inconsistent to allow a seafarer to seaworthy condition may state sued, seeking both compensatory Court’s objectives of pursuing sue the ship owner for punitive a claim against the vessel and and punitive damages, and both policies found in congressional damages while prohibiting the its owner for damages due to the trial court and the Ninth Cir- enactments and promoting uni- the injury, according to leading cuit Court of Appeals ruled in his formity between maritime statu- continued on page 3 AnaLYSIS STraITS OF HORMUZ: RISK OF ESCALATION: PAGE 6 Page 2 WEST COAST SAILORS Friday, July , 19 2019 SUP Honor Roll West Africa is becoming the Voluntary contributions from the membership to the following funds: world’s new piracy hotspot Amid growing fears of a military clash between the United States and Iran, the Organization/ Dues-Paying strategic Strait of Hormuz has swiftly become one of the most dangerous regions on the planet for commercial shipping. Following alleged attacks on two tankers by the General Fund Pensioners Islamic Revolutionary Guards Corps, the U.S. and Iran confirmed the shooting down of a sophisticated American surveillance drone. As tensions soared in the Persian Adain Minty .. .. .. .. .. .. .. .. .. 10.00 Donald Cushing Book #4777 Gulf, a report about a growing threat to shipping in another part of the world largely Leo Moore. 100.00 Diane Ferrari Book #2251 flew under the radar. Leo Endries. .. .. .. .. .. .. .. .. .. 50.00 Kaj E. Kristensen Book #3120 OneEarth Future released its ninth annual State of Maritime Piracy report on Mon- Hannu Kurppa Book #3162 day which shows incidents of hijacking, kidnapping, robberies and boarding attempts West Coast Dave Larsen Book 19078 in different maritime regions. While East African shipping routes near Somalia used to be notorious for pirates, the number of incidents has fallen dramatically in recent Gunnar Lundeberg Book #4090 Sailors years, primarily due to a series of effective international naval operations. In 2017, East Leo Endries. .. .. .. .. .. .. .. .. .. 50.00 Duane Nash Book #2437 Africa experienced 54 incidents of piracy or robbery and that fell to just nine last year. Thomas Dougherty . 25.00 John Perez Book #3810 The Malacca Strait also gained a reputation for maritime hijackings and extortion but steady progress is also being made there. There were 199 attacks recorded across Asia Paul Splain.. .. .. .. .. .. .. .. .. .. 25.00 Alex Romo Book #3093 in 2015 falling to 98 by 2018. Roy Tufano.. .. .. .. .. .. .. .. .. .. .10.00 James Savage Book #7488 Meanwhile, West Africa is becoming the world’s new piracy hotspot with 54 in- Carl Schou .. .. .. .. .. .. .. .. .. .. 50.00 David Shands Book #7483 Arthur Thanash Book #3249 cidents occurring in 2015, 95 in 2016, 97 in 2017 and a worrying 112 in 2018.
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