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Wcs July 2007 Organized 1885 Official Organ of the Sailors' Union of the Pacific Volume LXX No. 7 SAN FRANCISCO, CALIFORNIA Friday, July 20, 2007 The Baltimore Sun reports Maritime labor testifies at U.S. Coast Guard justice stacked against mariners TWIC oversight hearing do our jobs without providing n investigative report by The Baltimore Sun based on evi- n a testimony before the and greatest that America has to any real maritime security ben- Adence in federal court records, computer data files, internal House Transportation and offer in terms of technology. I efits to our nation. memos and the sworn testimony of a former Coast Guard judge Infrastructures Subcommit- Mike Rodriguez, Executive strongly suggests that the agencys administrative court system tee on Coast Guard and Mari- Assistant to MM&P President Disqualifying Crimes isnt merely tough on American mariners but is stacked against time Transportation on July 12, Tim Brown, who presented the Concerning the crimes that them. the Sailors Union of the Pacific, jointly drafted Union statement, would disqualify an American the Masters, Mates & Pilots, the The charge was made in a detailed piece of investigative jour- countered that one of the reasons worker from obtaining a TWIC, Marine Engineers Beneficial nalism, published under the heading Justice Capsized, in the the TWIC program is falling so we feel that Congress had it right Association, the Marine June 24 issue of The Baltimore Sun. The article was researched far behind lies with the policy de- in the Maritime Transportation Firemens Union, the Interna- and written by one of the newspapers staff reporters, Robert Little. cision to use the unproven FIPS- Security Act of 2002 (MTSA). tional Longshore and Ware- The Sun published an editorial on the same topic, A Listing Court, 201 standard for the biometric MTSA sets the standard for de- house Union, the International in its June 26 edition. identity cards, rather than the nying a person a TWIC based Longshoremens Association, widely used and internationally upon that persons potential as Fallout from the news reports has spread quickly throughout the the Seafarers International recognized International Civil a terrorism risk. Yet, TSA has maritime community and beyond. In Washington, Representative Union-Atlantic, Gulf, Lakes and Aviation Organization (ICAO) chosen through regulation to Elijah Cummings (D-Maryland) Chairman of the House Subcom- Inland Waters District/NMU standards, which are used, for disqualify an individual who has mittee on Coast Guard and Maritime Transportation, said he will and the American Maritime Of- example, on electronic passports. committed crimes that do not convene a hearing to investigate the allegations that the agencys ficers, told members of Con- predispose an individual to be a administrative law system is not impartial and that its judges are The full statement as presented gress that the implementation of to the Subcommittee follows: terrorism risk. We are troubled under pressure to rule in favor of the Coast Guard. the long-delayed Transportation e wish to make clear that by the prospect that a large num- Chairman Cummings also said he will ask U.S. Coast Guard Worker Identification Credential Wall the maritime unions ber of workers might be dis- Commandant Thad W. Allen to look into whether it is necessary (TWIC) program must enhance have a vital interest in, and an qualified from obtaining a to take immediate action to protect the rights of defendants whose the security of the Nations unwavering commitment to, the TWIC or at least become en- cases are now before USCG courts. This needs to be looked at transportation system, but must enhancement of Americas mari- tangled in the process for past quickly. Even the appearance of injustice or impropriety cannot also preserve the legitimate time security. We want an ef- offenses that are not relevant. be tolerated. rights of workers. fective and realistic system for Therefore, we call for a fair and Much of the article in The Sun is based on a sworn statement Subcommittee members from controlling access to facilities robust appeals process, moni- given by Jeffie J. Massey, who worked until recently as a USCG both political parties sharply and vessels because our mem- tored closely, to ensure that administrative law judge. Massey, who reports she was pressured criticized the Bush Administra- bers are on the front lines. The workers who pose no threat are into retiring from the Coast Guard, said in a sworn statement that tion during the hearing for the members of our respective or- not unjustly denied a TWIC and she was instructed by Chief Judge Joseph N. Ingolia not to act as many delays and problems that ganizations will almost certainly therefore denied the opportunity a judge but rather as a tool to assure rulings favorable to the USCG. have plagued the TWIC pro- be among the first American citi- to pursue their livelihoods. I was specifically told [by Ingolia] that I should always rule for gram. Transportation and Infra- zens directly affected, injured It is our understanding that the Coast Guard, she testified. structure Chairman James and killed in the event of such TSA intends to use Administra- Oberstar (D-Minnesota) said that An excerpt from the article provides more details on her testi- an incident or breach of mari- tive Law Judges (ALJs) provided It is frustrating that were five mony: According to Massey, court records and internal memo- time security. Therefore, we by the Coast Guard. We are con- years from the law mandating randums obtained by The Sun, Ingolia told other judges how to desire to be regarded by our cerned that there may be an in- TWIC and we still dont have a rule in cases and dictated policy government as an ally here at sufficient number of ALJs within card. Extremely frustrated through private memos that were home, in the same way that we the present Coast Guard system doesnt quite go far enough to never shared with defendants or sail and work in support of our to handle the caseload the pro- describe how I feel. Represen- their lawyers, a practice that armed forces overseas in the war gram may generate. We ask this tative Frank LoBiondo (R-New could violate federal laws requir- against terror. Subcommittee and the Congress Jersey) agreed and added that ing that agency judicial proce- to ensure that the Coast Guard The Transportation Security At the same time, we have dures be published and subject has the resources to administer Second class postage paid at San Francisco, CA (USPS 675-180) (USPS CA Francisco, San at paid postage class Second Administration (TSA) has got- another obligation to our nation: to challenge, wrote Sun re- the waiver and appeals process ten so very little right so far that to safely and economically move porter Robert Little. And staff fairly and in a timely fashion. Im concerned that the people in Americas foreign and domes- attorneys for the chief judge and the real world who are going to tic commerce. We strongly be- Federal Preemption the commandants office dis- have to live with this card are lieve strengthening maritime The protection of our country cussed cases with Coast Guard going to have some very great security and facilitating the from terrorist acts is a national investigators, possibly violating obstacles to overcome. movement of cargo to strengthen concern. The TWIC program is mariners right to an impartial our economic security are not intended to enhance security hearing. Speaking on behalf of the Bush Administration was TSAs mutually exclusive goals and within Americas ports and fa- I practiced law for 20 years, Maurine Fanguy, who directs the objectives. Rather, we can cilities and aboard vessels in and I cant imagine some of this TWIC program. Rear Admiral achieve both goals provided the such a way that there is a mini- stuff happening, said Represen- Brian Salerno of the Coast Guard Transportation Security Admin- mal impact on the movement of tative Cummings. You dont also testified. Fanguy said the istration (TSA) understands that goods in domestic and foreign have investigators and judges numerous delays in implemen- a poorly designed and imple- commerce. Unfortunately, un- staff talking to each other, not tation of the TWIC card were mented program will unneces- less the Federal government acts if what youre looking for is fair- due in part to TSAs desire to sarily burden our industry and to ensure that the TWIC pro- seriously diminish our ability to continued on page 10 be in alignment with the latest continued on page 9 Committee on Constitution: Page 5 ESU News: Pages 6 & 7 Page 2 WEST COAST SAILORS Friday, July 20, 2007 SUP Honor Roll Bloody Thursday in San Francisco Voluntary contributions from the membership to the following funds: Organization/ West Coast General Fund Sailors David Connolly ................ 20.00* John Ban ........................ 25.00 Mike Dirksen .................. 40.00* Herbert Blake.................. 25.00 Romaine Dudley............... 20.00* Gene Davis ..................... 25.00 Mike Duvall .................... 20.00* George Elinoff ................. 25.00 Duane Hewitt .................. 20.00* Mike Fox ........................ 20.00 James Kolm .................... 50.00 George Gooden ................ 25.00 Kaj Kristensen................. 20.00* Clarence Hartwig ............. 25.00 Norman Kwak ................. 50.00 Franklin Haugen .............. 25.00 Lincoln Lee ..................... 25.00 Richard Kingsbury ........... 25.00 Lee McLeod .................... 50.00 James Kolm .................... 50.00 From left: Hannu Kurppa, Gene Van Klinken, Izzy Idris, Vice President Dave Terence ONeill ................ 20.00* Orsen Larsen .................. 25.00 Connolly, Arthur Thanash, Bill Berry, Knud Jensen and Sol Berger attended the Gary Rymel .................... 20.00* Lincoln Lee ..................... 25.00 annual observance at ILWU Local 10. Ralph Senter ................... 20.00* Belfred Lomba................. 25.00 Edward Sexton ................ 50.00 Gary McDevitt................. 10.00 Ed Suguitan .................... 30.00 David McKeithen ............
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