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Judge Tosses AMO Lawsuit to Block LMSR Award

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Judge Tosses AMO Lawsuit to Block LMSR Award Organized 1885 Official Organ of the Sailors' Union of the Pacific Volume LXIII No. 10 SAN FRANCISCO, CALIFORNIA Friday, October 20, 2000 Sailors’ and Firemen to Judge tosses AMO lawsuit open East Coast office he Sailors’ Union of the The Norfolk locale will en- to block LMSR award Pacific and the Marine hance the ability of both Unions TFiremen’s Union (MFOW) to provide service to the crews n October 10, Judge “The impact of this ruling is that to launch a formal complaint.” agreed this month to open an of- in these ships, and to recruit William B. Bryant of we are now out from under the The judge added that “one can fice in Norfolk, Virginia, effec- qualified mariners who want to O the United States Dis- shadow of doubt and uncertainty easily presume that in the event tive November 1, 2000. work in the LMSRs and join the trict Court for the District of Co- that has been hanging over us the Plaintiff’s [AMO] contrac- lumbia decisively rejected a tor [Bay Ship Management] won The decision to open an East SUP and MFOW. since AMO challenged in the challenge by the American Mari- award in 1999.” the bid it would not have filed Coast office was deemed to be The establishment of the Nor- time Officers (AMO) to overturn the complaint.” timely and necessary by both folk office marks the first tan- If the AMO had prevailed in a Military Sealift command AMO filed the lawsuit late last Unions given that SUP and gible return to the East Coast its lawsuit, Patriot would have award to Patriot Contract Ser- year to void Patriot’s award using MFOW-contracted Patriot Con- since the SUP Branch in New been stripped of the LMSR con- vices to manage and operate 10 the argument that the Military tract Services will have six Large York was closed in 1986. tract and its contracted unions Medium Speed Roll-On/Roll- Large Medium Speed Roll-On/ would have faced immediate and Sealift Command and the Depart- For more information, see the Off (LMSR) vessels homeported Roll-Off (LMSR) vessels. long-term job losses. The Patriot ment of Labor violated the Ser- President’s Report on Page 10. in the area by the end of this year. Judge Bryant’s ruling is a mile- contract with MSC runs until vice Contract Act in issuing the stone victory for Patriot and July 23, 2003, with the possi- award. AMO based its claim on SUP/MFOW Norfolk Office members of the SUP, MFOW, bility of another 20 years-plus the October 1, 1999, ruling by SIU-A&G Marine Cooks, ARA, Judge Bryant nullifying the Ready 1058 West 39th Street of work in the ships if the com- MM&P, and MEBA, who crew pany is a successful operator. Reserve Fleet awards. AMO also Norfolk, VA 23508 Patriot's LMSRs. initiated that lawsuit. Telephone: (757) 489-3865 Judge Bryant ruled that AMO When notified of Judge The SUP and MM&P firmly Facsimile: (757) 489-3785 lacked standing to challenge the Bryant's decision, SUP President award because it waited until believed that AMO’s contention Gunnar Lundeberg stated that, “after the contract was awarded was bogus and without merit and accordingly filed a Motion in District Court in February op- U.S. cruiseship bill introduced in the House posing the AMO Motion for pre- liminary injunction and re- On September 28, Congress- tives Bob Filner (D-CA), Nancy quirements of the Passenger Ves- president of the International Or- quested that Judge Bryant allow men Wayne Gilchrest (R-MD) Pelosi (D-CA), and Christopher sel Services Act or jeopardizes ganization of Masters, Mates and the two Unions to intervene as and Peter DeFazio (D-OR) in- Smith (R-NJ). The bill was re- any cruise vessel construction Pilots, said: “We are convinced defendants in the case. The SUP projects in American shipyards. troduced H.R. 5337, the U.S. ferred to the House Committees that enactment of this legislation and MM&P retained Frank In fact, the only shipyard actu- Cruise Ship Tourism Develop- on Armed Services and Trans- will significantly expand the Costello of the Washington, ally building a cruise vessel in ment Act, which would allow op- portation & Infrastructure. United States-flag cruise vessel D.C. law firm of Zuckert, Scoutt this country declared that H.R. eration of large foreign-built In a letter last week to mem- fleet, create new jobs for Ameri- & Rasenberger, who, said Lun- 5337 will not adversely affect can seafaring and longshore cruise vessels under the U.S. flag bers of those committees, Ameri- deberg, “Did an outstanding job in the domestic cruise trade, and existing or future business . workers, and generate much- can Maritime Congress (AMC) in successfully representing the calls for construction of replace- Opponents also allege that en- needed commercial work for President Gloria Cataneo Tosi and interests of the membership.” ment vessels in the United Maritime Institute for Research actment of H.R. 5337 violates American ship repair and con- Mr. Costello coordinated the States. Current cosponsors of the and Industrial Development the Jones Act mandate for U.S. struction facilities and their Union’s legal efforts with Dennis legislation include Representa- (MIRAID) President C. James construction, ownership and workforces... Without S. 1510 Patti presented arguments favor- operation of vessels in the coast- as reported, we will continue to Herrera, attorney for Patriot, to ing enactment of the legislation, wise trades. This is simply not be largely shut out of the cruise bring home the victory for the and encouraging cosponsorship: true. The bill requires cruise industry, and the associated jobs affected Unions and the company. “By allowing the immediate en- ships to be owned by American and economic benefits will con- Costello and Herrera indicated try of large cruise vessels under citizens, documented under the tinue to largely flow overseas. that AMO has the right to ap- the U.S. flag for operation in do- laws and regulations of this coun- We believe it is time to rectify peal but as the West Coast Sail- Second class postage paid at San Francisco, CA (USPS 675-180) mestic markets, the bill signifi- try, crewed by U.S. citizens, this situation and to enact pro- ors went to press, there is no cantly expands the U.S.-flag maintained in American ship U.S. cruise vessel legislation.” indication whether they will pur- cruise industry, creates new jobs repair facilities, and replaced S. 1510 is sponsored by Sena- sue that course. for American merchant mariners, with ships built in domestic ship- tor John McCain (R-AZ), chair- and yields much-needed work for yards. Nothing could be closer man of the Commerce, Science U.S. shipyards. It’s an idea whose to the letter and spirit of the and Transportation Committee. time has come,” they said. Jones Act” said Tosi and Patti. Cosponsors currently include Inside While noting that H.R. 5337 H.R. 5337 is identical to S. Senators Boxer (D-CA), Burns has been endorsed by the over- 1510, its companion bill in the (R-MT), Cleland (D-GA), Page Senate, as amended by the Com- whelming majority of maritime, Feinstein (D-CA), Hollings (D- November Election port, and travel and tourism or- merce, Science and Transporta- SC), Hutchison (R-TX), Inouye Endorsements: ganizations, AMC’s Tosi and tion Committee in June, 2000. (D-HI), Mikulski (D-MD), Oregon/Washington ......... 4 MIRAID’s Patti acknowledged In a recent statement expressing Murkowski (R-AK), Sarbanes ( California......................... 5 that maritime industry support support for S. 1510, Marine En- D-MD), and Thurmond (R-SC). Hawaii ............................. 11 ESU News ......................... 6 is not universal at present. “De- gineers’ Beneficial Association Source The American Maritime Con- President Lawrence H. O’Toole Pier Head Jump ................ 8 spite their claims, this bill in no gress Washington Letter SUP Training Guidelines . 9 way repeals the ‘build U.S.’ re- and Captain Timothy A. Brown, VOTE, Tuesday, November 7, 2000 Page 2 WEST COAST SAILORS Friday, October 20, 2000 Growing economy demands bigger SUP Honor Roll U.S.-flag domestic fleet Voluntary contributions from the membership to the following funds: The U.S. coastline is expected to increase dramatically over the next five to ten Organization/ Wall of Honor years, giving new opportunities for growth in the U.S.-flag domestic fleet, accord- ing to a maritime industry report. General Fund (San Pedro Merchant Marine Memorial) “It is vital that the U.S. maritime industry act now to seize this opportunity,” the report said. “What the United States cannot do is stand idly by while the demand for increased coastwise services grows exponentially, only to watch those services John Banes............................ 10.00 Gene Castano ........................ 15.00 be provided by foreign vessels because no U.S.-flag vessels were available.” Neil Burkhardt ....................... 5.00 Clinton Gregg ........................ 20.00 The report, “Maritime Policy Initiatives 2000,” was produced by the Working Group Lee Dancer............................ 30.00 on Maritime Policy, consisting of Vice Admiral Albert J. Herberger, USN (ret.), and Erik Hand .............................. 10.00 Gunnar Lundeberg .............. 50.00 representatives of major U.S.-flag ocean carriers, maritime labor unions and maritime Gunnar Larsen ...................... 25.00 Mario Ramella ..................... 50.00 associations. This Group was formed by the Military Sealift Committee of the National James Minster ....................... 20.00 Whitey Secrest ...................... 50.00 Defense Transportation Association. These articles were originally published in the Joseph Moniz......................... 10.00 American Maritime Congress’ Washington Report. Douglas Taylor ..................... 50.00 Large amounts of cargo are already moving in the U.S. coastwise trades, the report William Walker ...................
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